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Home My WebLink About01-0222LESLIE R. McKENZIE, Plaintiff vs. LINDA D. McKENZIE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01- ~LCIVIL IN DIVORCE NOTICE TO DEF~TD A1FD 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 counselling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LESLIE R. McKENZIE, Plaintiff LINDA D. McKENZIE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01- JJ~ CIVIL IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Leslie R. McKenzie, who currently resides at i00 Kinfole Avenue, Apt K-122, Salem, Virginia 24153, since September, 2000. 2. Defendant is Linda D. McKenzie, who currently resides at 163 Kline Road, Southampton Township, Cumberland County, Shippensburg, Pennsylvania 17257, since 1977. 3. Defendant has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 24, 1987. 5. The parties separated on April 12, 2000. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counselling and that the Plaintiff may have the right to request that the court require the parties to participate in counselling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.So ~4904, relatin~ to unsworn falsification to authorities. . --Leslie R. McKenziZe ~ Attorney for Plaintiff 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 ~o~,~r.; ='e,,=~,. McKENZIE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs · NO : 01 - 222 : IN DIVORCE LINDA D. McKENZIE CIVIL 19 De~ndant STATUS SHEET LESLIE R. McKENZIE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01 - 222 CIVIL : LINDA D. McKENZIE, : Defendant : IN DIVORCE TO: Dale F. Shurghart, Jr. Hubert X. Gilroy Attorney for Plaintiff , Attorney for Defendant DATE: Friday, December 14, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. (a) OR IF DISCOVERY IS NOT COMPLETE: Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. LESLIE R. McKENZIE, Plaintiff LINDA D. McKENZIE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 01 - 222 CIVIL TERM - LAW : : IN DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT LINDA D. McKENZIE Defendant, Linda D. McKenzie, by her attorneys, Broujos & Gilroy, P.C., sets forth the following in accordance with Pennsylvania Rule of Civil Procedure 1920.33(B): 1 Defendant Linda D. McKenzie (Wife) was born on January 10, 1951 and she is currently fifty-one years old. Her health is generally good. She has a high school diploma with one and a half years of medical secretarial school. This is her second marriage, with two children from her first marriage, both of whom are adults. She currently works at Central Pennsylvania Hematology and Medical Oncology Associates as a medical secretary. She has been employed at this position for four (4) years. It is a full-time position, with her hours at forty hours per week. Her salary at this position in 2001 was $23,092.00. Benefits with this position include 100% coverage of health insurance, a 401K Plan, and various holiday and vacation pay. Mrs. McKenzie also works part-time at One-Stop, a convenience store in Shippensburg. She works ten (10) hours a week at $6.00 per hour. This position has no benefits. She has b~en working at that position for six (6) years. 2 Plaintiff Leslie R. McKenzie (Husband) was born May 1, 1953 and is currently forty-nine years old. This is bis second marriage, and he has two adult children from his first marriage. Defendant believes Plaintiff's health is generally good. Plaintiff has a high school education. Plaintiff is employed with Sheetz as a truck driver, but Defendant believes Plaintiff's employment may have changed over the past few months to a supervisory position. Plaintiff has been working at this position for approximately three (3) years. Defendant is not sure with respect to what kind of benefits Plaintiff has with Sheetz. Plaintiff believe Defendant has a pension plan through Sheetz, with the question being as to whether this plan was in existence at that time the parties separated. Defendant does not know Plaintiff's income for the year 2001. 3 The parties were married September 23, 1986 in Lackawanna County, Pennsylvania. The parties separated April 12, 2000 when Husband moved out of 163 Kline Road, Shippensburg, Pennsylvania, where the parties had been living. 4 Husband is currently paying spousal support to Wife at the rate of $120.00 per week. This order is entered at the Cumberland County Domestic Relations Office at PACSES No. 418102263. 5 There are a number of issues with respect to valuing marital property which will be discussed herein: A. 163 Kline Road: Wife owned this property prior to marriage. It remained in Defendant's name. Wife believes that she and her husband, through their attorneys, have reached an agreement on $30,000.00 being the increase in value figure the parties will use for purposes of the divorce. B. Miscellaneous Bank Accounts: Both parties had miscellaneous bank accounts at separation. Wife believes the parties agree that Husband had in his accounts $13,415.00 and Wife had $6,955.00. C. Franklin Financial Stock: At separation Husband had 1348 shares of Franklin Financial Stock most of which he brought into the marriage. Husband suggests that the value has decreased during the time the parties lived together. This issue will need to be sorted out. At a minimum, it is an asset which Husband owned and which we need to have a current value on for the Master to at least consider. Husband's counsel has provided information suggesting that he owned 1,348 shares of stock at the time of separation, with Husband's counsel suggesting that the value of that stock was $16.75 per share in April 2000, while the value was $29.00 per share in September of I987 when the parties married. However, Wife's counsel notes that a number of the shares of stock owned by the Husband represent "stock dividends" received during the marriage. Wife's position is that these dividend themselves constitute marital property. There was one share received in 1994, six in 1995, and 159 in 1998. Accordingly, at a minimum 166 shares of the stock are marital property, regardless of the fact that the total value of the stock portfolio may have decreased during the marriage. These stock dividends were included as income in the parties' join income tax returns for those years and they were, in fact, new shares of stock issued by the company. Additional information needs to be provided at this time with respect to the current value of the Franklin Financial Stock. D. Life Insurance Policies: There are two Washington National Insurance Policies, one held by the Husband which the parties agree has a cash surrender value of $7,069.00 and one held by the Wife which the parties agree has a cash surrender value of $5,978.00. E. J. Schoenman Retirement: Husband continues to assert that Wife has a retirement account through her prior employer of J. Schoenman. Wife denies that assertion and Wife has indicated to Husband that she will sign necessary releases for Husband to track down this phantom asset. separation. $1,647.21. Monumental Life IRA: Husband has a Monumental Life IRA which is valued at $1,529.00 at This was acquired during the marriage. Wife believes the current value is G. Vehicle_s: Husband had a 1996 Volkswagen Jetta at separation. Husband suggests a fair market value of $7,440 less a loan of $2,518.00 for a net of $4,922.00. Wife suggests a fair market value of $12,300.00 less a loan of $2,518.00 for a net of $9, 782.00. Husband also had a 1996 Chevy Tahoe at separation. Husband suggests a fair market value of $15,580.00 less a loan of $9,406.00 for a net of $6,174.00. Wife suggests a value of $1%175.00 less a loan of $9,406.00 for a net of $9,769.00. Wife had a 1996 Oldsmobile Achieva at separation. Husband's figures suggest it was worth $3,635.00. Wife's estimate (based upon an estimate done with the other vehicles, a copy of which is attached and marked Exhibit "A") suggests a value of $5,225.00. H. Boat: The parties owned a 1988 boat which has been delivered to Husband. The parties have stipulated that its value is $4,000.00. I. Polaris 4-Wheeler: Husband took a 1997 Polaris 4-Wheeler at separation. Husband suggests it is worth $2,840.00. Wife suggests it is worth more towards $4,000.00. J. Utility Trailer: Husband took a utility trailer at the time of separation, and the parties agree that it is worth $550.00. K. Miscellaneous Items: Husband asserts that a riding lawnmower, a shed and appliances were left at the marital home at separation. He asserts the riding lawnmower is worth $1,000.00, the shed is worth $500.00 and appliances $500.00. Wife asserts that the shed became part of the real estate and is not appropriate to be separately valued. Regarding the lawnmower and the appliances, Wife asserts that Husband had a number of tools, some of which were premarital, but many of which were purchased during the parties' marriage. He took these tools with him at separation. Husband also took an antique gasoline pump which was a gift to the parties during their marriage. Wife is suggesting that these miscellaneous items merely offset each other in value. 6 Generally, the parties have been able to agree on the values of the marital assets except for a few minor items as mentioned above. The main sticking point in negotiations appears to be Wife's request for alimony and Husband's refusal to offer any alimony. Wife believes the difference in earnings of the parties is such that she will be entitled to alimony at or near her current level of $120.00 per week. Perhaps this issue can be discussed at the initial pre-hearing conference between the Master and the attorneys. Wife is also demanding that Husband pay one half of the appraisal performed by Wolfe & Shearer before Wife will enter into any settlement agreement. Wife has paid the entire bill of $500.00 for those appraisals. 