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Home My WebLink About04-0720SANDRA D. NAILOR Plaintiff, V. CHARLES EDWARD NAILOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 0? - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: Charles Edward Nailor 416 Greenspring Street Newville, PA 17241 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue A Qcsle' Pennsylvania 17013-3387 )L IMOPHONE: (717) 249-3166 C? . SANDRA D. NAILOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, V. CHARLES EDWARD NAILOR CIVIL ACTION - LAW NO. IN DIVORCE Defendant DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Sandra D. Nailor currently residing at 416 Greenspring Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Charles E. Nailor currently residing at 416 Greenspring Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 30, 1965 in Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Plaintiff avers that there were no children born of this marriage under the age of eighteen (18). COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The averments of Paragraphs 1 through 8 hereof are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 12. The averments of Paragraphs 1 through 1 I hereof are incorporated herein by reference. 13. The marriage of the parties is irretrievably broken. 14. The parties are living separate and apart; and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR FAULT DIVORCE UNDER SECTION 3301(a) OF THE DIVORCE CODE 15. The averments of Paragraphs I through 14 hereof are incorporated herein by reference. 16. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce pursuant to § 3301(a) of the Divorce Code to Plaintiff, the innocent and injured spouse. COUNT IV EOUITABLE DISTRIBUTION 17. The averments of Paragraphs 1 through 17 hereof are incorporated herein by reference. 18. During the marriage the parties acquired marital property, assets and debts which Plaintiff requests the court equitably distribute and assign. COUNT V SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE 19. The averments of Paragraphs 1 through 18 hereof are incorporated herein by reference. 20. Plaintiff requires reasonable support and/or alimony pendente lite to adequately sustain herself within the standard of living established during the marriage and to properly and adequately maintain the within action for divorce. WHEREFORE, Plaintiff requests that this Court enter a decree in divorce, enter an Order equitably distributing marital property, award Plaintiff support, alimony, and alimony pendente lite, and enter any such other Orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: -? - %--Oz? VERIFICATION I, Sandra D. Nailor, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Sandra D. Nailor Date: c?y%?'-Cy r-? 71t) (J ? f- ?y V J i `^ C C. SANDRA D. NAILOR Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 9.y,-7X* CHARLES EDWARD NAILOR Defendant IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Sandra D. Nailer, is the Plaintiff in the above referenced divorce action which was filed simultaneously with this Petition. 2. Petitioner included a Petition for Alimony Pendente Lite (APL) in the Complaint in Divorce when filed. 3. Petitioner requires reasonable support and/or APL to adequately sustain herself within the standard of living established during them marriage and to properly and adequately maintain the within action for divorce. 4. Petitioner seeks APL effective the date the claim was filed in the Complaint in Divorce. WHEREFORE, Petitioner requests that this Court enter an Order awarding alimony pendente lite in this matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew . Spears, Esquire Attorney I.D. No. 87737 Harrisburg, PA 17110-0300, P. O. Box 5300 (717) 238-8187 ?1 f L Attorneys for Plaintiff Dated: d- IU-G VERIFICATION I, Sandra D. Nailor, hereby certify that the facts set forth in the foregoing Plaintiffs Petition for Alimony Pendente Lite are true and correct to the best of my knowledge, information and belief, and that false statements herein arc made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Sandra D. Nailor Date: "?'-/41 --C y SANDRA D. NAILOR Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW V. NO. CHARLES EDWARD NAILOR Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiff's Petition for Alimony Pendente Lite with reference to the foregoing action by first class mail, postage prepaid, this day of F-ZJ-Z?v al 2004, on the following: Mr. Charles Edward Nailer 416 Greenspring Street Newville, PA 17241 C Andrew C. Spears r c J !? ?, ?_ ? -, , r r -? ` r _ ? ::: `? ?'? l i..J v - ?- `_ ? , ,, , J ? w SANDRA D. NAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2004-720 CIVIL TERM IN DIVORCE CHARLES E. NAILOR, Defendant/Respondent pacses# 749106212 ORDER OF COURT AND NOW, this 5" day of March, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R J Shadday on April 5 2004 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 3-5-04 to: < Respondent Andrew Spears, Esquire 7' - 1?/S7jl Frances Del Duca, Esquire Date of Order: March 5 2004 J. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 l00e s Yb -nildo ?lb?ove? Q)? -V'?dlJ SANDRA D. NAILOR Plaintiff, V. CHARLES EDWARD NAILOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. p . -7X* IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Sandra D. Nailor, is the Plaintiff in the above referenced divorce action which was filed simultaneously with this Petition. 2. Petitioner included a Petition for Alimony Pendente Lite (APL) in the Complaint in Divorce when filed. 3. Petitioner requires reasonable support and/or APL to adequately sustain herself within the standard of living established during them marriage and to properly and adequately maintain the within action for divorce. 4. Petitioner seeks APL effective the date the claim was filed in the Complaint in Divorce. WHEREFORE, Petitioner requests that this Court enter an Order awarding alimony pendente lite in this matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By C Andrew . Spears, Esquire Attorney I.D. No. 87737 Harrisburg, PA 17110-0300, P. O. Box 5300 (717) 238-8187 L Attorneys for Plaintiff Dated: ?' I?- G VERIFICATION I, Sandra D. Nailor, hereby certify that the facts set forth in the foregoing Plaintiff's Petition for Alimony Pendente Lite are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Sandra D. Nailor Date: ?' /, e y SANDRA D. NAILOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION - LAW V. CHARLES EDWARD NAILOR Defendant NO. IN DIVORCE CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Plaintiffs Petition for Alimony Pendente Lite with reference to the foregoing action by first class mail, postage prepaid, this day of?l2c a,-12004, on the following: Mr. Charles Edward Nailor 416 Greenspring Street Newville, PA 17241 Andrew C. Spears r- rte' L CID ::aC7 SANDRA D. NAILOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION - LAW V. NO. ?? - 7 ;ZO CHARLES EDWARD NAILOR Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff, Sandra D. Nailor, in the above-captioned divorce action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant on February 25, 2004. Attached hereto, marked as Exhibit A, and incorporated herein by reference, is the Acceptance of Service. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Dated: n-?_\-ULl Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 298346-1 RJ CJ (` _ TJ C ?' J T ?I Z In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SANDRA D. NAILOR ) Docket Number 04-720 CIVIL Plaintiff ) VS. ) PACSES Case Number 749106212 CHARLES E. NAILOR ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 15TH DAY OF APRIL, 2004 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE filed on FEBRUARY 19, 2004 in the above captioned matter is dismissed without prejudice due to: THE PARTIES RESIDING IN THE MARITAL HOME AND THE DEFENDANT MAKING PAYMENT ON THE MAJORITY OF THE HOUSEHOLD EXPENSES. SHOULD THE PLAINTIFF LEAVE THE MARITAL HOME, THE ALIMONY PENDENTE LITE MATTER MAY EE REVISITED. ® The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. 7, L71 DRO: RJ Shadday APR, Xc: plaintiff defendant Andrew Spears, Esquire Frances DelDuca, Esquire Service Type M BY THE COURT: Kevin Hess JUDGE Form OE-506 Worker ID 21005 ?.? ICJ C'> l_I r - -Il _ i, _-1 •' ? - ra - ? - ; _ t_? . .. ?! J . -I ?_'. "C. _. CJ - . SANDRA D. NAILOR, Plaintiff/Petitioner VS. CHARLES E. NAILOR, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2004-720 CIVIL TERM IN DIVORCE Paeses# 749106212 DEMAND FOR HEARING DATE OF ORDER: April 15, 2004 AMOUNT: N/A FOR: Dismissal of Alimony Pendente Lite Petition REASON(S): PLAINTIFF CONTENDS THAT THE PARTIES SEPARATED ON APRIL 8. 2002 AFTER WHICH TIME THEY HAVE BEEN LIVING SEPARATF. AND APART BIiT PARTY FILING DEMAND FOR HEARING: ?? l-` April 1.9. 2004 Signature Andrew S. Spears Date h? r ?? = '. <?? ; :? ? ' r.a ° ?; c.? _ 5 ?'r; n ?? i r ,? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SANDRA D. NAILOR ) Docket Number 04-720 CIVIL Plaintiff ) VS. ) PACSES Case Number 749106212 CHARLES E. NAILOR ) Defendant ) Other State ID Number ORDER OF COURT You, SANDRA D. NAILOR plaintiff/defendant of 416 GREENSPRING RD, NEWVILLE, PA. 17241-9611-16 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JULY 29, 2004 at 1:30PM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and o 4. proof of medical coverage which you may have, or may have available to y 5. information relating to professional licenses o n o J:7 6 other: . Form CM-509 Service Type M Worker ID 21302 NAILOR v. NAILOR PACSES Case Number: 749106212 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: ? -,,? y - 0 h' A A4 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWk'ER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBER comply with the Americans with Disabilities Act of 1 facilities and reasonable accommodations available t before the court, please contact our office at: (717) made at least 72 hours prior to any hearing or business scheduled hearing. LAND County is required by law to 990. For information about accessible o disabled individuals having business 240-6225 . All arrangements must be before the court. You must attend the Page 2 of 2 Form CM-509 Service Type M Worker lD 21302 (? ? N o n r -?l C i .r? n riz v; l vG u C7 ?yf- G) `?fTl In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SANDRA D. NAILOR ) Docket: Number 04-720 CIVIL Plaintiff ) vs. ) PACSES Case Number 749106212 CHARLES E. NAILOR ) Defendant ) Other State ID Number ORDER OF COURT You, CHARLES EDWARD NAILOR plaintiff/defendant of 416 GREENSPRING RD, NEWVILLE, PA. 17241-9611-16 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JULY 29, 2004 at 1:30PM fora hearing. c You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed; 2. your pay stubs for the preceding six (6) months, =' --' c, U 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you, r- o 5. information relating to professional licenses a- 6. other: Form CM-509 Type M Worker ID 21302 NAILOR V. NAILOR PACSFS Case Number: 749106212 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED ]FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business scheduled hearing. before the court. You must attend the Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 N N a., Tl n ? 