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HomeMy WebLinkAbout01-6917Jennie E. Coleman, Plaintiff Dale R. Coleman, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : DIVORCE, EQUITABLE DISTRIB1 : : : NO. 01- ~<~17 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set foz following pages, you must take prompt action. You are warned that if you fail to do s may proceed without you and a decree of divorce or annulment may be entered again: the court. A judgment may also be entered against you for any other claim or relief r{ these papers by the plaintiff. You may lose money or property or other fights import, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the n you may request marriage counseling. A list of marriage counselors is available in tt Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPEl LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF' NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONt OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU CAN GET LEGAL t Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Coninion Pleas of Cmnberland County is required by law to comply wi Americans with Disabilities Act of 1990. For information about accessible facilities and teas accommodations available to disabled individuals having business before the court, please office. All arrangements must be made at least 72 hours prior to any hearing or business bef( You must attend the scheduled conference or hearing. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 rlON a in the O, the case t you by quested in nt to you, ~arriage, e Office of ~.TY, }RANTED, 'OU DO THE IELP. th the anable ,ntact our re the court. JENNIE E. COLEMAN, Plaintiff Vo DALE R. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6917 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR RULE TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CONTEMPT AND SANCTIONED FOR FAILURE TO ANSWER WRITTEN INTERROGATORIES ORDER OF COURT AND NOW, this 15th day of July, 2002, upon consideration of the attached petition, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE at a hearing scheduled for Wednesday, August 2 l, 2002, at 2:15 a.m., in Courtroom No. Pennsylvania. Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Dale R. Coleman 153 Ridge Road Biglerville, PA 17307-9004 Defendant, Pro Se :rc 1, Cumberland County Courthouse, Carlisle, BY THE COURT, J.~sley Oler, J~) J. ~ VlN',:¢ilkgNN]d OS :6 P.~ 9 t 'ifl[' ZO Jennie E. Coleman, Plaintiff Dale R. Coleman, Defendant : IN THE COURT OF COMMON PLE : CUMBERLAND COUNTY, PENNS' : : CIVIL ACTION - LAW : DIVORCE, EQUITABLE DISTRIBU : . : NO. 01- (oq['-[ CIVIL TERM COMPLAINT The plaintiff, Jennie E. Coleman, by her attorneys, the Family Law Clinic, the following cause of action: COUNTI. DIVORCE UNDER23Pa. C.S. SECTION3301(c),3301(d),AND3301(a OFTHE DIVORCE CODE 1. Plaintiff is Jennie E. Coleman, who currently resides at 153 Ridge Road, Biglerville, Cumberland County, Pennsylvania, since May 13, 1992. 2. Defendant is Dale R. Coleman, who currently resides at 153 Ridge Road, Biglerville, Cumberland County, Pennsylvania, since May 13, 1992. 3. Plaintiff and defendant have been bona fide residents in the Commonweal least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on February 14, 1984 at Shippensbu Pennsylvania. 5. Although Plalmiff and Defendant reside under the same roof, they have Ii separate and apart since approximately January 1, 1998. 6. There have been no prior actions of divorce or for annulment between the AS OF FLVANIA FION ets forth '6) for at rg, parties. 7. The marriage is irretrievably broken. 8. Plaintiff avers that defendant, in violation of his marriage vows under th{ the Commonwealth of Pennsylvania, has offered such indignities to the person of th his injured and innocent spouse, as to render the condition of the plaintiff intolerabl burdensome. 9. Plaintiff has been advised that counseling is available and that plaintiff rn right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce diss¢ marriage. COUNT H EQUITABI.E DISTRmUTION 10. Plaintiff repeats and realleges paragraphs one through nine. 11. Plaintiff and defendant have acquired property during their marriage, in but not limited to, real property located at 153 Ridge Road, Biglerville, Cumberlan~ Pennsylvania. laws of ,~ plaintiff, ,~, and life ay have the lying the :luding, County, 12. Plaimiff and defendant have incurred numerous debts during their ma WHEREFORE, plaintiff requests the court to enter a decree dividing the pm debts equitably between the parties and such other relief as the court deems just. Matthew P. Hughson Certified Legal Intern ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 triage. perty and VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are tru~ correct, to the best of my knowledge, information and belief. I understand making statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unswo~ falsification to authorities. e E. Coleman and ny false Jennie E. Coleman, Plaintiff Dale R. Coleman, Defendant IN THE COURT OF COMMON PLE CUMBERLAND COUNTY, PENNS? CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBU NO. 01- ~/~ (~/~7 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Jennie E. Coleman, Plaintiff, to proceed in forma paupefis. I, Matthew P. Hugh.qon, Certified Legal Intern in the Family Law Clinic, for tl proceeding in forma pauperis, certify that I believe the party is unable to pay the costs am providing free legal service to the party. Matthew P. Hugh~qon Certifie~d Legal Intern THOMAS M. PLACE TERI L. HENNING Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 AS OF ~VANIA FION ~e party and that I Jennie E. Coleman, Plaintiff, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dale R. Coleman, : Defendant. : NO. 01-6917 CIVIL TERM CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION CERTIFICATE OF SERVICE I, Matthew P. Hughson, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Complaint for Divorce with Equitable Distribution Count on Dale R. Coleman, residing at 153 Ridge Road, Biglerville, Cumberland County, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested. Semce was complete upon receipt by Dale R. Coleman on the eighth day of December, 2001, as evidenced by the attached green card. Date: Matthew P. Hughson Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: · Certified Mall i-I Express Mall Certified Fee Return Rece{pt Fee (Endorsement Required) Restricted Delivery Fee JENNIE E. COLEMAN, Plaintiff V. DALE R. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CIVIL TERM MOTION TO COMPEL ANSWERS TO WRITTEN INTERROGATORIES The Plaintiff, Jennie Coleman, by her attorneys, the Family Law Clinic, moves the Court as follows: 1) Jennie Coleman filed a divorce action against Dale R. Coleman on December 7, 2001. 2) On December 18, 2001, Dale Coleman was served with the divorce complaint. 3) On March 14, 2002, Dale Coleman was mailed a set of written interrogatories and, pursuant to Pennsylvania Rules of Civil Procedure 4006, asked to answer or raise objections to any of these interrogatories within 30 days, until April 14, 2002. 4) Dale Coleman has failed to respond to those interrogatories. 5) As a courtesy, on April 12, the Family Law Clinic sent a letter to Mr. Coleman requesting that he answer the written interrogatories by within three days, and did not receive a response. 6) As of the filing date of this motion, the Family Law Clinic has not received a response to its discovery request. WHEREFORE, Jennie Coleman requests that the Court grant this motion and compel Dale Coleman to immediately respond to this discovery request. Respectfully submitted, Date:_ Megar~Malone Certified Legal Intern Lucy Johnston-Walsh SUPERVISING ATTORNEYS FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CIVIL TERM CERTIFICATE _OF SER_VICE I, Mcgan Malone, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy fo the Motion to Compel Answers to Written Interrogatories on Dale R. Coleman at 153 Ridge Road, Biglervillc, Pennsylvania, 17307, by depositing a copy of thc Motion in thc United States ma/l, postage prcpa/d on April 25, 2002. Date~ Certified Legal Intern APR g 8 2007 JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CIVIL TERM IN RE: MOTION TO COMPEL ANSWERS TO WRITTEN INTERROGATORIES O~RDER_ AND NOW, this 2~~ day of~ ?': [, 2002, a rule is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff Jennie Coleman, by and through her attorneys, the Family Law Clinic, and files this Petition to Make the Rule, issued on April 29, 2002, Absolute and states as follows: 1. On April 25, 2002, Jennie Coleman filed a Motion to Compel Answers to the Written Interrogatories which had previously been served on Dale Coleman. 2. On April 29, 2002, the Honorable Wesley Oler, Jr. issued a Rule upon Dale Coleman directing him to show cause why the Motion to Compel should not be granted. 3. Twenty (20) days have passed and no response to the Rule has been filed by Dale Coleman. WHEREFORE, Jennie Coleman requests that the Court make the rule absolute and grant the Motion to Compel Answers to the Written Interrogatories, directing Dale Coleman to answer the interrogatories sent to him March 14, 2002. Date Respectfully Submitted, Certified Legal Intern THOM~ M/PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW DiVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CiVIL TERM CERTIFICATE OF SERVICE I, Megan Malone Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of the Petition to Make the Rule Absolute on Dale Coleman at 153 Ridge Road, Biglerville, Pennsylvania, 17307 by depositing a copy of the Petition in the United State mall, postage prepaid on May 20, 2002. Date Mega~ l~alone Certified Legal Intern JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, Defendant M~Y 2 1 200~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CIVIL TERM ORDER OF COURT AND NOW, this .~ ~ e~ day of M ? --q ,2002, a Rule to Show Cause having been issued and no response having been filed, it is hereby Ordered that Petitioner's Motion to Compel is granted. Dale Coleman is hereby ordered to serve on plaintiff's counsel, the Family Law Clinic, full and complete answers to the Interrogatories within ~ days of this Order. 2. ?aley Oler, Jr. j~' . v/~ JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff Jennie Coleman, by and through her attorneys, the Family Law Clinic, and files this Petition to Make the Rule, issued on April 29, 2002, Absolute and states as follows: 1. On April 25, 2002, Jennie Coleman filed a Motion to Compel Answers to the Written Interrogatories which had previously been served on Dale Coleman. 2. On April 29, 2002, the Honorable Wesley Oler, Jr. issued a Rule upon Dale Coleman directing him to show cause why the Motion to Compel should not be granted. 3. Twenty (20) days have passed and no response to the Rule has been filed by Dale Coleman. WHEREFORE, Jennie Coleman requests that the Court make the rule absolute and grant the Motion to Compel Answers to the Written Interrogatories, directing Dale Coleman to answer the interrogatories sent to him March 14, 2002. Date Respectfully Submitted, Men'one Certified Legal Intem ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CIVIL TERM CERTIFICATE OF SERVICE I, Megan Malone Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of the Petition to Make the Rule Absolute on Dale Coleman at 153 Ridge Road, Biglerville, Pennsylvania, 17307 by depositing a copy of the Petition in the United State mail, postage prepaid on May 20, 2002. Date Megan ll~Ialone Certified Legal Intern JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CIVIL TERM PETITION FOR RULE TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE HELD IN CONTEMPT AND SANCTIONED FOR FAILURE TO ANSWER WRITTEN INTERROGATORIES Plaintiff, Jennie E. Coleman, by and through her attorneys, The Family Law Clinic, hereby petitions this Court to issue a Rule to Show Cause why Defendant shall not be held in contempt and sanctioned for his failure to answer written interrogatories in violation this Court's May 31, 2002 Order. In support of her Petition, Jennie E. Coleman states as follows: 1. Plaintiff and Defendant were married on February 14, 1984. 2. Plaintiff filed this action for Divorce and Equitable Distribution on December 7, 2001. 3. On March 14, 2002, Plaintiff's counsel mailed Defendant a set of written interrogatories. 4. Pursuant to Pennsylvania Rules of Civil Procedure 4004, Defendant was asked to answer or raise objections to any of these interrogatories within 30 days, by April 14, 2002. Defendant has never answered the interrogatories nor filed an objection to them. 5. Plaintiff filed a Motion to Compel Answers to Written Interrogatories on April 25, 2002. 6. Pursuant to a Court Order entered April 29, 2002, Defendant had 20 days in order to show cause why the relief requested in the Motion to Compel Answers ought not to be granted. He did not respond. 