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HomeMy WebLinkAbout04-2909RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. ray- aeon CIVIL TERM BARBARA SCOTT, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 McNEES ALLACE & NU C LLC By Pamela L. Purdy 100 Pine Street, P. 0. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 RONNIE L. SCOTT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. NO. Oy-.;290`J CIVIL TERM BARBARA SCOTT, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT And now comes Plaintiff, Ronnie L. Scott, by and through his counsel, McNees Wallace & Nurick LLC, and files the following Complaint in this matter. COUNTI Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is Ronnie L. Scott who currently resides at 5120 East Creek Drive, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant is Barbara Scott who currently resides at 8 Teal Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Illinois. 5. parties. 6. Plaintiff and Defendant were married on October 10, 1964 at Chicago, There have been no prior actions of divorce or for annulment between the The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. B. Section 3301(d): The marriage of the parties is irretrievably broken. Plaintiff and Defendant separated on April 25, 2004. After the parties have lived separate and apart for two years, and unless a divorce is entered on other grounds, Ronnie L. Scott will file an Affidavit alleging that the parties have lived separate and apart for a period of two years and that the marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives his right to such counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. -2- COUNT II Equitable Distribution 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Sections 3501 and 3502 of the Divorce Code. 11. Plaintiff and Defendant have not agreed to an equitable distribution of this property. 12. Plaintiff requests the Court to equitably distribute all the property. WHEREFORE, Plaintiff requests the Court to enter an Order equitably dividing all of the marital property. McNEES WALLACE & NURICK LLC By 0_ Pv?' James P. DeAngelo I. D. # 62377 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: (o/a31201y -3- VERIFICATION 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.S. §4904, relating to unsworn falsification to authorities. R nie?Scott Dated: V1410Y -4- v v C W n C h? P r r k 0 C r? ?ZL l RONNIE L. SCOTT, Plaintiff V. BARBARA SCOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2909 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION PREVENTING REMOVAL, DISPOSITION, ENCUMBERING OR ALIENATION OF PROPERTY UNDER SECTION 3505 OF THE DIVORCE CODE AND PA.RC.P. 1920.43(A) AND NOW comes the Petitioner, Barbara Scott, by and through her attorney of record, Cara A. Boyanowski, Esquire, and petitions the Court as follows: Petitioner/Defendant is Barbara A. Scott, an adult individual currently residing at 8 Teal Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent/Plaintiffis Ronnie Scott, an adult individual currently residing at 5120 East Creek Drive, Harrisburg, Dauphin County, Pennsylvania. 3. Petitioner and Respondent are husband and wife, having been married on October 10, 1964, in Chicago, Cook County, Illinois. 4. The parties separated on April 25, 2004, when Respondent removed his personal items and himself from the Marital Residence. 5. On June 23, 2004, Respondent Sled a Complaint in Divorce under Sections 3301(c) and 3301(d), with this Honorable Court. This Complaint also included an additional count for Equitable Distribution. 