4 ,1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SANDRA D. NAILOR ) Docket Number 04-720 CIVIL Plaintiff ) vs. ) PACSES Case Number 749106212 CHARLES E. NAILOR ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, SANDRA D. NAILOR of 416 GREENSPRING RD, NEWVILLE, PA. 17241-9611-16 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 31ST DAY OF AUGUST, 2004 at 9: ooAM fora hearing. This date replaces the prior hearing date of JULY 29, 2004 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Service Type M Worker ID 21302 NAILOR V. NAILOR PACSES Case Number: 749106212 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: jS - ) JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 WorkerlD 21302 "L3Y?, G {y5l'? J In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SANDRA D. NAILOR Docket Number 04-720 CIVIL Plaintiff ) vs. CHARLES E. NAILOR PACSES Case Number 749106212 ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, CHARLES EDWARD NAILOR of 416 GREENSPRING RD, NEWVILLE, PA. 17241-9611-16 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 31ST DAY OF AUGUST, 2004 at 9: ooAM fora hearing. This date replaces the prior hearing date of JULY 29, 2004 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Worker ID 21302 NAILOR V. NAILOR PACSES Case Number: 749106212 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: /v' /04, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACTT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6>25 . All arrangements must be made at least 72 hours prior to any hearing or business before: the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 c? ? o 176 u1 C Yc' ?-? r 2L? < ' L:- W J SANDRA D. NAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION CHARLES E. NAILOR, : PACSES NO. 749106212 Defendant : DOCKET NO. 04-720 CIVIL INTERIM ORDER OF COURT AND NOW, this 2nd day of September, 2004, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendent lite the sum of $320.00 per month. B. Payment on arrearages will be held in abeyance and will be resolved in equitable distribution. C. The Defendant shall continue to provide health insurance coverage on the Plaintiff as is available through his prior employment with the Commonwealth of Pennsylvania at a reasonable cost. D. The effective date of this order is June 1, 2004. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interirn order, this order shall then constitute a final order. By the Court',, / Kevin A. Hess, J. JIS) Cc: Sandra D. Nailor Charles E. Nailor Andrew C. Spears, Esquire For the Plaintiff Frances H. DelDuca, Esquire For the Defendant DRO SANDRA D. NAILOR, Plaintiff V. CHARLES E. NAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 749106212 DOCKET NO. 04-720 CIVIL Following a August 31, 2004 the following) report and recommendation are made Master on FINDINGS OF FACT 1. The Plaintiff is Sandra D. Nailor, who resides at 318 Dwelling Court, Shippensburg, Pennsylvania. 2. The Defendant is Charles E. Nailor, who resides at 416 Green Spring Road, Newville, Pennsylvania. 3. The parties are husband and wife, having married on October 30, 1965. 4. On February 18, 2004 the Plaintiff filed a complaint for divorce containing a claim for alimony pendente lite. 5. The Plaintiff continued to reside in the marital residence until the end of May, 2004 when she moved to her present address. 6. The Plaintiff and Defendant operated a craft sales business for 18 years. 7. After moving from the marital residence the Plaintiff obtained employment at First Impressions Cleaning where she earns $8.00 per hour. 8. The parties have temporarily discontinued the craft business. 9. The Defendant is retired from employment with the Commonwealth of Pennsylvania. 10. The Defendant receives a pension from the Commonwealth of $15,943.00 annually. 11. The Defendant receives social security retirement benefits of $13,632.00 annually. EXHIBIT "A" 0664-7 12. The Defendant works part-time at Don Saylor's market where his year-to-date income through August 15, 2004 has been $7,858.00 13. The parties purchased a motor home to use in their craft business. 14. The Defendant is making monthly payments of $949.00 on the motor home. 15. Despite making efforts the parties have been unable to sell the motor home to date. 16-After initially filing separate tax returns for 2003 the parties filed an amended return jointly. 17. In June 2004 the parties sold some jointly-owned property and each received approximately $3,500.00 of the proceeds. 18. Prior to the Plaintiffs departure from the martial residence the parties separate bedrooms, and the Plaintiff paid for her cell phone, cable television, and some of the food. The Defendant paid the real estate taxes nthe had residence, all utilities, the homeowners insurance, the car insurance, and some of the food. DISC---SON The prosec to or de end a divorce ace n. Li a is to enable a dependent spouse to (Pa. Super. 1996), Although the method tofa calculating an alimon2d. 382 award is the same as that used to calculate spousal su 47 Cumberland L.J. 131 (1998), a dependent spouse must first a abl sheentitlement to an award. Clouse v. Clouse, 50 Cumberland L.J (20o1). Littlee lite entitlement the trial court gild consider such factors as the ability of the other party to pay, the separate estate and income of the In determining character, situation and surroundings of the 9 Party, and the parties. Pe Lim Lm nin ans v_ Limns supra. The Plaintiff has gross weekly income of $320.00 based upon working 40 hours at $8.00 per hour. This equates to a gross monthly income of $1,387.00. Although the Plaintiff did not introduce a statement of her e this Master, that income is insufficient for the Plaintiff to su present living arrangement during the pendency of the divorce. expenses, in the opinion of Plaintiff resided in the home her expenses were met in-kind the However, Defendant while the Consequently the effective date of the APL obligation will be set at June 1, 2004. Although the Plaintiff did not obtain her present employment until July, 2004, she June 1. had the earning capacity commensurate with her current actual earnings as early as 2 With gross monthly income of $1,387.00 and filing a federal tax return as married/separate, the Plaintiff would have net monthly income of $1,144.00.' Although the parties ultimately filed a joint marital return for tax year 2003, it is anticipated that the patties will file separately in 2004 so that the Defendant can claim the deduction for alimony payments. The Defendant has income from three sources. He has a month) $1,329.00, social security retirement benefits of $1,113.00, and earnings from part- time employment of $1,032.00. Filing his federal tax net monthly income is $2,657.00. 2 return as married/sepaeate, his Performing a spousal support/APL calculation pursuant to Pa. R.C.P. 1910.16-4(a) would result in a monthly obligation of $605.00.3 A support award calculated pursuant to the guidelines is presumed to be correct, but the presumption may be rebutted if the guideline amount is unjust or ina circumstances of the case. Landis v. Landis 691 A.2d. 939 (Pa. Super. 1997) The requirement to make a $948,00 per month a ppropriate under the home* which was purchased for the sole purpose of traveling to craft shows in the parties' business is a factor which justifies a deviation in this case. The Defendant has been making and continues to make these monthly Payments. makes up 70% of the combined incomes of the parties. Therefore His ot30% of the me monthly payment, or $285.00, will be deducted from the guideline figure of $605.00 and will result in an APL obligation effective June 1, 2004 of $320.00. IMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendent lite the sum of $320.00 per month. B. Payment on arrearages will be held in abeyance and will be resolved in equitable distribution. C. The Defendant shall continue to provide health insurance coverage on the Plaintiff as is available through his prior emplont with the Commonwealth of Pennsylvania at a reasonable cost. yme See Exhibit "A" for the deductions from gross income. See Exhibit "A" fbr the deductions from gross income. See Exhibit "B" for the calculation. D. The effective date of this order is June 1, 2004. -SCI TIC An A 1?n 2! ua'te Michael R. Rundle Support Master 4 SupportCa/c 2004 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania SupportCa/C2004 EXHIBIT "B" In the Court of Common Pleas of Cumberland Countv. Pennsvivanin SANDRA D. NAILOR, Plaintiff V. CHARLES E. NAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 749106212 DOCKET NO. 04-720 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Pay statements Defendant's Exhibit No. 1 - Auction statement Defendant's Exhibit No. 2 - Marital assets in possession of Plaintiff Defendant's Exhibit No. 3 - Income and expense statement Defendant's Exhibit No. 4 - Amended tax return Defendant's Exhibit No. 5 - Defendant's original 2003 tax return Defendant's Exhibit No. 6 - Plaintiffs original 2003 tax: return Defendant's Exhibit No. 7 - Business card Defendant's Exhibit No. 8 - Motor home payment slip Defendant's Exhibit No. 9 - Real estate tax receipt Defendant's Exhibit No. 10 - Earnings statement Defendant's Exhibit No. 11 - Schedule C from 2002 tax return C- 3)) o r V??t (11 T1 T J C ? V N S]S) "'rl ?j _: ? (n ? ? _.j ? ::G F 1F[LES\AATAF[LE1GeneraACurrent111371.4 praecipe2.wpd Created 9/20/04 0:06PM Revised: 10/28/04 9-55AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA D. NAILOR . Plaintiff V. CHARLES EDWARD NAILOR Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-720 CP1IL CIVIL ACTION - LAW : IN DIVORCE PRAECIPE Please withdrawal the appearance of Metzger Wickersham Knauss & Erb on behalf of SANDRA D. NAILOR in the above matter. METZGER WICKERSHAM KNAUSS & ERB By: CqU- Andrew C. Spears, Esquire I.D. No. KTTI?-] 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of SANDRA D. NAILOR in the above matter. qc? Date: MARTSON DEARDORFF WILLIAMS & OTTO By Jenni r . Spears, Esquire I.D. No. 87445 Ten East High. Street Carlisle, PA 17013 (717) 243-334.1 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Frances H. Del Duca, Esquire Ten West High Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO Y i is D. Eckenr'.oad Ten East High Street Carlisle, PA 17013 (717) 243-3341 . Dated: October 29, 2004 :o 0 t, -ti -, -rte _f'i ^r?' _r} - rn w ? F \FILESVDA1AF1LEIGeneta1ACunea(U 1371.3.petm )dI Csealed 920104 006PM Revised 6/14/05 3.05PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA D. NAILOR, Plaintiff V. CHARLES EDWARD NAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-720 CIVIL PACSES 749106212 DOMESTIC RELATIONS SECTION PETITION FOR MODIFICATION OF EXISTING ALIMONYPENDENTE LITE ORDER The Petition of Plaintiff, Sandra D. Nailor, respectfully represents that on September 2, 2004, an Order of Court was entered for alimony pendente lite to Plaintiff. A true and correct copy of the Order is attached to this Petition. Petitioner is entitled to an increase of the alimony pendente lite because Defendant is no longer making monthly payments on a loan for the motor home. WHEREFORE, Petitioner requests that the Court modify the existing Order for Alimony Pendente Lite. MARTSON DEARDORFF WILLIAMS & OTTO B Jenni r LJSpears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 14, 2005 Attorneys for Plaintiff SANDRA D. NAILOR, Plaintiff V. CHARLES E. NAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 749106212 DOCKET NO. 04-720 CIVIL INTERIM ORDER OF COURT AND NOW, this 2nd day of September, 2004, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendent lite the sum of $320.00 per month. B. Payment on arrearages will be held in abeyance and will be resolved in equitable distribution. C. The Defendant shall continue to provide health insurance coverage on the Plaintiff as is available through his prior employment with the Commonwealth of Pennsylvania at a reasonable cost. D. The effective date of this order is June 1, 2004. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P, If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the Court, A Kevin A. Hess. J. Cc: Sandra D. Nailor Charles E. Nailor Andrew C. Spears, Esquire For the Plaintiff Frances H. DelDuca, Esquire For the Defendant DRO SANDRA D. NAILOR, Plaintiff V. CHARLES E. NAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 749106212 DOCKET NO. 04-720 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on August 31, 2004 the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Sandra D. Nailor, who resides at 318 Dwelling Court, Shippensburg, Pennsylvania. 2. The Defendant is Charles E. Nailor, who resides at 416 Green Spring Road, Newville, Pennsylvania. 3. The parties are husband and wife, having married on October 30, 1965. 4. On February 18, 2004 the Plaintiff filed a complaint for divorce containing a claim for alimony pendente lite. 5. The Plaintiff continued to reside in the marital residence until the end of May, 2004 when she moved to her present address. 6. The Plaintiff and Defendant operated a craft sales business for 18 years. 7. After moving from the marital residence the Plaintiff obtained employment at First Impressions Cleaning where she earns $8.00 per hour. 8. The parties have temporarily discontinued the craft business. 9. The Defendant is retired from employment with the Commonwealth of Pennsylvania. 10. The Defendant receives a pension from the Commonwealth of $1 ;,943.00 annually. 11. The Defendant receives social security retirement benefits of $13,632.00 annually. EXHIBIT "A" 12. The Defendant works part-time at Don Saylor's market where his year-to-date income through August 15, 2004 has been $7,858.00 13. The parties purchased a motor home to use in their craft business. 14. The Defendant is making monthly payments of $949.00 on the motor home. 15. Despite making efforts the parties have been unable to sell the motor home to date. 16. After initially filing separate tax returns for 2003 the parties filed an amended return jointly. 17. In June 2004 the parties sold some jointly-owned property and each received approximately $3,500.00 of the proceeds. 18. Prior to the Plaintiff's departure from the martial residence the parties had separate bedrooms, and the Plaintiff paid for her cell phone, cable television, and some of the food. The Defendant paid the real estate taxes on the residence, all utilities, the homeowners insurance, the car insurance, and some of the food. DISCUSSION The purpose of alimony pendente lite is to enable a dependent spouse to prosecute or defend a divorce action. Litmans v. Litmans, 673 A.2d. 382 (Pa. Super. 1996). Although the method of calculating an alimony pendente lite award is the same as that used to calculate spousal support, Little v. Little, 47 Cumberland L.J. 131 (1998), a dependent spouse must first establish entitlement to an award. Clouse v. Clouse, 50 Cumberland L.J. (2001). In determining entitlement the trial court should consider such factors as the ability of the other party to pay, the separate estate and income of the petitioning party, and the character, situation and surroundings of the parties. Litmans v. Litmans, supra. The Plaintiff has gross weekly income of $320.00 based upon working 40 hours at $8.00 per hour. This equates to a gross monthly income of $1,387.00. Although the Plaintiff did not introduce a statement of her expenses, in the opinion of this Master, that income is insufficient for the Plaintiff to support herself in her present living arrangement during the pendency of the divorce. However, while the Plaintiff resided in the home her expenses were met in-kind by the Defendant. Consequently the effective date of the APL obligation will be set at June 1, 2004. Although the Plaintiff did not obtain her present employment until July, 2004, she had the earning capacity commensurate with her current actual earnings as early as June 1. With gross monthly income of $1,387.00 and filing a federal tax return as marriedlseparate, the Plaintiff would have net monthly income of $1,144.00.1 Although the parties ultimately filed a joint marital return for tax year 2003, it is anticipated that the parties will file separately in 2004 so that the Defendant can claim the deduction for alimony payments. The Defendant has income from three sources. He has a monthly pension of $1,329.00, social security retirement benefits of $1,113.00, and earnings from part- time employment of $1,032.00. Filing his federal tax return as married/separate, his net monthly income is $2,657.00.2 Performing a spousal supporVAPL calculation pursuant to Pa. R.C.P. 1910.16-4(a) would result in a monthly obligation of $605.00.3 A support award calculated pursuant to the guidelines is presumed to be correct, but the presumption may be rebutted it the guideline amount is unjust or inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d. 939 (Pa. Super. 1997). The requirement to make a $949.00 per month payment on the parties' motor home which was purchased for the sole purpose of traveling to craft shows in the parties' business is a factor which justifies a deviation in this case. The Defendant has been making and continues to make these monthly payments. His monthly net income makes up 70% of the combined incomes of the parties. Therefore 30% of the monthly payment, or $285.00, will be deducted from the guideline figure of $605.00 and will result in an APL obligation effective June 1, 2004 of $320.00. RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendent lite the sum of $320.00 per month. B. Payment on arrearages will be held in abeyance and will be resolved in equitable distribution. 0. The Defendant shall continue to provide health insurance coverage on the Plaintiff as is available through his prior employment with the Commonwealth of Pennsylvania at a reasonable cost. See Exhibit "A" for the deductions from gross income. See Exhibit "A" for the deductions from gross income. See Exhibit "B" for the c?dculation. D. The effective date of this order is June 1, 2004. ??vuL z, zz?l eta .._Q ?u .. _ D *e Michael R. Rundle Support Master SupportCa/c 2004 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania SupportCalc 2004 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Frances H. DelDuca, Esquire Ten West High Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By? T`ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 1 Dated: CJ c? r--r _t SANDRA D. NAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - DIVORCE NO. 2004-720 CIVIL TERM CHARLES E. NAILOR, IN DIVORCE Defendant/Petitioner PACSES# 749106212 ORDER OF COURT AND NOW, this 8th day of June, 2005, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $0.00 and Respondent's monthly net income/earning capacity is $0.00, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $512.00 per month payable monthly as follows; $512.00 for alimony pendente lite and $0.00 on arrears. First payment due on or before June 20, 2005. Arrears set at $528.33as of June 8, 2005 . The effective date of the order is April 15, 2005 Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Sandra D. Nailor . Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. DEFENDANT TO PROVIDE MEDICAL INSURANCE COVERAGE. THIS ORDER IS BASED UPON THE SUPPORT MASTER'S ORDER OF SEPTEMBER 2, 2004 AND THE DEFENDANT NO LONGER HAVING MONTHLY MOTOR HOME PAYMENTS. HOWEVER, THE DEFENDANT HAS AN INCREASED EXPENSE FOR MEDICAL INSURANCE COVERAGE FOR THE PLAINTIFF AND PLAINTIFF'S PROPORTIONATE SHARE OF $93.35 WILL BE DEDUCTED FROM THE BASIC SUPPORT AWARD OF $605.00 PER MONTH. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney BY THE COURT, LL to A. Hess J. DRO: R. J. Shadday Cc: Petitioner Respondent Jennifer Spears, Esquire Francis Del Duca, Esquire wAlux-n JUN 14 2005 c? c, ? -?, l_y C.r ? . ? _, 1- T 4.,,. ".. C', S iz i'"" V t l ,SL ?4 `?_? ? '?.' -.. -i1 5-?t '?:: :.? ? P- y rr CJ ._.l ?. <:• _. SANDRA D. NAILOR, Plaintiff V. CHARLES N. NAILOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004-720 DIVORCE : CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of STACY B. WOLF, ESQUIRE, as attorney for the defendant, CHARLES N. NAILOR, in the above-referenced case. Respectfully submitted, WOLF & WOLF ju n' r__ Date: 2006 BY. Stacy B. W&, Esquire 10 West Nigh Street Carlisle, PA 17013 Supreme Court I.D. No. 88732 (717) 241-4436 Attorney for Defendant Please withdraw my appearance on behalf of the defendant, in the above-captioned case. Dated W 6!?; 2006 Lr?ances U MI Duca, Esquire 506 S. College Street Carlisle, PA 17013-2922 Supreme Court I.D. No. 06269 (717) 243-2753 c7 ? t? r__ ? -E, _, . ..?.. _,? ; -- ,- __ ? , -,. _ : , ' _, _._ ___._, _ m t, . _, r t-? J _t ca =;' ?,? --?;. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SANDRA D NAILOR Plaintiff VS. CHARLES EDWARD NAILOR NO. 04-720 19 MOTION FOR APPOINTMENT OF MASTER SANDRA D. NAILOR , (Plaintiff) fit), moves the court to appoint a master with respect to the following claims: (X) Divorce ()} Distribution of Property ( ) Annulment () Support (X) Alimony ( Counsel Fees ( ) Alimony Pendente Lite ( Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The defendant (has) (appeared in the action4p=v=aH#(by his attorney, FRANCES DEL DUCA ,Esquire). (3) The statutory ground(s) for divorce (is)#aoo 3301(d) , 2 year separation (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: None (c) The action is contested with respect to the following claims: _ Property distribution, alimony, costs, counsel fees and expenses. (5) The action *amk ))(does not involve) complex issues of law or fact. (6) The hearing is expected to take 1 V0&ff (days). (7) Additional information, if any, relevant to the motion: Date: Jennifer L. SpearsAftorney for (Plaintiff) (C"ard) ORDER APPOINTING MASTER And now 200 Esquire, Is appointed master with respect to the following claims: By the Court: CUMBERLAND - 73 -- ?_ : ? ?