7. On May 2, 2002, Plaintiff filed a Petition to Make Rule Absolute requesting the Cour~ to Order Defendant to answer the written interrogatories. 8. Pursuant to a Court Order entered on May 31, 2002, the Defendant was ordered to serve on plaintiff's counsel, the Family Law Clinic, full and complete answers to the Interrogatories within 20 days of that Order. 9. As of the filing date of this Petition, the Family Law Clinic has not received a response to Plaintiff's interrogatories. WHEREFORE, Plaintiff, Jennie E. Coleman, respectfully requests that this Honorable Court enter a Rule to Show Cause why the following relief should not be granted: 1) Finding Defendant, Dale R. Coleman to be in. contempt of the May 31, 2002 Order; 2) Ordering Defendant to provide verified answers to the Plaintiff's Written Interrogatories no later than ten (10) days after entry of the Order; 3) Pursuant to Pa. R. Civ. P. 4019 relating to Sanctions, order Defendant to pay Plaintiff's attorney's fees and impose such other sanctions as this Court deems appropriate. To date, the student attorney has spent 17 hours to try to get Defendant to answer the written interrogatories. At $14 per hour this is $238. Respectfully Submitted, egan~l~/,lalone Certified Legal Intern THOM~ M~. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 (717) 243-2968 JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, · Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CIVIL TERM CERTIFICATE OF SERVICE I, Megan Malone, Certified Legal Intem, hereby certify that I am serving a tree and correct copy of the Petition for Rule to Show Cause Why Defendant Should Not Be Held In Contempt and Sanctioned for Failure to Answer Written Interrogatories on Dale R. Coleman and Jennie E. Coleman, both at 153 Ridge Road, Biglerv/lle, Pennsylvania, 17307, by placing the same in the United States Mail, postage prepaid, on this l0th day of July, 2002. Date: Megan l~done - Certified Legal Intern JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : DIVORCE EQUITABLE DISTRIBUTION : NO. 01-6917 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of August, 2002, upon consideration of Plaintiff's Petition for Rule To Show Cause Why Defendant Should Not Be Held in Contempt and Sanctioned for Failure to Answer Written Interrogatories, and following a hearing held on this date at which Plaintiff presented evidence which supported her position Defendant should be cited for contempt as the result of his failure to comply with an Order of Court dated May 31, 2002, and at which Defendant did not appear either in person or through counsel, and Defendant having failed to respond to the rule issued by this Court on July 15, 2002, the Court finds that the Plaintiff has sustained her burden of proof with respect to issuance of a citation for contempt upon the Defendant, and the Defendant is hereby cited for contempt. A final hearing in the five-step contempt procedure is scheduled for Friday, August 30, 2002, at 11:00 a.m. in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place the Defendant is directed to appear. Defendant is hereby notified that a bench warrant will be issued for his arrest in the event of his failure to appear at that time and place. By the Court, Megan Malone, Certified Legal Intern Thomas M. Place, Esquire, Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Plaintiff Dale R. Coleman 153 Ridge Road Biglerville, PA 17307 Defendant pcb JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : DIVORCE EQUITABLE DISTRIBUTION : NO. 01-6917 CIVIL TERM ORDER OF COURT AND NOW, this 30th day of August, 2002, upon consideration of Plaintiff's Petition for Rule To Show Cause Why Defendant Should Not Be Held in Contempt and Sanctioned for Failure To Answer Written Interrogatories, and following a second hearing in the five-step contempt process, and the Defendant having at the last hearing been cited for contempt, the Court finds that the Defendant has intentionally, voluntarily and willfully failed to comply with the Order of Court dated May 31, 2002, and he is consequently adjudicated in contempt. The sentence of the Court is that the Defendant undergo imprisonment in the Cumberland County Prison for a period of 6 months. The condition of purge with respect to the sentence is that the Defendant answer fully and without objections and in verified form the interrogatories which are the subject of this petition and serve said answers within 20 days of today's date. Since the condition of purge can be met within a 20 day period from today's date, the Defendant need not report to the Cumberland County Prison at this time. In the event that the Defendant has failed to comply with the condition of purge provided in this order on a timely basis, he shall report to the Cumberland County Prison to serve the term of imprisonment provided for herein on Friday, October 4, 2002, at 9:30 a.m. without further order of court. By the Court, Megan Malone, Certified Legal Intern Lucy Johnston-Walsh, Esquire, Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 For the Plaintiff Dale R. Coleman 153 Ridge Road Biglerville, PA 17307 Defendant pcb CCP September 18, 2002 Family Law Clinic Attention: Megan Malone; Certified Legal Intern 45 North Pitt Street Carlisle, PA 17013 Re: Coleman v. Coleman Docket No.: 01-6917 Dear Ms. Malone: Endosed please fred the Answers to Plaintiff's First Set of Interrogatories as well as the supporting documentation requested by your office. Kindly alert Judge Oler's office that this has been received and that the condition of purge has been satisfied. Sincerely, Dale Coleman 153 Ridge Road Biglerville, PA 17307-9004 cc: Honorable J. Wesley Oler, Jr. Jennie E. Coleman, Plaintiff, Dale R. Coleman, : Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, EQUITABLE DISTRIBUTION NO. 01-6917 CIVIL TERM PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS cO c~r~ [o PLAINTIFF'S INTERROGATORIES Pursuant to Pennsylvania Rules of Civil Procedure 193'0.5(b) and 4005, the Plaintiff propounds the following Interrogatories to the Defendant, which must be answered fully, under oath, within thirty (30) days of service hereof. If any Answer requires more space than follows the interrogatory, attach the Answer(s) to the interrogatories. 