6. Petitioner and Respondent are the owners of several marital assets, including, but not limited to, real property, bank accounts, investment accounts, automobiles and businesses. Three investment accounts are managed through Merrill Lynch. Two accounts of these accounts are titled in the joint names of the parties and one account is titled solely in the name of Petitioner. In total, these three accounts are valued at approximately Four Million ($4,000,000.00) Dollars. Copies of the Merrill Lynch CMA Account statements, dated May 28, 2004 are attached hereto and incorporated herein as Exhibit "A." 8 On June 24, 2004, Respondent, without the knowledge or consent of Petitioner, contacted Merrill Lynch and requested that Two Thousand (2,DD0) shares of Penn National Gaming Corporation stock be sold from one of the parties' jointly titled investment accounts. 9. The sale of these shares of stock is expected to net approximately Sixty-Five Thousand ($65,000.00) Dollars. A copy of the Trade Confirmation statement from Merrill Lynch is attached hereto and incorporated herein as Exhibit "B." 10. The payment for the sale of these shares of stock is June 29, 2004. 11. On June 29, 2004, after receiving copies of the Trade Confirmation statements, Petitioner contacted Merrill Lynch to determine the whereabouts of the sale proceeds. She was informed the sale proceeds would be deposited into the parties Cash/Money Accounts, which would permit Respondent to write a check to receive the sales proceeds. 12. The Merrill Lynch investment portfolio is a major asset of the parties. 13. Respondent is the owner of his own business and draws approximately $50,000.00 bi-weekly as a salary. 14. Petitioner is a homemaker, not employed outside of the home. 1 5. It is averred that Respondent's actions of selling ;shares of stock and otherwise dissipating marital assets, is contrary to the interests of Petitioner and in violation of the obligations owed by Husband to Wife under the Divorce Code. 16. Petitioner has a legal right, title and interest in these assets and is asking the Court to secure their values so that they are available for the purposes of equitable distribution. 17. By selling, transferring, disposing, encumbering, concealing, removing or alienating the investment accounts, and any other marital assets, without accounting for same to Petitioner, defeats the purpose and powers of equitable distribution, and wrongfully and intentionally prevents Petitioner from exercising her right of ownership in said property. WHEREFORE, Petitioner prays for equitable relief as follows: A.) Issue an injunction enjoining Respondent from withdrawing the net sales proceeds realized from the sale of the Perm National Gaming Corporation stock, which will become available on June 29, 2004; B.) Issue an injunction enjoining Respondent from disposing, transferring, encumbering, concealing, selling, removing, or alienating any marital property absent written agreement between the parties; C.) Issue an order requiring an accounting of all withdraws made by Respondent from any marital assets, except those which have been previously agree to by the parties; and D.) Such other relief as your Honorable Court may deem appropriate. Respectfully submitted, DALEY ZUCKER & GINGRICH, LLC LP -;.9--Oq (kft- Cara A. Boyanows Esquire Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-3795 Attorney for Defendant/Petitioner VERMCATION Upon my personal knowledge, information and belief, I, Barbara Scott, do hereby verify that the facts averred and statements made in the foregoing Petition for Special Relief are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: °Z O By: arbara Scott ' m 3c 0 3A X oc z 3 '+ z m m au i e c D CV ,. t c m m D p Di o O 5 m F N a , _, 64 m - ? 3 s p? € 0 Y N tam Wc' tl _ , S r Zi fi ? 3 F. d # , P F t n V v ?? F 6 TO µ Q k } 4 OBa 111io S 3 79 a t y ?"'I e g i k ,$ 3 g W ± Q m ' A ? G N ? X g r - J w CD JVIiN? °e-1 ?JNi 014 m FxaaxF? a i . rt f w d y ? • { ? 