Loading...
HomeMy WebLinkAbout09-2746PAMELA CATHERINE GRAY, PLAINTIFF V8. DONALD SCOTT GRAY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 6?-21q1- CIVIL TERM CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY NOTICE TO DEF M 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 PAMELA CATHERINE GRAY, PLAINTIFF VS. DONALD SCOTT GRAY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NOO?-274(- CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE . „_R SECTION 3301(c) OF THE„IVORCE CODE AND NOW, comes the Plaintiff, PAMELA CATHERINE GRAY, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is PAMELA CATHERINE GRAY, an adult individual, who resides at 39 Cumberland Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Plaintiff has resided in Cumberland County for over six (6) months. 2. Defendant is DONALD SCOTT GRAY, an adult individual, who resides at 39 Cumberland Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on January 17, 1987. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiff has never been a member of the United States Military Service. Defendant was a member of the United States Air Force the first three (3) years of this marriage. 9. Plaintiff and Defendant have four (4) children from their marriage, AMBER LEE CATHERINE GRAY, bom Jude 5, 1987, ASHLEY LYNN GRAY, born May 19,1988, AUBURN MARIE GRAY, born March 5,1997 and DONOVAN CHARLES GRAY, bom on November 9, 2000. C QM iT ,' I - RW= F R NO-FAULT DIVORCE , SECTION 3r3®i(c) O,F THE R&O_&, E Ct?DE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes 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 date of filing of this Complaint, Plaintiff, PAMELA CATHERINE GRAY, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II • RLQ.?M FOR CQ-N RM&U0 OF CUSTODY UNOERffMNS 3_1Wl(21 aid 3323M ( , E THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The parties are the parents of the following minor children who reside with the Plaintiff and the Defendant at this time: NAME_ AGE SM DATE OF BIRTH AUBURN MARIE GRAY 12 years Female March 5, 1997 DONOVAN CHARLES GRAY 8 years Male November 9, 2000 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM / TO Plaintiff and Defendant 39 Cumberland Drive 2003 to Present Mechanicsburg, PA 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Plaintiff has Primary Physical Custody and Defendant has Partial Physical Custody of their children. WHEREFORE, Plaintiff, PAMELA CATHERINE GRAY, requests this Honorable Court grant Plaintiff, PAMELA CATHERINE GRAY, and Defendant, DONALD SCOTT GRAY, Shared Legal Custody of the minor children, AUBURN MARIE GRAY and DONOVAN CHARLES GRAY and Plaintiff, PAMELA CATHERINE GRAY, Primary Physical Custody and Defendant, DONALD SCOTT GRAY, Partial Physical Custody, of the children, AUBURN MARIE GRAY, and DONOVAN CHARLES GRAY, as in the children's best interest. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: April 2009 assn Kay Candle ;sqi Counsel for Plai ?` PA I.D. # 64998 4010 Gleufinnan P Mechanicsburg PA 17055 (717) 7242278 VERRWICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, infornnation, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DATED: PAMELA CATHERINE GRAY si - 6,+ y va PAMELA CATHERINE GRAY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD SCOTT GRAY DEFENDANT 2009-2746 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 06, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, June 18, 2009 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. p` Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IkF 1T'M TARY OF THE r t t t 2004 MAY 18 off' ?? ` ?? ??.??• ?? ?? ? ??.?? Al? Sheriffs Office of Cumberland County R Thomas Kline Xtitir Qt' C11+rnberi??r0 Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFriCr -,)F '-E Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/08/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on May 8, 2009 at 1508 hours this Complaint in Divorce upon defendant Donald Scott Gray is returned not served per request from attorney Susan Kay Candiello. SHERIFF COST: $28.42 May 11, 2009 2009-2746 Pamela Catherine Cray v Donald Scott Gray -Tj ni - rt . ? tl.? .1J JUN 19 2009 Al PAMELA CATHERINE GRAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW DONALD SCOTT GRAY, NO. 2009-2746 Defendant IN CUSTODY ORDER l AND NOW, this t day of June, 2009, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Rubert X. Gilroy, E: Custody Conciliator 2009 JUiN 1 9 Pi°1 ti':• C , ?? ?? Ty PAMELA CATHERINE GRAY, PLAINTIFF VS. DONALD SCOTT GRAY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.tl91-o0% CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Mother") is PAMELA CATHERINE GRAY, who currently resides at 39 Cumberland Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Defendant (hereinafter sometimes referred to as "Father") is DONALD SCOTT GRAY, who currently resides at 169 Harding Avenue, Revloc, Pennsylvania, 15948. AMBER LEE CATHERINE GRAY (hereinafter sometimes referred to as "Amber"), born on June 5, 1987, ASHLEY LYNN GRAY, (hereinafter sometimes referred to as "Ashley"), born on May 19, 1988, AUBURN MARIE GRAY, (hereinafter sometimes referred to as "Auburn"), born on March 5, 1997 and DONOVAN CHARLES GRAY, (hereinafter sometimes referred to as "Donovan"), born on November 9, 2000, are the subjects of this Stipulation for Agreed Order of Custody. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided the children are in a safe environment. SOL WHEREFORE, Plaintiff, PAMELA CATHERINE GRAY, and Defendant, DONALD SCOTT GRAY, have entered into a mutual agreement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor children, AMBER LEE CATHERINE GRAY, ASHLEY LYNN GRAY, AUBURN MARIE GRAY and DONOVAN CHARLES GRAY. 2. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in their children's best interest. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree to communicate with each other and not to use the children to avoid communication with the other parent. Mother and Father agree not to impair the other's right to shared legal or physical custody of their children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make, or permit any other person to make, any remarks or do anything which could in any way be 2 construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their children should respect and love. 5. It shall be the obligation of each parent to make their children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-today decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. Both parents' names shall be listed with the school their children attend as parents to be contacted in the event of an emergency, and to be notified regarding school events. Each party shall provide the other, promptly after receipt, with copies of report cards and notification of major school events 3 9. Neither Mother nor Father shall schedule activities or appointments for their children which would require their attendance or participation at said activity or appointment during a time when their children are scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties have agreed, Mother Shall have Primary Physical Custody and Father Shall have Partial Physical Custody of their minor children, Amber Lee Catherine Gray, Ashley Lynn Gray, Auburn Marie Gray and Donovan Charles Gray in accordance with the following schedule: A. Father shall have the children every other weekend beginning Friday evening at 6:00 p.m. through Sunday evening at 6:00 p.m. Father may also request one to two (1-2) evening visits during the week. Father's visits shall begin at 5:00 pm. Through 8:00 p.m. if the children do not have previous plans or are not involved in any extracurricular activity. Father shall give Mother twenty- four (24) hours notice of the evenings which he wants to visit with the children. Father is encouraged to attend and be involved in any of the children's extracurricular activities; B. The parties shall alternate the following holidays. Father shall have the odd numbered holidays in the odd numbered years and the even numbered holidays in the even numbered years. Mother shall have the even numbered holidays in the odd numbered years and the odd numbered holidays in the even numbered years; 4 1) New Year's Eve and Day (to be determined by the year of New Year's Eve; 2) Martin Luther King's Birthday; 3) Valentine's Day; 4) President's Day; 5) Memorial Day; 6) Easter; 7) Independence Day; 8) Labor Day; 9) Halloween; 10) Thanksgiving Day; C. Father and Mother shall share Christmas. Christmas shall be divided into two (2) sections, A and B. In the odd numbered years Father shall have Section A and Section B in the even numbered years. In the even numbered years Mother shall have Section A and Section B in the odd numbered years. Section A. 1:00 p.m. Christmas Eve Day through Christmas Day at 1:00 p.m; Section B. 1:00 p.m. Christmas Day through December 26'' at 8:00 p.m; D. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day. If this day does not fall on the 5 parent's weekend their day shall begin at 8:00 a.m. through 8:00 p.m; E. Mother and Father shall at all times provide non-custodial parent with the location and a telephone number for where the children are. F. Mother and Father shall each have the option of requesting one to two (1-2) consecutive weeks of vacation during the year with their children, providing a minimum of thirty (30) days notice of the time requested is given to the other parent. The parent taking the children on vacation shall provide other parent with a location(s) where the children will be and a telephone number to contact the children; G. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; H. All holidays, vacations, and specially designated times for visitation with their children shall supersede the regularly scheduled visitation. 11. The custodial parent shall allow the children liberal communication with the non- custodial parent, whether by telephone or email. 12. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their children. 13. During any period of custody or visitation, the parents shall not possess or use controlled substances or consume alcoholic beverages to the point of intoxication. The 6 parties shall likewise assure, to the extent possible, that other household members and/or houseguests comply with this prohibition. 14. Neither party will smoke cigarettes or tobacco products nor allow others to smoke in the presence of the children. 15. The parent with physical custody of their children agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their children have become involved. 16. Mother and Father agree to provide each other with current information regarding their children. Mother and Father also agree to have each other listed as an emergency contact with any adult and/or agency their children interact with. 17. Mother and Father agree to share transportation equally, if Father is residing within a twenty (20) mile radius of the marital residence. If Father is residing at a distance greater than twenty (20) mile radius from the marital residence, Father shall provide transportation to and from the marital residence for his periods of visitation with the children. 18. Mother and Father agree to provide each other with written notice of their intent to relocate a minimum of ninety (90) days prior to their move. 19. If the parties disagree and/or are unable to reach a joint decision regarding their children, they agree to utilize either Counseling or Mediation to assist them to reach a resolution before resorting to seeking a resolution through the court system; 20. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing 7 y ?J- e- ::: ? " , PAMELA CATHERINE GRAY DONALD SCOTT GRAY COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: On this, the r day of June, 2009, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when PAMELA CATHERINE GRAY and DONALD SCOTT GRAY, whose names are subscribed to the within Stipulation for Custody, executed the same, and that said person acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. qkAw"iLk Notary Public Nff?IMIK MAl IMUM A INV~ My Commission Expires: flow pwm i1?M104 ENO CO0 O?MMIN11 AMi?11 tM ts, !M!! and signed by both parents. OF THFnT, rt? TaPv I, 2009 JUN 29 PM An maim "low a 01 'JUN 3 p 2009 !) PAMELA CATHERINE GRAY, PLAINTIFF VS. DONALD SCOTT GRAY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 09-2746 CIVIL TERM CIVIL ACTION - LAW : ACTION FOR CUSTODY ORDER OF COURT AND NOW, this 1S l day of 2009 upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, PAMELA CATHERINE GRAY and Defendant, DONALD SCOTT GRAY, shall SHARE LEGAL CUSTODY of the parties' minor children, AUBURN MARIE GRAY and DONOVAN CHARLES GRAYand Plaintiff, PAMELA CATHERINE GRAY, shall have PRIMARY PHYSICAL CUSTODY and Defendant, DONALD SCOTT GRAY, shall have PARTIAL PHYSICAL CUSTODY of the minor children, AUBURN MARIE GRAY and DONOVAN CHARLES GRAY, in accordance with the language contained in the within Stipulation. BY THE COURT, .? C .e PAMELA CATHERINE GRAY, PLAINTIFF VS. DONALD SCOTT GRAY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2009-2746 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL Be it known, that on July 2, 2009, comes, SUSAN KAY CANDIELLO, who states as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Pamela Catherine Gray, Plaintiff in the above-captioned matter. 3. On or about May 8, 2009, a true and correct copy of the Complaint for No-Fault Divorce was placed in the mail to Constable Kevin Preston. 4. Constable Kevin Preston personally served the Defendant, Donald Scott Gray with a true and correct copy of the Complaint for No-Fault Divorce on May 13, 2009 at 7:15 a.m. The Return of Service from Constable Kevin Preston, signed by Constable Kevin Preston, showing a date of service of May 13, 2009, is attached hereto as Exhibit «A95 5. Service by personal service meets the requirements of Pa.R.C.P. 405. SUSAN KAY Counsel for A O Exhibit "A" RETURN OF SERVICE I hereby certify and return that on the day of 2009, at ; 'S AM M, served the Complaint, Summons, and Civil Cover Sheet, by handing pies of such documents to the following: Cz lei '5c'. /r Name of Individual served and Positionlritle: /I m e . Name of Defendant served: Address where service was made: I incurred the following costs in service: $-,:?-o ° o I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Typed name of Process Server 915 Sand Bank Road Mt. Holly Springs. PA 17065 _ Address of Process Server CONSTABLE KEVIN PRESTON w,, KC-J;,4 rAlK. 5-1-0 J Fil PD-i' 2c- OF THE 2009 JUL -6 Phi 2: 36 PAMELA CATHERINE GRAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DONALD SCOTT GRAY, Defendant CIVIL ACTION -LAW N0.09-2746 CIVIL TERM IN RE: PLAINTIFF' S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 8~' day of June, 2010, upon consideration of Plaintiff's Petition for Special Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. Susan Kay Candiello, Esq. 4010 Glenfinnan Place Mechanicsburg, PA 17055 Attorney for Plaintiff BY THE COURT, !r 4 J. esley Oler, r., J. "Donald Scott Gray ~ 186 Clarion Avenue 4, ~ -~ Bedford, PA 15522 -,., . -_ - ~ {~~ Defendant, pro Se v~~~ ~~' ~, _~ rT., -~ ~~~ ~.