1. EMPLOYMENT Please state each and every form of employment you had from the date of marriage until January 1998 including: The name, address and date of employment of each and every person or company by whom you have. been employed; NAME ADDRESS DATE OF EMPLOYMENT A. SKF --T~DIJ--~-~--TE--~ .q;~Tpp¢l~gl~fl~_G Da MARRIAGE JU.NE !996 B. ADDECO CHAMBERSBURG PA MARCH 1997/JULY 1997 C. ON SITE HARRISBURG PA JULY 1997/JUNE 1998 D. CONSOLIDATED FREIGHT CARLT~qI.R PA 2, PENSIONS, RETIREMENT ACCOUNTS, PROFIT SHARING PLANS For each employer from the date of marriage until January, 1998, state whether you participated in a pension or retirement plan including: The employer, whether you participated in a pension or retirement plan, and the value of the pension or retirement plan. EMPLOYER PLAN (yes or no) A. SKF INDtLqrPW T ~.q YES B. ADDECO NO C. ON SITE NO D. E. F. G. Please also list the date you are entitled to receive retirement or pension benefits and/or the amount of funds that were disbursed during the marriage and/or after January 1998. EMPLOYER DATE OF RECEIPT AMOUNT DISBURSED A. SKF INDUSTRIES AFTER 11/12/20 $435.00/MO B. C. D. E. F. G. For each pension or retirement plan, please attach a copy of all documents relating to the plan including, but not limited to, a copy of each plan and all statements relating to contributions and values. 2 VALUE $435.09/M9 Te ~E PAID AT FULL RETIREMENT AGE 3. BANK ACCOUNTS Please list each and every checking account, savings account, stock, bond, life insurance Policy, and contents of a safe deposit box including: The type of account, the number of the account, and the current balance or contents Within each. ACCOUNT TYPE NUMBER BALANCE/CONTENTS A. ORRSTOWN BANK/CHECKING 108005376 $359.00 4. PERSONAL PROPERTY A__. Please list all personal property which you owned or possessed as of December 7, 2001 (the date this action was filed), as well as all property transferred within three years prior. This list should include, but not be limited to, anything held in a storage locker, motor vehicles, household goods, appliances, or other personal property in which you have or had any interest. For each item please include: The date of purchase, the estimated present value, the estimated value at the date of separation (January 1, 1998), and the present location. ITEM DATE OF EST PRESENT VALUE AT LOCATION PURCHASE VALUE SEPARATION B. C. D. E. F. G. H. 1978 CHRYS, UNK. $100.00 $100.00 W/DEFENDANT 3~ K. Please also list for each item, the names and addresses of each other person with an ownership interest in the item. ITEM NAME/ADDRESS A. B. C. D. E. F. G. H. I. J. K. L. OWNERSHI~ INTEREST B. If the item was given or sold to someone else, list the date of transfer, the amount paid for the transfer, and the person to whom the property was transferred. ITEM TRANSFER AMOUNT PAID TRANSFERRED DATE TO B. C. D. E. __C. Please attach any and all receipts, appraisals, bills, etc. for th¢ items listed above. 5. REAL PROPERTY A_. For any and all real property in which you have ever owned or had an ownership interest in since February 14, 1984, please list the following information: A. B. C. Property Address: 53 RIDGE RD. 153 RIDGE RD. ~iiCLF. RVTM ? = '~a EIGLE.~.VI~ ' '" Description/Type: 973 10x50 ELCON 1 .5 ACRE LOT Date purchased: ~IARCH 1992 1990 Cost of purchase: $1800.00 $24.500.00 Date sold: ~xx Amount of sale: Amount paid down: $!S99.09 Amount of mortgage: xxx $45,000.00 Bank which held mortgage: xxx PNC BANK Amount currently left XXX $32,000.00 of mortgage: Balance due as of Jan 1998: $0 Present value: UNKNOWN Value as of Jan 1998: UNKNOWN Name and address of JENNE COLEMAN all co-owners: Extent of co-owner' s 50 % interest: B_. Please give the following information relating to the log home: Cost of log home kit when purchased: Date log home kit purchased: 1 990 Method of payment for the log home kit (i.e., cash on hand, borrowed money, etc.) KIT PAID WITH PROCEEDS OF SALE OF PRIOR HOME: REMAINING COSTS MORTGAGE C. Please attach a copy of any and all documents relating to your ownership of or interest in any property listed above, including but not limited to, deed documents, mortgages, settlement/closing documents, receipts, appraisals, tax bills, etc. 6. DEBTS For each and every debt you currently have, or had as of January 1998, please list the following information: .4. For Current debts: Name/address of person, company, bank, etc. who you currently owe money to: PNC BANK Who incurred the debt: PLAINTIFF AND DEFENDANT Date debt incurred: 1990 Amount of original debt: $ 4 5,0 0 0.0 0 Reason debt incurred: ' PURCHASE OF PROPERTY Current balance: Payments made since January 1998 $32t000.00 $220,53 BI WEEKLY B__. For debts as of January 1998: Name/address of person, company, bank, etc. who you currently owe money to: Who incurred the debt: Date debt incurred: Amount of original debt: Reason debt incurred: Balance as of January 1998: Payments made since January 1998: Present unpaid balance: _C. For each debt, please attach any copies of documents relating to debts, or records of payment. Please include any documents concerning debts that were paid and documents conceming debts that are outstanding, which were incurred during the time period of February 14, 1984 until January 1, 1998. 7. INCOME Please state each and every form of income which you now have including: Income from employment; whether such income is on an hourly, salary or other basis of compensation; average number of hours you regularly work including any ox(ertime, whether mandatory or voluntary; additional amount you receive for overtime hours; and the amount received for bonuses, if any. EMPL BASIS AVG HOURS AMT FROM AMT FROM OF COMP WORKED OVERTIME BONUSES 'overtime, etc.) UNEMPLOYED UNEMP_ ~IDMP. D (} 0 B. $371 . 00/WEEI~ C. D. E F. G. H. '7 Please also include the amount deducted from your gross salary per pay period for federal income tax, state income tax, social security contributions, life insurance, health insurance, pension plan(s), profit sharing plan(s), and any other deduction (specify in detail). FED STATE SOCIAL INS PLANS OTHER ;ECURITY DEDUCTIONS B. C. D. E. F. H. Please list any other income, from any source other than those listed above including, but not limited to unemployment compensation, worker's compensation, public welfare benefit, social security benefits, pension, annuity, inheritance, lottery prizes. A. B. C. D. E. F. G. PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Rules 4009.11 and 4009.12 of the Pennsylvania Rules of Civil Procedure, you are requested to produce the documents listed herein for inspection and copying at the Family Law Clinic, 45 North Pitt Street, Carlisle, Pennsylvania 17013, within thirty (30) days of service hereof. Designate the question to which each document is believed to respond to. The Request for Production of Documents shall be deemed continuing, requiring new responses as you receive new information, as required under Pa.R.C.P. 4007. Date: Respectfully Submitted, Megan Malone Certified Legal Intem THOMAS M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ~ oo~ ZZ'zzzzzzzzzzzzzzzzzzI z ,  z z zzzzzzz z~zzzz zI zz O00000~~l~~ O0 ~ Z ZZ:Z Z Z Z Z Z Z Z Z ZZ Z Z Z Z Z Z oooo~oo, o~~~-~o ZZZZZZZZZZZZZZ~ mmmmmmmm~:zzzzzzzzzzzzO m z ..q o © m '-ri ITl 'T ..q ~ '-r 0 ~ ~,~m >> ~-<~ ;3 .r. 