7 Attached hereto and marked Exhibit "B" is a copy of an income and expense statement which lists Wife's average expenses. Respectfully submitted, 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 Chevrolet, Pontiac 730 East King Street Shippenabu~ PA 17257 (717) 532-2121 To: Linda McKenzie 163 Kline Road Shippensburg, PA 17257 717-532-5645 Oldsmobile & Cadillac Fax (717) 532-3658 www.hhchev.com September 16, 2000 Dear Linda: Listed below am the descriptions and evaluations for three vehicles. The values are based on the N.AD.A. September 2000 retail value. 1 .) 1995 Oldsmobile Achi~ra SC Coupe, VIN: IG3NLI2TgTM328511, Miles: 71,640 Value: $ 5,525 2.) 1996 Chevrolet Tahoe LS 2 Door 4x4, VIN: 3GNEKISS5TGI27622, Miles: 40,000, Diesel Value: $19,175 3.) 1996 VW Passat Sedan, VIN: WVWGG83AI-ITI~I08058, Miles: 70,000, Diesel Value: $12,300 If you have any questions concerning this appraisal please contact me at 717-532~2121. Sincerely yours, Timothy M, Nye General Sales Manager H & H Chevrolet EXHIBIT REB-9'?-~O~?. 11;58 CAREISLE CA CENTER I?l?R1E~786 County, Pen~sylvnnia Pl&intiff Name: Defendant Name: Dock~ Number: PAC~ES Case Number: Other State ID Number: Income ~,ld F..x'pen~ Ststemeflt ~ FORM MUST lie Flt. LF~ OUT Of ~u ~re ~c~,~;oyed or if ~ ~ ~ b~ ~ ~ o[ ~ you ~e ~ ~ ~; ~ ~le~ ~ S~ ~ ~ on ~ge two o~ il(COME TOTAL TOTM, INCO~ $ EXHIBIT Form 11'4 ~8 Worker ID POLICY Sec~ U: ,~x~l~l In.me ~te~em Grou ~ per I~¢y Form FEB~O?-20~ ]i:59 C~RL[SLE CA CEN~EP --- 17172188786 P.t~x05 Section III: ExI~'~ s s .~0 s 'k,,~ ~,'~ 4. o0 $ S $ P~o~t M~n~us $ $ I ,,~C) $ $ LESLIE R. McKENZIE V. LINDA D. McKENZIE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01 - 222 : : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Leslie R. McKenzie Dale F. Shughart, Jr. , Plaintiff , Counsel for Plaintiff Linda D. McKenzie Hubert X. Gilroy , Defendant , Counsel for Defendant You are directed to appear for a heating to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 7th day of June 2002 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By th~ George E. Hoffer, President Judge Date of Order and Notice: 4/15/02 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (7~7) 249-3166 'E8 082oo2' . LESLIE R. McKENZIE, Plaintiff vs. LINDA D. McKENZIE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAiTD COUNTY, PENNSYLV~/qIA CIVIL ACTION - LAW 01-222 CIVIL IN DIVORCE PRETRIAL STATEMENT PURSUANT TO PA.R.C.P. 1920.33(B) ON BEHALF OF PLAINTIFF, LESLIE R. MCKENZIE Dale F. Shughart, Jr., McKenzie Plaintiff above captioned, submits the Pretrial Statement: 1. List of Marital and Non-marital Assets. Esquire, attorney for Leslie R. following The Inventory of the Plaintiff lists the marital property of the parties and its value is attached hereto and made a part hereof and marked Exhibit "A". Plaintiff is from the Defendant. 2. Expert Witnesses. any expert witnesses. The still awaiting certain information The Plaintiff does not intend to call Plaintiff does not believe there are any issues which involve the need for an expert witness. However, Plaintiff reserves the right to add expert witnesses at the time of the pre-hearing conference if expert witnesses will be called by the Defendant. 3. No~-Expert Witnesses. The Plaintiff does not intend to call any witnesses other than himself. However, Plaintiff reserves the right to add witnesses at the time of the pre- hearing conference if the Defendant proposes to involve witnesses other than herself. 4. Exhibits. The Plaintiff intends to introduce the Exhibits which are attached to Plaintiff's Inventory, Exhibit "A" hereto. However, Plaintiff reserves the right to add Exhibits at the time of the pre-hearing conference if Defendant proposes to add additional Exhibits or disputes the values stated in Plaintiff's Inventory. 5. Plaintiff's Gross Income. Plaintiff will provide his undersigned attorney with a copy of his 2000 income tax return and either a copy of his 2001 income tax return or all relevant tax information prior to the pre-hearing conference and the undersigned will provide it to Defendant's attorney and the Master prior to the prehearing conference. This information is not currently available because the Plaintiff is on a six week assignment to Altoona, Pennsylvania and is unable to access the information in regard to his Year 2000 tax return and 2001 tax information until on or about February 21, 2002. 6. Plaintiff's Current Expenses. Plaintiff's current expenses are relevant to the proceedings since cost of living in the Roanoke, Virginia area is higher than it is in the Shippensburg, Pennsylvania area. Due to Plaintiff's temporary assignment to Altoona, Pennsylvania, the information necessary to complete the expense statement is not currently available to him. This information will be accumulated on or about February 21, --2-- 2002 and will be provided to Defendant's Attorney and the Master prior to the Prehearing Conference. 7. Value of Pension or Retirement Benefits. The Plaintiff's retirement benefits are set forth on Plaintiff's Exhibit "A" and are limited to accounts through Washington National and Monumental Life. Documentation is attached. The Defendant is entitled to a defined benefit retirement payment through her prior employer, J. Schoenman. She has been unable to provide Plaintiff with any information regarding that account. Since the marital value of that benefit cannot be calculated in the absence of this information, Plaintiff will be satisfied to have the marital portion of the retirement payment which the Defendant will receive divided by a QDRO. In June 2001, Defendant's attorney advised Plaintiff's attorney that Defendant is also the owner of an IRA at F & M Bank and promised to provide value information. To date that information has not been received. 8. Counsel Fees. Neither party has requested counsel fees from the other party. 9. Tangible Personal Property. The parties have divided their tangible personal property. The only issue is valuation of certain major items of tangible personal property such as motor vehicles for computation in the ultimate equitable distribution award. -3- 10. Marital Debts. The marital debts of the parties are limited to motor vehicle loans and a home equity loan which are stated on Plaintiff's Inventory, Exhibit attached. 11. Resolution Of ~conomic Issues. "A". Documentation is The proposed resolution of economic issues is to divide the marital property 50% to Plaintiff and 50% to Defendant as stated in the proposed Division of Marital Property attached and marked Exhibit "B". Defendant intends to submit a claim for alimony. Plaintiff denies liability for alimony. Please note that Plaintiff's Inventory has blank spaces open for any information and documentation the Defendant may submit regarding any car loan which may have been owed on her 1996 Olds Achiva at the date of separation, and the value, if any of her Washington National Retirement Account in 1987. Plaintiff has made multiple requests for this information, but it has not been provided to date. Under the circumstances, unless this information is submitted with Defendant's pretrial statement, it will be assumed that at the time of separation Mrs. McKenzie did not have a loan balance owed on her Achiva automobile and that her Washington National Retirement Account has no non-marital component to be reduced from the value reflected on the Inventory. -4- The Plaintiff does request that Defendant supply the date of separation balance in her F & M IRA, which will impact upon the proposed distribution of marital assets. Respectfully submitted, 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney For Leslie R. McKenzie -5- ~, Of Lesl£e R. McKenzie files the following inventgry of all property owne~ or possesse~ My either party ac the t~me this action was ~menced an~ all property transferred within ~hs p~eceding ~hree years. Leslie R, McKenzie ve=i~ia~ that the. sta=emante .ma~e in this invento~ are true and correct. Les~xs R. McKename unaerstan~s Leslie to the (x) 18, case at bar and itemizes the uee=o on =he following I~o~ Vehicles Stocks. bo~ds, securities and options Certificates o~ deposit Checking accounts, cash Savings ~¢counCs, mone~ markets and saving Trusts Annuities Inheritances P~tents, Inventions, ~ersonal property outside ~he home Business Employment =ermination benefits-severance pay, workman's compenaaclon ¢l~im/awsr~. Profit sharin~ ~lana EXHIBIT "A" LESLIE R. vs. LINDA D. McKENZIE, Plaintiff McKENZIE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAiqD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01-222 CIVIL IN DIVORCE INVENTORY LESLIE AND LINDA McKENZIE ASSETS AND LIABILITIES ao BANK ACCOUNTS Mr. McKenzie Allfirst Checking, Allfirst Savings, 6734574 49-38716763 Balance April 12, April 12, Total 2000 $5,188 2000 $8,227 $13 415 Mrs. McKenzie Patriot FCU, 2651160 Prime Share March 31, 2000 $5 Draft account April 12, 2000 $ Total $6 990 965 955 STOCK Mr. McKenzie 1,348 Shares F & M Bank-non-marital April 2000 value = 16.75 per share $23,000 Gifts from parents on various dates Values at dates of Gift Value gifted $40,750 Marital value -0- Mrs. McKenzie -0- NONE REAL ESTATE Mr. McKenzie - None Mrs. McKenzie Mrs. McKenzie home at 163 Kline Road, Shippensburg, Acquired prior to marriage - non-marital Improved by garage installed by parties with mortgage - $10,000.00 original loan $ 8,085.83 current balance $ 