+ r....? ___1 rIi F:XRLES\DATAFELE\GeneraACurren t\11371.3. inventory Created: 9/22104 5:21PM Revised: 2/15/06 2:56PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA D. NAILOR, Plaintiff V. CHARLES EDWARD NAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-720 CIVIL CIVIL ACTION - LAW : IN DIVORCE INVENTORY AND APPRAISEMENT OF SANDRA D. NAILOR, PLAINTIFF Plaintiff, SANDRA D. NAILOR, files the following Inventory and Appraisement of all property owned or possessed by either party at the time the parties were separated. Plaintiffverifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiffunderstands that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SANDRA D. NAILOR, Plaintiff Date: ??I ? ASSETS OF PARTIES SANDRA D. NAILOR, Plaintiff, 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. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit box () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership and officer/director positions held by a party with company) () 16. Employment/termination benefits - severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Educational benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (includes as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other LIABILITIES OF PARTIES Plaintiff, SANDRA D. NAILOR, marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED () 1. Mortgages () 2. Judgments () 3. Liens (X) 4. Other secured liabilities UNSECURED () 5. Credit card balances () 6. Purchases () 7. Loan payments () 8. Notes payable () 9. Other unsecured liabilities CONTINGENT OR DEFERRED () 10. Contracts or agreements () 11. Promissory notes () 12. Lawsuits () 13. Options () 14. Taxes () 15. Other contingent or deferred liabilities MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other or with any other person as of the date this action was commenced: Item Description of Prove rtv Name of All Owners Values 1 marital residence H & W $145,000.00 - $150,000.00 (estimate) 2 motor home H & W $0.00 - Repossessed 18 pension H unknown- in pay status 25 personal property H & W divided and/or sold at auction with proceeds split 25 Major appliances in home H & W Unknown - may need to be appraised 2 1995 Ford Conversion van W Unknown (wash) 2 17 passenger van (small bus) H Unknown (wash) 25 Lavhnowers H Unknown NON-MARITAL PROPERTY Plaintiff lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description of Property Name of All Owners Reason for Exclusion LIABILITIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date the action was commenced: Item 2 2 2 Description of Liability/ Name of Creditor loan on motor home van loan/Bank of America H's vehicle loan Names of All Amount of Liability Debtors H & W $58,000.00 H&W Approximately $1,500.00 H Unknown Sandra D. Nailor D.R.O. NO.749106212)OCKET NO. 04-720 vS Charles E. Nailor OTHER REF NO. INCOME AND EXPENSE STATEMENT OF ADDRESS 95 Co intryy° Estates PHONE Newville, PA 17341 ATTORNEY Jennifer L. Spears SECTION I : INCOME AND INSURANCE INFORMATION INSTRUCTIONS: THIS SECTION MOST BE FULLY COMPLETED. IF YOU ARE NOT PRESENTLY EMPLOYED, THE EMPLOYER INFORMATION SHOULD REFLECT EARNINGS INFORMATION FROM YOUR LAST JOB. INCOME: CURRENT OR LAST EMPLOYER: Fay's Country Kitchen PAYROLL ADDRESS: 203 South Hanover Street, Carlisle POSITION HELD: server RATE OF PAY/FREQUENCY HOW PAID: (CIRCLE ONE) WEEKLY/ BIWEEKLY/ MONTHLY / SEMI-MONTHLY/ OTHER IF LAST JOB: DATE LEFT JOB GROSS PAY PER PERIOD: ITEMIZED PAYROLL DEDUCTIONS: FEDERAL WITHHOLDING SOCIAL SECURITY (& MEDICARE) LOCAL WAGE TAX STATE INCOME TAX MANDATORY RETIREMENT HEALTH INSURANCE OTHER (SPECIFY) REASON FOR LEAVING $ varies (see attached paystubs) It, $ $ $ $ $ NET PAY PER PAY PERIOD $ OTHER INCOME: WEEK MONTH YEAR (FILL IN APPROPRIATE COLUMN) INTEREST DIVIDENDS PENSION ANNUITY SOCIAL SECURITY RENTS UNEMPLOYMENT COMP. WORKMENS COMP. IRA TIP ALIMONY (REC=D.) TOTAL INSURANCE (COVERING DEPENDENTS IN THIS CASE) HOSPITAL BLUE CROSS OTHER MEDICAL BLUE SHIELD OTHER HEALTH/ACCIDENT DISABLITY DENTAL OTHER COMPANY AND CLAIMS ADDRESS *H=HUSBAND, W?TFE, J=JOINT. C=CHILD (REQUIRED MINIMUM PROPERTY OWNED: OWNERSHIP DESCRIPTION VALUE H W J CHECKING ACCTS $ x SAVINGS ACCTS. $ - - - CREDIT UNION $ - - - STOCKBONDS $ - - - REAL ESTATE $ - - - BUSINESS $ - - - TOTAL $ COVERAGE GROUP # POLICY# H W C I VERIFY THAT THE STATEMENT MADE IN THIS INCOME AND EXPENSE STATEMENT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO PENALTIES OF IS PA-C. S. SECTION 490-4 RELATIING T \S?b'ORN FALICATI N TO AUTHORITIES. SIGNATURE DATE_ ???. (QCC nvrr- SECT'ION'lI: sCPPI_I:?IENT INCOME STATEMENT INSTRUCTIONS: IF YOU ARE SELF-EMPLOYED OR IF YOU ARE SALARIED BY .-\ BUSINESS OF WHICH YOU -ARE OWNER IN WHOLE OR IN PART, YOU MUST Al Sq FILL OUT THIS SECTION. 1. THIS FORM 1S TO BE FILLED OUT BY A PERSON (CHECK ONE) (1) WHO OPERATES A BUSINESS OR PRACTICES A PROFESSION, OR (2) WHO IS A MEMBER OF A PARTNERSHIP OR JOINT VENTURE, OR (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. 3. NAME OF BUSINESS ADDRESS TELEPHONE NUMBER (S) 4. NATURE OF BUSINESS (CHECK ONE) (1) PARTNERSHIP (2) JOINT VENTURE (3) PROFESSION (4) CLOSED CORPORATION (5) OTHER 5. NAME OF ACCOUNTANT, CONTROLLER OR OTHER PERSON IN CHARGE OF FINANCIAL RECORDS: 6. ANNUAL INCOME FROM BUSINESS: (1) HOW OFTEN IS INCOME RECEIVED? (2) GROSS INCOME PER PAY PERIOD: (3) NET INCOME PER PERIOD? (4) SPECIFIED DEDUCTIONS, IF ANY: SECTION III: EXPENSES INSTRUCTIONS: I. ONLY SHOW EXTRAORDINARY EXPENSES IN THIS SECTION, UNLESS 2. APPLIES TO YOU. 2. IF YOU ARE REQUESTING SPOUSAL SUPPORT/APL OR IF YOU ASSERT YOUR CASE CANNOT BE DETERMINED ACCORDING TO THE GUIDELINE GRIDS OR FORMULA, THIS SECTION MUST BE FULLY COMPLETED. NUMBER OF PERSONS IN HOUSEHOLD Self only MONTHLY EXPENSES HOME SELF CHILDREN MORTGAGE/RENT MAINTENANCE UTILITIES ELECTRIC GAS 175 00 OIL TELEPHONE 22 6R WATER SEWER EMPLOYMENT PUBLIC TRANSPORTATION LUNCH 100 00 TAXES REAL ESTATES PERSONAL PROPERTY INCOME INSURANCE AND AGES OF SAME EDUCATION PRIVATE SCHOOL PAROCHIAL SCHOOL COLLEGE RELIGIOUS PERSONAL CLOTHING FOOD/CLOTHING BARBER/HAIRDRESSER CREDIT PAYMENTS CREDIT CARDS CHARGE ACCOUNT MEMBERSHIPS LOANS CREDIT UNION HOMEOWNERS 6 0 . 0 AUTOMOBILE MISCELLANEOUS i0_ LIFE HOUSEHOLD HELP ACCIDENT CHILD CARE HEALTH PAPERS/BOOKS/MAGS OTHER ENTERTAINMENT AUTOMOBILE PAY TV PAYMENTS egg ?? VACATION FUEL REPAIRS/ MAINTENANCE GIFTS LEGAL FEES MEDICAL CHARITABLE CONTRIB DOCTOR . OTHER CHILD SUPPORT DENTIST 35 00 1 ALIMONY PAYMENTS 0 ORTHODONTIST ?00---- - OTHER HOSPITAL ---- MEDICINE Tax prep THERAPY SPECIAL NEEDS -- (GLASSES, BRACES , ORTHOPEDIC DEVICES, ETC.)3. QQ TOTAL EXPENSES MONTHLY EXPENSES SELF CHILDREN _ AAA & AARP 20.00 1,5 ear 200.00 FAY'S COUNTRY KITCHEN NO: 066 NAME: SANDRA D. NAILOR AMOUNT DEDUCTIONS CODE RATE HRS/UNITS 84.75 Federal WH Hourly 3.00 28.250 117.00 Soc Sec WH Rptd. Tips Mcare WH Statel WH SUI WH Locall WH DEPT: WAITRI AMOUNT 15.55 12.51 2.93 6.19 0.18 3.33 B Memo: SSN TOT DEDUCT NET PAY GROSS YTD TOT HRS GROSS PAY 40 69 44.06 1320.25 28.250 84.75 168-36-7058 EIC YTD FED YTD SOC SEC YTD MED YTD STATE YTD LOCAL YTD OTHER DED 18 19.15 40.52 21.79 0.00 98.08 81.85 8199 PRINTED IN U.S.A. PRODUCT LM113C USE WITH 9380 ENVELOPE PINEDALE BUSINESS FORMS & SYS (717) 243.8127 0202 I i FAY'S COUNTRY KITCHEN NO: 066 NAME: SANDRA D. NAILOR CODE RATE HRS/UNITS AMOUNT DEDUCTIONS Hourly 3.00 16.500 49.50 Federal WH 68.25 Soc Sec WH Rptd. Tips Mcare WH Statel WH SUI WH Locall WH Memo: GROSS YTD 1438.00 EIC YTD 0.00 B • DEPT: WAITRI AMOUNT 6.68 7.30 1.71 3.61 0.11 1.94 TOT HRS GROSS PAY SSN TOT DEDUCT 16.500 49.50 168-36-7058 21.35 FED YTD SOC SEC YTD MED YTD STATE YTD LOCAL YTD 104.76 89.15 20.86 44.13 23.73 PRODUCT LM113C USE WITH 9380 ENVELOPE PINEDALE BUSINESS FORMS &SYS (717) 243.8127 PRINTED IN USA 0213 SS' S CHECK # 00008199 PAYROLL DATE 05/18/2006 PAY PERIOD Fm: 05/07/2006 To: 05/13/2006 A =SS'S CHECK # 00008210 PAYROLL DATE 05/25/2006 PAY PERIOD Fm: 05/14/2006 To: 05/20/2006 A RECEIVEC JUN 0 2 2006 M DWO NET PAY 28.15 OTHER DED 1.29 8210 This information is being furnished to Revenue Service. If you are re the Internal quired to Its a tax return, a negligence penalty or other sanction may be imPosed on you if this Income Is OMB No. 1545 pppg you fail to report it• Is and e Control number 100(). ()6 061 '65 1 Wailes, 109, other compensation 7 Social security tips 3 Social security wages 92. oo 8 Allocated tips S Medicare wages and toe 6 75, 9:2). 60 9 Advance EIC payment ' r<? :7 . 10 Dependent caro beneryte c Employea name address, and ZIP code ATLANTIC DEVEt_0^MENT CDR,), SUITE ?Ud 1445 N ROCK ROAD WICHITA) KS 6720,, z Federal income tax ?_ Social security tax ? e Media taxer taxer-yy?a t1 N-"Md plane i 12a sae inshicffow ,r ---? 12c? o? J- 63 r?yeea socaat t (} number $ tzd e EmPblees rhsms 8-36- f r? (flrM rrhkldte InW, k+eq, 1 11 t`3y R , +?N#14 sddrsee end ZIP Cods ` 18 ew„r n.a?.s Tr F .4574 W ?I, ? ?01 to father as ?,.:; r, 1. } l.?•' ^`ijr., lrjd ,dr I'r i? ,,' `? ?C?. ?rl h... ar r.. ... `3 + 143. ' t smayw,7 ea. ops etc t> AWs.khoorua Wage and Tax 18 local wages, ryes, et. 19 Local income tax Statement :l 1'1 9 j 20 Locality narne Copy C For EMPLOYEE'S .•. • 4`?.. ?' h F' 1, ' i r .:-,.- RECORDS (Ste Notice to Employee Depanmem of the Treasury- ntamal Revenue sere on back of Copy g.j - peparbr»nt of 9fe lrseshay - Internal Revenue Amwi a 4 Control no. 1 Wages, lips, cow cape. Federal kKxww tax wWftw 398.5 190,1 ,=as OWN asaeNy vvegse 2398.5 Social security tax withheld 148.7 Medicare ""a and tips -_ Medprs tax wi9hhem 230,57 7 Emproyi rams.` a4drew, arld zip coda JT Management Inc 2 S I•Ianover St Carlisle, PA 17013 Social 1IeNRIty tiprt Nloceted tlps Advatim Etc payment 0. 0. h ors Denslip N-pimiined plea 8M ka1. tar thooi it -^ '•"'°?' • # .max i- r i *W R*Wwroow lepl Ipsny t k t a { '.r s '1;tµ kpq 1 a ?-p 218 1' f r ? • Mnw, edd1+M ?1d21p ?? ( i o ? t . tvalwr C u+nPV ho ?1P 1 r 4 d i? ti ?$h? PA1721i1 li lW [ 9 1 t _.7; 33 , , t 6 21 bill" ?' tf M i w Y t wi? ?•....?i?r? .?j..?r ?i ?.r ??4? r ? ? - i ? is ?I it 1 1 qt l`i ? t ( ion- ~ ¦ a Control number This information is being fumished to the Internal Revenue Service. If you 1545-0008 are required to file a tax return, a negligence penalty or other sanction may OMB No . be imposed on you if this income is taxable and you fail to report it. b Employer identification number (EIN) i Wages, tips, other compensation 2 Federal income tax withheld 23-2961801 5661.39 588.00 c Employer's name, address, and ZIP code 3 Social security wages 4 Social security tax withheld 5661 39 351.01 FIRST IMPRESSIONS CLEANING, INC. . 121 SUNSET BLVD. W., SUITE A 5 Medicare wages and b 5661.39 8 Medicare tax withheld 82.09 BOX 1027 P O . . CHAMBERSBURG, , PA 17201 social security tips 8 Allocated tips d Employee's social security number 9 Advance EIC payment 10 Dependent care benefits 168-36-7058 e Employee's name, address, and ZIP code 11 Nonqualified plans 12a See instructions for box 12 SANDRA D NAILOR 95 COUNTRY VIEW EST. 13 vW wr 12b NEWVILLE PA 17241 , 14 Other 12c PA - Une 5.10 a 12d C d 15 State Employer's state ID number PA # 1968-9652 ACCT 16 State wages etc. 56,? 39 17 State income tax 173 8 18 Local wages, ' etc. 66tr: 19 Local income tax 27 79 20Loca?t v name ? . ------------------------------------- ------------------------ . 1 ---------------------- 5 39 ------------------------- . ----------------------- SHIPPE ----- -------- Wage and Tax Form W=2 Statement Copy C--For EMPLOYEE'S RECORDS. (See Notice to Employee on back of Copy B.) 200-S Department of the Treasury-Intemai Revenue Service Safe, accixate, FASTI Use FORM LW2C FRANKLIN CLOTHING CO., INC. • 208 LURGAN AVE. • SHIPPENSBURG, PA 17257 rtirv¢roo CUAFEWHOURS rotA? eARNwas FEDERAL 05 W!E r 00 e?A O MME OTHER 2750 INCOME TAX 7 92 13 R E -40096 8000 28000 860 218. 