'mr (") rn 0 ,..4 m m> Z m rn I" --I Z ffi I'- 0 0 m~ ~m m 0000000000000000000000000000 I AGREEMENT FOR THE SALE AND PURCHASE OF REAL ESTATE This form recommended and approved for, but not restricted to, use by members of the Greater Harrisburg Board of REALTORS® REALTOR' AGENT FOR SELLER PA. LICENSED BROKER ~i~ ~r~m~nt, made this ~ day of ~ ~1 ~ 19 ~. hereinafter c~led Buyer. 2. PROPERTY: Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase: ALL THAT CERTAIN Lot or piece of ground with buildings and improvements thereon erected, if any, known as: C~ot~ . 3. ZONING: Zoning Classification (Not required for single family dwellings). 4. TERMS: (? Purcha ioc~ Il O ~ ~ - (m ~ 3. ~ O'O. ~ ) to be paid to the Seller by the Bayer ~ follows: (b) DEPOSIT Ch~k ~ C~h ~. Note ~ al the sianin{ of this ~ ~. ffNote, to~red~med .... ~forethe M/~ davof ~1 ~ Sc) ADDITIONAL DEPOSIT due on or before the (a) CASH or CERTIFIED CHUCK at ~nl=ment .................................................. $ ~_~_~.~-- TOTAL ....S ~ (~) WrincnapprovalofScll .... b .....bcforethc I ~ __dayof__ K~ ...... ,9 ~. ~a} If contingent, mortgage principal amount $__ ~ ~ ~ ~ · ~ Ty~ I ~ ~~ Minimum Term ~ blANIMUM INITIAL INTEREST RATE ~ ~ ~ ~. TERMINAL DATE for Obtaining Mortgage Commitment _ ~ ~ I 6. SI'AFLIS OF ~'ATER AND SEWER: Seller ,,arras, ihs{ mhis properb i~ ser, iced by ._~ ~ ..... .tcr and The I:luyer will pa~' for the following: (1) Thc premium for tille insurance, mechanics lien insurance and/or title search, o~ I'~ for cancellation of same, if any. (ii) The premium for flood insurance and/or I~re insurance with extended coverage, insurance binder charges or cancclialion Ice, if any. (fy) ltuyer's normal settlement cosls and accruals. Addendum Given under my ha~nd tk¢ seal of ~h¢ said o~ the date above written. 2~l-CT--Warranty Deed--Short Form---A~ [909--Doubla Sheet Henry Hall, Inc., Indiana. Pa. MADE THE of our Lord one thousand nine hundred eighty-nine (1989) in the year BETWEEN WAYNE E. NOSS and BONITA S. NOSS, his wife, of South Middleton Township, Cumberland County, Pennsylvania, and ROBERT W. SHEARER and EVELYN F. SHEARER, his wife, of Monroe Township, Cumberland County, Pennsylvania, and DALE R. COLEMAN and JENNIE E. COLEMAN, his wife, of Biglerville, Adams County, Pennsylvania, Grantor s Grantees : WITNE$SETH, that in consideration of Twenty-three Thousand Five Hundred · ( $23,500.00 ) Dollars, tn handpa/d, the receipt Whereof is hereby a~knowledged, the said grant~r s do hereby gra~ and convey to the said grantee s, their heirs and assigns as tenants by the entireties: TRACT NO. 1 ALL that certain tract of land lying and being situate in Big Flat in South Mountain, Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point in middle of State Forestry Road, known as Ridge Road and in line of land now or formerly of Chester A. Russell and Mary Elsie Russell, thence by land new or formerly of Chester A. Russell and 5lary Elsie Russell South 50 degrees East 165 feet to a ccrner; thence by land now or formerly of the same, North 40 degrees East 206.57 feet to a corner; thence by land now or formerly of Norman E. King South 49 1/2 degrees East 35 feet to a corner; thence by other land now or formerly of s~id Paul Reese and Edna M. Keese, his wife, South 40 degrees West 306.5 feet to a corner; thence by other land now or formerly of Paul Reese and Edna M. Reese, his wife~ North 50 degrees West 200 feet to a point at side of said Ridge Road; thence alen~ said Ridge Road North 100 feet to a point in middle of said Ridge Road at place of BEGINNING. CONTAINING .625 acre. BEING the same premises which David E. Russell and Hazel M. Russell, his wife, by their deed dated July 20, 1982, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania~ in Deed Book "V", Vol. 29, Page 717, granted and conveye~ unto Wnyne E. Ness and Bonita S. Noss~ his wife~ an~ Robert W. Shearer and Evelyr F. Shearer, his wife, Grantors herein. ALL those two (2) certain adjoining lots of ground, situate in Southampton Township, Cumberland County, Pennsylvania, with a cabin erected thereon, and known as Lot Nos. 24 and 25 in a Plan of Lots of Richard and Kathryn Carson, the said real estate being more fully bounded and described as follows: BEGINNING at a point in the center line of a road leading from the Shippensburg-Caledonia Road and extending to Mt. Holly, at line of land now or formerly of Norman E. King and Helene C. King, his wife; thence by said land, now or formerly of Norman E. King and Helene C. King, his wife, South forty-nine (49) degrees, fifty (50) minutes East, one hundred sixty-five (165) feet to a point at line of other lands of Dorothy A. Russel!., et al; thence with the same, South forty (40) degrees West, two hundred six and fifty-seven hundredths (206.57) feet to line of Lot No. 26 of Dorothy A. Russell, et al; thence with the same, North fifty (50) degrees West, one hundred sixty-five (165) feet to a point in the center line of said Road; thence with the center line of said Road, North (40) degrees East, two hundred seven and five hundredths (207.5) feet to a point in the center line of said road at line of land now or formerly of Norman E. King and Helene C. King, his wife, the first mentioned point and place of BEGINNING. BEING the same premises which Dorothy A. Russell, by her deed dated August 21, 1984, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "V", Vol. 30, Page 1033, granted and conveyed~unto Wayne E. Noss and Bonita S. Noss, his wife, two of the Grantors herein. 613 / SehoM Di~t. Cumb. Co., Pa. ...5 % Real Emete Transfer Tax :: And the said grantor s hereby covenant and agree that they . will warrant special ly the proper~y hereby conveyed. IN WITNESS WHEREOF, said grantors the day and year first above written. ha vehereunto set their hands and seals Wa~he E. ~oss ~ ...... ..................... Bonita S. Noss ~ R3bert W. /~h~ e~r~r ...... ~ ~s..