198.80 monthly payment Value on 9/24/87 Current value $53,000 $91,000 Net increase in value, $38,000 Net value of marital interest "A-1- PA $30,000 Do INVENTORY MCKENZIE - ASSETS AND LIABILITIES CONTIN~ED MOTOR VEHICLES Joint - Distributed to Mr. McKenzie 1996 Volkswagon Loan from Unitas Bank Original loan $11,638 Current balance $2,519 +,- (1 year left) Current value per Kelly Blue Book, $7,440 Monthly payment $238.70 Net value - Mr. McKenzie 1996 Chevy Taho Loan from ALLFIRST Original loan $14,790 Current balance $9,405 (4 years left) Current value per Kelly Blue Book. $15,580 Monthly payment $309.47 Net value - $4,922 $6,174 1997 Polaris, 4 wheel 4 x 4 No loan Current value per Motor-Vation Polaris 8' x 10' utility trailer (Homemade) No loan Current value by Mr. McKenzie $2,840 $ 55O Mrs. McKenzie 1996 Olds Achiva Loan from Original loan $ Current balance $ Current value per Kelly Blue Book Monthly payment $ Boat - Joint - Distributed to Mr. McKenzie 19 ft. 1988 Renken 4 cylinder inboard/outboard motor and trailer and accessories. No loan Current value agreed upon by parties $3,635 $4,000 MCKENZIE INVENTORY - ASSETS AND LIABILITIES CONTINI;ED RETIREMENTS Mr. McKenzie 1. Washington National Account Opened in November 1984 1987 value $1,952 12/12/99 value $9,021 Includes $50,000 in term life through Monumental Net marital cash surrender value: 2. Monumental Life, IRA in Opened 1995 Marital value insurance April 2000 December 12 $7,069 $1,529 Mrs. McKenzie 1. Washington National account Opened in December 1984 1987 value $ 12/12/99 value $5,978 Includes $40,000 life insurance policy through Monumental Net marital cash surrender value Washington National in 2. J.Schoenman Retirement 1987 value April 2000 value Net marital value 3. F & M IRA 1987 value April 2000 value $5,978 $ $ $ $ ',A-3-,, MCKENZIE INVENTORY - ASSETS AND LIABILITIES CONTINUED F. Miscellaneous Tanqible Personal Propertv. 1. Riding lawn mower 1,000 2. Shed 500 3. Washer, dryer, refrigerator microwave 500 (Values by Mr. McKenzie) Total value - $2,000 allfirst LESLIE R MCKENZIE 163 KLINE RD SHIPI:~NSBURG PA 17257-9649 h.llh.h,hhhhh.lhh,,Ih.h,lhh.lh,,,Ih,.lll Relationship Checking Leslie R McKenzle Acct No 00673~45174 March 24, 2000 ~hru April 21, 2000 Activity Summary Avg. daily Jedger balance SaJance on 03/23 Deposits and additions Checks ATM activity Balance on 04/21 Deposits and addit/ons 03/31 ACH CREDIT CLI TRANSPORT, L DIR DEP 176442417 1251833565MCKENZIE, LESLIE R 2000089356 04/14 ACH CREDIT CLI TRANSPORT, L DIR DEP 176442417 1251833565MCKENZIE, LESLIE R 2000103749 04/17 CASH DEPOSIT Checks * Denotes missing sequence number 9t,117.32 5,284.59 -5,007.71 -230.00 96,164.20 $1,045.66 1,238.93 3,000.00 $5,28~.59 250~ 03/29 /~210.00 2508 03/30 /~508,52 2513 04/19 $30.00 2504 03/27 309.47 2509 03/30 300.00 2514 04/18 1,955.00 2505 03/29 238,70 2510 04/06 270.00 2515 04/14 iO.O0 2506 04/04 9.80 2511 04/07 71.00 2519' 04/20 39.22 2507 04/07 6.00 2512 04/13 990.00 $5,007.71 ~U~e safekeeptnq your checks for your convenience, ATTACHMENTS TO EXHIBIT "A 1 - 38" allfirst ATM a~ivily 03/27 ATM CASH W/THDRAWAL ALLFIRST WALNUT BOTTOM 04/05 ATM CASH WiTHDRAWAL ALLFIRST WALNUT BOTTOM 04/13 ATM CASH WiTHDRAWAL ALLFIRST WALNUT BOTTOM 032700 10:41 SHIPPENSBURG 040500 08:05 SHIPPENSBURG 041200 19:02 SHIFBENSBURG End of Day Ledger Balance Account balances are updated in the section below on days when transactions posted -lO0.O0 -80.00 to this account. Da~e Balance Date BalaNce Dace Balance 03/23 $6,117.32 04/04 {:5,426.49 04/14 {;5,188. ~$2 03/27 5,707.05 0~05 ~,34d.4} 0~17 8,188.42 ~29 5,1}%15 ~ 5,076,q} ~18 6,233.q2 03/30 ~,390.d3 ~07 4,999.4~ 0~lg 4,203.4~ 03/31 ~,436.29 0~13 3~959.~9 ~20 6,164.20 Page 3of 3 You can withdraw from other bank's ATMs up to three times each statement cycle witkout any transaction fee. Visit www.ai}first.com to find out how you can save by shopping online with your Allfirst Visa(r) Check Card ! About your Relationship Checking account. When you maintain an average daily ledger balance of $500 in your checldng account; or $1,500 in your checking, money market and savings accounts; or $5,000 in a0 related accounts you will not be assessed the $10 monthly maintenance fee. 13alandng your checkbook. Look on the back of your first statement page for a fast and easy way to balance your checkbook. What your icone mean O Customer Service I~ Credit to your account O Important reminder ~ Charge to your account I~ Internet transaction Other banks' ATM transaction For questions about your statement or change of address information, please eee page 2. ~04156 IN ACCT, DATE I AMOUNT/CODE 05MARg~ ***$4000.00 01JUN99 *****$30,08 eBJUNg~ ****$5oo.oo 177 014~07 000 000000 177 012872 PLEASE INFO,N1 LIS OF ANY CHANGE OF ADDRESS 177 01~870 118 0~}0 030990 E05 Oi~?3a 20 23 24 Dauphin Deposit Bank and Trust Company SAVINGS DEPARTMENT NOTICE--This book should be presented et this bank at least once in eac~ year so IRSl It may be posted, the interest entered and the balance shown, In making withdrawals, always present y0u~ pass-bOok--we J t'EDERAL CREDIT UNION PO BOX 778 '800 WAYNE AVENUE CHAMBERSBURG, PA 17201-0778 NOTICE; See reverse side ofpage 1 for important information regarding your rights to dispute billing errors and emctronic fund transfer errors. >17257ee490< LINDA D MCK£NZIE 163 KLINE RD. SHIPPENSBURG PA 17257-9649 AGGOUNTNUMSER 0002651160 DIRECT INOU~RIES TO STATEMENT PERIO0 i 03/01/00 03/31/00 PFCU WILL SEAT ANY LOAN RATE! FIND A LOWER LOAN RATE AND PFCU WILL SEAT IT SY .10%. CERTAIN RESTRICTIONS APPLY. ASK A MEMBER SERVICE REPRESENTATIVE FOR DETAILS[ Shine a~n~ ~e NON-TRANSFERABLE ~c~t ~ ~e b~ks ~ ~s c~edll union. ~ O~i~: N~ Lo~s, Refin~ced Lo~s, Add-~s, Pdn~p~ Rev~s~ ~ Shoe WindroWs D~e Da~e ~ ~ebit~* ~ge~ ] CHA/~GE Am~t SALANCE O3~01 ID O0 PRIME SHARE ACCOUNT Balance Forward 5952.83 03/31 Deposit Dividend DIVIDEND 37.10 5989.93 Annual Percentage Yield Earned 2.52% from 01/01/00 through 03/31/00 03/31 EndingBalance 5989.93 Dividends Paid Year to Date 37.10 03~01 ID 25 DRAFTACCOUNT Balance Forward 686.19 03/01 Draft 001349. Tracer 00140178 25.20- 660.99 03~01 Draft 001351 Tracer 00100286 66.51- 594.48 03~01 Draft001350 Tracer 00010392 198.80- 395.68 03/02 Withdrawal Check Card 44.11- 351.57 03/02 03/04 03/04 03/06 03~06 03~07 03~07 33/09 )3~1o )3/11 ~3/11 3/13 3~13 ~15 ~Zi5 ~/17 17 2O 2O 21 21 22 22 23 25 2~ ~27 JOHANN FABRICS $11LEMOYNE PA000 Date 02/29/00. Deposit at ATM #009498 ATM 13 SHIPPENSBSRG SBSHIPPENSSURG PA Withdrawal~at ATM#063964 POS BNRLtNGTON COAT FAMD MD withdrawal at ATM $070683 POS 1315 LINCOLN WAY ESHAMBERSBURG PA 03/05 Withdrawal at ATE $038228 30.66- 865.38 POS 1730LINCOLN WAY ECRAMBERSBURG PA Draft 001354 Tracer 00450262 Draft 001355 Tracer 00470043 Draft 00134E Tracer 00640197 WithdraWal.at ATM $033267 POS'lT15'MARKET ST CAMPHILL PA Draft 001353 Tracer 00110221 WithdrawalCheck Card MONTGOMERY WARD CAMP HILL PA000 Date 03/09/00 Withdrawal CheCk.Card · BOSCOV QEPAHTMEti~ CaMP HIlL PAO00 Date 03/09/00 WithdrawaICheckCard BOSCOV DEPARTMENT CAMP HILL PA000 Date 03/10/00 Draft 001358 Tracer 00290110 Draf~ 001359 Tracer 00280184 Erafc 0013§7 Tracer 00060047 Deocsit at ATM #003137 ,=.~ _3 SHIPP~NBBURu SHSHIPPENSBURG PA Draft 001362 Tracer 00440014 ~raft 001358 Tracer 00440043 ","~=' 00136S Tracer 00140192 Draft 001363 Tracer 00140140 ~raf:. 301365 Tracer 00110031 Fy'afc 001364 Tracer 00140061 D['~ft 0Z1360 Tracer 00030227 Draft 001361 Tracer 00060304 Deposit Dy Check Withdrawal at ATM #184467 POS 1730 LINCOLN WAY ECHAMSERSSURG PA Withdrawal Check Card LOWE'S ~706 CBAMBERSBURG PAO00 --- Continued on following page --- 616.87 968.44 54.40- 914.04 18.00- 896.04 61.48- 803.90 25.87- 778.03 38.00- 740.03 20.01- 720.02 134.50- 585.52 20.98- 564.54 38~!6- F26~8 54.25- 472.13 87.25- 384.88 29.00- 355.88 34.00- 321.88 778.10 1099.98 lOC.00- 999.98 42.00- 957.98 100.00- 857.98 25.20- 832.78 100.00- 732.78 62.16- 670.62 277.56- 393.06 198.80- 194.26 250.00 444.26 57.38- 386.88 13.46- 373.42 t62 ...... ..., , ~,'MAL CREDIT UNION PO BOX 778 800 WAYNE AVENUE CHAMBERSBURG, PA 17201-0778 NOTICE: See reverse side ofpage 1 i for import,ant info, r.,m, ation regarding your! rights to ei.spute oiilin, g errors and , electronic fund transfer errors. A(~OUNT NUMBER 0002651160 DIRECT~NQUIRIESTO (717)263-4444or~/17}762-8555 STATEMENT PERIOD 03/01/00 03/31/00 PAGE 2 o3/28 03/30 03/31 Ending Balance 995.56 Dividends Paid Year to Date 0.00 Date 03/25/00 Withdrawal at ATM #047542 21.97- 351.45 POS 40 SHIPPENSBURG SHSEIPPENSBURG PA Deposit at ATM #007355 644.11 995.56 ATM 13 SHIPPENSBUR~ SHSHIPPENSBURG PA Number Amount Number Amount Number Amount Number Amount 001345 38.00 001354 61.48 001359 29.00 001364 62.16 001349* 25.20 001355 25.87 001360 277.56 001365 100.00 001350 198.80 001356 87.25 001361 198.80 001366 100.00 001351 66.51 001357 34.00 001362 100.00 001353* 134.50 001358 42.00 001363 25.20 Asterisk next to number indicates skip in number sequence Total Dividends Paid Year to Date 37.10 17 53 ..... ,,,., rcur. l'iAL CREDIT UNION PO BOX 778 800 WAYNE AVENUE CHAMBERSBURG, PA 17201-0778 >1725796490< L[NDA D ~CKENZIE 163 KLZNE RD. SHZPPENSBURG PA 17257-9649 NOTICE: See reverse side ofpage 1 for important infor.,m.,ation regarding your rights to dispute biwn, g errors and e~ectronic fund transTer errors. accouNl NUMBER 0002651160 ~CE ~WN ~ PFCU FOR AN AUTO LOAN3 WE'LL BEAT ANY LOAN ~TE. ASK A MEMBER SERVICE REP~SENTATIVE FOR DETAILS. are accounts are NON-TRANSFERABLE except on I~e books of this credit union, '* Debits: New Loans, Refinanced Loens, Add-ons, PrinC~peJ Reversa~ or Shm-e Wi~draw~s 04~01 ID 00 PRIME SHARE ACCOUNT Balance Forward 5~89.