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Home My WebLink About04-0902 WILLIAM C. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: ?)t/- 1t1~ tuJ SUZANNE DAGGS, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, PA. 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 CARLISLE PA 17013 (717) 249-3166 WILLIAM C. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: SUZANNE DAGGS, Defendant IN DIVORCE COMPLAINT UNDER ~3301(dl OF THE DIVORCE CODE 1. Plaintiff is WILLIAM C. DAGGS, who currently resides at 128-F Hilldale Drive, Ephrata, County of Lancaster, Pennsylvania, since 2000. 2. Defendant is SUZANNE DAGGS, who currently resides at 205 Conodoguinet Avenue, Apartment 7, Camp Hill, County of Cumberland, Pennsylvania, since 2001. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on May 16, 1964, in Harrisburg, County of Dauphin, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Neither party is a member of the Armed Forces of the United States of America or any of its allies. 9. Plaintiff requests the court to enter a decree of divorce. 1 verify that the statements made in this Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 9 4904 rela' g to unsworn falsification to authorities. WILLIAM C. D PLAINTIFF Date: JA/o'T ~?4 CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PAl 7111 (717) 561-1939 ATIORNEY FOR PLAINTIFF WILLIAM C. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: SUZANNE DAGGS, Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER !!i3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on December 4, 1997, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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 490.'~1Jatin to n,wom fohm,atioo to anthoriti,,_ Lu WlJt o/fJ- PLAINTIFF Date: J~.)/a '/ WILLIAM C. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: SUZANNE DAGGS. Defendant IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE I, Plaintiff herein, do hereby depose and say that I am advised and believe that the above named Defendant is not presently in the active military service of the United States of America and I aver that the Defendant is not a member of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and is not an officer of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor is Defendant engaged in any military or Navy units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service; nor has Defendant, to the best of my knowledge, enlisted in the military service covered by this act. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. 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 t nsworn falsification to aufu::~, y [ c r DATE WILLI M C. D PLAINTIFF ,~ " ~. ~ ~ ~ ~ ~ ~ ~ ~ '\ '\ ~ ~ 0-.. '% '\ '" ~ ~ \ ~ "-' ~\ \ \ ~ ....,:. r:~, ' j~'? f--" ;." ,. c; C- ~::~ -< ....., = 4.:J .~ ~ .....,... ;00 I W ~ C> .'----.)1 -q ~ f"li~ -D~ iD\=:J _-)I~ :I!~~ :,'.;r'! Si'~ \.0 o .-<. WILLIAM C. DAGGS, PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-902 CIVIL TERM SUZANNE DAGGS, DEFENDANT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 WILLIAM C. DAGGS, PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-902 CIVIL TERM SUZANNE DAGGS, DEFENDANT IN DIVORCE ANSWER TO DIVORCE COMPLAINT AND COUNTERCLAIM AND NOW, comes Suzanne Daggs, who answers the Divorce Complaint filed by the Plaintiff under Section 330l(d) of the Divorce Code, as follows: 1. Admitted upon information and belief. 2. Admitted; however, Suzanne Daggs has resided at the stated address since 1998. 3. Admitted. 4. Admitted. 5. A prior action for divorce filed in York County has been withdrawn at the consent ofthe parties. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. WHEREFORE, Defendant requests this Honorable Court to enter a Decree in Divorce after resolution ofthe economic claims raised in her Counterclaim which follows herein. COUNTERCLAIM SUZANNE DAGGS V. WILLIAM C. DAGGS COUNT I INDIGNITIES 10. The responses to Paragraphs 1 through 9 are incorporated herein by reference as if set forth in their full text. 11. Defendant, Suzanne Daggs, desires a divorce based upon the fact that Plaintiff, William C. Daggs, has offered such indignities to the person ofthe Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and this action is not collusive. WHEREFORE, Defendant, Suzanne Daggs, respectfully requests that this Honorable Court enter a decree in divorce. COUNT II ALIMONY. ALIMONY PENDENTE LITE. AND COUNSEL FEES 12. The responses to Paragraphs 1 through 9 and the allegations in Paragraphs 10 and 11 are incorporated herein by reference as if set forth in their full text. 13. Defendant, Suzanne Daggs, is unable to provide for, or afford her counsel fees, expenses and costs during the pendency ofthis divorce action, and through its resolution. 14. Defendant, Suzanne Daggs, is without sufficient property and otherwise unable to financially support herself. 15. Plaintiff, William C. Daggs, is presently employed and receiving substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for Defendant, Suzanne Daggs. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite for Defendant. Respectfully Submitted, \1.. Y1AJ>d1&\)\ ~ L-\ Date Q\-?Ye ~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer to Divorce Complaint and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. h7//A el-, II;Jco t./ Date r I su~~ CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer and Counterclaim upon Plaintiff by depositing same in the United States Mail, first class, postage pre- paid on the t ITh day of vu.~ '" , 2004, from New Cumberland, Pennsylvania, addressed as follows: . Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, P A 17111 Attorney for William C. Daggs, Plaintiff . r-;;2} (V W ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Defendant ~1 ...... -c:: ~ ~ I.J ~ ..J - "I<l. .t ~ .0 () :hQ P:-u _ ('l rr :0 .~ -': o c; '" 2:5 0 ..t;,- l1 ;::;: ::;:' ~; f;~ :n r- -ofT1 en .uo C' . c;S9 >,~ :n ~~~5 ,~~ eli"I"! ~ ;::-l .,:-:H --~ -( >-,. <.oJ :~J .< WILLIAM C. DAGGS, PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-902 CIVIL TERM SUZANNE DAGGS, DEFENDANT IN DIVORCE DEFENDANT'S COUNTERAFFIDA VIT UNDER SECTION 3301(0) OF THE DIVORCE CODE l. Check either (a) or (b) X (a) I do not oppose entry of a divorce decree. __(b) I oppose the entry of a divorce decree because (Check (i), (ii) or hoth): __(i) The parties to this action have not lived separate and apart for a period of at \east two years. (ii) The man-iage is not in-ctrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims [or economic relief. 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. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. VERIFICATION I verify that the statements made in this Counteraffidavit are true and con-eel. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .JiIfiN;/~ /~dep( Date J~/ k~ Z E DAGGS CERTIFICATE OF SERVICE I hereby certifY that I served a true and correct copy of the foregoing Counteraffidavit upon Plaintiff by depositing same in the United States Mail, first class, postage pre-paid on the 12th day of March, 2004, from New Cumberland, Pennsylvania, addressed as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 1711 I ~?)~ ~ ROBERT P. KLINE, ESQUIRE 7 I 4 Bridge Street Post Office Box 46 I New Cumberland, PAl 7070-0461 (717) 770-2540 Attorney for Defendant (") ......, ,0 c...:;:t C~ ~ -n ',' :-r: ::j J-',," fhp :>'0 -nrn :,;')0 c:;-. OC\~, ..~J -=;" ~ ~~ :,;."] C) r:':' 2_~')rn .-4 -, ,.J r. -<', WILLIAM C. DAGGS, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 04-902 CIVIL SUZANNE DAGGS, Defendant IN CUSTODY ACCEPTANCEOFSER~CE I hereby accept service of the NOTICE TO DEFEND AND CLAIM RIGHTS, COMPLAINT UNDER SECTION 3301(d), NOTICE and AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE, and MILITARY-AFFIDAVIT, on behalf of the Defendant, SUZANNE DAGGS. I certify that I am authorized to do so. Service was made on the ~ day of WlMC.H ,2004, by U.S. First Class Mail, Postage Prepaid. Q y)4J< ROBERT P. KLINE, ESQUIRE ATTORNEY FOR DEFENDANT KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070 r-.:> (::::.... C:;) ,:.