~..>~_.~-~z.~_ .................... ~ Evelyfl F. Shearer State o/ Pennsylvania [ss. County of Cumber l anS~ ~t. ~ ~ ~ On this, the day of ~-~ , 19 8 9 , be/ore me, the undersigned o~eer, personally appeared Wayne E. Nose and BOnita S. Nose, his wife, known fo me (or safis/actorily proven) fo be the person s whose name s are subscribed within instrument, and acknowledged that they executed same for the pur~o~e~kq{~ contained · '~'~ ' .,' : 2'" IN WITNESS WHEREOF, I hereunto set my hand ami official seal· , ^ :~' · .-,:. ~ ~..'.'C -~. I NOTARIAL SEAL I ................................................................. ~' ' ' ;,'"' ~'~' ' ''~;'' ""..: i( ~.~,,~ .' I MICHAEL R IIUNOLE. NOTARY PUBLIC i -,'~5 '~?'... ~,~n~?e~.· .. ~ CARLISLE BORO CUMBERLAND COUNTY ~ ................................................... -.------.--.----.--.--." "...; ' ,/'(0'~',;' ' <-";:',. 8tare of Pennsylvania County of C.u~%~qoa-~ tss' ~ this, the %'~' day of .~5~ ~ , ~0 8~, before the undersigned olIicer, personally appeared Robert W. Shearer and Evelyn F. Shearer, his wife, known ~o me (or safis/actorily proven) fo be the persons whose names are subscribed ~o the within instrument, a~l acknowledged that they e~cecuted same for the pu?'pose~.¢her, ei~ contained ..... "~.i~f~ .... IN WITNESS WHEREOF, I hereu, f,o sef, my .t.uznd and oi~¢uzZ ram ~SLE SOSO CUMB[R~NO gOUNTY I ..... , . -./, , .,. ,SS - A. SETTLEMENT STATEMENT u s Departmenl ol Housing and Urban Development r -~ COMHONWEALTH LANDTITL[ INSUP~,NCJ[ COHPANY OMB No, 2502-0265 B. Type of Loan 1. C"1 FHA 2. [] FmHA 3. O Cony. Uflins 8 mm~,,m, ~ Lw.,,.., 4. ~ VA 5, ~ Cony. ins. 890 Dale E. & Jennie E. Coleman Wayne E. & Bonita S. Noss CCNB Cabin/Ridge Road Southampton T~., Cumberland Co. CCNB 8/15/8~ Carlisle, PA 17013 J. SUMMARY OF BORROWER'S T~N~ION ~ SUMMARY OF SELLER'S TRANSA~ION I~ ~ M0~ D~ ~ ~ G, ~ M~T IOL ~t~ 23}500.00 ~1, ~bKt~lKpr~e 23,500.00 1~ ~c~ (li~1~) 576.25 , ~ ~ ~ ~ ~ ~ in ~ M~ ~ items ~ a~/~ 8/]5/89~ ~2/3t/S9 ]i.~6 ~ Ci~/~8/~/89 m E2/3~/89 ~.~6 107. ~ ~ ~7. ~n~ 1~. ~e ~ ~. ~int~e 11~ ~ 8/1~/89 ~ 6/30/90 115.68 41~ ~nt~ee 111. ~ 411. School Tax 8/15/8~ 6/~0/90 ~15.~8 11~ ~ 41Z 24,203.49 ~ ~ P~ ~ ~ ~ ~ ~ ~ ~. ~DUCT~ ~ ~O~T D~ TO SELLER: ~1. ~sit~oa~t~ 2,000.00 ~1. ~cessd~it(s~insh~) 2.000.00 ~. ~i~ ~s) ~k~ ~ ~ ~. ~isti~ I~s) ~ken s~t ~. ~nt F~ ~. P~fl of first mor~a8e ~. ~. ~ff of s~ mo~e I~n ~ ~.Payoff of ~1] loa~s to CCNB 1~855.2~ ~7. ~7. ~s~n~ ~ i~ un~id by ~ier: Mjus~en~ ~r items u~id ~ ~ller: ~10. ~/~xes ~ 510. Ci~/~es to 211. ~n~ ~ 511. C~n~Taxes 21~ ~enh ~ 51~ ~se~ments 513. ~te~e 213. ~a~s ~ 514. ~t~ 214. ~ 515. 215. ~ 516. to 216. ~ 517. 217. ~ 51& 21~ ~ 619. 219. ~ ~. TOT~ R~ ~ONT DUE ~LLER: ~. TOT~ P~ DYeR B~ 20.500.00 23.~27.2~ ~. ~ AT ~M~ ~0 ~& ~. ~ AT S~EMENT TO/~OM SEL~R: ~1. ~ntdue~r (fi,e1~) 2~203.~ ~1. Gr~a~ntd~etoseller flme4~O) ~ ~ssa~nh~id~/f~ (li~e~) ~0~500.0~ ~ L~to~lreduc~sie~,ntd~selter ~. ~ (~ FR~) (~ T~ B~R: ~. ~ (~ TO) (~ F~ ~L~ 3~703.~9 -0- pAiD FRAIl SELLER'S FUND~ AT SETTLEMENT L. SETTLEMENT CHARGES 700, TOTAL SALES/BROKER'S COMMISSioN Based on price $ 23,5OO.OU Division ot commission (line 700) as follows: 701. $ ],410.00 to R. L. Smith & Associates 7OZ. $ to 703 Commission paid at settlement PAiD FROM RODIOWER'S FUNOS AT SETTLEMENT 1,4 I0.00 ,_ ~OO. ITEMS PAYABLE IN CONNECTION WITH LOAN. 80L Loan Origination fee % '802~'~-oan Discount % 803. Appraisal Fee to -8~. Credit Report to - 80$~eoder's_!n~pection fee 806. Mortgage Insurance application fee to 807. Assumption Fee 808~-~mmitment Fee 809.-FNMA P~)c'e{sing Fee - 810.-Pictures --8£E.' 900. IIEMS REQUIRED BY LENDER 10 RE PAID IN ANVANCL 901. Interest from to ~ $ /day -90~-MbitRage insurance premium for mo. to 903. Hazard insurance premium for yrs. to 604. FIo~d Insurance )'rs. to gO5. 1000. RESERVES DEPOSITED WITH LENDER lOOt. Hazard insurance mo. @ $ permo. 1002. Mmtgag~ insurance mo, @ $ per mo. ' i003: -City [~r(~p~ity-taxes mo. @ $ per mo. ]004. County ~rbperty taxes mo. ~ $ permo. 1005, Annual asses~l~nts (Maint.) mo. @ $ per mo. 1006. SchooI-Pr~erty T~es mo. @ $ per mo. lO0?.-Water Oist. Prop~ Tax mo. ~- per me. 10081 FloOd Insurance me. ~ $ per me. 1009:-- mo. @ S p, er me. .HO0. TITLE CHANGES; 1101. Settlement or closing fee to Forest N. Myers, Esquire )00.00 1102. Umtract or title search 1103: TiUe examination to -1 lb4.~itle insurance binder to 125.00 1105. Document preparation to "i 106~ Notary fees to 1107. Attoraey's fees to to (includes above items No.: IlO& TiUe insurance to Fowler} Addams} ShuKhart & Rundle Forest N. Myers, Agent for CL._TlC (includes above items NO.: ] 109.- gender's coverage $ 1110: 0wne~'s ~)ve~e $ ]111. Escrow Fee - ~ 12~ R~tri~ions 3.00 214.25 2.00 1113. Messenger Service -£]]4. 1200. ROVEtlNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deeds 12.00 Mortgatle$ 12.00 Releases$ 24.00 -i202~--City/county ta~/stamps: Dued $ 235.00 Mortgage $ 235. O0 1201 State tax/stamps: Deed $ 235.00 Mortgage $ 235.00 -]~04~ To{ Certificates ' 1205: ]300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302~-Pest inspection to ]303: 1304. 1400. TOTAL SETTLEMENT CHARGES (entered on lines tO3. Section J and 502. Section K} 576.25 1.772.1)0 SEE PAGE 3 FOR CERTIFICATION AND SIGNATUP~S B3092 (Rev. 6186) Dealer Kermit [.lasser SALES CONTRACT Ward Cabin Company d/b/a WARD LOG HOMES Houlton, Maine 04730 CONTRACT No. 89090501 Reversed Date of Order September 5, 1989 PJanNo(;edar V~]l~ Purc, hase, PcJoe _$25.980.00 basic 'u ~4.on urawl bpac~.o,e. Purchaser Dale Coleman Address RD #1 Bio Flat Road. Btalerville. PA Ship To (Please Print) Dale Coleman Street City Shippensburq State PA Via: (Check One) Truck [] Rail [] Requested Shipment Date The undersigned Purchaser(s) hereby purchases and Ward Log Homes (hereinafter'"Ward") of Houlton, Maine 04730, hereby sells and agrees to deliver to Purchaser(s) F.O.B., Ward's plant at Houlton, Maine the materials, items and special details (hereinafter "goods") set forth in the specifications attached hereto and initialed by the parties in accordance with the plan herein designated. The Riders here listed and attached are incorporated herein by reference: Estimated Price Sale Price $25,980.00 2% Cash Discount $ 519.60 Sales Tax PA 6% $ 1,527.62 Final Sales Price '$26,988.02 Credits Plan Deposit 9/1/89 $ 250.00 Other Credits Balance $26,738.02 Deposit with Order Balance Due in Advance Balance Due Upon Delivery Method of Payment pa.vment in full with order; Certified Check. ORDER ACCEPTED WARD LOG HOMES / /' Its / ,d'; ,~, ,~ Z" .