~3 04/30 Ending Balance 5989.93 Dividends Paid Year to Date 37.10 34/.ol ~4/03 )4,(O3 )4/.03 )4/.04 ~4/05 4Zo5 4/05 4Zo5 47.07 ~/.07 %,(11 $/.11 ~/12 ~Z12 ~/.12 ./17 /17 ,(17 /18 20 ,26 26 27 28 28 28 29 ~0 ID 25 DRAFT ACCOUNT Balance Forward WitDdrawal at ATM #015863 POS 1900 RITNER HIGBWACARLISLE PA Draft 001368 Tracer 00600274 Draft 001367 Tracer 00140077 Draft 001371 Tracer 00480233 Deposit at ATE #009353 AT~13 SHIPPENSBUR~ SHSEIPPENSBURG PA Draft 001369 Tracer 00330274 Draft 001373 Tracer 00120077 Draft~001372 Tracer 001900~3 Draft 001375Tracer 00400205 Draf~ 00I~70 Tracer 00050118 Draft O01377 Tracer 00440022 Draft 00137g Tracer 00460244 Depoeit at A~M #001549 AT~ 13 S~IPPENSBURG SHSHIPPENSSURG PA Draft 001374 Tracer 00130287 · Draft 0013.76 Tracer 00340172 04/16 Withdrawal at ATM #229287 POS~17305INCOLN WAY ECHAMBERSBURG PA WithdraWal at ATM #027040 ' POS':40 SHIPPENSBUR~ SHSHIPPENSBURG PA PraftOO1381 Tracer Oo600026 Withdrawal atATM #071547 POS 4OSHIPPENSBURG SHSHIPPENSBURG PA Draft 001380 Tracer 00050316 Draft 001383 ~racer 00350250 Draft 001389 Tracer 00150034 Draft 001388 Tracer 00630004 Draft 001385 Tracer 00070086 Draft 001386 Tracer 00120154 Draft.001390 Tracer 00150081 Draft 001392 Tracer 00400122 DraftO01391 Tracer 00280149 Draft001384 Tracer 00210029 Draft 001393 Tracer 00330129 Dec,sit at ATM #008181 ii ~T~ 140 S FEDERAL ST CHAMBERBBURG PA Ending Balance Dividends Paid Year to Date )er Amount NumDer Amount Number Amount Number )67 36.00 001373 55.41 001380 29.00 001388* 68 16.00 001374 67.25 001381 42.35 001389 69 22.00 001375 43.00 001383* 10.00 001390 70 68.85 001376 100.00 001384 53.80 001391 71 224.03 001377 38.92 001385 19.00 001392 72 200.00 001379* 195.10 001386 25.20 001393 terisk next to number indicates skip in number sequence --- Continued on following page --- 995.56 17.60- 977.96 16.00- 961.96 36.O0- 925.96 224,03- 701.93 270.00 971.93 22,00- 949.93 55.41- 894.52 200.00- 694.52 43.00- 651.52 68.85- 582.67 38.92- 543.75 195.10- 348.65 616.78 965.43 67.25- 898.18 100.00- 798.18 19.66- 778.52 21.58- 756.94 42.35- 714.59 21.10- 693.49 29.00- 664.49 10.00- 654.49 50.00- 604.49 50.00- 554.49 19.00- 535.49 25.20- 510.29 71.96- 438.33 10.00- 428.33 51,00- 377.33 53.80- 323.53 64.80- 258[73 821.78 1080 5t 1080.51 0.00 Amount 50.00 50.00 71.96 51.00 10.00 64.B0 ...... , ,.~,.-r~L CREDIT UNION PO BOX 778 800 WAYNE AVENUE CHAMBERSBURG, PA 17201-0778 fNoOTICE: See.reverse side of i~age 1 r import.ant inro. rmation regarding your rights to ~3i,spute oilling errors and electronic xund transfer errors. ~.har e accounts a~e NON-TRANSFERABLE except off the books of this credit union. ~ Debits: New Loans, Refir~anc~d Loans, Add-ons. Principal ReversaJ o~ Share Withdrawals Total Dividends Paid Year to Date 37.10 Franklin Financial Services Corporation 20 South Main Street Post Office Box T Chambersburg, PA 17201-0819 Te[ephone (717) 264-6 ) 16 August 15, 2000 Leslie R. McKenzie 102 Willow Glen Road DUisburg, Pennsylvania 17019 Dear Mr. McKenzie: The following information is in response to your request concerning the market value of Franklin Financial Services Corporation stock on the specific dates: September 1987 $29.00 per share April 2000 $16.75 per share If you need additional information, please call me at 261-3551. Sincerely, ncy R. Lewis Assistant Corporate Secretary FRANKLIN FINANCIAL SERVICES CORPORATION COMMON STOCK Leslie R. McKenzie Certificate No.. Dated # of Shares Value P8158 5-17-71 l PIlO19 4-11-75 1 P770 10-15-84 4 P4446 5-30-86 6 F7090 12-30-94 1 F9658 12-29-95 6 Fl1732 5-15-97 300 F13473 2-3-98 159 F14359 3-4-98 540 F15758 6-18-99 530 Total 1,348 Gifted/value at time of gift - $60/sh Gifted/value at time of gift - $65/sh 200% stock dividend 100% stock dividend 10% stock dividend 50% stock dividend Gifted/value at time of gift - $34/sh 50% stock dividend Gifted/value at time of gift - $37.25/sh Gifted/value at time of gift - $31,25/sh The above information was given by your request and is not intended to be an interpretation of the tax law. We suggest that you contact a tax specialist regarding any tax reporting. Les McKenzie Stock information - 5/22/00 May 16, 2000 - value of stocks is $22,977.50. Farmers and Merchants Bank. LM/lsc Franklin Financial Services Corporation 20 South Main Street Post Office Elox T Chambersburg, PA 17201-0819 Telephone {717) 264-6116 February 3, 1998 Dear Shareholder, On November 13, 1997, the Board of Directors declared a 3 for 2 stock split in the form of a 50% stock dividend to be distributed February 3, 1998 to shareholders of record at the close of business on January 13, 1998. Enclosed is your stock certificate representing the whole number of shares of Franklin Financial common stock and a check representing the fair market value of any fractional share to which you are entitled as a result of the stock dividend. For this purpose, the fair market value of Franldin Financial common stock was determined on the basis of the average of the average of the bid and the asked prices as of the close of business on the five days immediately proceeding the declaration date, adjusted to reflect distribution of the stock dividend. If you participate in the Corporation's Dividend Reinvestment and Stock Purchase Plan, shares of Franklin Financial common stock held by the Plan Agent for your account under the Plan have been adjusted to reflect distribution of this 50% stock dividend. The enclosed certificate represent only the shares issued in connection with this stock dividend. YOU SHOULD RETAIN ALL OF YOUR EXISTING STOCK CERTIFICATES. Please store your certificates in a safe place, do not return your existing stock certificates to Franklin Financial and do not destroy them. If you need a safe, secure place to store your stock certificates, perhaps you would consider a safe deposit box available for rental at most F&M Trust offices. In the opinion of counsel for Franklin Financial, the whole shares of stock distributed as a result of this stock dividend do not constitute income subject to federal income tax. However, upon any sale or other taxable disposition of: (I) the shares of stock issued in connection with th/s stock dividend, or (ii) the shares of stock held prior thereto, the shares issued in comaection with this stock dividend will be taken into consideration in determining the basis of your stock for purposes of computing gain or loss for federal income tax purposes. Specifically, the per share basis of your stock must be determined by apportioning your cost or other basis over all of the stock held by you, including the shares distributed as a result of this stock dividend. Page 2 February 3, 1998 For convenience, we believe that the shareholders will wish to treat cash payments received in lieu of the issuance of fractional shares as a dividend and we will report them as such to the Internal Revenue Service. Please consult your personal tax advisor concerning any questions which you may have relating to this stock dividend and for information concerning its treatment under applicable local, state, and federal income tax laws. You should also be aware that the Board of Dh'ectors declared a first quarter cash dividend of $0.15 per share payable on February 27, 1998 to shareholders of record on February 12, 1998. This dividend will be payable on all shares outstanding as of the record date, including the additional shares distributed as a result of this stock dividend, and thus represents a 12.5% increase in Franklin Financial's cash dividend compared to the cash dividend paid in the first quarter of 1997. We hope that you will continue to support Franklin Financial and use the financial services offered by our subsidiary, F&M Trust Company. Sincerely, William E. Snell, Jr. President and Chief Executive Officer Enclosures I 76 -A,; -~: 4.1 7 313 DIVIDEND CHECK [Franklin Financial Services Corporation BOX "T", 20 S. MAiN SE, OHAMBERSBURG, PA 17201 PAYABLE DATE NO. AMOUNT oo3o °1'y PAY TO THE ORDER OF ******************************* 3 ~3LLAP3 AND 15/'~ PAYABLE AT AUTHORIZED SIGNATURE FRANKLIN FINANCIAL SERVICES CORPORATION CaSH PAIO I;',~ LIeU ,DF FR4CTiO~!AL c,H~2E No. 0030117 ..... ~,,~, nemvestment and Stock Purchase Plan Cumulative Statement F~ANKbIN, D~VI~END ~=~INV~T~F. NT PLaN Tax I.O, or Socia~ Sec. No, Account Number Please use reverse s~de for withdrawals ~rom your account and Check the box below, Please advise address changes below. ~ Changes Noted on Reveme Side [JFranklin Financial Services Corporation 717-264-6116 Optional Cash Contribution. Make Checks Payable To: FULTON ~NK And Mail This Portion To: FRANKLIN FINANCIAL SERVICES CORPORATION c/o FULTON SANK Dividenc~ Reinvestment Dept. P.O. Box 32t 5 Lancaster, PA 17604-~215 Amount of Check $ F~A~IKLIq DIVIDENd) RE[NVESTflENT PLAN 5.481¢ ~.m~ O. 300 1.7t37 5. 