- c1' -'! w~~ ........ n1;::::-,~ ""D \11 ::,:~ly ~~~ ~-l "'--."" ~ en -0 ~, . ~~' J-- '--j' .:...< '. WILLIAM C. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 0,,\- '>to).. SUZANNE DAGGS, Defendant IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT 1. a) Marital assets: See Inventory of William C. Daggs b) Non-marital assets; See Inventory of William C. Daggs 2. Expert witnesses; None 3. Witnesses; William C. Daggs 4. Exhibits: None 5. Income: See Income and Expenses statement of William C. Daggs 6. Expense statement: See Income and Expenses statement of William C. Daggs 7. Pension/Retirement benefits: See Inventory of William C. Daggs 8. Counsel fees: $8,000.00 to Attorney for Plaintiff 9. Disputed personal property; See Inventory of William C. Daggs 10. Marital debt: See Inventory of William C. Daggs 11. Proposed resolution of economic issues; A. Each party retains the personal property currently in his or her possession. B. Each party retains full ownership of all interest in retirement, pension plans, and IRAs. C. The present spousal support is terminated. Respectfully submitted, ~/r..d ( ~( / ./':::?.-----"O CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG PA 17111 (717) 561-1939 ATTORNEY FOR PLAINTIFF ~ -; -::\ "" ~::::::<;>~ ~ . &\. ~ J:::> :p.~ol' 3 I> . ~ .(;' o 9...:) ~ 0 ::> 0 T ~ -----< WILLIAM C. DAGGS, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. SUZANNE DAGGS, Defendant NUMBER: 01.{ -'tal IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT 1. a) Marital assets: See Inventory of William C. Daggs b) Non-marital assets; See Inventory of William C. Daggs 2. Expert witnesses; None 3. Witnesses; William C. Daggs 4. Exhibits; None 5. Income; See Income and Expenses statement of William C. Daggs 6. Expense statement: See Income and Expenses statement of William C. Daggs 7. Pension/Retirement benefits; See Inventory of William C. Daggs 8. Counsel fees: $8,000.00 to Attorney for Plaintiff 9. Disputed personal property; See Inventory of William C. Daggs 10. Marital debt: See Inventory of William C. Daggs 11. Proposed resolution of economic issues: A. Each party retains the personal property currently in his or her possession. B. Each party retains full ownership of all interest in retirement, pension plans, and IRAs. C. The present spousal support is terminated. Respectfully submitted, ~~; /~ CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG PA 17111 (717) 561-1939 ATTORNEY FOR PLAINTIFF .-, c':::) G~'.) .::- -r-"'" ~;) \ CI' , ~\ .-\ .~~~~ :;:;~'-? ~)lt~) .~.~ ~ ;:~~:.~ ~A '--.)\. -- - ..,.... -"J .~--;.- o <..P WILLIAM C. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 04-902 CIVIL TERM SUZANNE DAGGS, Defendant IN DIVORCE CASE SUMMARY PLAINTIFF NAME: William Charles Daggs ADDRESS: 128-F Hill Dale Drive HOW LONG AT RESIDENCE: 5 + years SOCIAL SECURITY NUMBER: 523-52-3740 DATE OF BIRTH: May 30, 1942 EMPLOYED BY: AFS, Inc. POSITION: Technical Consultant SALARY: $50,000.00 DEFENDANT NAME: Suzanne Daggs ADDRESS: 205 Conodoguinet Avenue, Apt. 7, Camp Hill, PA 17011 HOW LONG AT RESIDENCE: Five + years SOCIAL SECURITY NUMBER: 192-34-6932 DATE OF BIRTH: Williams - Sonoma, Camp Hill, PA EMPLOYED BY: Unknown POSITION: Unknown SALARY: Unknown CHILDREN: Adults NAME: John, Steven & Allyson Daggs SOCIAL SECURITY NUMBER: NjA DATE OF BIRTH: NjA DATE OF MARRIAGE: May 16,1964 PLACE OF MARRIAGE: Harrisburg, Pennsylvania DATE OF SEPARATION: April, 1998 c :2: .:.;! r--> C'::::t C7.:> --- "'" 8 I cro o -n .-1 :r:-n [11-- ::"8 ()/J.. ~".J :';..,.' " ~:~~}~ ..1 ];..~ : :~J -.< C"J .r.;. WILLIAM C. DAGGS, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 04-902 CIVIL TERM SUZANNE DAGGS, Defendant IN DIVORCE THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME AND EXPENSE STATEMENT OF WILLIAM C. DAGGS I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the pena1tl of 1&pa..C.S. 94904 relating to unsworn falsification to authorities. ~~ Dated: l _ LAM C. D~ GS, PLAINTIFF Plaintiff INCOME Employer: AFS Inc. Address: 123 Summit Drive, Exton, PA 19341 Type of Work: Technical Consultant Payroll Number: 5179 Pay Period (weekly, biweekly, etc.): Semi-monthly Gross Pay per Period: $2156.00 (See attached copy of paystub) Itemized Payroll Deductions Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) PA Unemployment Disabilitv Insurance Spousal Support (Year - 2001) $400.00 $166.00 $22.00 $67.00 Net Pay per Period: Other Income: None $7.00 $38.50 $2.00 $1.50 $289.00 $1163.00 Week Month Year (Fill in Appropriate Column) Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compo Worker's Compo Total TOTAL INCOME: Bi-weekly Monthly $2.326.00 Home Mortgagejrent Maintenance Utilities Electric Gas Oil Telephone Water Sewer Employment Public Transportation Lunch Taxes Real Estate Personal Property Income Insurance Homeowners Automobile Other (Renters) Automobile Payments Fuel Repairs Medical Doctor Hospital Medicine Special Needs (glasses, braces, orthopedic devices) EXPENSES Week Month Year (Fill in Appropriate Column) $585.00 NjA $95.00 NjA NjA $63.00 $8.00 NjA $30.00 $70.00 NjA $1.00 NjA NjA $190.00 NjA $299.00 $150.00 $35.00 $20.00 NjA $60.00 NjA Education Private School Parochial School College Religious Personal Clothing Food Barber / hairdresser Credit Payments Credit card Charge Account Memberships Loans Credit Union Cigarettes $0.00 $140.00 $10.00 $0.00 $400,00 $0.00 $0.00 $0.00 $0.00 $100,,00 Miscellaneous Household help Child care Papers / books / Magazines En tertainmen t Pay TV Vacation Gifts Legal fees Charitable Contributions $70.ClO Other Spousal support Alimony payments $578.00 Total Expenses $2326.00 PROPERTY OWNED Ownership* Description Value H W J Checking accounts Savings accounts Credit Union Stocks / bonds Real estate Other -- TOTAL VALUE $~~ INSURANCE Coverage* Company Policy No. H W C Hospital Amerihealth 08661 X Medical Amerihealth 08861 X Health/ Accident Amerihealth 08861 X Disability Income Worker's Comp X Dental Amerihealth 08661 X * H=Husband; W=Wife; J=Joint; C=Child SUPPLEMENTAL INCOME STATEMENT (a) This form is 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. (c) Name of business: Address and Telephone Number: (d) Nature of business (check one) +-+ +-+( 1) partnership +-+ +-+(2) joint venture +-+ +-+(3) profession +-+ +-+(4) closed corporation +-+ +-+(5) other (e) Name of accountant, controller or other person in charge of financial records: (f) Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: . . . . AFS 123 SUMMIT DRIVE EXTON. PA 19341 CHECK 1<<); CHECK DATE: PERIOO EfrI)INQ: PAY FREQUENCY: A041839 04/15/04 04/15/0-4 SEMIMONTHL Y WilliAM C DAGGS 128 F Hill DALE OR EPHRATA,PA 17522 ID NUMBER: 0706005179 FED: BASE RATE: 2156.25 $T1: SSN:523~52-3740 $T2: aIAIllI .EmEJ: SINGLE 00 00 TAY An IIISTt.tENTS FED: $ 30.00 ST: DI/UC: LOCAL: STATI= AN) I nc.:AI crnl=A PAl: PA lOC1:~ LOC3: SEe: lOC2: L0C4:WT toca: IMPORTANT MESSAGE HOURS AND EARNINGS TAXES AND DEDUCTIONS SPECIAL INFORMATION CURRENT Y-T-D CURRENT Y-T-D REGULAR 81.25 2156.25 568.75 14802.07 SO SEC TAX 134.51 940.73 AC BALANCE .00 RETROACTIVE 291.68 MEDICARE TAlt 31.46 220.01 I CI< BALANCE ,00 FED tNe TAX 399.85 2798.95 ER BALANCE ,00 PRI-STATE fl\)( B5,02 455.12 ROUPTERM LI F 51.81 SDI/UC TAX 1.94 13.56 TD GROUPTERM LIF 348.81 PRI-LOCAL flOC 21.56 1$0.92 D-DATE HELATH-EMPEE 269.50 LOCAL 4 TAX 10.00 -DATE STDISABILITY 10.SO O-DATE ADDTL LIFE 50.40 I I I roT TAXES 54.34 4589,29 I , , PA DU 288.99 2022.93 I LONG TERM DIS 2.50 17.50 I STDISABILIT'r' 1.50 10.50 I ADDTL LIFE 7.20 50.40 I I I TOTAL H E 81.25 2158.25 568.75 15093.75 J HELATH-EMPEE 38.50- 289, I 2 ,QC 1138.2~ ,QC TOTAL PRE-TAX 38.50- 269.50- ----------------------------------------------.-------------- ---------------------------------- TO AL 81. PER ED 300.19 .. . 