~ ; " ~-""' ~ J ~.ILC: 4 L SEA' 012010 PAMELA CATHERINE GRAY, PLAINTIFF Vs. DONALD SCOTT GRAY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 09-2746 CIVIL TERM CIVIL ACTION - LAW ACTION FOR CUSTODY ORDER AND NOW, this day of 2010. upon consideration of the Plaintiff PAMELA CATHERINE GRAY'S Petition for Special Relief, it is hereby ORDERED and DECREED the Court will make the Rule dated June 8. 2010 absolute. The Defendant, DONALD SCOTT GRAY, shall share with Susan Kay Candiello, Esquire, counsel to Plaintiff, all current and accurate information of and concerning all marital assets including, but not limited to retirements and bank accounts. nec,ssary to identify all marital assets and liabilities BY THE COURT: J. 4r a/rv ? .? 0 PAMELA CATHERINE GRAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. DONALD SCOTT GRAY ; NO. 2746 2009 Defendant MOTION FOR APPOINTMENT OF MASTER PAMELA CATHERINE GRAY Plaintiff moves the court to appoint a master with respect to the following claims: ?X Divorce ?X Distribution of Property ? Annulment ? Support ? Alimony X? Counsel Fees ? Alimony Pendente Lite X? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Personally , Esquire). 3. The staturory, ground (s) for divorce is r ci Ca Section 3301(c)of the Divorce Code -- -' 4. Delete the inapplicable paragraph (s): A ?X B ?X C ? rnn c_- i ?.. ? ?; a. The action is not contested. ' V b. An agreement has been reached with resnect to the following claims: X77 CC) --4 C, GC-3 3:1- c7 -,n J:,. C") C. The action is contested with respect to the following claims: C? --??Defendant has refused to respond to our proposal for settlement and continues to delay and refuse to respond or cooperate in any manner, without Plaintiff obtaining court intervention. - 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 4-6 hours 7. Additional information, if any, relevant to the motion: Defendant's position is unknown. Date: July 14, 2011 ttorney for Plaintiff Susan Kay Candiello Print Name ORDER APPOINTING MASTER AND NOW 20 Esquire, is appointed master with respect to the following claims: By the Court, J. 0 PAMELA CATHERINE GRAY Plaintiff vs. DONALD SCOTT GRAY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2746 2009 Defendant MOTION FOR APPOINTMENT OF MASTER PAMELA CATHERINE GRAY Plaintiff moves the court to appoint a master with respect to the following claims: ?X Divorce ?X Distribution of Property ? Annulment ? Support ? Alimony ?X Counsel Fees ? Alimony Pendente Lite ?X Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personall)) (by his attorney,_ Personally , Esquire). 3. The statutory ground (s) for divorce is Section 3301(c)of the Divorce Code °- 4. Delete the inapplicable paragraph (s): A ?X BM CE] M1rn a. The action is not contested. Z? ?3t b. An agreement has been reached with resnect to the following claims: OD --4 p CCU s? 3C C:D-n = A C7 ZtG : t7 C. The action is contested with respect to the following claims: ? - Defendant has refused to respond to our proposal for settlement and continues to delay and refuse to respond or '„? cooperate in any manner, without Plaintiff obtaining court intervention. j 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 4-6 hours 7. Additional information, if any, relevant to the motion: Defendant's position is unknown. Date: July 14, 2011 Print Name ORDER APPOINTING MASTER C-) AND NOW 2, is appointed master th respect to the following claims: , .Q.O ? &sar, Kay OAM cello, 8-sq. bonald SCo+F Groin (40 led jglBw C r'- lLW By the Court, C 'fl Z 416?"-C„ {:J • rnr=- `O rrt ::Q Cruet ;7-i' 0 PAMELA CATHERINE GRAY, PLAINTIFF IN THE COURT OF COMMON PLEAS IMP : OF CUMBERLAND COUNTY, : PENNSYLVANIA - rn ? Z NO. 2009-2746 CIVIL TERM r CIVIL ACTION - LAW 3:5. C-) ACTION FOR DIVORCE y,c° co .. ter.; VS. DONALD SCOTT GRAY, DEFENDANT AMENDED COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, PAMELA CATHERINE GRAY, by her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, and files this Amendment and Addition of Counts to the Divorce Complaint, and in support thereof asserts as follows: COUNT III - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(x) OF THE DIVORCE CODE The 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. WHEREFORE, Plaintiff, PAMELA CATHERINE GRAY, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Dated: July 27, 2011 Respectfully Susan Kay CaFace Counsel for P1 PA I.D. #6499 4010 GlenfinnMechanicsburg PA 17055 (717) 724-2278 arn{ %39SO U'*-) stol 'E-0-Q(0'? N?U Pamela Catherine Gray Plaintiff VS Donald Scott Gray Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION -LAW NO. 09 -2746 CIVIL IN DIVORCE =rn cn rn--A r-- 'u <> N , xs G4 DEFENDANT'S PRETRIAL STATEMENT STATE M E NT O F FACTS 1. Parties were married on January 17 1987. Parties have four (4) children from marriage, two (2) of whom are minors living at 39 Cumberland Drive Mechanicsburg Pa 17050 and reside with Plaintiff. Defendant and Plaintiff have JOINT CUSTODY of minor children. Defendant resides currently at 186 Clarion Ave Bedford Pa.15522 2. Plaintiff served Defendant Divorce papers in May 2009 in presence of minor children. 