-. ~ / hereunto at Houlton, Maine DATE ..../~' --~ ' ': '~ ~ "d ' It is understood and agreed that the down payment shall not be refunded if delivery is refused or if order is canceled by Purchaser. Any and all sales taxes are to be paid by Pur- chaser in addition to purchase price. THE UNDERSIGNED HEREBY ASSENTS AND AGREES TO ALL CONDITIONS OF SALE HEREIN, AND CERTIFIES THAT THE SAME HAS BEEN READ AND UNDERSTOOD BY HIM. THIS ORDER SHALL NOT BE BINDING UNTIL EXECUTED BY THE DULY AUTHORIZED REPRESENTA- TIVE OF WARD LOG HOMES AT HOULTON, MAINE, IN ACCORDANCE WITH CONDITIONS OF SALE HEREIN. Purchaser Date Witness Dealer' Date ANY AND ALL CHECKS, MONEY ORDERS, AND OTHER MONIES FOR THE DOWN PAYMENT, PLANS OR ANY PART OR ALL OF THE PURCHASE PRICE MUST BE MADE PAYABLE TO "WARD LOG HOMES" AND RECEIVED BY SAID WARD LOG HOMES AT HOULTON, MAINE. CONDITIONS OF SALE The undersigned Purchaser(s) hereby agrees to the condil~ons of sale herein set forth (AND CONTINUED ON REVERSE). CONDITIONS OF SALE 1. The prices herein stated are firm for 180 days within which Purchaser shall reserve a shipment date providing a 5% payment be made with the Order and a 20% payment be received in the office of Ward no later than 90 days from the contract date or 30 days prior to the reserved shipment date, whichever is sooner. On 50%o payment with the Order, the prices herein stated are firm for 270 days within which Purchaser shall reserve a shipment date. On 100% payment with the Order, the prices herein stated are firm for one year within which Purchaser shall reserve a shipment date. Otherwise prices herein stated are firm for 15 days from the "date of Order". If Ward is unable to ship within 60 days of the reserved shipment date through no fault of Ward, it may amend the prices for the goods to its then current prices or cancel the contract at its sole option. 2. If Ward is unable to furnish any item or items checked on order, it reserves the right to delete this or these items and adjust the final sales price accordingly or to make substitutions on notice to the Purchaser and dealer. 3. No claims for shortages or improper material will be made by Purchaser after thirty (30) days from date of delivery, and all improper or excess material shall be returned to Ward at the building site. 4. Any additions or deletions in materials made by the Purchaser after execution of this contract will affect the price shown on this order and final price will be adjusted accordingly at time of shipment. 5. Alt balances due Ward thirty (30) days after first shipment of materials shall bear late charges at the highest rate of interest allowable under law. 6. Shipment will be made by Ward on the proposed shipment date or as soon thereafter as possible. Ward shall not be liable for late delivery. 7. The down payment received by Ward shall be returned by it only if shipment is not made by fault of Ward. Failure to ship caused by government laws or regulations, war, strikes, or other unavoidable causes shall not be considered fault of Ward. 8. Shipment by truck is contingent on the suitability of roads for large trailers. In quoting prices and other information concerning transportation, Ward is acting as agent for the Purchaser in procuring prices and such information and shall in no way be liable for any negligence or breaches of any carrier. 9. This contract shall not be binding on Ward until signed by the Purchaser and accepted by a duly authorized representative of Ward. Dealers are not such authorized representatives. 10. Ward shall have a security interest and lien in the goods covered by this order after shipment which shall secure the sums due under this contract and any other sums due from the Purchaser to Ward. Purchaser agrees to execute and deliver all documents necessary to perfect said security interest or lien on request. 11. In the event that payments are overdue on this contract, and Ward turns the same over to an attorney to collect, the Purchaser agrees to pay in addition to other sums due hereon a reasonable attorney's fees, and costs of suit. 12. Because of the multiplicity of building codes generated by municipalities, counties, states and the Federal Government, Ward does not guarantee that its specifications meet all codes in all areas now or in the future. Ward will, however, work with any customer towards meeting a specific code. 13. Ward assumes no responsibility for any design changes or structural weaknesses caused or contributed to bY devistions from the plans. 14. Because of dimension changes which devalop as natural wood ages, Ward makes no guarantee, written or implied, that a new Ward log building addition made to an older existing Ward log building will result in an exact match. There may be some dimension differences which may be apparent and must be adjusted to during the process of attachment. 15. Ward warrants that the goods manufactured by it and sold to Pumhaser when delivered to Purchaser (and not afterward) are free from unreasonable defects in workmanship, design and quantity, and that it will replace (or pay for a reasonable substitution at its sole option) any defective item, provided it shall receive a written claim therefore within 30 days of said delivery to Purchaser. WARD LOG HOMES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY AFFIRMATION OR PROMISE, DESCRIPTION, SAMPLE, MODEL OR OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE EXCEPT AS ABOVE STATED. WARD SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER CLAIMS OF LOSS OR DAMAGE EXCEPT AS ABOVE STATED. 16. Any provision hereof which may in whole or in part be unenforceable under the laws governing this contract shall be void without affecting the validity of the balance of said provision or part thereof. 17. This agreement contains the whole contract hereto between the parties, and no oral agreements or statements can amend or change the same. All changes shall be in writing and be signed by the Purchaser and Ward by its duly authorized representative. Dealers are not such authorized representatives. 