101.33 Y-T-D 115093.75 269.50- 14824.25 4588.29 2101.33 8133.63 TAL CURRENT NET PAY 1183.2~ Detach at perforatton below and keepfc)r your records. A payroll Service By Cer~dlan Statement Of Earnings AFS 123 SUMMIT DRIVE EXTON. PA 19341 FP2 DATE: 04-15-()4 CHECK NO: A041839 YOUR ENTIRE NET PAY HAS ElEEN DEPOSITED iN YOUR BANK ACCOUNnSF PLEASE REVIEW THE "CURRENT NET PAY DISTRI.BUTlON" SECTION OF YOUR STATEMENT O~ EARNINGS FOR DETAILS, WILLIAM C DAGGS 128 F HILL DALE DR EPHRATA.PA 17522 NOT NEGOTIABLE i:I,.".IM:IItl:ll.. :1,,"".1';11' 1:l~uii;;.l~,i','(;'I~I~~t]I.~'.I~.~ JiM Hi "llll; I'.~II.' Ibil:li ~:'; k:l..,{.)r~~ifi~tr\'I';;~;l.I'~4~', :1~:J.~ ~~fr."~ ~';;:~UI.,:>. Tvour Estimated Benefits To qualify for benefits, you earn "credits" through your We can't pnlVide your actua1 benefit amount until you work - up to four each year. This year, for example, you apply for benefits. ADd that.. .... JDII,Y.....lium tile earn one credit for each $900 of wages or self-employment -oil .~.......... --- income. When you've earned $3,600, you've earned your (1) Your earnings may increase or decrease in the future. four credits for the year. Most people need 40 credits, (2) Your estimated benefits are based on current law. earned over their working lifetime, to receive retirement 11ae law ~_l" IIenefIt amounts 11III,1I cllaDge.* benefits. For disability and survivors benefits, young people (3) Your benefit amount may be affected by military need fewer credits to be eligible. HrVIce, l'IillnNld emplo"meat OJ' peIllIlona eanaell We checked your records to see whether you have earned ~ -m on which JOII dl. DOt ..., SocIal enough credits to qualify for benefits. If you haven't Securl\r taL VfIlt _ IOd.diH_1I1"'lIi\._ '",1 J. .It earned enough yet to qualify for any type of benefit, we to _ wlIether 3/UlII' SocIal Secarity _eftt amouat can't give you a benefit estimate now. If you continue wUllle affecletL to work, we'll give you a benefit estimate when you do qualify. Generally, estimates for older workers are more accurate What we _--' - If you have enough work credits, than those for younger workers because they're based on a we estimated your benefit amounts using your average longer earnings history with fewer uncertainties such as earnings over your working lifetime. For 2004 and later earnings fluctuations and future law changes. (up to retirement age), we assumed you'll continue to These estimates are in today's dollars. After youstut receiving work and make about the same as you did in 2002 or 2003. benefits, they will be adjusted for cost-of-living increases. We also included credits we assumed you earned last year and this year. ... *Retirement You have earned enough credits to qualifY for benefit,. At your current earnings rate, if you stop working and start receiving benefits... At age 62, your payment would be about. . . . . . . . . . .. . . . . . , .. . . . . .. . . , . ... $ 1,233 a month If you continue working until. . . your full retirement age (65 and 10 months), your payment would be about. $ 1,652 a month age 70, your payment would be about. . , , . , . , , . , . . . . . , . . , . . . . . . . . . . . .. $ 2.190 a month ... *Dlsabllity You have earned enough credits to qualifY for benefits, If you become disabled right now,.. Your payment would be about, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,618 a month ... *Famlly If you get retirement or disability benefits, your spouse and children also may qualifY for benefits. ... *Survh,ors You have earned enough credits for your family to receive the following benefits if you die this year. Your child. . . . . . . . . . . . . .. . .. .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. .. $ Your spouse who is caring for your child. . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . $ Your spouse who reaches full retirement age. . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ Total family benefits cannot be more than. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,220 a month 1,220 a month 1,627 a month 2,849 a month Your spouse or minor child may be eligible for a special one-time death benefit of $255. ... MedIcare You have earned enough credits to qualifY for Medicare at age 65. Even if you do not retire at age 65, be sure to contact Social Security three months before your 65th birthday to enroll in Medicare. *Your estimated benefits are based on current law. Congress has made changes to the law In the past and can do so at any time. The law governIng benefit amounts may change because, by 2042, the payroll talIes collected will be enough to pay only about 73 pettent of scheduled benefits. We based your benefit estimates on these facts: Your name. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. William C. Daggs Your date of birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . May 30, 1942 Your estimated taxable earnings per year after 2003 . . . . . . . . . . . . $50.376 Your Social Security number (only the last four digits are shown to help prevent identity theft) . . . . . . . . . . . . XXX-XX-3740 2 ,.., r-'" c:::;> ...- ;..... C:.: G; I Cl' .,t !':: o -n .-4 :r: ., rnr~;: -'n~,D :(j~) 0(:) ::~:-t.l ':,~1(-';) -',\.(n ~i . I~:" "::Si, C~) t..:> WILLIAM C. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 04-902 Civil Term Defendant IN DIVORCE INVENTORY OF WILLIAM C. DAGGS Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 8 4904 relating to unsworn falsification to authorities. """' DATED: ,h, \~t I~ )I~ rv --44 ~ --..J S, PLAINTIFF ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. ( ) 1. Real property ( ) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer / director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/ award ( ) 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) () 22. Military/VA benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held- (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other persona as of the date this action was commenced: ltem Number Description of Property Names of All Owners 19. Individual Retirement Accounts Principal Financial Group Approximately $19,000/1997 Joint/ Held by Suzanne Daggs 25. Household furnishings (See attached list) Estimated value $61,235.00 Estimated value $2,030.00 Joint Held by Suzanne Held by William NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ltem Number Description of Property Reason for Exclusion PROPERTY TRANSFERRED Item Number Description Date of of Property Transfer Consid- eration Person to Whom Transferred 1. House 8/99 $99,000.00 (See attached settlement sheet) Sold Real Estate LIABILITIES Description of Property Names of All Creditors Names of All Debtors Item Number All joint debts paid out of proceeds from sale of real estate. Household Goods Minus What Suzanne Removed from the House Prior to 1/1/1998 (Approximately $20,OOO-Worth of Collectible Items) Camcorder 500 knick knacks Eight-foot Christmas tree with ail the trimmings Additional Christmas decorations Splatterware Cast iron cookware Copper cookware Glass lamps Jeilo molds Antique step stool Barrel Coilectible baskets 1940s operating radio Antique bread basket Longaberger stair basket Antique tinware Antique glassware Big Phaltzgraph pieces Utensils Fiestaware dishes (new) Pistol-handle flatware Assorted pottery pieces Armatel pewter selVing pieces Antique plates Banjo clock Regulator pendulum clock Antique table Oak dough table Ruggeri original watercolor painting Five antique lamps Sofa and love seat set Velvet swivel rocker Saltglaze pottery Huge copper pot Santa Clause coilection Snow Babies collection Miniature oak highback chair Big rustic oak corner cupboard Two-foot tail nutcracker 100 Framed pictures Antique table Antique tins Iron bed Complete antique refinished oak bedroom set Antique teacup and saucer sets Page 1 of 2 $200 $2,500 $500 $500 $500 $50 $100 $250 $50 $50 $20 $100 $50 $20 $100 $300 $500 $200 $200 $200 $300 $1,000 $1,000 $500 $150 $100 $100 $500 $750 $250 $200 $200 $1,000 $200 $2,000 $2,000 $125 $100 $100 $200 $100 $200 $200 $1,000 $1,000 6/24/04 Household Goods Minus What Suzanne Removed from the House Prior to 1/1/1998 (Approximately $20,OOO-Worth of Collectible Items) Jewelry (tons) (individual pieces averaging $50 each) (pieces Bill bought for Suzanne ranged from $100 to $1,100) Rolltop trunk Antique metalware Antique tinware Pottery pieces Antique ironing board Antique lamp Total: Items That Belonged to Suzanne (Inherited) Refinished oak furniture Antique Nippon Azalea dishes Friendly Village china Shelving units Total: Items That Bill Has Five-piece antique pine bedroom set Antique pine desk Hutch Three bookcases Pans, silverware, plates 150 steins 36 signs Two lamps Personal items- clothes, watches, and pictures Total: Page 2 of 2 $20,000 $100 $1,000 $250 $100 $20 $100 $41 ,235 $4,400 $5,000 $1,480 $1,400 $12,280 $400 $100 $100 $50 $40 $750 $200 $40 $350 $2,030 6/24/04 Household items from separation were moved to my apartffil~nt 8/98. Items Clothes, watches, shoes, and personal grooming items Pine bedroom set- 30 years old - full bed, 2 dressers, mirror, 2 bedside tables, and desk. 3 - 30 in. Pine bookcases- bought a garage sale -$25 each 2 Pine booth benches- Bought for $50 2 small oak chairs- bought for $40 2 office side chairs, from my office ] 30 year old Pine hutch and top 2 wall clocks, 1 shore painting- Bought for $25 2 car pictures 3 table lamps 2 TV s, 1 was broken 1 large treadmill Left over used dishes, flat wear, glasses, pan Assorted beer signs (36), bar items, and steins (150) Assorted older Christmas ornaments and 1 electric train Items valued, total, at $2030.00, Schedule C, Bankruptcy, 3/99 All items, except bedroom set, were in the lower level family room (video). All items, except the treadmill, are still in my possession. vMS NO. 250i-O~65 ,r AND URBAN DEVeLOPMENT I;.~OF LOAN 1. [ J FHA 2. [ ]. F..HA 3. [X] Conv. Un; s. ~ FILE NUHBER J7' LOAN NUHBER 4. [ J VA S, [ ] Conv. In'. L.- 98-400 1510601 C. Nore:This forM is furnished tOo give you II statement of aetuIl -;~ttt.m.nt t;a.9tu. AmounU pil!ltd to and by the uttLement aget\t 8r~ shown. Items lIIall"ked n (POC] If Wl!re poid outsid. tt'l~ etoHing; they lIr..hown here for informational purpoaU and ere not ;nclurled in tho total.. ' S.O 11)-96 (9/98-400) D. NAME AND ADDRESS OF RO~ROIiER E. NAHE ANO ADDRESS OF SELLER IF. NAHE AND ADDRESS OF LENDER o8vid J. st8i~er i:'Ind ~1ll1.m C. Oagg& and Cendil!!lnt l10rtgage corporation Judith A, Staiger Su~ann. Daggs 6000 ATRIU~ WAY MT LAUREL. NJ 08054 G:- PROPE~TDciCAT~-..------k SETTLEMENT AGENT .-----~. SETTLEHENT DATE 77 Plo...nt View Ter-ac. I CENTRAL PENN SETTL,MENT SERVICES, INC. II New cumberlend. PA 11070 I Soptember 15, 1998 Ynrl( county. P~nnsytvan'e 'PLACE OF SElTLEHEN'r ~ I 4309 L1ngl.sto~n Road I I Harrioburg, PA 17112 I J. SUHHARY OF BORROWER'S TRANSACTION r.~o~s AMOUNT.]UE F~oH aORROwER 1... Contract ~.~_lel pri ce . '1 93 1e2. PersonAiP'r~n.rtv ,------ .Q3......2..tlt tl!rtlt.nt, Cheroes to !;'or-rower '~1t'l.t.1400 I 16., '.1JlL _.___._u .-.--,___.._. 105. . I .., Adhu:tmenU t9.r ,1.tl!MS Dsid by, ~tllll.r in Br)v...nr.!lI 06. ~'W'.Town Ti!!I)(es . 09-15-98 to 01-Q.1"~ L. ,1Qz....... ".-:t'lool Tall;~!i 09...15-98_tp 07...01-99 +- ~tessmentEi to f-- 1O'J...s.llU..<12::.1,. 98 to' ',0-01 9~__ .+_..... m~--=--=-~~-- ---~=-===--~- 412. 120. ORO'S AHOUNT DUE FROH BORROWER ---cr;0,320.39 420. GROSS AHOUNT DUE TO SELLER 98 55 . 496. B37.05 . 407 A 15 PAUl BY OR.. IN "'-HALF OF B9~... ~t Qf. earneEit money ,.d.' _ .r:...iru;'ln"l AmOUl"lt o.t. NAU lOan(a). ".,~.. 88.350.00 )(;~tina laan(s) Jaken Subiect t~ ZQL~- -~----~. -- ~ 206. .. 1 ...- ._-- ...~__n' ------r TotAL PAID BY/FOR BORROWER ~A~" AT SETTLEHENT FROH/TO BORROWER Gron Amt Due from Borrower 'L ;ne 120) 92,350.00 110,320.39 92,350.00) fhe :;I:RRQ:.jt:;F: B. MORTGAGE INS CASE NUMBER K. SUMMARY OF SelLER'S TRANSACTION T nUl! :0 SEll FR o . S ~. per.onel pt^n*rtv 9 4 AdhHifMAl'ltJ for .1tAms oaid bY C;tv/To~n-Iaxes 09.-15-98 to 01- - School_I..a.l!.CL-. 09..15-98 to 07-()1-99 SB& to ..~~~-9B 5. ~-- 93,955.43 .IN AHOutn 0111" TO SELLER 5 . e 1 ; ~O] SettL8~~~t (heroes t ~ ::::::~~~:'::i~:'.'~ AdiustmtrltJ for itllmA unDaid by. r .~ 5~CitvlTown Taxes to =====:=j .L to .I to II I, i .----\ J 15,592.46 -; 51 es m n 51 lS...- 16. 5 c;;hed bH ls S19. 520. 600. 601. 602. 603. 275.1 TOTAL REDUCTioN AMOUHT DUE SELLER CASH AT SETTLEMENT TO(FROH SELLER Gross Amount Due to Seller (line 420) Less Rtduct;o Du. Seller (lin. 520) "LER tt hments rtTerr~ to htr*in, 93,955.43 I 68,275.13 . pages KUD-l (3 RESPA, ~8 4305." SETTLEMeNT STA.EHENT ~AGe 2 :'---r-'~-- - -1-' 2;~:2~ ] .1 OS? 17 ," 16,364.96 I ./ /- / L. S~TTLEHENT CHARGES .;.;.-- ~ " d p' . : 700. Total Sol.,/Brokor. tn.. ..,onl .... on r,CI > , .et ~e!!!!!!i~;i;'n (l;ne 7001 e. follow&: ~n1 j 2.81~ aD tn AeMBX,RA.ltv ".ociat., 7n' !t ~IOO to coldv6ll RIInker WomeU.te Servi.u.rL- ~ CommiRsion ~1ri at ~~ttlement 704. ~ ITEHS PAYABl E IN CONNECTION. ULTH LOAlL-_ AM. . lna1i2n..fH-- Yo tn rB02. --'-;:-~;:';I\1~t;ount 'L to An a.~n:r;~1 ~ tfl HomfllR/IIla HorTa.ae ~ftrv;CeR 80 ~ to Home"l; Hortaage sarv; cee ~n I. InsDer.t1on FeA TO An nn~ft~ Pre~ Fee to HOMes_lit Mo~taad. Serviee. 807 Pro~.~~;nQ F~_ to ~ome!alft Horta~A Serv1css ~ ~ .Mo'rtoaoe..~. to """Ilnuet!! Mort9~1II !!ll!!:rv~t':.~ ~~J:"1.1 -(~'" '~ Tax service _'_ "_n._~.Dd.llnt Mortal!loe CorDol"lItlon ." 811. Flood certification to cendlnt Mortg.ge corporation ~900. ITEH.S REQUIRED BY LENDER TO BE PAIP IN.ADVANCE -- 7,:;'.02::.12.098 to 02-'10-98 ~t 17 210ooo/00v( 16 do';'---:-~.:':~ ~. Mo e 1 Au~snce fremiulIl far months to . ------i------- E: _~.lIr_nCt p~_mium .1~: 1.0~i~ ---=====--=t== / ..s PAID FROM BORROWER1S _~~~~S ~:.. S -. ---' PI I'M --;<i\ M ---- 7 22.50 276 nor i ;2.50 ""17<0'. ,.. on IJo 16 ,- -172.81 I UtTH LENDI!!A 1]~1 ~::::o~:a~~. _ . . A.ul!ssmet'\ts ~.-- --~. WIlL.. -- --. --.-.- 1008. ;,( HARGES _ 11 1 . bur~ement FfJ~ to Central Penn settlement SVGti. tnc 111'_ !;'"nrUl..l1AiLJu ~r..lL Penn s.ttlemll['lt' !.erv;tu.lnc.~ 1 T;tlt~~ation to 11 F-- to ReM~~ Reeltv Associ~~.s 11 . t!OCUIlll!lt'lt l'reosr'"tion --' .,to ReMIJ'Ii' Realtv Asaoc;1ates :11 "CA - - ;.~ C;nf~Al Penn Settl~M.nt s~~v;ees. Tne 11 . Attornev's Fe.. .12.--. (includes abov" Hem J'I\lmbe~5' r 1108_ Titl.. Tn/ilura to Centrlll Penn 5ettl6l1lan't Serv.icl!!l!l. Cinc.ludes above item t'loumbers: 100 ~OO.R 1 ~,-- 11nQ 1."''''I)r.IS CoveraQe $ Sa.350 00 .._._.__ 110 OwnB~'rllUC--,\ 93.noo 00 1 oF"" . _ _ .to Financial Tru~t Co. 111' hvn<ft_.. _~, __ to PNC RAI'lIc.. NA 1113. Payoff to Noto-vaticn, Inc. ~ NJ.~eCOAO]NG AND TRANS~ER CHARG~S 1ZQ1...---.Bttcord;na~.J~..d S Z9 00 :"n~tCl.ae i 37.M 'Aele.!lllu S 1202. Citv/CDun~~~amDs: need S 930.00 :Hor'~8Qe $ ~'Ute Tu/...UWIll2" .-D..t..td...-.l._ 930.nn :Mot't:e1.C1e S ,1Z2h-~-~ ~... 1205. to Edward R. Cobl. l'OO. AOJllll2MAl. .s.E1l....~.NT tHARGES . .-.' 11 Turv.;-:!--- to -, . D_.d' rn!lDectt~_.__,~'t'l1'I Ped __ _....__llilrmite ~l .Sewer. . ' tD Fllirv;ew Sewer Autn. 19~a school ~. . to Pa~ GD~don. T C 1305. 1400. TOTAL SETTLEMENT CHARGES (Entar On Line. 103, S..\ioo J .nd 502, S.ction t:) 3.000 months ~ S mon"tha .JL 8.000 months ~ S 4 000 .0nthL.....iL$ S.OOO months ~, rnonth!\ QI S months @ S 11 SO Ol!r month 57.1.1 r'Jer mnnt:h 21.98 Del" month 91. liO Del" l\\Oftth 5. n Del' Jlpnth Del" MOnth eel" month .__1=_ .d ~ ""~:~ 5,782.94 I ..l.- Ine .-L-__- 3 ---~- 71054-13768 . -:=1 ~~ Garb_s. 8 Tr..~ 1.0. PAlO FROM SELLER'S '~~~~~"~~T .~ i ~ I , I l I , 15 SO .! I 1;t~J I 930.0lL 100.00 Gy ~1gnl~g pAge 1 o~ thi3 s~at@m.nt, the signatories BCKhowledgl! ted copy 01 page 2 of this 2 page otatement. 