56 C;URFeff tiNINGS SDUUC OTNERTAX EMPLOYEE ME INA I LOR ARAGs DETAIL158-36-70 5 W 36. 41 LO 243.59 TO DATE _5_0_40_°_4660 LOW I 1548 1 I 706 I 3856 OTHER DEDUCTIONS is rinrA-L tA?Y 5.1ag 6??.?? ,:tI e- e. nt-, - pcw t. a Control number f ? Sa e. accwsl , Visit the IRS webafle OMB No. 1545-0008 FAST! UN at www.fis. grov/eNle. b Employer Identification txrttber (Fjt4 i Wage, #Mh other COO14M dlon 2 Federal Income tax withheld c Employers Hams, address, and ZIP code 4. On 9 it ;.i-r:?/1?? l_??k??f??{???' secur y 4 3ocialsscurkytaxwithheld 5 Medicare wages and lips 8 Medicare tax withheld W'iN AVENUE 504 QQ N ' ` .! r J b U RG , F,A .17 7 Social security tips a Allocated tips d Employee's social security mrnber w 9 / dvancs EIC payment 10 . Dependent care terefka e Employee's mans, address, and ZIP code 11 NwKpmOW plena _ 12m See Instructions for box 12 k ? 13 smub- b c .? ? -LING COURT Y : a ' 'EN';BLJQG P 172 57 14 Other i2c 628 0. HLTHINa: '2d 15 state Employer's state ID number ....................... 1s Slats wages, tips, etc. -------------------- 17 State Income tax 18 Lmd wages, 14m ft 19 Local Income tax 20 Locally narm ...................... . . .................... . ----- -------------. ...------ ?Z Wage and TeX 0 ? Department of the Treasury-internal Revenue Service Form Statement Copy B---TO Be Feed With Employee's FEDERAL Tax R*Wm. This information is being furnished to the internal Revenue Service I t 2005 Client 14011-S Federal Statements Sandra D. Nailor Page 1 168-36-7058 3/13/06 07:56PM Statement 1 Form 1040 Wage Schedule Taxpayer - Employer Wages Federal W/H FICA Medi- care State W/H Local W/H First Impressions Cleaning, Inc. 5,661. 588. 351. 82. 174. 79. JT Management Inc. 2,399. 190. 149. 35. 74. 24. Atlantic Development Corp. 1,168. 73. 72. 17. 36. 19. Franklin Clothing Company 504. 47. 31. 7. 15. 7. Tip Income (4137) 193. Grand Total 9,925. 898. 603. 141. 299. 129. Form 1040 Department of the Treasury - Internal Revenue Service U.S. Individual Income Tax Return 2005 1 ( 99) IRS Use Only - Do not write or staple in this space. For the year Jan 1 - Dec 31, 2005, or other tax year beginning 2005, ending 120 OMB No. 1545.0074 Label Your first name MI Last name Your social security number (See instructions.) Sandra D. Nailor 168-36-7058 Use the If a joint return, spouse's first name MI Last name spouse's social security number IRS label. Otherwise H 192-30-0783 , please print ome address (number and street). If you have a P.O. box, see instructions. Apartment no. You must enter your or type. 95 County View Estates social security b City, town or post office. If you have a foreign address, see instructions. State num er(s) above. ZIP code Presidential Election Newville PA 17241 Checking a box below will not change your tax or refund. Campaign , Check here if you, or your spouse if filing jointly, want $3 to go to this fund? (see instructions) ............... ? El You ? Spouse Filing Status 1 Single 4 Head of household (with qualifying person). (See 2 Married filing jointly (even if only one had income) instructions.) If the qualifying person is a child but not your dependent, enter this child's Check only 3 X Married filing separately. Enter spouse's SSN above & full name here. ? one box. name here. ? Charles E. Nailor 5 n Qualifying widow(er) with dependent child (see instructions) Exemptions 6a Yourself. If someone can claim you as a dependent, do not check box 6a ........... Boxes checked on 6b . . b X Spouse .......................................................................... I N o ofachildren 1 If more than four dependents, see instructions. c Dependents: (2) Dependent's (3) Dependent's (4) if on 6c who: • social security relationship lWd qualifying number to you child for child with you . . First name Last name tax credit a did not (see instrs) live with you due to dlvon o ti r seppaara oi (see instrs) Dependents on 6c not entered aboN Add number. u r uLdr numuer or exem eons clalmecL .................................................. Income 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ................................ --- 8 a Taxable interest. Attach Schedule B if required ............................ . ............ b Tax-exempt interest. Do not include on line 8a ............. 8b Attach Form(s) 9 a Ordinary dividends. Attach Schedule B if required ...................................... W-1 here. Also attach Forms b Oualfd divs (see instrs) ................................................. 9b W-2G and 1099-R 10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions) ...................... if tax was withheld. 11 Alimony received ..................................................................... If you did not 12 Business income or (loss). Attach Schedule C or C-EZ ................................. get a W-2, 13 Capital gain or (loss). Aft Sch D if reqd. If not reqd, ck here .......................... ? 11 see instructions. 14 Other gains or (losses). Attach Form 4797 ............................................. . 15 a IRA distributions .......... 15a b Taxable amount (see instrs). . 16 a Pensions and annuities.... 16a b Taxable amount (see instrs).. 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . Enclose, but do 18 Farm income or (loss). Attach Schedule F ............. not attach, any payment. Also 19 ................................ Unemployment compensation ......................................................... , please use 20a Social security benefits 20a ? ? l ? b Taxable amount (see instrs). . Form 10404 21 Other income Net 0 eratin Loss Carr over 22 _ Add the amounts in the far right column for lines 7 through 21. This is our total income ? Adjusted 23 24 Educator expenses (see instructions) ...................... C 23 ..... Gross ertain business expenses of reservists, performing artists, and fee-basis ff government o icials. Attach Form 2106 or 2106-EZ ................... 24 Income 25 Health savings account deduction. Attach Form 8889....... 25 26 Moving expenses. Attach Form 3903 ....................... 26 27 One-half of self-employment tax. Attach Schedule SE ...... 27 69. 28 Self-employed SEP, SIMPLE, and qualified plans .......... 28 29 Self-employed health insurance deduction (see instructions) ............. 29 30 Penalty on early withdrawal of savings ..................... 30 31 a Alimony paid b Recipient's SSN.... ? . 31 a 32 IRA deduction (see instructions) ........................... 32 33 Student loan interest deduction (see instructions)........... 33 34 Tuition and fees deduction (see instructions) ............... 34 35 Domestic production activities deduction. Attach Form 8903 ............. 35 36 Add lines 23-31aand 32-35 ........................................ 37 ...................... Subtract line 36 from line 22. This is our adjusted gross income ................... ? BAA For Disclosure, P . rivacy Act, and Paperwork Reduction Act Notice, see instructions. FDIA0112L 11/07/01° 9a 10 abovW-. .. e e. 9,925. 4,672. -4,237. 69. Form 1040 (2005) Form 1040 2005 Sandra D. Nailor 168-36-7058 Page 2 Tax and 38 Amount from line 37 (adjusted gross income) .......................................... 38 11 259. Credits 39a Check I H You were born before January 2, 1941, 8 Blind. Total boxes if: Spouse was born before January 2, 1941, Blind. checked ? 39a Standard b If our spouse itemizes on a separate return, or you were a dual-status Y Deduction for - L alien, see instructions and check here ..................................... 01 39b E] 0 People who 40 Itemized deductions (from Schedule A) or your standard deduction (see left margin) ..................... 40 5,000. checked any box 41 Subtract line 40 from line 38 .......................................................... 41 6,259. line 39a or 39b or who can 42 If line 38 is over $109,475, or you provided housing to a person displaced by Hurricane Katrina, see be 39 instructions. Otherwise multiply y claimed as a $3,200 b the total number of exemptions tions b claimed on line 6d ................ 42 3,200. dependent, see 43 Taxable income. Subtract line 42 from line 41. instructions. If line 42 is more than line 41, enter -0- ................... .............................. 43 3,059. 44 Tax (see instrs). Check if any tax is from: a Form(s) 8814 b n Form 4972 ........................ 44 308. All others: 45 Alternative minimum tax (see instructions). Attach Form 6251 ........................... 45 0. Single or Married 46 Add lines 44 and 45 ............................................................... ? 46 308. $5,000 separately, 47 Foreign tax credit. Attach Form 1116 if required ............ 47 48 Credit for child and dependent care expenses. Attach Form 2441.......... 48 jointly eorlling 49 Credit for the elderly or the disabled. Attach Schedule R.... 49 Qualfying 50 Education credits. Attach Form 8863 ....................... 50 widow(er), $10,000 51 Retirement savings contributions credit. Attach Form 8880.. 51 52 Child tax credit (see instructions). Attach Form 8901 if required.......... 52 Head of household, 53 Adoption credit. Attach Form 8839 ......................... 53 $7,300 54 Credits from: a ? Form 8396 b ? Form 8859 ................ 54 55 Other credits. Check applicable box(es): a n Form 3800 b [] Form c Form 55 56 Add lines 47 through 55. These are your total credits ................................... 56 57 Subtract line 56 from line 46. If line 56 is more than line 46, enter -0 ................. ? 57 308. 58 Self-employment tax. Attach Schedule SE ...................................................... 58 137. Other 59 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 .................. 59 15. Taxes 60 Additional tax on IRAs, other qualified retirement plans, etc. Attach Form 5329 if required ................... 60 61 Advance earned income credit payments from Form(s) W-2 ............................. 61 62 Household employment taxes. Attach Schedule H ...................................... 62 63 Add lines 57-62. This is our total tax ...................................................... ? 63 460. Payments 64 Federal income tax withheld from Forms W-2 and 1099..... 64 898. If you have a 65 2005 estimated tax payments and amount applied from 2004 return ....... 65 qualifying 66a Earned income credit (EIC) ............................... 66a child, attach b Nontaxable combat pay election..... ? 66b Schedule EIC. 67 Excess social security and tier 1 RRTA tax withheld (see instructions)...... 67 68 Additional child tax credit. Attach Form 8812 ............... 68 69 Amount paid with request for extension to file (see instructions 69 70 Payments from: a E]Form 2439 b E]Form 4136 c Form 8885 70 71 Add lines 64, 65, 66a, and 67 through 70. These are your total payments ............. ? 71 898. Refund 72 If line 71 is more than line 63, subtract line 63 from line 71. This is the amount you overpaid ................ 72 438. Direct deposit? 73a Amount of line 72 you want refunded to you ........................................ ? 