3. In May 2009 Defendant was a Sgt for Pa. Department of Corrections. On or about May 2009 Defendant was forced to retire from his employer at the Dept of Corrections on DISABILITY RETIREMENT because of permanent vision loss in his right eye. Defendant is currently still on disability retirement. Since May 2009 Defendant has suffered from other serious health issues as well. 4. At time of separation in May 2009, Plaintiff was employed part time as an RN at Holy Spirit Hospital. It is unknown by the Defendant the Plaintiffs employer at present. DEFENDANTS INCOME 1 Defendant is not employed. Defendant is on DISABILTY RETIREMENT from the Commonwealth of Pennsylvania. 2 Defendant pays approximately ONE THOUSAND dollars per month in child support. Defendant receives ONE THOUSAND SEVEN HUNDRED EIGHTY FOUR DOLLARS per month after child support to live on. 3 Defendant also pays both Plaintiff and minor children Health insurance, Dental insurance, and eye insurance out of pocket. MARITAL ASSETS 1. Home at 39 Cumberland Drive Mechanicsburg Pa with mortgage in both parties names. Defendant has not lived there since May 2009 when Plaintiff filed for divorce and asked Defendant to leave. Since that time, Plaintiff has been paying the mortgage and information regarding the mortgage is in Plaintiffs possession. 2. 2000 Pontiac Montana in both parties name. There is no money owed on the vehicle. 3. 1990 Jeep in both parties names. There is no money owed on the vehicle. 4. 1991 Cadillac in Defendants name only. There is no money owed on the vehicle, however in 2009 Defendant used the vehicle as collateral to refinance a loan with American General that was becoming delinquent due to not getting a paycheck for 8 months 5. SERS/Pension benefits, titled to Defendant 6. Personal property/home furnishings owned by both parties all of which are still at 39 Cumberland Drive Mechanicsburg, residence of Plaintiff. I took a television and an old unused table and chairs. Everything else is in Plaintiffs possession. LIABILITIES OF PARTIES 1. Defendant will provide a list of all liabilities which Plaintiffs attorney already has in her possession at pretrial hearing. DEFENDANTS EXPENSES 1. Defendant will provide an Income and Expense Statement at pretrial hearing. FINANCIAL DISCLOSURE 1. Defendant provided financial information regarding income, bank accounts etc to Plaintiffs attorney in September 2010. Defendant has yet to receive any information regarding Plaintiffs income, bank accounts, etc even though Defendant requested all such information. PROPOSED SETTLEMENT AGREEMENT 1. Defendant has recently received a Settlement Agreement drafted by Plaintiffs attorney. Agreement is not a fair and equitable proposal. EXPERT TESTIMONY The Defendant does not anticipate calling any experts to testify at time of trial. The Defendant reserves the right to provide list of experts closer to time of trial, if needed. WITNESSES The Defendant does not anticipate calling any witnesses to testify at time of trial. Defendant reserves the right to provide list of witnesses closer to time of trial. LEGAL REPRESENTATION The Defendant is not represented by an attorney at this time. The Defendant reserves the right to be represented by counsel if needed. EXHIBITS The Defendant will provide proof of income statement which is Defendants SERS retirement account in which Defendant is receiving disability retirement. PROPOSED RESOLUTION No proposal is made at this time, as Plaintiff has not disclosed any financial information to the Defendant, including bank account information, income, expenses, etc. Respectfully submitted, Donald Scott Gray Defendant 11 PAMELA CATHERINE GRAY, Plaintiff VS. DONALD SCOTT GRAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 2746 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ak6- day of j4 A A Ai , 2012, the economic claims raised in the proceedings having been resolved in accordance with a marital property settlement agreement dated January 27, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the reccrd to the Court requesting a _final decree in divorce. BY THE COURT, rA' 's" 4$/., Kevi. A. Hess, P.J. cc: ""Susan Kay Candiello c..f_ Attorney for Plaintiff MW -n rr, Donald Scott Gray (Pro Se) Defendant :4: -- ;_' . MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this LT day of , 2012, by and between PAMELA CATHERINE GRAY and DONALD SCOTT GRAY. RECITALS Wife's Birthday and Social Security Number: March 24, 1962 xxx-xx-3560 Husband's Birthday and Social Security Number: August 4, 1961 xxx-xx-4493 Date of Marriage: January 17th, 1987 ;, m Place of Marriage: Newbury, Ohio ; Last Marital Residence: 39 Cumberland Drive, Mechanicsburg, Pennsylvania, 17 Date of Separation: May, 2009 c_n Children: The parties have four (4) children from this marriage: Amber Lee Catherine Gray, born on June 5, 1987, Ashley Lynn Gray, born on May 19, 1988, Auburn Marie Gray, born on March 5, 1997 and Donovan Charles Gray, born on, November 11, 2000. Pending Court Proceedings: None Divorce Court of Common Pleas No. 2009-2746 Civil Term of Cumberland County, Pennsylvania 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 for the rest of their natural lives, 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: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. 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, Wife and Husband, each intending to be legally bound hereby„ covenant and agree as follows: (T; -n L.: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow'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 testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the 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. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife. Husband has been apprised of his need for counsel and has waived his right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A".) The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION 4 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any, breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 4010 Glenfinnan Place, Mechanicsburg, PA 17055 or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Donald Scott Gray, 186 Clarion Avenue, Bedford, Pennsylvania, 15522, or such other address as Husband from time to time may designate in writing. 5 HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF' RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT 6 The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. Husband shall receive his signed baseball and several tools. 2. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value The parties jointly own real property and a marital residence located at 39 Cumberland Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. There is a first mortgage with HFC and a second mortgage with GMAC. There is no equity in the marital residence. The parties have agreed to place the property on the market for sale. If the property cannot be sold, the parties have agreed to sell the property as a short sale, allow the property to go to foreclosure or whatever other financial option is the best to remove Husband and Wife as the owners of the marital residence. Husband and Wife shall be equally responsible for the cost of all repairs and preparation necessary to have the marital residence sold. If upon sale of the marital residence there is a short fall from the amount needed to pay off 7 the mortgage or any other loans associated with the marital residence, Husband and Wife shall be equally responsible to pay this shortfall. If upon sale of the marital residence there are monies remaining after all loans and expenses of the sale of the marital residence have been paid, Husband and Wife shall equally share these monies. During the time from the date of the execution of this Agreement and until the marital residence has been sold Husband and Wife shall be equally responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. 3. MOTOR VEHICLES A. Wife shall keep the 2000 Pontiac Montana, now titled in Husband and Wife's name alone. Husband agrees to sign all documents to transfer title to the vehicle into Wife's name alone within thirty (30) days of the execution of this Agreement. There are no loans on this vehicle. This vehicle shall hereinafter be the sole and exclusive property of Wife. B. Husband shall keep the 1990 Cadillac Sedan, which is titled in Husband's name alone. There is no loan on this vehicle. Husband agrees to be solely responsible for all insurance and expenses for this vehicle. This vehicle shall be considered as the sole and exclusive property of Husband. C. Husband has left the 1990 Jeep, which is titled in Husband and Wife's name jointly in the driveway of the marital residence. The parties have agreed to give this vehicle to charity. Husband and Wife shall meet at Penn Dot to sign the title to this vehicle within two (2) weeks of the execution of this Agreement. Husband and Wife shall take such actions as are necessary to give this vehicle to charity, within two (2) weeks of the execution of this Agreement. D. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. F. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 4. BANK ACCOUNTS The parties had joint checking and savings accounts with Pennsylvania Employees State Credit Union. The parties have agreed Husband shall keep this account. This account is connected with Husband's PSECU credit account. Husband will take steps to have Wife's name 8 removed from this account. Wife shall sign all documents needed to remove her name from this account. There are no monies in this account. Wife has opened a separate and individual checking account with Mid Penn Bank. Husband agrees to specifically release and waive any and all interest, claim or right he may have in Wife's checking account with Mid Penn Bank. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 5. RETIREMENT INTEREST Husband has a retirement through Pennsylvania State Government. Wife's counsel shall prepare a Qualified Domestic Relations Order (QDRO) which will divide Husband's retirement through the Pennsylvania State Government equally (50/50) between Husband and Wife. Wife has a deferred compensation program from her employment with Pinnacle Health. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's deferred compensation program through her employer, Pinnacle Health. 6. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 1) Mortgage on the marital residence with HFC, in the approximate amount of $173,000.00, in joint names. Wife shall refinance the mortgage on the marital residence removing Husband's name from the mortgage; 2) Bank of America credit account, in Wife's name alone, with an approximate value of $8,000.00. Wife has paid this account in full, since the parties' separation; 3) Sears credit account, in Wife's name alone, with an approximate value of $800.00. Wife has paid this account in full, since the parties' separation; 4) J.C.Penny's credit account, in Wife's name alone, with an approximate value of $1,000.00. Wife agrees to be solely responsible for this loan. Wife has paid this account in full, since the parties' separation; 5) Kohl's credit account, in Wife's name alone, with an approximate value of $300.00. Wife has paid this account in full, since the parties' separation; 6) Following the parties' separation Wife had the cable bill for the marital residence, which was previously in Husband's name placed into Wife's name. There was a bill of approximately $300.00, at the time of separation which Wife has paid in full since the parties' separation;. 7) Wife had the sewer bill for the marital residence, placed into Wife's name following the parties' separation. There was a bill in excess of $1,000.00 plus late fees and attorneys' expenses, at the time of separation. Husband paid this bill in full. 8) Wife shall have the bill with PA Water for the marital residence, placed into Wife's name. There was a bill of approximately $150.00, at the time of the parties' separation. Wife has paid this bill in full. 9) There is a bill with Verizon for telephone services in the approximate amount of $202.00. This account has gone to collections. This bill is in Husband's name, Husband agrees to be solely responsible for this bill. 10) Home Depot credit account, in Husband's name alone, with an approximate value of $940.00. Husband agrees to be solely responsible for this loan. 11) Lowes credit account, in Husband's name alone, with an approximate value of $800.00. Husband agrees to be solely responsible for this loan. 12) National Tire Battery credit account, in Husband's name alone, with an approximate value of $1,000.00. Husband agrees to be solely responsible for this loan. 13) HFC personal line of credit, in Husband's name alone, with an approximate value of $7,900.00. Husband agrees to be solely responsible for this loan. 14) VISA, CHASE credit account, in Husband's name alone, with an approximate value of $5,200.00. Husband agrees to be solely responsible for this loan. 15) Sunoco credit account, in Husband's name alone, with an approximate value of $590.00. Husband agrees to be solely responsible for this loan. 16) Visa PSECU credit account, in Husband's name alone, with an approximate value of $9,000.00. Husband agrees to be solely responsible for this loan. Husband shall also have Wife's name removed from this bill. 17) Master Card credit account, in Husband's name alone, with an approximate value of $5,000.00. Husband agrees to be solely responsible for this loan. 18) AAMCO credit card in Husband's name alone. Husband agrees to be solely responsible for this credit card. 10 Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 7. LIFE INSURANCE Neither Husband nor Wife have any life insurance 8. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 9. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 10. RELEASE OF SUPPORT AND ALIMONY / ACKNOWLEDGMENT OF ADEQUACY 11 The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 11. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 12. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. WITNESS PAMELA CATHERINE GRAY, WIFE 14 i 12 PAMELA CATHERINE GRAY, PLAINTIFF VS. DONALD SCOTT GRAY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2009-2746 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT action. I, DONALD SCOTT GRAY, do hereby acknowledge that I am the Husband in this divorce I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Husband in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Properly Settlement Agreement. I have been advised of and do hereby waive my rights to an attorney to represent me on the issue of the Marital Property Settlement Agreement. Date:_ 2' , 2012 U COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND i j DONALD SCOTT G Y SS: On this, the ]tI day of 014 -4,4?.? , 2012, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CAl'QDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when DONALD SCOTT GRAY whose name is subscribed to the within Waiver of Right to Counsel, executed the same, and that said person acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ha and official eal. L COMMONWEALTH OF PENNSYLVANLA ff Public NOTARIAL SEAL Linda A. Clotfelter, Notary Public Hampden Twp, Cumberland County M commission expires June 21, 2014 EXHIBIT "A" Q") ? -VTTNESS ?DONALD SCOTT GRAY, HUSB ND COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the day of , , 2012, before me, a Notary Public, the undersigned officer, personally appeared SU AN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when PAMELA CATHERINE GRAY and DONALD SCOTT GRAY, whose names are subscribed to the within Marital Property Settlement Agreement, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. COMMONWEALTH OF PENNSYLVAMA NOTARIAL SEAL Linda A. Clotfelter, Notary Public Hampden Twp, Cumberland County commissic;n expires June 21, 2014 C l tary Public 13 PAMELA CATHERINE GRAY, PLAINTIFF VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2009-2746 CIVIL TERM DONALD SCOTT GRAY, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1.1 C: -3. Mal r- zr- 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 1, 2009. The Defendant was served the Complaint on May 13, 2009. o, Vp r? 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 1 consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE PAMELA CATHERINE GRAY Y `.. y r: PAMELA CATHERINE GRAY, : IN THE COURT OF COMMON PLEA,, PLAINTIFF : OF CUMBERLAND COUNTY, : ` : PENNSYLVANIA VS. NO. 2009-2746 CIVIL TERM DONALD SCOTT GRAY, : CIVIL ACTION - LAW r,. DEFENDANT : ACTION FOR DIVORCE n d WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE PAMELA CATHERINE GRAY PAMELA CATHERINE GRAY, PLAINTIFF VS. DONALD SCOTT GRAY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-2746 CIVIL TERM CIVIL ACTION - LAW ACTION FOR DIVORCE AFFIDAVIT OF CONSENT rr, ?.Y.. eSF? ?.P ? ?? ?? 1 < M -: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 1, 2009. The Defendant was served the Complaint on May 13, 2009. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. 1 understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. DATE ON D SCOTT GRAY PAMELA CATHERINE GRAY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA c VS. NO. 2009-2746 CIVIL TERM } DONALD SCOTT GRAY, : CIVIL ACTION - LAW . DEFENDANT : ACTION FOR DIVORCE µ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DAT DONALD SCOTT GRAY i f PAMELA CATHERINE GRAY, PLAINTIFF VS. DONALD SCOTT GRAY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2009-2746 CIVIL TERM' r r l t?t7 CIVIL ACTION - LAW ACTION FOR DIVORCE ccn PRAECIPE TO TRANSMIT RECORD To the Prothonotary: rn 00 01 T- Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Service upon the Defendant, Donald Scott Gray, via Personal Service by Pennsylvania State Constable on May 13, 2009. The Return of Service Certified Mail was filed with the Cumberland County Prothonotary on July 6, 2009. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff. January 27th, 2012 Defendant: January 27th, 2012 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. U 4. 1 certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on January 27th , 2012 by the Plaintiff and on January 27th , 2012 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: February 2, 2012 (??usan?? Kay Can Counsel for Pl PA I.D. # 649 4010 Glenfinrla Mechanicsburg PA 17055 (717) 724-2278 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COUNTY, PENNSYLVANIA PAMELA CATHERINE GRAY, Plaintiff, V. DONALD SCOTT GRAY, DOCKET NO. 2009-2746 ACTION IN DIVORCE Defendant. STIPULATION AND AGREEMENT z? cn r r? <o 3> c-> And Now, this day of 1? ?a -- 20%3. this Stipulation antC Agreement of the parties is hereby made a Domestic Relations Order. -; !? • C'an a/ ? ??a 5vsa? ?or?a?? ?? ray eof,•es file number: 7168-11QD Q rrn xzs 0 M, c:? o C) = °? ' o N ?i"ri C BY THE COURT: rem W'p'Lg o1 olioI12 Ift 4/13/2011 0 IN THE COURT OF COMMON PLEAS OF PAMELA CATHERINE GRAY CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD SCOTT GRAY No. 2009-2746 DIVORCE DECREE AND NOW, _.l t , o%&/ it is ordered and decreed that PAMELA CATHERIN GRAY plaintiff, and DONALD SCOTT GRAY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, Attest. J. Prothonotary co el 4 cor ,J lb ?j c ?' Ingt 6 e (z ?11) ,44 d (?t,a/ /.e) /11