8,1n.'32 co",," Q~ (9/98-400) certi11eo to be ! true copy CENTRAL PENN SETTLeMENT SERVltES, INC. Sf!ttlellleht Agent It /lllllENlIUM '):1:) BUD ]. ITEMS TO BE PAID BY CHECK AT SJ3:rnEMENT 11m FOLLOWING BlLl.S SHOULP BE PAID BY CHECK FROM JOINT PROCEEDS AT SETILE1\1ENT: I. IRS 1990 TAXES 2. IRS 1996 TAXES- $4868.]0 $1046.38 TOTAL $5914.68 PA VAHLE TO lRS, PO BOX 8669, PHIL. PA,19IGZ-8669 3. OVERDUE PERS TAXES 1988-1996 $2259.75 PA Y AnLE TO STATEWIDE TAX RECOVERY INC.., pO BOX '/52 SUNBURY. PA, 17801 ~ 4. IRS 1997TAXES WM DAGGS $]3:1<(00 ~ PAYABLE TO IRS, POBOX 8669. PHIL, PA, 19162-8669 1 5. RENOVATION AND TRASH REMOVAL $2826.00 PAYABLE TO MR. PAT ROTH, NEW CUMBERLAND. PA TOTAL PAYABLE $I:.\J17.-43 /I 000 'I ':) / ~ ALL OF THE ABOVF. ARE JOINT RESPONSIBILITiES AND WILL HE SHARED EQUALL Y. . THE lillMAINING PROCEEDS WILL HE DIVIDED EQUALLY WITH TWO CHECKS PllliPAI{ED; ONE FOR SUZANNE DAGGS AND ONE fOR WILL.lAM DAGGS. ldL Co ~1N/ P ^ ) / L l! (,,0 fA.) (1; 3 ~ 1. ::( J., II () 0 1. ,}> I ~ "_~ ~q{J, L{f.,; f I. ('! I ) -'" " " ,..., (',:~.;) 5;2 o ''1, '-4 I-n rn"~.~ - ' 0'8' ::'1 ' @,~J :")tn "., .~> .i.J -< "'" (~ C'.') , en a w WILLIAM e. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN]A v. : NO. 04-902 CIVIL TERM CIVIL ACTION - LAW SUZANNE DAGGS, Defendant IN DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT PURSUANT TO RULE 1920.33(B) 1. Personal Data: A. Husband's Date of Birth: May 30,1942 B. e. D. Wife's Date of Birth: December 27, 1944 May 16,1964 April 1998 Date of Marriage: Date of Separation: 2. List of Marital Assets: A. Marital residence at 77 Pleasant View Terrace, New Cumberland, Pennsylvania; sold in September 1998 B. Independent retirement account in the name of Wife; value as of December 31,1997 - $9,112.21; current value (9/14/04), including post-separation contributions by Wife - $14,664.88. e. Vehicles: I) ]987 Mercury Topaz titled in the name of Wife; nominal value (traded in since separation); 2) 1997 Chrysler titled in the name of Husband; nominal value; and 3) Dodge station wagon titled in name of Husband; nominal value. D. ]) Household personal property in possession of Plaintiff Husband, approximate value $20,320.00; 2) Household personal property in possession of Defendant Wife, approximate value $9,986.00 (marital $3,17] .00; non-marital $6,815.00). (See attached inventory) 3. Experts TestifYing: None at this time. 4. All Other Testimonv bv Witnesses: Suzanne Daggs and William C. Daggs 5. Exhibits: To be determined 6. Gross Income of the Parties: A. Husband's gross income: 2004 estimated - $50,750.00 B. Wifels gross income: 2004 - $26,134.80 2003 - $24,819.70 7. Counsel Fees: Incurred to date $1,250.00; anticipated through trial $5,250.00. Counsel fees paid to prior attorney(s) by Wife is unknown at this time and in the process of being compiled, and will be provided when the information becomes available. 8. Any Disputed Items: Divorce on the grounds of indignities (adultery), alimony, alimony pendente lite and counsel fees 9. Marital Debts: None 10. Proposed Resolution: Divorce, with each party keeping all property presently in its possession, and with alimony set at the current amount of spousal support which is $569.67 per month, and 50% of unreimbursed medical expenses incurred by Wife, and Defendant's counsel fees to be paid by Plaintiff. Respectfully Submitted, )S !+tl-....\ '2.c;O~ Date ~V~~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Defendant CERTIFICATE OF SERVICE 1 hereby certifY that I served a true and correct copy of the Pretrial Statement of Plaintiff Pursuant to Rule 1920.33(B), upon Plaintiff, by depositing same in the United States Mail, first class, postage pre-paid on the 15th day of April, 2005, from New Cumberland, Pennsylvania, addressed as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, P A ] 7111 Attorney for William C. Daggs ~y~ ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-046] (717) 770-2540 Attorney for Defendant INVENTORY PROPERTY LEFT IN POSSESSION OF HUSBAND AT TIME OF SEPARATION Description Washer and dryer Bookcase Outdoor grill, picnic table and chairs Shop vac Antique sewing machine Antique china closet (her mother's, was for aunt, husband gave away) Purple glass vase Clothes (daughter's, told husband she wanted, he got rid of) 4 Antique pine chairs, stripped of finish 2 Plank bottom chairs (her mother's) 2 Large wood barrels Lawn mower, hose, tools, hedge trimmer, rakes, shovels Antique iron outdoor settee (auctioneer, husband took from house and sold, kept money) Various Christmas decorations Numbered pewter Santa, Michael Richer/ceramic Santa (made) Phone Cuckoo clock (German) Anniversary clock (gave as gift) Antique horse clock 30-40 collectors beer stines (German) Shelves on wall Decorations, crocks, glassware, tin Oil painting from Shope, seascape Bedroom Antique pine bedroom suite (7 pieces) 2 end tables, I double bed mattress/boxspring, ] triple dresser w/hutch mirror, 1 chest on chest, 1 desk, ] chair Linens, personal items Estimated Value $ 100.00 30.00 50.00 50.00 30.00 75.00 10.00 50.00 40.00 50.00 20.00 200.00 200.00 200.00 200.00 20.00 100.00 100.00 50.00 3,000.00 100.00 ]00.00 95.00 800.00 100.00 Familv Room Hanging red tin lamp Pole lamp w/amber glass shades Ceramic drum lamp Wall phone (gift to husband) Antique pine table Round pine table 3 Pine bookcases 2 Pine benches 2 Oak chairs 2 Leatherette side chairs I Maple telephone stand 1 Maple bookcase 1 Maple end table I Maple mirror ] Maple rocking chair Oak chifferobe (husband had auctioneer take and sell, kept $) Butler from Bombay store 2 Antique trunks Boxes of bar memorabilia Collectable lamps, ashtrays, glasses, whiskey pitchers, signs, coaster, mirrors,etc. 2 Red upholstery chairs 2 Barstools Computer, printer Ironing board Blue ceramic stein lamp Brass lamp w/green glass shade (] gave as gift) 1 Brass desk lamp Dresser top mirror Small jewelry boxes (gift] gave) Jewelry, watches (gift I gave) Cufflink, sterling silver (gift I gave anniversary) other 10-15 sets Tie tacs (]5-20 various styles) (gift I gave) Cashmere dress coat (gift 1 gave) 4 Irish wool sweaters (gift I gave) Irish blazer (gift I gave) 3-4 sweaters Clothes, Bermuda, shoes, personal items, suits 2 TVs VCR 50.00 40.00 40.00 100.00 ]00.00 50.00 100.00 25.00 50.00 100.00 50.00 40.00 50.00 25.00 50.00 600.00 200.00 50.00 3,000.00 100.00 40.00 300.00 20.00 50.00 75.00 75.00 25.00 20.00 300.00 75.00 50.00 600.00 400.00 400.00 200.00 1,500.00 200-300.00 150.00 Anniversary gold pendulum clock Automobile collectibles (some gifts I gave) Prints, franklin Mint Charlie Krone paintings and prints (gifts] gave) Cat sculpture, numbered fireplace equipment Wrought iron corn holder Thermos (gift to me), various items under bar Kitchen Antique radio Tin canisters Silverware Electric knife Glasses, cups, odds and ends, dishes Armatele frying pans 8 Place seting Pfaltzgraft Refrigerator Coffee maker Red milk can wall clock 2 Wood shelves on wall Various decorations on shelves Amber glasses, plates, sherbets, pictures Shelves in dining room China, tins, decorations 4 Place setting Armatele dishes, Armatele tureen Living Room Antique showcase (husband had auctioneer take and sell) Brass floor lamp (antique red glass shade) Wall clock Total: 75.00 2,000.00 1,000.00 500.00 50.00 100.00 50.00 75.00 20.00 20.00 30.00 30.00 100.00 100.00 50.00 30.00 20.00 50.00 50.00 100.00 100.00 100.00 150.00 300.00 100.00 50.00 $20,320.00 PROPERTY TAKEN BY WIFE AT TIME OF SEPARATION Description Sofa and loveseat (10 years old) Maple end table Maple coffee table (scratched, leg broken, threw out) Velvet swivel rocker (velvet torn, swivel broken, gave to Good Will) Pottery lamp Brass lamp (garage sale) White glass lamp Photos and albums (kids and family) 4 Place setting Armatele and serving bowls Wall decorations, dried flowers Copper boiler 2 Ladder back chairs - ] refinished I seat damaged, garage sale I Oak chair (back broke) Oak break front (I refinished, paid) 8 Place set "Friendly Village" dishes (paid $25) 8 Place set pistol grip silverware Tablecloths Pink depression glass (husband's mother's, husband did not want when we discussed what I was taking, gave to daughter) 2 Wood shelves (craft show) Deacon benches (refinished) Pink fiesta dishes (bought with green stamps, not old, gave to Good Will) Red glasses (yard sale) Red stepstool (gave to son) Tin graters Oak dough kitchen table Pots, pans, odds and ends Toaster Silverware Wall phone (green stamps) Wood ironing board Iron bed (paid $12 at public sale, refinished), mattress, box spring Oak dresser (paid $15 garage sale, refinished, top cracked) Estimated Value $ 100.00 10.00 no value no value 50.00 15.00 1.00 value to Sue ]50.00 50.00 85.00 10.00 1.00 25.00 200.00 50.00 - 100.00 40.00 25.00 0.00 20.00 25.00 10.00 25.00 50.00 50.00 200.00 25.00 2.00 ]0.00 50.00 10.00 ]00.00 50.00 Tin cans (not antiques) Sweeper (approx. 