73a 438. See instructions ? b Routing number........ XXXXXXXXXX ? c Type: Checking Savings and fill in 73b, ? d Account number....... . 73c, and 73d. 74 Amount of line 72 you want applied to our 2006 estimated tax ....... ? 74 Amount 75 Amount you owe. Subtract line 71 from line 63. For details on how to pay, see instructions .............. ? 75 You Owe 76 Estimated tax penal see instructions 76 K,S;n x Third Party Do you want to allow another person to discuss this return with the IRS (see instructions)? .......... X Yes. Complete the following. No Designee's ? Phone Personal identification Designee name Preparer no ? number (PIN) ? SI Under penalties penury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and 9n belief, they are true correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Here Your signature Joint return? 111' Date Your occupation Daytime phone number See instructions. 1121earting/Server Keep a copy Spouse's signature. If a joint return, both must sign. Date Spouse's occupation K. -. for your records. Paid signatures Bradley A. Mentzer Date CPA 3/ 13/06 Preparer's SSN or PTIN Check if self-employed 1159-58-8973 Preparer's Firm's name Mentzer & Company, P.C. Use Only selfe;pIyed>) 35 E. High Street Suite 104 EIN 23-2937028 address, and ZIP code Carlisle PA 17013 Phone no. (717) 249-6327 Form 1040(2005) FDIA0112L 11/07/05 SCHEDULE C-EZ Net Profit From Business (Form 1040) (Sole Proprietorship) ? Partnerships, joint ventures, etc, must file Form 1065 or 1065-13. Department of the Treasury Internal Revenue Service ? Attach to Form 1040 or 1041. b- See instructions. OMB No. 1545-0074 2005 ue ce No. 09A Name of proprietor Social security number (SSN) Sandra D. Nailor 1168-36-7058 P _T_' General Information • Had business expenses of $5,000 You May Use or less. Schedule C-EZ Instead of • Use the cash method of accounting. Schedule C • Did not have an inventor at an Only If You: y y time during the year. And Y ou: • Did not have a net loss from our y business. • Had only one business as either a sole proprietor or statutory employee. • Had no employees during the year. • Are not required to file Form 4562, Depreciation and Amortization, for this business. See the instructions for Schedule C, line 13, to find out if you must file. • Do not deduct expenses for busi- ness use of your home. • Do not have prior year unallowed passive activity losses from this business. A Principal business or profession, including product or service B Enter code from instructions Cleaning ? 561720 C Business name. If no separate business name, leave blank. D Employer ID number (EIN), if any E Business address (including suite or room number). Address not required if same as on Form 1040, page 1. City, town or post office, state, and ZIP code P tt 11 ''w.': Figure Your Net Profit 1 Gross receipts. Caution. If this income was reported to you on Form W-2 and the 'Statutory employee' box on that form was checked, see Statutory Employees in the instructions for Schedule C, line 1, and check here ........................................................... b. ? 1 2 796. 2 Total expenses (see instructions). If more than $5,000, you must use Schedule C .......................... 2 1,828. 3 Net profit. Subtract line 2 from line 1. If less than zero, you must use Schedule C. Enter on Form 1040, line 12, and also on Schedule SE, line 2. (Statutory employees do not report this amount on Schedule SE, line 2. Estates and trusts, enter on Form 1041, line 3 ..................................................... 3 968. PiR N- Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 2. 4 When did you place your vehicle in service for business purposes? (month, day, year) ? 5 Of the total number of miles you drove your vehicle during 2005, enter the number of miles you used your vehicle for: a Business - - - - - - - - - - b Commuting (see instructions) c Other ---------- ---------- 6 Do you (or your spouse) have another vehicle available for personal use? ..................................... F] Yes F] No 7 Was your vehicle available for personal use during off-duty hours? ............................................ F] Yes F] No 8a Do you have evidence to support your deductionZ ........................................................... [] Yes No b If 'Yes,' is the evidence written? .......................... F] Yes n No BAA For Paperwork Reduction Act Notice, see instructions. Schedule C-EZ (Form 1040) 2005 FDIA8301L 11/14/05 Schedule SE (Form 1040 2005 Attachment Sequence No. 17 Page 2 Name of person with self-employment income (as shown on Form 1040) Social security number of person Sandra D. Nailor with self-employment income ? 168-36-7058 Section B - Long Schedule SE A 1 Self-Employment Tax Note. If your only income subject to self-employment tax is church employee income, skip lines 1 through 4b. E line 5a In f i f nter - 0- on line 4c and go to . come rom serv ces you per ormed as a minister or a member of a religious order is not church employee income. S ee ins tructions. A If you are a minister, member of a religious order, or Christian Science practitioner and you filed Form 4361 , but you had $400 or more of other net earnings from self-employment, check here and continue with Part I ................. ..... .............. ? 1 Net farm profit or (loss) from Schedule F, line 36, and farm partnerships, Schedule K-1 (Form 1065), box 14 code A Note Skip this line if ou use the f r ti l h d i , . . y a m op ona met o (see nstructions) ..................... 1 2 Net profit or (loss) from Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065), box 14, code A (other than farming); and Schedule K-1 (Form 1065-B), box 9. Ministers and members of religious orders, see instructions for amounts to report on this line. See instructions for other income to report. Note. Skip this line if you use the nonfarm optional method (see instructions) ............................. 2 968. 3 Combine lines 1 and 2 ................................................................................ 3 968. 4a If line 3 is more than zero, multiply line 3 by 92.35% (.9235). Otherwise, enter amount from line 3......... 4a 894. b If you elect one or both of the optional methods, enter the total of lines 15 and 17 here ................... 4b c Combine lines 4a and 4b. If less than $400, stop; you do not owe self-employment tax Exception If less than $400 and ? ou had h h l i . . y c urc emp oyee ncome, enter -0- and continue........ 4c 894. 5a Enter your church employee income from Form W-2. See the instructions for definition of ch h l i urc emp oyee ncome ................................... 5a b Multiply line 5a by 92.35% (.9235). If less than $100, enter -0- ................. .......... 5b 0. 6 Net earnings from self-employment. Add lines 4c and 5b ............................................... 6 894. 7 Maximum amount of combined wages and self-employment earnings subject to social security tax or the 6 2% ti f th 7 65 . por on o e . % railroad retirement tier 1) tax for 2005 .................................... 7 90,000. 8a Total social security wages and tips (total of boxes 3 and 7 on Form(s) W-2) and railroad retirement (tier 1) compensation. If $90,000 or more, skip lines 8b through 10, and go to line 11 ........................................... 8a 9,732. b Unreported tips subject to social security tax (from Form 4137, line 9)........ 8b 193. c Add lines 8a and 8b .................................................................................. 8c 9,925. 9 Subtract line 8c from line 7. If zero or less, enter -0- here and on line 10 and go to line 11 ............. ? 9 8-0,075. 10 Multiply the smaller of line 6 or line 9 by 12.4% (.124) .................................................. 10 111. 11 Multiply line 6 by 2.9% (.029) .......................................................................... 11 26. 12 Self-employment tax. Add lines 10 and 11. Enter here and on Form 1040, line 58 ......................... 12 137. 13 Deduction for one-half of self-employment tax. Multiply line 12 by 50% (.5). Ent th lt h 1 . % er e resu ere and on Form 1040, line 27 ............................. 13 6 9 . Part ll Optional Methods To Figure Net Earnings (see instructions) Farm Optional Method. You may use this method only if (a) your gross farm income(1) was not more than $2,400 or (b) your net farm profits(2) were less than $1,7333. 14 Maximum income for optional methods ................................................................. 14 1,600. 15 Enter the smaller of: two-thirds (2/3) of gross farm income(1) (not less than zero) or $1 600. Also , , include this amount on line 4b above ................................................................... 15 Nonfarm Optional Method. You may use this method only if (a) your net nonfarm profits(3) were less than $1,733 and also less than 72.189% of your gross nonfarm income(4) and (b) you had net earnings from self-employment of at least $400 in 2 of the prior 3 years. Caution. You may use this method no more than five times. 16 Subtract line 15 from line 14 ........................................................................... 16 17 Enter the smaller of: two-thirds (2/3) of gross nonfarm income(4) (not less than zero) or the amount on 1 line 16. Also include this amount on line 4b above ...................................................... 17 (1) From Schedule F, line 11, and Schedule K-1 (Form 1065), (3) From Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 box 14 code B , . (Form 1065), box 14, code A; and Schedule K-1 (Form 1065-13), box 9. (2) From Schedule F, line 36, and Schedule K-1 (Form 1065), (4) From Schedule C, line 7; Schedule C-EZ, line 1; Schedule K-1 box 14 code A , . (Form 1065), box 14, code C; and Schedule K-1 (Form 1065-B), box 9. BAA FDIA1102L 04/29/05 Schedule SE (Form 1040) 2005 Form 4137 Department of the Treasury internal Revpn.. Servi- Social Security and Medicare Tax on Unreported Tip Income See instructions. Attach to Form 1040. OMB No. 1545-0074 2005 Attachment Sequence No. 24 Name of person who received tips (as shown on Form 1040). If married, complete a separate Form 4137 for each spouse with unreported tips. Social security number Sandra D. Nailor 1168-36-7058 Name(s) of employer(s) to whom you were required to, but did not, report your tips: Atlantic Dev_el2piqent Corp _ _ _ _ _ _ _ - ------------------------------------------ 1 Total cash and charge tips you received in 2005 (see instructions) ......................................... 1 193. 2 Total cash and charge tips you reported to your employer in 2005 ......................................... 2 3 Subtract line 2 from line 1. This amount is income you must include in the total on Form 1040, line 7........ 3 193. 4 Cash and charge tips you received but did not report to your employer because the total was less than $20 in a calendar month (see instructions) .......................................................... 4 5 Unreported tips subject to Medicare tax. Subtract line 4 from line 3. Enter here and on line 2 of Schedule U below ...................................................................................... 5 193. 