2221 E R MCKE,~ZIE ~end Reinvestment and Stock Purchase Plan ~ulative Statement [Franklin Financial Services Corporation 717-264-6116 Ill t~ 00-163 PREPARED FOR: AS OF: 2000 PREPARED BY: Wolfe & Sheerer Realtors Wolfe & Shearer Realtors Proper'[y Deecr)ptien UNIFORM RESIDENTIAL APPRAISAL REPORT FEMASpeciaiFloodHazardAree [~Yes ~JNo FEMA Zone C Map Date08104~88 ENERAL DESCRiPTiON EXTERIOR DESCRIPTION FOUNOAT(ON INSULATION Hdw/V)ny) Type E~B Refrigerator ~=' None Wolfe & Shearer Realtors UNIFORM RESIDENTIAL APPRAISAL REPORT ~=il,, N,,. oo-~ o Ray "Buz" Wolfe, CRS Broker/Partner RESIDENTIAL WOLFE & SHEARER REALTORS 33 South Pitt Street Carlisle, PA 17013 717.243.1551 800.377.3027 www. wolfeshearer, com COMMERCIAL APPRAISALS iNDUSTRIAL CONS MARKET ANALYSIS FOR 163 KLINE ROAD~ SHTPPENSBURG, AS of Date Septmeber 24, 1987 William L. Shearer, Jr., CRS 0roker/Partner JLTING INVESTMENTS Wolfe & Shearer ReaJtors UNIFORM RESIDENTIAL APPRAISAL REPORT Sq. Ft. @ $ Tvaic~ ~TEM J SUBJECT N/A COMPARABLE NO, 1 j COMPARABLE NO, 2 N/A COMPARABLE NO, 3 AMHS 07/31/00 HISTORY SUMMARY 09:39:04 CTL2 001 CTL3 000 CTL4 0000 ACCT 113945928002 MCKENZIE LESL START DATE 05/31/00 OPT: A=ACCRUED SINCE LAST TRAN, C=CAPTURE, R=REVERSAL, S=SPECIFIC OPT EFF DATE TRAN DESCRIPTION TRAN AMOUNT POST BALANCE 05/31/00 8080 REGULAR PMT 198.80 8,345.85 06/30/00 8080 REGULAR PMT 198.80 8,215.39 07/24/00 8080 REGULAR PMT 198.80 8,070.41 ~ PF2-NEXT PAGE PF3-PREV PAGE PF6-SELECT AMPCHSIS AMt244 I: END OF DATA FOR THIS DATE RANGE LAST , ~.,,,~ ~oolC Used Car Values Page 1 of 2 · g~lir~g I1~ ~ar buyer Buy a Om~d C~lr YOur C~icl~ on the image above to v~t Ns adve~ser 81ue Book Trade-In Report Virginia · January t2, 2001 1996 Volkswagen Passat TDI Sedan 4D Ways to Buy a Used Car Ways To Buy a New Ca[ _List Your Car For Sale Online ~oancina Ouoi~e Insura_nce quote W~rrantv Ouote Par~ & Accessories Payment Calculator Engine: 4 Cyl. Turbo Diesel Trans: 5 Speed Manual Drive: Front Wheel Drive Mileage: 84,000 Equipment Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette Dual Air Bags Sliding Sun Roof Alloy Wheels Consumer Rated Condition: Good "Good" condition means that the vehicle is free of any major defects, The paint, body and interior have only minor (if any) blemishes, and there are no major mechanical problems. Zn states where rust is a problem, this should be very minimal, and a deduction should be made to correct it. The tires match and have substantial tread wear left. A clean title history is assumed. A "good" vehicle will need some reconditioning to be sold at retail; however major reconditioning should be deducted from the value. Host recent model cars owned by consumers fall into this category. Trade-In Value $7,440 Trade-in value represents what you might expect to receive from a dealer for this consumer owned vehicle. Keep in mind that the dealer must then absorb ://www.kbb.com/kb/ki.dll/kw. kc.ur?kbb;679324&24153 ;t&39&6;VW;B 1 & 1/12/01 ILDISI ( FWD ACCOLrNT NUMBER CONTRACT DATE MATURITY DATE DATE LAST PAYMENT NEXT DUE DATE DATE CLOSED TERM INTEREST RATE ACCOUNT STATUS STUDENT LOAN PAYOFF GOOD THRU COLLATERAL DESCRIPTION TIMES LATE COUNTERS 000 INSURANCE SA REF NBRS LOAN FEE SA REF NBRS NAMES OF ENDORSERS (1-3) INSTALLMENT LOAN DISPLAY SPEED INQUIRY 072010001%864060 LESLIE R MCKENZIE o7/o6/ 6 o7/o5/ol 06/29/0~ 09/05/00 oo/oo/oo 6O 8.4900 A N o8/os/oo CURRENT EAL ORIGADVANCE AMT ORIG LOAN AMOUNT SCHEDULED PYMT AMT PAYMENTS REM/PAID INT PAID LAST YEAR INT PAID YTD LEGAL STATUS DEALER NUMBER PAYOFF D24OUNT TOTAL DUE AMT 0000 96 VW PASSAT 2150 RW 108058 000 000 000 000 000 BANK 0012 2,625.70 11,637.66 14,322.00 238.70 fl 49 0.00 0.00 0000000000720150 2,518.51 238.70 Kelley Blue Book Used Car Values Page 1 of 2 kbl~,com-guiding the c, er buyer About Id~ [ mm I I maAm YC)~R CAR [CGMP~I~:BONSIY~'*R DEALER! ~UT PRICE Click on fha imago above to visit this advertiser Blue Book Trade-In Report Virginia · January 12. 2001 t996 Chevrolet Tahoe Sport Utility 4D Engine: V8 5.7 Liter Trane: Automatic Drive: 4 Wheel Drive Mileage: 54,000 WaYs to Buy a Used Car Find a Certified Used Vehicle Ways To Buy a New Car List Your Car For Sale Online Financing Ouote Insurance Quote Warranty Quote Parts & Accessories Payment Calculator Equipment LS Air Conditioning Power Steering Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette ABS (4-Wheel) Power Seat Towing Pkg Two-Tone Paint Alloy Wheels Consumer Rated Condition: Good "Good" condition means that the vehicle is free of any major defects. The paint, body and interior have only minor (if any) blemishes, and there are no major mechanical problems. Zn states where rust is a problem, this should be very minimal, and a deduction should be made to correct it, The tires match and have substantial tread wear left. A clean title history is assumed. A "good" vehicle will need some reconditioning to be sold at retail; however major reconditioning should be deducted from the value. Host recent model cars owned by consumers fall into this category. Trade-in Value $15,580 Trade-in value represents what you might expect to receive from a dealer for this consumer owned vehicle. Keep in mind that the dealer must then absorb the cost of making the vehicle ready for sale, advertising, sales commissions, arranging financing and insurance and standing behind the vehicle for any mechanical or safety problems. http://www.kbb.com/kb/ki.dll/kw, kc.ur?kbb;292022&;t&278&6;CT;B4 1/12/01 CUSTOMER ACCOUNT BALANCES LESLIE R MCKENZIE RCK RETAIL CHECKING 00000000000067345174 RSV RETAIL SAVINGS 00000087004938716763 ALS ADVANCED LOAN SYSTE~ AVAIL BALANCE 07/31/00 2,975.21 AVAIL BALANCE 07/31/00 0.00 CURRENT BALANCE 07/29/00 MPCBLN 07/31/00 ADDED: 09/84 ACTIVE CURR LEDGER BAL 07/31/00 2,975.21 CURR LEDGER BAL 07/31/00 0.00 PAYOFF BALANCE 09:37:50 12 MTH AVERAGE 07/30/00 5,811.39 30 DAY AVERAGE 07/31/00 4,273.00 PAYMENT AMOUNT 07/29/00 t 07/29/00 ~ 00000000113945928002 8,070.41 ) 8,0R5 83 % 198.80 -- 00000000178605019001 9,329.80 ~ 9,405.66 I 309.47 KE~--IST LETTERS OF SCREEN OR X NEXT TO CUST/ACCT. 'WR~SS ENTER TO CONTINUE. JUMP: PROFILE NAME(S) MAILING BALANCE TOTALS C/WITH SIGNERS SRVICES SPECIAL ALERT PERSONL CMRCIAL CNTACTS CALLS RELATED ACCESS XPOSURE COMMNTS RPORTS OTHER LOCATE SELECT OSSMENU PNEXT PPREV PSCREEN Fi=HELP OOPS ADD 6z&27 Carlisle Pike ,. Mechanicsburq, p,~ 170~S ~ W ,ei T E R c r~ ,R FT Kelley Blue Book Used Car Values Page 1 of 2 Car VMu~s Car ~riclng S~II Ym~ YOUR CAR ICOMI'A~J~IYOUR DEALER,( & Clic~ on the image above to visit this adve~lser Blue Book Trade-In Report Virginia · January 12, 2001 1996 Oldsmobile Achieva SC Coupe 2D Engine: 4-Cyh 2.4 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 71,640 Ways to BUy a Used Car Find a Certified Used Vehicle Ways To Buy a New Car List Your Car For Sale Online Financing Quote ~Insurance Quote warranty Q u oJ;~ Parts & Accessories Payment Calculator Equipment Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette Dual Air Bags ABS (4-Wheel) Alloy Wheels Consumer Rated Condition: Good "Good" condition means that the vehicle is free of any major defects. The paint, body and interior have only minor (if any) blemishes, and there are no major mechanical problems. In states where rust is a problem, this should be very minimal, and a deduction should be made to correct it. The tires match and have substantial tread wear left. A clean title history is assumed. A "good" vehicle will need some reconditioning to be sold at retail; however major reconditioning should be deducted from the value. Most recent model cars owned by consumers fall into this category. Trade4n Value $3,635 Trade-in value represents what you might expect to receive from a dealer for this consumer owned vehicle. Keep in mind that the dealer must then absorb the cost of making the vehicle ready for sale, advertising, sales commissions, arranging financing and insurance and standing behind the vehicle for any mechanical or safety problems. Copyright © 2001 by Kelley Blue Book Co,, All Rights Reserved. Jan-Feb 2001 Edition. The information http://www.kbb,com/kb/ki,dll/kw.kc.ur?kbb;O95422&24153;t&278&6;OL;M3 1/12/01 ~ ~ o~oo~o ~ ~ o oooooooooooo oomnm o oooooooooooo -IV/g. rumenta/ THE OUALITY LIFE COMPANY® August 14, 2000 MONUMENTAL LIFE INSURANCE CO, Carlisle District Office 15 State Avenue North, Suite 101 Carlisle, Pennsylvania 17013 Telephone: (717) 249-4212 (800) 283-7034 Fax: (717) 249-8776 Leslie McKenzie 102 Willow Glen Rd. Dillsburg, PA 17019 Dear Mr. McKenzie: SUB.1ECT: Request for Annual Statement - 1987 Policy #W63011441 Enclosed please find the annual statement for 1987 for your above mentioned policy per your request. If we can be of any further assistance, please contact our office. Respectfully yours, Manny Dejene District Sales Manager kac Eric. -- Member AEGON Insurance G~oup -- oooooooooooo ~o~ ' ............ ~ ~ ~' & NO~AL LIFE INSURANCE CONPANY 4333 ~DGENOOD ROAD NOKz~ST CEDAR RAPIDS, IOWA 52499 I ~,509.51 I .ool .00 I .001 ~9.02 I ~,52s.53 ~ AS OS 04-01-2000 [ I AS OS 07-01-2000 LESLIE R MC KENZXE 163 ELINE RD SHIPPENSBURG PA ANNUITANT: LESLIE R MC KENZIE OWNER(S): LESLIE E IfC KENZXE 17257 ~ .m~Y 03, FIO01386001-010DE173579 176-4z~-2417 INTEREST EFF. DATE CURRENT PERIOD PREMIUM ACTIVITY PREMIUM INTEREST EFF. PREMIUM AMOUNT DATE AMOUNT' DISBURSEMENT ACTIVITY DATE OF DISBURSEMENT DISBURSEMENT AMOUNT SEE REVERSE SIDE FOR INTEREST YIELD INFORNATION. Retain this portion for your records Return this portion if you choose to make an additional annuity premium payment, Make premium payable to: ~o~J'~r~,~ LIF~ INSUJ~I~CE CO~.~ POLICY NUMBER: 010OE173579 OWNER(S): LESLIE ADDITIONAL ANNUITY PREMIUM: Send your premium to: HOtEIHE.t~AL LIFE INSURANCE COHPA.-~/ ATTENTION: ANNUITY DIVISION 4333 EDGEW00D RD. NE, CEDAR RAPIDS. IA 52499 TAX go o oooooooooooo ~ LESLIE R. McKENZIE, Plaintiff Vs. L1NDA D. McKENZIE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 01-222 CIVIL : : 1N DIVORCE PROPOSED DIVISION OF MARITAL PROPERTY LESLIE MCKENZIE Asset Allfirst Checking account Allfirst Saving account Franklin Financial Stock 1172 shares gifted at 40,752.50 current 1,348 shares ~ 16.25=22,579 Washington National Account Monumental Life cash surrender Monumental Life, IRA 1996 Chevy Tahoe 15,580 less loan 9,406= 1996 Volkswagen Jetta 7440 less loan 2,518= 1997 Polaris 4 wheeler 8 x 10 utility trailer Value $ 5,188.00 $ 8,227.O0 $ 0.00 $ 7,069.00 $1,529.00 $ 6,174.00 $ 4,922.O0 $ 2,840.00 $ 550.00 LINDA MCKENZIE Asset Value Patriot FCU, Prime Accoum $ 5,990.00 Patriot FCU Draft Account $ 965.00 Washington National Acct. Monumental Life Cash Surrender value $ 5,978.00 F&MIRA $? 