20 years old) Nut cracker, Bombay (paid $100 sale) Holiday decorations (some acquired before marriage) Decorations and tree (old, damaged, gave to Good Will) Santa Claus collection (some gifts, some craft show, not numbered collected because I like, not high value) Snow Babies (some gifts) Memorabilia (kids through school years) Lots of costume jewelry (before and after marriage) Wedding rings, sterling silver Indian jewelry (some gifts), gold hoop earrings, gold bracelet Wall lamp (son made) Various brass lamp parts (garage sale) Clothing, personal items Small TV Schoolroom clock (does not run) Banjo clock (garage sale, never worked, garage sale) 12 Tea cups (wedding gift from aunt) Oak washstand (aunt) Oak chair (great aunt) Antique pitcher and bowl (grandmother's) Wood highchair (no tray, back broken) (grandfather's) 8 Place setting "Friendly Village" (mother) Noritake Azela china (father, had been grandmotherls) Oak Victrola (father, gave to son, had been grandfather's) Camelback trunk (owned prior to marriage) Nick Ruggeri painting (husband) Camcorder (husband) Camera (gift, husband broke) Step basket (daughter-in-law) Angel afghan (daughter-in-law) Angel wall hanging (daughter-in-law) Wall decoration (friends) 8 Coppenhaggen plates (aunts) Small wood side table, refinished (aunt) Wood barrel (used as trash can) (aunt) Crocks (mother) Basket (grandmother) School desk (aunt) Oak dresser w/mirror (grandmother's inheritance) Blanket chest (burn marks, needs refinished)(prior to marriage) Chest of drawers (drawers don't work) (had as child) 10.00 25.00 50.00 no value no value 100.00 100.00 no value 200.00 ],000.00 10.00 1.00 200.00 25.00 10.00 1.00 $ 25.00 200.00 50.00 50.00 20.00 25.00 $4,000-5,000 100.00 25.00 ]50.00 50.00 0.00 10.00 20.00 25.00 75.00 200.00 50.00 10.00 50.00 15.00 25.00 200.00 50.00 25.00 Chest of drawers (mother) Landscape living room (aunt's inheritance) Hanging wall desk (aunt's inheritance) Organ stool (auntls inheritance) Oak china closet (aunt's inheritance) Cut glass (aunt's inheritance) Sewing basket (aunt's inheritance) Oak round table (mother) Various china, glass items (aunt's inheritance) Jelly cupboard (aunt's inheritance) Rabbit cookie jar (aunt's inheritance) Cedar chest (gave to daughter) (aunt's inheritance) Small end table (auntls inheritance) 25.00 100.00 200.00 40.00 400.00 50.00 25.00 200.00 50.00 100.00 50.00 100.00 25.00 Total: $9,986.00 c c"; -~^, (,', cf', _J WILLIAM C. DAGGS, Plain tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 04-902 CIVIL SUZANNE DAGGS, Defendant ]N DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHT IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-7536 ... A VISO USTED HA smo DEMANDADO EN LA CORTE. Si usted de sea defenderse de [as quejas expuestas an [as paginas siguientes, de be tomar accion dento de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se la avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero rec1arnado en la demanda 0 por cualquier otra queja 0 compensacion rec1amados por e[ Demandante. USTED PUEDE PERDER DlNERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMADA A UN ABOGADO lNMEDlATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFIClNA EN LA DlRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENClA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 , WILLIAM C. DAGGS, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NUMBER: 04-902 CIVIL SUZANNE DAGGS, Defendant IN DIVORCE AMENDED COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE NOW COMES the Plaintiff, WILLIAM C. DAGGS, by and through his attorney, Charles E. Petrie, and respectfully amends his Complaint in Divorce as follows: 1. Plaintiff is WILLIAM C. DAGGS, who currently resides at 128-F Hilldale Drive, Ephrata, County of Lancaster, Pennsylvania, since 2000. 2. Defendant is SUZANNE DAGGS, who currently resides at 205 Conodoguinet Avenue, Apartment 7, Camp Hill, County of Cumberland, Pennsylvania, since 2001. COUNT I REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3323. ~3501. ~3502. ~3503. OF THE DIVORCE CODE 3. The prior paragraphs of this Amended Complaint are incorporated herein by reference thereto. 4. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after , consideration of all relevant factors, including the respective incomes of the parties. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT II REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER !i3104 OF THE DIVORCE CODE 5. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 6. The public policy of the commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 7. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matter with Defendant. 8. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. . .... WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to !33104 of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. 9. In all other respects the Complaint in Divorce filed on March 3, 2005, remains unmodified. D TED: } ~ L:4'.-- CHARLES E. PETRIE 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Attorney for Plaintiff c'; ~ n F I ~0 r c) -.a .. 0 );: ...., ~ C:~i '- C:.:. .::, ~ -s, ~ WILLIAM C. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CMLACTION - LAW vs. NUMBER: 04-902 CIVIL SUZANNE DAGGS, Defendant IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Charles E. Petrie, Esquire, on behalf of the Plaintiff, WILLIAM C. DAGGS. ~~ CHARLES E. PETRIE, ESQUIRE PRAECIPE TO ENTER APP~ Please enter the appearance of G J.. .. {~.. j!.. ..;foV' c Esquire, on behalf of the Plaintiff, WILLIAM C. DAG Date: 10/11/06 o t;;~ \: t;:::?, t;~ q, ( ", ~~. <..) ..n "..:;:1 -n fi1 f~. -- CT' - "'t"-,., :3:; ...... - -- V. SUZANNE DAGGS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-902 CIVIL TERM WILLIAM C. DAGGS, Plaintiff CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (d) of the Divorce Code was filed on March 3, 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 in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) 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 herein are true and correct. I understand that false statements herein are made subject to e penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsificatio to authorities. Date:ddco, C') ~ ~ c::::J c: c::::J s:: Q"> ""Or;n 0 :I! (TJp<' (J n,:O Z:r.' --f ~~ ze N (,fJ ,> 0 -/ . ~~- ,. _.-i ;~~.~. Fi'i :l> ,. :n :x '-0 f'Z (~) - Zm .~C~= - 0 Z ~ ~ <"':1 ~ 0 V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-902 CIVIL TERM WILLIAM C. DAGGS, Plaintiff SUZANNE DAGGS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (d) of the Divorce Code was filed on March 3, 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 in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: to -[3-6 ~ (') c: s::. ""0(1:) ~ ~~T~: 63~~' ....r ~ ~S J;."'c: ~ ~ c::::) ~ c;J"'> o (""') -of N o ~ ~~ ~. e _-10 :1:'~' C)'" -y Om ~ =< > :1: w o WILLIAM S. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 902 CIVIL SUZANNE DAGGS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /\3td d day of (J~ 2006, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on October 19, 2006, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, <Q~1~~ Edgar B. Bayley, P.J. ' cc: )tharles Rector Attorney for Plaintiff ~obert Peter Kline ~ Attorney for Defendant >- ~ ,....., LU~; UC-.s LL -,. ~r-:-~ '-'C, Cd: wo- _JUJ !:i:f!: ~ Lf) 6 ";- !-.. Z ~~~ ......,-~ ~;7! ..~ ~~~2 -'~-.;. ;:"}U] cD Cl... ", =s u ::c <'C C"') N I- W C) ....c> = =:> C"ooI WILLIAM C. DAGGS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 902 CIVIL SUZANNE DAGGS, Defendant IN DIVORCE THE MASTER: Today is Thursday, October 19, 2006. This is the date set for a Master's hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, William C. Daggs, and his counsel Charles Rector, and the Defendant, Suzanne Daggs, and her counsel Robert Peter Kline. A complaint in divorce was filed on March 3, 2004, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has received today affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties and dated today. The affidavits and waivers will be filed by the Master's office with the Prothonotary. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. The complaint did not raise any economic claims; however, an amended complaint was filed on December 8, 2005, raising a claim of equitable distribution. On March 16, 2004, in response to the original complaint wife filed an answer and counterclaim. 1 ~ In the counterclaim she raised economic issues of alimony, alimony pendente lite, and counsel fees. Wife also raised a claim for grounds for divorce under Section 3301(a) (6) of indignities. As previously noted, the divorce will conclude under Section 3301(c) of the Domestic Relations Code. The parties were married on May 16, 1964, and separated April 19, 1998. The parties have three children, all of whom are emancipated. An affidavit under Section 3301(d) was filed with the original complaint and a counter- affidavit was filed by wife on March 16, 2004. Wife indicated that she did not oppose the entry of a divorce decree but that she wished to raise economic claims. As noted, economic claims are pending and those claims are being addressed today. The Master has been advised that the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors. The parties are going to return later today with counsel, make any correction of typographical errors as necessary, and then affix their signatures affirming the terms of settlement as stated on the record. However, it is 2 specifically noted that if the parties do not sign the agreement affirming terms of settlement, they are, nevertheless, bound by the settlement as stated on the record when they leave the hearing room today. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Rector. MR. RECTOR: 1. The parties agree to alimony in this case according to the following terms: a) Beginning on the first month following their divorce, husband will pay as non-modifiable alimony to wife the sum of $569.67 payable through the Dauphin County Domestic Relations Office. b) The current order of spousal support through Dauphin County Domestic Relations shall continue uninterrupted until the divorce decree issues in the Court of Common Pleas of Cumberland County. Following issuance of the decree in divorce, the spousal support case will convert to non-modifiable alimony. Counsel for husband will provide a copy of this transcription agreement to the Domestic Relations Office of Dauphin County to facilitate the administrative wage attachment and to facilitate its continuation for purposes of husband's payment of alimony. In the event that the Dauphin County Domestic Relations Office charges an administrative fee for the administration of the wage attachment of alimony, husband agrees to be solely responsible for said administrative fee. c) Husband's alimony payment to wife shall be suspended on the month at which husband attains full retirement age with the social security administration, which age is currently calculated to be 65 years and 10 months. The Dauphin County Domestic Relations Office shall be notified by counsel for husband of this suspension of the 3 alimony order following his attainment of his social security full retirement age. d) In the event that husband is employed part-time or full-time following his attainment of full retirement age, he agrees to pay directly to wife the sum equivalent of 20% of his net monthly income from his full-time or part-time employment on or about the 10th day of each month. Husband shall also provide to wife copies of his pay stubs to substantiate the basis for his direct payment to her pursuant to this. This payment shall be characterized as alimony. e) Husband's obligation to pay wife alimony following his attainment of full retirement age shall not be triggered until and unless husband's net monthly income through social security and through employment exceeds wife's net monthly income through employment and/or social security. The parties will both cooperate in exchanging proof of income on no less than a monthly basis. By way of illustration, if following husband's retirement husband receives for the sake of this illustration net monthly income of $3,000.00, $1,700.00 of which is social security and $1,300.00 of which is derived from husband's employment and wife receives net monthly income of $2,999.00, then in that event husband's total income exceeds wife's by one dollar. Therefore, consistent with this agreement, husband will pay directly to wife the equivalent sum of 20% of his net monthly employment income directly to wife. For purposes of this illustration, we are using $1,300.00 of net income as an example of husband's post retirement net income from employment. Under this illustration, wife would receive $260.00 that month directly from husband. MR. RECTOR: Bill, do you understand that illustration? MR. DAGGS: Yes. MR. RECTOR: And, Mrs. Daggs, do you understand that illustration? MRS. DAGGS: Yes. THE MASTER: Off the record. 4 (Whereupon, a discussion was held off the record.) MR. RECTOR: (Continuing) Net income as is defined in this agreement is net income defined and outlined consistent with Pennsylvania Rule of Civil Procedure 1910.16-2(c) That rule provides that net income is calculated and defined as gross income less allowable deductions for federal, state, and local income taxes, FICA payments, and nonvoluntary retirement payments, and/or union dues. In the event that a disagreement would arise regarding the calculation of net income, the parties will specifically defer to the rule of civil procedure for calculating the correct net income of each. MR. KLINE: Any bonuses received by either party shall be computed on an annualized basis in determining net income. MR. RECTOR: So by way of illustration, if one of you receives a bonus that is the only bonus for the year and we do a calculation of income in March of that year, we would want to take the bonus out over 12 months so that we do not improperly exaggerate either of your net monthly incomes, and that is consistent with what the Domestic Relations Office and what the Divorce Master in Cumberland County would do. MR. KLINE: The other thing that I would add to the income verification issue is: Either party, for the purpose of verification, may request that the other party execute and submit to the other an IRS form 4506 or its equivalent upon request. MR. RECTOR: And the practical effect of that form is simply for the other party to verify with the IRS the reportable taxable income of the other so that further verification of incomes can be obtained. 