6 Maximum amount of wages (including tips) subject to social security tax....... 6 90,000. 7 Total social security wages and social security tips (total of boxes 3 and 7 on Form(s) W-2) or railroad retirement (tier 1) com ensati n 7 9 7 p o ..................... , 32. 8 Subtract line 7 from line 6. If line 7 is more than line 6, enter -0- here and on line 9 and go to line 11........ 8 80,268. 9 Unreported tips subject to social security tax. Enter the smaller of line 5 or line 8 here and l on line 1 of Schedu e U below. If you received tips as a federal, state, or local government employee, see instructions .............................................................................. 9 193. 10 Multiply line 9 by .062 .................................................................................. 10 12. 11 Multiply line 5 by .0145 ................................................................................. 11 3. 12 Add lines 10 and 11. Enter the result here and on Form 1040, line 59 ................................... ? 12 15. For Paperwork Reduction Act Notice, see separate instructions. Form 4137 (2005) -------------------------------------------------------------------- Do Not Detach SCHEDULE U U.S. Schedule of Unreported Tip Income (Form 1040) 2005 Department of the Treasury Internal Revenue Service For crediting to your social security record Note: The amounts you report below are for your social security record. This record is used to figure any benefits, based on your earnings, payable to you and your dependents or your survivors. Fill in each item accurately and completely. Print or type name of person who received tip income (as shown on Form 1040) Social security number Sandra D. Nailor 1168-36-7058 Address (number and street, or P.O. box if mail is not delivered to your home) Apartment no. Occupation 95 Country View Estates Cleaning/Server City, town or post office State ZIP code Newville PA 17241 1 Unreported tips subject to social security tax. Enter the amount from line 9 (Form 4137) above........... ? 1 193. 2 Unreported tips subject to Medicare tax. Enter the amount from line 5 (Form 4137) above ? 2 193. Please do not write in this space DLN- t3AA FDIA4001L 12/12/05 Schedule U (Form 1040) 2005 RECEIVED JUL 13 ?nob IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CHARLES EDWARD NAILOR NO. 04-720 19 MOTION FOR APPOINTMENT OF MASTER SANDRA D. NAILOR . (Plaintiff) MMOMER), moves the court to appoint a master with respect to the following claims: (1C) Divorce (1? Distribution of Property ( ) Annulment () Support (7i) Alimony ()9 Counsel Fees ( ) Alimony Pendente Lite (1) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The defendant (has) (hamoo*appeared in the action #(by his attomey, FRANCES DEL DUCA .Esquire). (3) The statutory ground(s) for divorce (is) 3301(d), 2 year separation (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following Claims' None (c) The action is contested with respect to the following claims: prnnerty distribution. alimonv, costs, counsel fees and expenses (5) The action # u¢skma)C(does not involve) complex issues of law or fact. (6) The hearing is expected to take 1 ? (days). (7) Additional information, if any, relevant to the motion: Date: Jennifer L. Spears,Aftoizeyfor RD POINTIN1A And now 200 l Esquire, Is appointed master wi espect to the following claims: - -1 0 W CUMBERLAND-73 y r: h% J L - 3 T r I". -7 EDW SANDRA D. NAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 720 CIVIL CHARLES EDWARD NAILOR, Defendant IN DIVORCE ORDER OF COURT AND NOW, this Al M day of , 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated May 15, 2007, 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, Q „ 1 G1 Edgar B. Bayley, P.J. cc /nnifer L. Spears Attorney for Plaintiff /tacy B. Wolf Attorney for Defendant J co CID P7 _.W . F: MLES\DATAFILE\GeneraRCurrent\1137 W\11371.3. msa. wpd Created: 7/30/04 9:12AM Revised: 5/15/07 2:51PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA D. NAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES EDWARD NAILOR, Defendant NO. 04-720 CIVIL CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this I S day of May, 2007, by and between Charles E. Nailor, of Newville, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and Sandra D. Nailor, of Newville, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on October 30, 1965 in Cumberland County, Pennsylvania; WHEREAS, all children born of the marriage of the parties are adults; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or 1 5 maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on February 18, 2004, 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 express their intent 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 2 distribution of property of the parties are accepted by each party as a 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 of 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, whether or not either or both of the parties shall remarry. 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. 4. 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. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer ofproperty, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Jennifer L. Spears, Esquire, counsel for Wife and Stacy B. Wolf, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his 4 or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: 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 in 5 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. By these presents, each of the parties 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. 12. DIVISION OF REAL PROPERTY: The marital residence was sold in 2006, the proceeds from the sale of which are in escrow, to be divided 55% to Wife, 45% to Husband, after the satisfaction of the deficiency from the sale of the motor home. The motor home was repossessed in 2005 and there is a deficiency of approximately $58,000. The amount in escrow is approximately $129,000. 13. BANKACCOUNTS CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 15. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 6 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2007. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. SPOUSAL SUPPORT/ APL/ ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with 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 or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. Further, Wife agrees to terminate the current APL order as of May 31, 2007. 19. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Wife has no 7 retirement assets of her own. Husband's Pennsylvania State Employee Retirement System pension is in pay status, and the parties will split the monthly amount (which is currently approximately $1,360.00) equally (50150). From June 1, 2007 until such time as Wife begins receiving her half of the pension payments directly from PA SERS, Husband shall pay to Wife one-half of his monthly pension payment within five (5) days of receiving it. Wife shall be responsible for the cost of the preparation for a Qualified Domestic Relations Order. Husband agrees to keep Wife as his sole designated survivor beneficiary on his SERS pension. 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 21. HEALTH INSURANCE: As of the date of divorce, each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: if either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 9 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 32. 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. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. 4%w WIT E S WITNE It Z? (SEAL) f'; Z?olr, e, A (SEAL) 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS On this, ?s day of , 2007 before me a Notary Public, personally appeared Sandra D. Nailor, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand an ficial seal. Notary Public .JMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County My commission expires December 20, 2010 COMMONWEALTH OF PENNSYLVANIA . SS COUNTY OF CUMBERLAND On this, the /S day of *41 , 2007 before me, a Notary Public, personally appeared Charles E. Nailor, known to to be the person whose name is subscribed to the within Marriage Settlement Agreement and a owledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my CC,IVAIONWEALTH OF PENNSYLVANIA Notarial Seel N*wC. wolf, NawFd0o camb em, Cuntmoi d *CWndesion E,dm. MWAW, Pennsylvania AssoclatIM Of II F: \FILES\DATAFILE\General\Current\ 11371 \3111371.3. consents Revised: 5/15/07 3:02PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA D. NAILOR, Plaintiff V. CHARLES EDWARD NAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-720 CIVIL CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 18, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: .J UMe 1, Sandra D. Nailor, Plaintiff G c -vt C-- e r ` ?`?' '? c.n Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA D. NAILOR, Plaintiff V. CHARLES EDWARD NAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-720 CIVIL CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(dd) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Z Sandra D. Nailor, Plaintiff Cl c v STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT SANDRA D. NAILOR, Plaintiff V. CHARLES E. NAILOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004-720 DIVORCE : CIVIL ACTION - LAW DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 18, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of filing and service of the complaint. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. ?? / ?? `? 2007 e CHARLES E. NAI OR C e? r -OLD mt., -+ 4C? --4 M: -n STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT SANDRA D. NAILOR, Plaintiff V. CHARLES E. NAILOR, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004-720 DIVORCE CIVIL ACTION - LAW 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. t, Date: CHARLES E. NAIL C Pn 'tJ =rt ro cn C F.T1LES\General\Current\11371',3\1 1371.1msa-add.wpd Created: 9,20,01 0 06PM or Revised- 5.2'_-07 2 .56PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA D. NAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES EDWARD NAILOR, Defendant NO. 04-720 CIVIL CIVIL ACTION - LAW IN DIVORCE ADDENDUM TO MARITAL SETTLEMENT AGREEMENT THIS ADDENDUM TO MARITAL SETTLEMENT AGREEMENT, made this L11- -day of ?)K_ , 2007, by and between Charles E. Nailor, of Newville, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and Sandra D. Nailor, of Newville, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, Husband and Wife entered into a Marital Settlement Agreement dated May 15, 2007; and WHEREAS, Husband and Wife desire to amend said Agreement by adding this Addendum thereto regarding the monies held in escrow at American Home Bank and the deficiency debt owed to Thor Credit Corporation. NOW, THEREFORE, the parties hereto in consideration ofthe mutuallymade and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: 1. The undersigned parties agree that the following shall be added to Paragraph 12 of the Agreement: c i As of May 15, 2007, the balance in escrow account at American Home Bank is $129,784.01. The motor home was voluntarily repossessed in May of 2005. The last payment made on the account for the motor home was March 7, 2005, according to the document attached hereto as Exhibit "A." The motor home was sold after repossession on or about June 10, 2005. A deficiency in the amount of $58,349.31 remains, pursuant to the document attached hereto as Exhibit "B." The parties and their counsel have tried numerous time to contact Thor Credit Corporation to make arrangements to satisfy the deficiency, either at a negotiated amount or $58,349.31, but have been unable to communicate directly with the appropriate agents for Thor Credit Corp. Therefore, the parties have decided to leave $58,349.31 in the escrow account with American Home Bank until they receive further contact from Thor Credit Corp., or until May, 2009, when the statute of limitations on the potential breach of contract action with Thor would expire. If the parties are able to withdraw all of the money in May, 2009, or part of it prior to that time (if the debt were negotiated down to a lower amount and satisfied) the money will be divided between the parties 55% to Wife and 45% to Husband. 