1996 Olds Achieva $ 3,635.00 Increase in value on 163 Kline Road, Shippensburg 38,000.00 less mortgage of 8,000 $30,000.00 EXHIBIT "B" 1988 19fi Renken $ 4,000.00 boat Totals: $40,499.00 Riding lawn mower Shed Appliances $ 1,000.00 $ 500.00 $ 500.OO $ $48,568.00 TOTAL NET MARITAL ASSETS $89,067.00 Mr. McKenzie 89,067 + 2 = 44,533.50 Mrs. McKenzie 89,062+ 2 = 44,533.50 Requested cash payment from Mrs. McKenzie to Mr. McKenzie Plus one-half marital interest in Mrs. McKenzie's F & M IRA. Requested equal division of Mrs. McKenzie's J. Schoenman Retirement by QDRO. $4,035 LESLIE R. McKENZIE, Plaintiff VS. LINDA D. McKENZIE, Defendant IN THE COURT OF COM~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - 222 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Dale F. Shughurt, Jr. Hubert X. Gilroy Attorney for Plaintiff , Attorney for Defendant Office of Carlisle, 9:45 a.m., A pre-hearing conference has been scheduled at the the Divorce Master, 9 North Hanover Street, Pennsylvania, on the 15th day of April 2002, at at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 2/12/02 E. Robert Elicker, II Divorce Master OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ext, 6535 January 17, 2002 Dale F. Shughart, Jr. Esquire 35 East High Street Suite 203 Carlisle, PA 17013 Hubert X. Gilroy, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 Leslie R. McKenzie vs. Linda D. McKenzie No. 01 - 222 Civil In Divorce Dear Mr. Shughart and Mr. Gilroy: Counsel have indicated that discovery is complete. Mr. Gilroy did qualify the certification by indicating that some updated values will be needed on vehicles and other miscellaneous matters. I assume that these are not significant issues that will prevent us from going forward. A divorce complaint was filed on January 11, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. No econonfic claims were raised in the complaint. On December 11, 2001, Mr. Shughart filed a petition raising the economic issue of equitable distribution. In In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, February 8, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss Mr. Shughart and Mr. Gilroy, Attorneys at Law 17 January 2002 Page 2 the issues, and if necessary, schedule a hearing. Very truly yours, NOTE: E. Robert Elicker, II Divorce Master Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. DALE F. SHUGHART, JR. ATTORNEY AT LAW 35 EAST HIGH STREET SUITE 203 CARLISLE, PENNSYLVANIA 17013 Telephone (717) 241-4311 Facsimile (717) 241-4021 OF COUNSEL HAMILTON C, DAVIS December 19, 2001 LEGAL ASSISTANT BONNIE L. COYLE E. Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: McKenzie Divorce No. 01-222 Dear Mr. Elicker: Please find enclosed my Certification that I do wish to note, however, that we settlement negotiations, and I do expect a Gilroy in the very near future. discovery is complete. are actively pursuing response from Attorney DFS,JR/bc Enclosure Very truly yoursj ~ _ · g , ,J~. CC Hubert X. Gilroy, Esquire Leslie McKenzie LESLIE R. McKENZIE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01 222 CIVIL : LINDA D. McKENZIE, : Defendant : IN DIVORCE TO: Dale F. Shurghart, Jr. Hubert X. Gilroy Attorney for Plaintiff Attorney for Defendant DATE: Friday, December 14, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. (a) OR IF DISCOVERY IS NOT COMPLETE: Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery° COUNSEL FOR DEFENDA~ NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMI~EDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. BROUJOS & GILROY, P.c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 2434574 FACSIMILE: (717) 243-8227 INTERNET: b rgilroypc@aoLcom NON-TOLL FOR HARRISBURG AREA 717-766-1690 January 2, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: McKenzie v McKenzie 01 - 222 Dear Bob: Enclosed is our Certificate of Discovery in the above referenced matter. More or less, discovery is complete. We may need to get some updated values on vehicles and some miscellaneous matters. However, I do not believe there are any significant outstanding issues that would merit a delay in scheduling the filing of pre-hearing memos. dca Enclosure CC'- Sincerely yours, Dale F. Shughart, Jr., Esquire Linda D. McKenzie LESLIE R. McKENZIE, Plaintiff vs. LINDA D. McKENZIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 222 CIVIL IN DIVORCE TO: Dale F. Shurghart, Jr. Hubert X. Gilroy Attorney for Plaintiff Attorney for Defendant DATE: Friday, December 14, 2001 CERTIFICATION I certify that discovery is complete as for which the Master has been appointed. to the claims (a) OR IF DISCOVERY IS NOT COMPLETE: Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE CO~NTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMI~EDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. LESLIE R. McKENZIE, : Plaintiff : VS. : LINDA D. McKENZIE, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01- 222 CIVIL IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Leslie R. McKenzie, Plaintiff, moves the court to appoint a master with respect to the following claims: [X ] Divorce [X ] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendente Lite [ ] 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 by her attorney, Hubert X. Gilroy, Esquire. (3) The statutory ground(s) for divorce are Irretrievable breakdown §3301(c) and/or (d). (4) Delete the inapplicable paragraph(s): (c) The action is contested with respect to the following claims: Equitable distribution of marital property. (5) The action does not involve complex issues of the fact. Date: (6) (7) Additional information, N/A December /f, 2001 The hearing is expected to take one day. if any, relev~n~to'~the motion: ~5 ~a~ ~h~[~;e~'~ite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiff AND NOW, ORDER OF COURT Esquire, respect to the following claims: , 2001, .~ is appointed master wit. h ~ By the C ~. \~\ LESLIE R. McKENZIE, : Plaintiff : LINDA D. McKENZIE, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAI~D COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01- 222 CIVIL IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW comes the Plaintiff, Leslie R. McKenzie, by his attorney, Dale F. Shughart, Jr., Esquire, and respectfully represents as follows: 1. On January 11, 2001, Leslie R. McKenzie, filed a Complaint in Divorce, which was served on January 17, 2001. COUNT I - EQUITABLE DISTRIBUTION 2. The parties are the owners of various items of personal property and real property which qualify as marital property. 3. Said marital property is subject to equitable division and distribution. WHEREPORE, Plaintiff requests the Court to equitably divide and distribute all of the parties' marital property. I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsificat'~n to authorities. Dale F. Shugh~t, Jr. Attorney for Plaintiff 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 JOH~ H. BROLrJO~ HUB~R'r X. GmRO¥ BROUIOS & GILROY, P.c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 INTEVaaET:brgilroypc@aol.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 January 24, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: McMenzie v McKenzie Dear Bob: I received your January 17, 2002 letter, and I will meet with my client and prepare a pre- trial statement for filing by February 8, 2002. I wanted to alert you and Dale that I also anticipate filing a Petition raising an alimony claim. Sincerely yours, Hubert X. Gilroy dca Enclosure Linda McKenzie Dale F. Shughart, Jr., Esquire JOHN ~, BROUJOS HUBI~T X. GILROY BROUJOS & GILROY, P.c. A~'rORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 February5, 2002 TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 INTERNET:b rgilroypc@aol.com NON-TOLL FOR ~LkRR/SBURG AREA 717-766-1690 Curtis R. Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: McKenzie v McKenzie No. 01 - 222 Dear Curt: Enclosed for filing is a Petition Raising a Claim of Alimony and a Petition Raising a Claim for Counsel Fees, Appraisal Fees and Costs in the above referenced matter. Sincerely yours, Hubert X. Gilroy dca Enclosure CC: Dale F. Shughart, Jr., Esquire E. Robert Elicker, Esquire Linda D. McKenzie I.E~qI.IE R. McKENZ1E, Plaintiff V BROUJOS & GILROY, ~'.c. ATTOKNEYS AT LAW 4 NORTH HANOVER STREET 717-243-4574 766-1690 LINDA D. McKENZIE, Defendant IN THE COURT OF COMMON PLEAS OF (:tIMBERLAND COUNTY, PENNSYLVANIA NO. 01 -222 CIVIL TERM- LAW IN DIVORCE PETITION FOR CLAIM OF COUNSEL FEES AND COSTS OF LITIGATION Defendant, Linda D. McKenzie, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Defendant has expended various sums in connection with legal fees and costs of litigation in the above case. 2 Defendant is without sufficient financial assets to pay her attorney and the costs of this litigation. 3 Defendant expects to expend various additional sums on counsel fees and costs. Wherefore, Defendant requests your Honorable Court to enter an order directing Plaintiff to pay her attorney's fees, her costs of litigation including appraisal fees, and such other relief as the court deems appropriate. Respectfully submitted, Carlisle, PA 17013 (717) 243-4574 Supreme Court 1D No. 29943 BROUJOS & GILROY, P.C. 717-243-4574 766-1690 LESLIE R. McKENZIE, Plaintiff LINDA 1). McKENZIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 -222 CIVIL TERM- LAW IN DIVORCE PETITION RAISING CLAIM OF ALIMONY Defendant, Linda D. McKenzie, by her attorneys, Bronjos & Giiroy, P.C., sets forth the following: 1 Defendant is without sufficient assets to support to herself. 