18. This is a State of Maine contract and shall be governed by the laws of Maine. Purchaser Page: 1 Document Name: untitled PYF ACLS DSNW PAYOFF DATA INQUIRY CFN NFN 00040 001 000000000760036251 NXT PAYOFF : 25,519.81 GOOD THRU: 09/18/2002 INTEREST : NEXT : INSURANCE: DOLLAR/DA: 7.6793 LATE CHRG: CUR MAT DT: 10/13/2009 RESERVE : CLS DATE : EXTENSION: INT DATE : 09/18/2002 DUE GOV'T: INS DATE : 01/01/2099 RECUR FEE: MINIMUM : EXPENSES : PENALTY : FRONT FEE: TO PROJECT PAYOFF... STOP/INT : ENTER DATE: INS : REASON : LOG HISTORY: DLR : PAYOFF : FEF : COMMENT: CRG DWN: COLLATL: 000760036251 ***** C U R R E N T ***** BALANCE : 25,481.41 38.4O XXXX 09/18/02 14: DIS SHORT NAME: COLEMAN D TYPE : 40 STATUS : REC CD : 2 STOP ACC: ACC CD : 9 DIRECT : REBT CD: DELAY : TERM : 217 DAY/BASE: REPAY : 11 SPL/TIER: PYF/COF REASON: RATE/APR: .11000 NOTE DAT: 07/10/19 NOTE AMT: 45,000. SCHED BL: 45,000. DUE DATE: 08/27/20 DUE AMT : 220. PAST DUE: 441. PF KEYS I-HELP 2-MAIN 3-LOGF 4-PREV MENU SCREEN Date: 9/18/2002 Time: 2:32:00 PM TAX Y~AR 2002--03 REAL ESTATE TAX NOTICE .~.~o~Ag~NSBURG AREA SCHOOL DISTRICT VIVIAN F COY SOUTHAMPTON TOWNSHIP BLDG 200 AIRPORT ROAD SHIPPENSBURG PA 17257 ** SCHOOL ** 280.33 286.04 Acc~ Ho 39-16-022~-013 COLEMAN, DALE R & JENNIE E 153 RIDGE ROAD BIGLERVILLE PA 17307 IF TAXES ARE IN ESCROW, FORWARD THIS BILL TO YOUR MORTGAGE COMPANY 2002-03 REAL ESTATE TAX NOTICE ......... ~.~g~NSBURG AREA SCHOOL DISTRICT VIVIAN F COY SOUTHAMPTON TOWNSHIP BLDG 200 AIRPORT ROAD SHIPPENSBURG PA 17257 280.33 286.05 ACCT NO 39-16-0224-013 COLEMAN, DALE R & JENNIE E 153 RIDGE ROAD BIGLERVILLE PA 17307 DATE A.gSES,F,N~ENT B~LL NO Cl AUGUST 1 2002 28,720 317 AUG-SEPT MON& WED 4-6PM TUES 9:30- ll:30AM OCT-NOV MON 4-6PM TUES 9:30-11:30AM OTHER MONTHS MON 4-6PM PM 717-532-8620 DISCOUNT , i0s/.01-0913d 28o.331 iFACE !10/01-11/3~ 286.05 ;PEI~ALTY [AF_TER_ll~3 ~__ _ 314.66_2 2806 SHIPPEMSBURG ROAD LOTS 24 & 25 TR 1 Mobile Home - With Land IF UNPAID BY 12/31/02 TAXES WILL BE TURNED OVER TO CUMBERLAND CO. TAX CLAIM BUREAU. $1.00 FEE FOR ADD'L RECEIPTS REQUESTED :F TAXES ARE IN ESCROW, FORWARD ?HIS BILL TO YOUR MORTGAGE COMPANY ** SCHOOL ** AUGUST 1 2002 28,720 317 AUG-SEPT MON& WED 4-6PM TUES 9:30- ll:30AM OCT-NOV MON 4-6PM TUES 9:30-11:30AM OTHER MONTHS MON 4-6PM PH 717-532-8620 !DISCOUNT o82ol-o9/3S 28o.331 ;FACE i10/01-11/30: 286.05 ~ 2806 SHIPPENSBURG ROAD LOTS 24 & 25 TH 1 Mobile Home - With Land IF UNPAID BY 12/31/02 TAXES WILL BE TURNED OVER TO CUMBERLAND CO. TAX CLAIM BUREAU. $1.00 FEE FOR ADD'L RECEIPTS REQUESTED CI3/V~ERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 PHONE 717 240-63~ FA~X 717 240-63! Printed: 7/30/02 C TAX CLAIM RECEIPT Receipt No.: 2761 9:48:17 Receipt Date: 7/30/20~ Page: Property Description: Control Number: 39-001324 COLEMAN, DALE R & JENNIE E 153 RIDGE ROAD BIGLERVILLE PA 17307 LOTS 24 & 25 TR 1 Mobile Home - With Land Situs Information: 2806 SHIPPENSBURG ROAD & SR 3001 Map No: 39-16-0224-013 SOUTHAMPTON TOWNSHIP Tax Penalty & Year Description Face Interest Costs Tots 2000 SCH-SHIPPENSBURG 321.03 65.98 387.( Received For Year Of 2000 $387.( Tendered > Received By > Paid By > Remarks > CASH MM COLEMAN, DALE R Total Received ,.$387.( Balance Due As Of 7/30/20( Claim Year: 2001 375.( Claim Balance: 375.( Receipt Number: 27602 Total Received: $387.( CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 PHONE 717 240-63 FA~ 717 240-63 Printed: 7/30/02 C TAX CLAIM RECEIPT Receipt No.: 276 9:48:02 Receipt Date: 7/30/20 Page: Property Description: Control Number: 39-001324 COLEMkN, DALE R & JENNIE E 153 RIDGE ROAD BIGLERVILLE PA 17307 LOTS 24 & 25 TR 1 Mobile Home - With Land Situs Information: 2806 SHIPPENSBURG ROAD & SR 3001 Map No: 39-16-0224-013 SOUTHAMPTON TOWNSHIP Tax Penalty & Year Description Face Interest Costs Tots 2000 CTY-SO~PTON TWP 2000 CLB-SO~TON TWP 2000 MUN-SOLVI/qAMPTON TWP 2000 SCH-SHIPPENSBURG 2000 BUREAU COSTS 63.96 15.04 79.( 3.70 .91 4.~ 4.92 .97 5.~ 9.50 15.00 9.5 66.00 66.( Received For Year Of 2000 $180.( Tendered > Received By > Paid By > Remarks > CHECK MM COLEM3~N, DALE R, D~4ERICA~; EX. CK# DA801-385-441 THRU 449 Sale Year: Claim Year: Claim Balance: Total Received $180.( Balance Due As Of 7/30/20( 2000 387.( 2001 375.~ 762.~ Receipt Number: 27601 Total Received: $180.0 VERIFICATION I verify that the statements made in the foregoing divorce complaint are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. [4904, relating to unswom falsifications to authorities. DALE COLEM. AN DATE JENNIE E. COLEMAN, Plaintiff Vs. DALE R. COLEMAN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBEILLAND COUNTY, PENNSYLVANIA : : NO: 01-6917 CIVIL TERM : DIVORCE/EQUITABLE DISTRIBUTION : CIVIL ACTION-LAW PROOF OF SERVICE AND NOW, this 19th day of September, 2002, I the undersigned, hereby certify that I did serve answers to PLAINTIFF'S FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS as ordered by Judge Oler on August 30, 2002 upon all counsel of record by hand delivery to the following address: FAMILY LAW CLINIC A I'It~NTION: MEGAN M~-IX)NE, cERTIFIED LEGAL INTERN 45 NO~tTH PITT STREET CARLISLE, PA 17013 Dale Coleman Date: JENNIE E. COLEMAN, Plaintiff DALE R. COLEMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6917 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of October, 2002, upon consideration of the attached letter from Megan Malone, Certified Legal Intern with the Family Law Clinic, the attached letter is made a part of the official record in the above matter. Megan Malone Certified Legal Intern Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Dale R. Coleman 153 Ridge Road Biglerville, PA 17307-9004 Defendant, Pro Se BY THE COURT, :rc FAMILY LAW CLINIC A service to lhe community by students from The Dickinson School of Law of Thc Pennsylvania Slat~ University The Dal~ F. Shughart Colr~unity Law Center 45 North Pitt $ttoet Carliale, PA 17013-2899 (717) 243-29611 Fax: (717) 243-3639 September 30, 2002 The Honorable J. Wesley Oler Jr. One Courthouse Square Carlisle, PA 17013 Re: Coleman v. Coleman, Docket No. 01-6917 Dear Judge Oler: · This letter is to inform you that the Family Law Clinic is in receipt of Dale Coleman's answers to the written interrogatories he was ordered to answer. Mr. Coleman delivered the answers to the Clinic on the morning of September 19, 2002 and therefore satisfied the condition of purge on his August 30, 2002 sentence. If you have any questions or concems regarding this matter, please feel free to contact me at the Clinic at 243-2968. Respectfully, Megan Malone Certified Legal Intern cc: Jennie Coleman OCT - 3 2002 PENNSTATE The Dickinson School of Law An Equal Opportunity University