2. In all other respects the agreement as originally signed and initialed by the parties is unchanged. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. WITNES Sandra D. Nailo Charles E. Nailor Zr." TRADE FINAMC IAL: Formerly known as Ganis Credit Corporation, Deutsche Financial Services THOR CREDIT CORPORATION, AN E*TRADE BANK COMPANY Todays Date: May 9, 2005 Qw--w?us? Mfn?s*rnn• S4TRADE Consumer Finance Corporation P.O. Box 57091, Irvine, CA 92619 Tolephone: 877.440-6042, EXTN. 7961 Facsimile: 949.224-7614 Hector Del Aquila, Senior Collection Specialist email: hectordslaauila&etrrade.c2M F.V.. V AY¦ Name SANDRA NAILOR Account #: Address 416 GREENSPRING RD NEWVILLE PA 17241 Employer Occupation: Home Ph # Work Ph #: Soc Sec #; Cn_Anrrnwar InMrmatlen Name CHARLES NAILOR Soc sees: Address _ Employer Occupation: Home Ph #: Work Ph M Collateral Information Year: 1999 Make: HOLIDAY RAMBLER Model: DISCOVERY MOTORHOME 36' Serial # 4UZ6XFBC9WCA87824 Lic/Doc# Engine Boat Trailer: Trlr Vin# Engine #: Dealer Name: Dealer Address: Account Information Balance: Mo. Pymnt: Amt Past Due: ~'! Due Date: 3/27/2005 Date Last Paid: 3/7/2005 j Repossession Instructions: VOL REPO. CALL TO ARRANGE REPO. CALL TO ARRANGE PICK UP 717-440-4836 Please fax condition reports and fees to Hector 949-224.7814 Assign to: NORTHEAST MARINE LIQUIDATION, INC. Fax Phone #: 860-688-0192 Phone #: 860-599-0123 i _ You are authorized and directed to repossess the unit herein above described, it is understood that you will act as an independent contractor in making such repossession and that E"TRADE Consumer Finance Corporation reserves no right to control of direct the manner in which you pefform any service for E*TRADE Consumer Finance Corporation. The time, manner and method of performance of any of such services shall be determined solely by you. E*TRADE Consumer Finance Corporation relies upon your representations and warranty that you are fully familiar with the requirements of the federal and any state debt collection practices statutes. All services performed shall be in strict compliance with the provisions of these statutes. We will pay your usual fees and expenses for services performed in this connection and will notify you immediately if settlement is made by us so that repossession will not be carried out. This contract is made on condition that you agree to protect and save E*TRADE Consumer Finance Corporation harmless from any and all liabll'ty of every kind and nature Imposed or sought to be imposed upon It is a result of any action taken by you or any of your agents, with the exception that E*TRADE Consumer Finance Corporation hereby warrants it is the lienholder of, and entitled to immediate possession of the above described collateral. Your performance of any services hereunder shall constitute you acceptance and approval of the above terms and conditions. Date: May 9, 2005 Assigned By: Hector Del Aguila E"TRADE Consumer Finance Corporation EXHIBIT "A" A W N y? .C , C? M? J r Lit p it O - a C = n t n z y 3 C p ? 3 J t _ v t 3 N O +7 73 O ' S' ' ? iD ? C C Jf A ? b ? O F ?+ 4y . i s C _?N a to 'v N N m S Q . . 1 rm 6 w 03 ,1 om' a .u r n w 3 m ' n 03 ro ? ee ? c ga G O ? C) i ^ O $i Q c _ N n c' w o?i N O C CD c -0 OR 0- ? G. G tt no cb ? ?y -? 3N m A r tD D O C O.. N Cab N_ ffl '? y? Qj ? C7 !+ s J cA CP Cb O -J C) m ?J Cl. o 0 C-.., ce 9i ?- L ?t EXHIBI'? B COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND On this, day of , 2007, before me a Notary Public, personally appeared Charles E. Nailor, know o met a the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand P fficial seal. ?-a?S? Not blic -6 n, f lofgryr (? EJOsylvania As ^:M:: soclatlon of Nodes COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND On this, the j_! day of 2007, before me, a Notary Public, personally appeared Sandra D. Nailor, me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ;hand4`o-1 f icial seal. G t??.'?o Notary Public 11 "UNWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County My commission expires December 20, 2010 c> G o t° C ; -n . n = , v Ci, F: \F1LES\Genera)\Current\1137113\ 1 1371.3.pra I Revised: 6/4107 9.50AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SANDRA D. NAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-720 CIVIL CIVIL ACTION - LAW CHARLES EDWARD NAILOR, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Via certified mail, restricted delivery on February 25, 2004, Affidavit of Service filed. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; June 1, 2007 ; by the Defendant; May 29, 2007. 4. Related claims pending: All claims have been resolved by a Marital Settlement Agreement dated May 15, 2007, and Addendum to Marital Settlement Agreement dated June 1, 2007. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 4, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 4, 2007. MART O LAW OFFICES By _ ? OX 0)/0 Jennie L. Spears, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 4, 2007 Attorneys for Plaintiff rTI t _x r-1 r C F 7 -,p w ? SANDRA D. NAILOR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 04-720 CIVIL TERM CHARLES E. NAILOR, IN DIVORCE Defendant PACSES Case No: 749106212 ORDER OF COURT AND NOW to wit, this 6th day of June 2007, it is hereby Ordered that pursuant to the parties' Marital Settlement Agreement, the Alimony Pendente Lite order is terminated, effective May 31, 2007. There is a remaining balance of $477.66 that is to be paid in full on or before June 29, 2007. BY THE COURT: Kevi . Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Jennifer L. Spears, Esq. Stacy B. Wolf Esq. Form OE-001 Service Type: M Worker: 21005 =r rt Cl? y r a. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SANDRA D. NAILOR Plaintiff VERSUS CHARLES EDWARD NAILOR Defendant DECREE IN DIVORCE No. 04-720 AND NOW, 1?? , ZLco7 , IT IS ORDERED AND DECREED THAT SANDRA D. NAILOR , PLAINTIFF, AND CHARLES EDWARD NAILOR , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated May 15, 2007, and Addendum to Marital Settlement Agreement dated June 1, 2007, are incoporated herein by reference but are not merged into this Decree. BY THE OURT: ATTE T: J. / - ROTHONOTARY ,; ? /-? /I V? -0- /? - 17 -,%- Ao? ,i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sandra D. Nailor Plaintiff CIVIL ACTION - LAW VS. IN DIVORCE Charles Edward Nailor NO. 04-720 Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of , the parties, Sandra D. Nailor, Plaintiff and Charles Edward Nailor, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Charles Edward Nailor (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is February 16, 1940, and his Social Security number is 192-30- 0783. 4. The Plaintiff, Sandra D. Nailor (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is July 23, 1944, and her Social Security number is 168-36-7058. 5. Member's last known mailing address is: 20 Stamey Road, Apt. B Newville, PA 17241 6. Alternate Payee's current mailing address is: 95 Countryview Estates Newville, PA 17241 DRO Page 2 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee is entitled to a portion of the Member's benefits under the Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. The Member is currently receiving a monthly annuity for his lifetime pursuant to the terms of Option 3. The parties acknowledge that the Member's retirement option election is final and irrevocable. 9. The Alternate Payee is awarded 50% of the Member's gross monthly annuity together with the Option 3 survivor annuity. The Alternate Payee shall receive 50% of any scheduled or ad hoc increase that is applied to Member's gross monthly annuity. 10. Payments to the Alternate Payee shall commence as soon as administratively feasible on or about the date SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement. 11. Payments shall continue to Alternate Payee for the remainder of the Member's lifetime. 12. If the Member dies before the Alternate Payee, the Alternate Payee shall be provided a survivor benefit in accordance with Option 3 elected by the Member upon his retirement. Member reaffirms his selection of Alternate Payee as his survivor annuitant and waives his right to select a new survivor annuitant by reason of his divorce from the Alternate Payee. 13. If the Alternate Payee dies before the Member, the Alternate Payee's share of the member's pension shall be paid to her estate. 14. Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the DRO Page 3 authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be named as the survivor annuitant under Option 3. 15. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 16. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefits not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 17. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 18. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 19. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 20. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon DRO Page 4 SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. Plaintiff/Alternate Payee kw/? Atto tor Plaintiff/Alternate Payee BY THE COURT Defendant/Member Attorney for efendantlMem ('~i fw°a l.? ?"? M7? ?__.... '"7? i??! 1 '? (' ;;.. ?_~ ._. .. •` :?'? 7 U? / JUN 212007.*? / COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sandra D. Nailor Plaintiff CIVIL ACTION - LAW VS. IN DIVORCE Charles Edward Nailor NO. 04-720 Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 9 r day of dw-r , a20a 7 , the parties, Sandra D. Nailor, Plaintiff and Charles Edward Nailor, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Charles Edward Nailor (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is February 16, 1940, and his Social Security number is 192-30- 0783. 4. The Plaintiff, Sandra D. Nailor (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is July 23, 1944, and her Social Security number is 168-36-7058. 5. Member's last known mailing address is: 20 Stamey Road, Apt. B Newville, PA 17241 6. Alternate Payee's current mailing address is: 95 Countryview Estates Newville, PA 17241 ?a "jj p r_iE nalil X3 4 y r y? I! EV 0 1 -lfIf LOOZ