2 Upon the entry of a divorce decree, Defendant believes that her financial status will remain the same and that she will be without financial assets to support herself. WHEREFORE, Defendant requests your Honorable Court to award her alimony in conjunction with thc entry of a divorce decree. Respectfully submitted, Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 OF COUNSEL HAMILTON C. DAVIS DALE F. SHUGHART, JR. ATTORNEY AT LAW 35 EAST HiGH STREET SUITE 203 CARLISLE, PENNSYLVANIA 17013 Telephone (717) 241-4311 Facsimile (717) 241-4021 February 8, 2002 LEGAL ASSISTANT BONNIE L. COYLE Hand Deliver Hand Deliver E. Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, PA 17013 Hubert X. Gilroy, Esquire BROUJOS & GILROY 4 North Hanover Street Carlisle, PA 17013 RE: Leslie R. MeKenzie vs. Linda D. McKenzie - Divorce No. 01-222 Dear Mr. Elicker and Attorney Gilroy: Please find enclosed Plaintiff's Prehearing Statement with all Exhibits attached except those relating to current income and expenses. AS I advise you in the Statement, Mr. McKenzie is currently on temporary assignment away from his home. These items will be provided to you as soon as I receive them, on or about February 21. Very truly yours, Dale F. Shughart, DFS,JR/bc Enclosure cc Leslie McKenzie (Via facsimile only) BROUJOS & GILROY, p. ¢. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLEt PENNSYLVANIA 17013 717-243-4574 766-1690 LESLIE R. McKENZIE, Plaintiff V LINDA D. McKENZIE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 222 CIVIL TERM - LAW : 1N DIVORCE PETITION RAISING CLAIM OF ALIMONY Defendant, Linda D. McKenzie, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Defendant is without sufficient assets to support to herself. 2 Upon the entry of a divorce decree, Defendant believes that her financial status will remain the same and that she will be without financial assets to support herself. WHEREFORE, Defendant requests your Honorable Court to award her alimony in conjunction with the entry of a divorce decree. Respectfully submitted, -~(~ Es ire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court 1D No. 29943 Plaintiff V BROUJOS & GILROY, P.c. ATTORNEYS At LaW 4 NORTH HANOVER STREET CARLISLE~ PENNSYLVANIA 17013 717-243-4574 766-1690 LINDA D. McKENZIE, Defendant : IN THE COURT OF COMMON I'LEA~5 OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-222 CIVIL TERM- LAW ; : 1N DIVORCE PETITION FOR CLAIM OF COUNSEL FEES AND COSTS OF LITIGATION Defendant, Linda D. McKenzie, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Defendant has expended various sums in connection with legal fees and costs of litigation in the above case. 2 Defendant is without sufficient financial assets to pay her attorney and the costs of this litigation. 3 Defendant expects to expend various additional sums on counsel fees and costs. Wherefore, Defendant requests your Honorable Court to enter an order directing Plaintiff to pay her attorney's fees, her costs of litigation including appraisal fees, and such other relief as the court deems appropriate. TI~JE GOPY -'ROM 'here unto set my HI T~Y and t~ s~a~ oi ~?'~: ,un at Car~lste,_l:a- Respectfully submitted, i~!~ire Carlisle, PA 17013 (717) 243-4S74 Supreme Court ID No. 29943 LESLIE R. McKENZIE, : Plaintiff : vs. : LIN-DA D. McKENZIE, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLA/qD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01- 222 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification3 to authorities. ~'~~~'~· DATE: June , 2002 ~ L~slie R. McKenzfe Sworn to a~d subscribed before me this~f~e~ · ONN~ ~.. ~O~ MOT~Ry PUBLIC BORO O~ ~..~, ~UM~ERi. AND COUNTY MY COMMISSION EX~fRF.~ OCTOBER ,~,;, LESLIE R. McKENZIE, Plaintiff LINDA D. McKENZIE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - I~W : 01- 222 CIVIL : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Date: June~ , 2002 .~ '~/~,~//~~ ~-~'Leslie R. McKenz~e 0 C} 0 I BROUJOS & GILROY, P.c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET 717-243-4574 766-1690 L~L%E R. MCKENZIE, Plaintiff LINDA D. Divorce Code was McKENZIE, Defendant AFFIDAVIT A Complaint in divorce filed on IN THE COURT OF COMMON PLEA~ CUMBERI~n_ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 01- 222 CIVIL IN DIVORCE OF CONSENT under Section 3301(c) 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 5. I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: June ~ , 2002~~ Sworn to and subscribed before me this. ~ day of June~ 2002. Notarial Seal Bridget Ann Gorcoran, Notary Public Carlisle Boro, CumberlandCounty My Commission Expires June 10, 2002 LESLIE R. McKENZIE, Plaintiff VS. LINDA D. McKENZIE, Defendant BROUJOS & GILROY, v.c. ATTORNEYS AT LAW CARLISLE, PENNSYLVANIA 17013 717-243-4574 766-1090 : ~N T~E ~OUR~ OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 01- 222 CIVIL : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: June ~k, 2002 Linda D. McKenzme ~ LESLIE R. McKENZIE, : IN THE COURT OF COM/~ON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 01 222 CIVIL : LINDA D. McKENZIE, : Defendant : IN DIVORCE ORDER OF COURT AND NOW, this~ / ~ day of 2002, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated June 3, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Dale F. Shughart, Jr. Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant Geo~I. MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this[~ day of ~ ~/ , 2002, by McKENZIE, and between LESLIE R. hereinafter called "Husband" and LINDA D. called "Wife". WHEREAS, McKENZIE, hereinafter WITNESSETH: the parties hereto are Husband and Wife who were married on September 24, 1987 and separated on April 12, 2000, and WHEREAS, Husband has instituted divorce proceedings in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 01-222 which is scheduled for a Master's hearing on June 7, 2002; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between them, including without limitation by specification; settling all matters between them related to the ownership and equitable distribution of real and personal property and related economic claims including alimony; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and WHEREAS, the Husband and Wife are both represented by legal counsel who has advised them of their respective rights, privileges, duties and obligations relative to his property rights and interests arising from their marital relationship; and WHEREAS, each party is fully familiar with the marital property and with their respective rights and obligations under the Divorce Code, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, including all claims regarding divorce, equitable distribution of marital property, alimony, and related economic claims. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do agree as follows: 1. Upon execution of this Agreement the parties' attorneys shall notify the Master this case is settled and provide the Master with a copy of this Agreement and file withdrawals of economic claims with the Prothonotary. Contemporaneously with the execution of this Agreement, both parties shall execute Consents to Divorce and Waivers of Notices. Wife's attorney shall deliver her Consent and Notice to Husband's attorney on Monday, July 1, 2002. Husband's attorney shall then file the same and a Praecipe to Transmit with the Prothonotary. The Wife's attorney may deliver the sum of Nine ($9.00) Dollars to Husband's attorney and shall be provided a certified copy of the Decree. Neither party shall do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Decree in breach of this Agreement. 2. Pending the entry of a Divorce Decree, the parties shall live separate and apart from each other at such places as he and she may chose. Each party shall respect and act consistent with the other party's right to maintain a separate existence as though he and she were unmarried. 3. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No court may change the terms of this Agreement, and it shall be binding and conclusive upon the parties. A~ action may be brought at law, in equity, or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 4. The parties hereto have divided between them, to their satisfaction, all items of tangible marital personal property, including household furnishings, motor vehicles, boats and other similar property. Neither party shall make any claim to any such items of marital property in the possession of the other party. Should it become necessary, the parties each agree to sign, upon request, any further titles or documents necessary to give effect to this paragraph. q3- 5. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of the Husband shall be his sole and separate property and that in the possession of or titled in the name of the Wife shall be her sole and separate property. Each party hereby expressly waives any right to claim ownership of or any beneficial interest in any such accounts or life insurance policies of the other, vested or contingent, each party to retain full ownership of such rights as his and her sole and separate property. 6. Contemporaneously with the execution of the Agreement, Husband shall pay Wife the sum of $250, representing one-half of the cost of the real estate appraisal. 