5 (Whereupon, a discussion was held off the record.) MR. RECTOR: (Continuing) f) Husband's obligation to make alimony payments pursuant to the preceeding paragraphs will be suspended in the event that a) He remains unemployed following his attaining age 65 years and ten months; b) The alimony obligation shall terminate upon wife's remarriage or co-habitation with a person of the opposite sex. For purposes of this agreement cohabitation shall be defined as a continuous shared residence for a period in excess of thirty (30) days with an individual of the opposite sex who is not a family member and from which no request has been made by either cohabiter to contribute to the support of the other. By way of clarification, proof of cohabitation under this definition would include continuous cohabitation in the same home for thirty (30) days or longer. However, it would not require proof of shared financial responsibilities which a certain Superior Court case has suggested in the past that it might. c) Husband's obligation to pay alimony will also terminate upon the death of either party, and husband's alimony obligation -- although I have said this before, I am going to repeat this -- husband's alimony obligation will not be triggered following his attainment of age 65 years and ten months in age unless his combined net monthly income from social security and from part-time or full-time income exceeds wife's net monthly incomes. By way of illustration, if husband's combined net monthly incomes from social security and from employment total $2,500.00 and in that month wife's net monthly income totals $2,600.00 husband pays no alimony. It is the intention of the parties, with respect to the last point, to recognize that husband has no alimony obligation until and unless his net monthly income exceeds that net monthly income of wife beyond full retirement age. By way of further clarification, the 20% percent that husband will be obligated to pay as and for alimony will be the equivalent of 20% percent of his net monthly income derived from his part-time or full-time employment. 2. The parties have divided to their satisfaction all of the marital assets in their case. Specifically husband waives all right, title, and interest he may have in and to 6 a 401(k) plan with Waddell Reed. 3. The parties have further divided their respective vehicles to their satisfaction. 4. The parties have divided equally the personal property accumulated during the marriage and they acknowledge that for purposes of this agreement all of said property in wife's possession shall become wife's property and all of the property in husband's possession shall become his property. 5. The parties acknowledge that they have provided a financial disclosure to each other and that they both understand the respective assets and incomes in this case. 6. The parties understand that by entering into this agreement they are waiving the right to have a Master's hearing, to call witnesses, and to otherwise litigate and appeal the case. As the Divorce Master indicated, once the dictation is finished, we have an enforceable contract whether or not either or both of you do not sign the transcript before the end of the day. 7. In the event that there is a liability or debt which the other party is unaware of, the party who incurred that debt and who is currently paying on that debt shall have the responsibility of continuing to make those payments. 8. The parties agree that they have not secured credit since their separation using the other parties' name. In the event that that has occurred, each party agrees to assume whatever respective debt was incurred, for example a credit card that is outstanding. The party that incurred that debt shall assume full responsibility for it. 9. The parties agree that except as outlined in this agreement they each waive as to the other any further alimony, alimony pendente lite, spousal support, counsel fees, maintenance and costs. They also waive any additional equitable distribution of property inasmuch as each party is now acknowledging that they are satisfied with the distribution of assets. 10. Husband agrees to pay to his counsel as and for the attorney fees of wife the sum of $500.00 within seven (7) days of today's date. (Whereupon, a discussion was held off the record.) 7 MR. RECTOR: (Continuing) 11. As a follow up to the discussion off the record, each party following husband's attaining full retirement age of 65 years and 10 months, will have an affirmative obligation to provide financial information to their attorneys so the calculations can be made. That is to say that it should not be necessary for either party to formally request or subpoena information. And as the Divorce Master has pointed out, mutual cooperation and the obligation for that continues throughout the life of this agreement. 12. 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 may now have or hereafter acquire under the present or 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. 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 all such interest, rights, and claims. (Whereupon, a discussion was held off the record.) MR. RECTOR: Mr. Daggs, you have had the opportunity during the last week to discuss this case with me; is that correct? MR. DAGGS: Yes. MR. RECTOR: And you have heard what I have recited on the record; is that correct? MR. DAGGS: Yes. MR. RECTOR: Do you agree with it? MR. DAGGS: Yes. 8 MR. RECTOR: Do you understand it? MR. DAGGS: Yes. MR. RECTOR: Do you have any questions about it? MR. DAGGS: No. MR. RECTOR: Are you satisfied with my representation of you in this case? MR. DAGGS: Yes. MR. KLINE: Sue, not necessarily over the past week but over the past few days we finally had an opportunity to discuss the proposed settlement that resulted in the agreement that has been presented to you today. Do you understand the agreement? MS. DAGGS: Yes. MR. KLINE: Is it your intention to agree to and enter into that agreement? MS. DAGGS: Yes. MR. KLINE: Have you been satisfied with my representation of you? MS. DAGGS: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 9 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. ~_.-, ..--'"' --------.-... . i -'- /------ \ DATE: J H"!/ 9 /-~ , WITNESS: ,/,,- <....--L-.o...- ,. )u )}'t )CJt,. / Robert Pete Attorney for 10 WILLIAM C. DAGGS, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-902 CIVIL TERM SUZANNE DAGGS, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the Court for entry of a divorce decree: 1. Ground for a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service by mail to attorney. received 3/4/04. Acceptance of Service filed 3/16/04. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 10/19/06, by the Defendant 10/19/06. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim pending: Settled by aareement. See settlement transcript filed with the Court. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiffs Waiver of Notice in 9 3301 (c) Divorce was filed with the Prothonotary 10/20/06. Date Defendant's Waiver of Nor . 3301 (c) was filed with the Prothonotary 10/20/06. Date: 10/25/06 r--.:> = c:.."') c.,...... o ~ -~'t o -0 ~-n rl1p -~Jfri ~t3 S~ ~i~8 ~.~ ~ "" -J ~ ::Jif. <2 N ;to 'Ii 'Ii 'Ii 'Ii 'Ii 'Ii 'Ii 'liiti itiiti iti itiiti ~ ff. ff.ff.~ff. ff. ff. iti itiitiitiff.ff.iti'li iti'li'li'liiti 'Ii:f.:f. IN THE COURT OF COMMON PLEAS :f. :f. :f.:f. iti:f.:f. :f. ;to Of. ff. :f. OFCUMBERLANDCOUNTY STATE OF PENNA. WI.T..'L.[U( C DAGGS No. 04-902 CIVIL TERM VERSUS SUZANNE :DAa;S DECREE IN DIVORCE AND NOW, Or..\- 0 'o~( , lWo, IT IS ORDERED AND 3\ DECREED THAT William C_ Daggs , PLAINTIFF, AND Suzanne Daggs , DEFEN DANT, 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; N/A The parties marriage settlement agreement dated October 19,2006, is attached hereto and incorporated into this Decree for enforcement purposes only pursuant to Section 3105 of the Pennsylvania Divorce Code. By THE COURT: PROTHONOTARY Of.;to ~~:f.:+::+: ;tOff.:f. :f.:f.;to :f.:f.;tO"':f.'" ;to:f.ff.;to ;to"':f."''''''''''''';tO;tO'''ff.''' ff.Of.;tO;to0f. ",;to"'ff. J. Of. Of. Of. Of. :f. Of. :f. :f. Of. '" Of. Of. ff. ff. ff. ff. ff. ff. :f. Of. :f. ;to :f. Of. Of. :f. ff. Of. Of. Of. Of. Of. ~ Of. :f. Of. ;to ff. Of. Of. :f. :f. :f. 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