7. Both parties are obligated on a second mortgage loan at Allfirst Bank, Account No. 113945928002 secured against the wife's non-marital property 163 Kline Road, Shippensburg, PA, with a balance due of $5,146.05 on May 30, 2002. Wife shall be solely responsible for making payment of this loan in monthly installments until said loan is paid in full, in approximately two and one-half years. Except as herein provided both parties covenant and agree that all joint debts existing at the time of --4-- separation has been paid in full, and all joint credit cards have been cancelled. Each party agrees to indemnify and save and hold harmless the other from and against all such debt, liabilities or obligations of every kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 8. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep the other indemnified against all debts, charges, liabilities incurred by the other after the execution of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney fees actually incurred. 9. Husband is currently paying Wife spousal support of $398.67 per month, together with maintaining monthly medical insurance on the Wife at cost to the Husband of $121.33 per month, pursuant to an Order of Court dated June 20, 2000, as amended April 5, 2002, to Docket No. 383 Support 2000, PACSES No. 418102263. This obligation shall terminate effective June 30, 2002. Wife's attorney shall promptly deliver a copy of this Agreement to the Cumberland County Domestic Relations Office with notification to terminate such Order of spousal support effective June 30, 2002. Husband shall notify his employer to terminate Wife's medical insurance coverage effective the same date. The Cumberland County Domestic Relations Office shall calculate the credit balance or arrearage existing in the aforesaid account through June 30, 2002 and shall provide such calculation to attorneys for both parties. In the event of a credit balance, the amount of that credit balance shall be reduced from Husband's alimony payments due and owing to the Wife as hereinafter provided by reduction from the next monthly payments due and owing. In the event of an arrearage, Husband shall pay the amount of the arrearage directly to the Wife in full not later than July 31, 2002. 10. Husband shall pay alimony to wife, effective July 1, 2002, in the sum of $350 per month which shall be due and payable in the sum of $175 twice monthly, with payments due on or before the 1st and the 15th day of each successive month. Payments shall be deemed made on the date of their postmark. Said payments of $175 each shall be made directly by the Husband to the Wife for a period of three years, the last payment being due and owing on June 15, 2005. Thereafter, Husband shall continue making monthly alimony payments of $200 per month, effective July 1, 2005, for a period of two consecutive years, terminating on June 15, 2007. These payments shall be made directly by the Husband to the Wife by two semi-monthly payments of $100 each, --6-- due on or before the 1st and 15th day of each month, as aforesaid. Should Husband fail to make any payment due and owing to the Wife on or before its due date, the Wife shall be entitled to have this Alimony Agreement entered as an Order of Court through the Cumberland County Domestic Relations Office and to require payment to be made by wage attachment of the Husband's earnings. Husband shall cooperate fully with the Wife in regard to the payment of alimony through Cumberland County Domestic Relations Office in the event of default by Husband. The obligation of the Husband to pay alimony to the Wife shall terminate upon the happening of any of the following events: 1. 2. 3. The wife's remarriage; The death of the wife; or The death of the husband. The foregoing Agreement regarding alimony shall be non- modifiable and shall not be affected by changes in the earnings or earning capacities of the parties and if not previously terminated shall terminate conclusively on June 30, 2007, upon payment in full of all monthly payments due and owing hereunder. 11. The payments made as set forth in Paragraph 10 above, are intended by the parties to constitute alimony under IRC 71, and as such to be included in the income of the Wife and deductible by the Husband. If application hereof results in --7-- Husband having made "excess alimony payments" as defined IRC 71(f), the Wife shall pay to the Husband an amount equal to the tax savings actually realized her as a result of any deduction allowed her by the Internal Revenue Service under IRC 71(f) (1) (b), payable when realized. For purposes of the foregoing, the tax savings shall be calculated using Wife's tax bracket for the year in which the deduction is taken. If the Wife is entitled to such a deduction, she hereby agrees to claim the same as promptly as permitted and to remit the resulting savings to the Husband without delay upon receipt. 12. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property, an itemization of which is attached hereto, made a part hereof and marked Exhibit "A", and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as may otherwise be provided pursuant to the provisions of this Agreement. 13. Husband does hereby release, remise, quitclaim and forever discharge the Wife and the estate of the Wife from any and all claims he now has, ever may have or can at anytime have against the Wife or her estate of any part thereof, whether arising out of formal contracts, engagements or liabilities of --8-- the Wife, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Wife's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. 14. Wife does hereby release, remise, quitclaim and forever discharge the Husband and the estate of the Husband from any and all claims she now has, ever may have or can at anytime have against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widow's right or under the Intestate Law, arising by any right to take against the Husband's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. 15. If either party to this Agreement resorts to a law suit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such legal action, whether in -9- law, in equity, pursuant to the provisions of the Divorce Code or otherwise, as the same shall be determined by the Court. 16. The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 17. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 18. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 191 The Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. -10- 20. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness e~slie'R~'McKe e [SEAL] Linda D'. McKenzie~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND~ On this, the day of ~<-- , 2002, before me, the undersigned officer, personally appeared Leslie R. McKenzie, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, BONNIE I. ~ NOTARy PUBI.IC IIORO OF ~LISLF., CUMBERLAND COUNT'( MY COMMISSION EXPI~IES OCTOBER 17 2002 have set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA / / COUNTY OF CUMBERLAND On this, the ~ day of d~.~~ , 2002, before me, the undersigned officer, personally appeared Linda D. McKenzie, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, Notarial Seal Bridget Ann Corcoran, Notary Public Carliste Boro, Cumberland County My Commission Expires June 10, 2002 have set my hand and official seal. -12- LESLIE R. McKENZIE, Plaintiff Vs. LINDA D. McKENZIE, Defendant : iN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 01-222 CIVIL : : 1N DIVORCE PROPOSED DIVISION OF MARITAL PROPERTY LESLIE MCKENZIE Asset Allfirst Checking account Allfirst Saving account Value $ 5,188.00 $ 8,227.00 Franklin Financial Stock-non-marital$ 1172 shares gifted at 40,752.50 current 1,348 shares 616.25=22,579 0.00 Washington National Accoum Monumental Life cash surrender $ 7,069.00 Monumental Life, IRA 1996 Chevy Tahoe 15,580 less loan 9,406= 1996 Volkswagen Jetta-S8,000 sale price less loan 2,518= 1997 Polaris 4 wheeler ($2,850 sale price) 8 x 10 utility trailer $1,529.00 $ 6,174.00 $ 5,482.00 $ 2,850.00 $ 55O.OO LINDA MCKENZIE Asset Value Patriot FCU, Prime Account $ 5,990.00 Patriot FCU Draft Account $ 965.00 J. Schoenman retirement, if any. Washington National Acct. Monumental Life Cash Surrender value Unknown $ 5,978.00 1996 Olds Achieva (trade in value) $ 3,000.00 Increase in value on 163 Kline Road, Shippensburg (non-marital) 38,000.00 less mortgage of 5,000 $33,000.00 Exhibit "A" To Marital Settlement Agreement Riding lawn mower $ 1,000.00 Shed $ 500.00 Appliances $ 500.00 1988 19ft Renken $ 4,000.00 $ boat Totals: $41,069.00 $50,933.00 Values based upon date of separation as to intangible personal property and non-marital property and dates of sale, transfer as to motor vehicles. Exhibit "A- 1" LESLIE R. McKENZIE, Plaintiff VS. LINDA D. McKENZIE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - I~W : 01-222 CIVIL : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service by Hubert X. Gilrov, EsQuire, attorney for Linda D. McKenzie. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff June 3, 2002; by defendant June 4, 2002. (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the respondent 4. Related claims pending: NONE 5. (Complete either (a) or (b).) intention attached: (a) Date and manner of service of the notice of to file praecipe to transmit record, a copy of which is (b) Date plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: June 7, 2002. was Date defendant's Waiver of Notice in ~ 330~(c) Divorce filed with the prothonotary: ~ June 6, 2002. / ! ~'~Attornd~~i~iff Dale F. Shu~rt, Jr. 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 LESLIE R. McKENZIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~, PENNA. NO. 01-222 CIVIL VERSUS LINDA D. McKENZIE, Defendant AND NOW, DECREED THAT DECREE IN DIVORCE AND LINDA R. McKENZIE D. McKENZIE 2002 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; N/A