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M co a N: y 3 N ffi= O 'J e .C R RMIMMM N N W pi P b N W W N OJ v A C -1 3 ^? r ? r o d ? 0 it P c ? 'W m C S` C D 9 > ?. m 3 0 a' i 6 min w N N Mo V °c? w k-s m ` log' $ N IB ' O e? C ? apr? v' :PM ? o 0 Y O O w M °-a is o 0 .mg 6? w ;,. ado R. P. ? now a t n Ql a3 eri a c O >; oil M ' %C m O ? N N N S 3 } m 4 W omCFd al4 0•8 f ?ow3w° \/ r M0 mIG 9 i ee' 0 co mm y -4 m ° w " N J r W O W . J O J •. X41 _ 0%D m O ao ' i -CO i .; z °pm-k.° (D ...? as m O ?Eq cr m ' 02 w J N . O r mn 10 J N F O J J N N F an 3 ? m H wi F 9 m CI ' b y?y 3 w m m A Q ° M 7?g 7 ° w C NO p w -F' e Vi F m W e "I rr D M Z' mm e D $ 7r 7r 00, D my p 9 up o t n T w p 0 rt V 9 7 ,? 63 ee w mm m a 0 mm 07 33 O d O ` Nc d ?? k ' ?? k qp WE s ?C :A ? M p Y k m D' ? w 0 O a 70 r 8 ? Nom. g w O a V ' 22 O 7 N- O 1 ,. s e?? a m S ' ems n, N- d b O J m O Y01 NNN 7 m M NNW O%V J ~ 000 $ o. n zzz act m m m 17/1 =`c =_= c y coo. '7 o' 9 { $ p Ww 51 ±R O O yd 1? w o p k2 -i W_. A O 9 # p ?n o ?T ?t O y? N N O O F 0 W? N GC (a z O 02 us O ql 7 0 % 06 a o .+ eM M 0 - 1 s A? C ?Mj 1 N NCO C Nom. O N `C < ^ as w '? ± A d . " 7 m < 7 m J YI Al z } t x W 3 r 3 c mm 3 r-r - r a r- r- '>,- - m: ' w >w >w zz.zzs T T T > O O V <? 3: : O p + _ x y O.IT1 ? N' z ? ' O y m y m vPo. y sm A A NJ V1 A 3 3 W JQ 3 . J •o . . ,. v m Nb o m O F 'a 1>i q 7 d y J :? y ro W 0 0 J r ? n d !!?? p N4f W W y 66 f 00 o J J V J A ' m c T. K 06/28/04 16:31 FAX 717 795 2921 THE SCOTT'S Z 002 Merrill Lynch ' P.O. Box 2044 Lakewood, NJ 08701 1...111...111....I.I.II.....I.I.I I....I I.II...11...1..1.1..1. •"".''AUTO"ALL FOR AADC 170 T17616 0017069 171 P149 0.301 BARBARA/A/SCOTT FAO RONNIE & BARBARA SCOTT 8 TEAL RD MECHANICSBURG PA 17050 office Serving Your Account P.O. BOX 0810 CAMP HILL PA 17001-0810 (717) 9754600 I,, Account Number: 872-42598 .• Duplicate Copy •` TOTAL MERRILL- TRADE CONFIRMATION Trade Date: June 24, 2004 We confirm the following transaction(s) subject to the agreement below. SOLD PENN NATL GAMING CORP ML Svmbol PENN Settle Date 06/29104 Security # 5851.12 Cusip # 707569109 FA # 8163 EXECUTED O.T.C. WE ACTED AS PRINCIPAL SOLD PENN NATL GAMING CORP 263 Price 32.54 S.E.C. Fee 0.21 Accrued InterestiDividends WE MAKE A MARKET IN THIS ISSUE UNSOLICITED ORDER ML Svmbol PENN Settle Date 06129/04 Security # 585U2 Cusip # 707589109 FA # 8163 EXECUTED O.T.C. WE ACTED AS PRINCIPAL SOLD PENN NATL GAMING CORP Accrued WE MAKE A MARKET IN THIS ISSUE UNSOLICITED ORDER su.tiz ML Symbol PENN Settle Date 06129/04 Security # 5851.12 Cusip # 707569109 FA # 8163 EXECUTED O.T.C. WE ACTED AS PRINCIPAL Account Number. 672.42595 8514.00 Trade Date: 08124/2004 Pagel of 4 P S it 0041071 WE MAKE A MARKET IN THIS ISSUE UNSOLICITED ORDER 06/28/04 16:31 FAX 717 795 2921 THE SCOTT'S R003 ¦ TOTAL MERRILL- TRADE DETAILS (continued) SOLD PENN NATL GAMING CORP Quantity 137 Price 32.55 Amount 4459.35 ML Symbol PENN Settle Date 06/29/04 Security # 585U2 Cusip # 707569109 FA # 8163 EXECUTED O.T.C. WE ACTED AS PRINCIPAL SOLD PENN NATL GAMING CORP Quantity 100 Price - 32.55 Amount 3255.00 ML Symbol PENN Processing Fee Settle Date 06129/04 0.08 Security # 585U2 _ Cusip # 707569109 15.31 FA # 8163 WE MAKEA MARKET IN THIS ISSUE UNSOLICITED ORDER EXECUTED O.T.C. WE ACTED AS PRINCIPAL SOLD PENN NATL GAMING CORP Quantity 100 Price 32.55 Amount 3255.00 ML Symbol PENN Processing Fee Settle Date 06129104 S.E.C. Fee 0.06 Security # 5851.12 Accrued Interest/Dividends Cusip # 707569109 Charge or Mark Up/Down 25.31 FA # 8163 WE MAKE A MARKET IN THIS ISSUE UNSOLICITED ORDER EXECUTED O.T.C. WE ACTED AS PRINCIPAL SOLD PENN NATL GAMING CORP Quantity 100 Price 32.58 Amount 3256.00 Processing Fee S.E.C. Fee 0.08 or WE MAKE A MARKET IN THIS ISSUE UNSOLICITED ORDER ML Symbol PENN Settle Date 06/29104 Security # 585U2 Cusip # 707569109 FA # 8163 EXECUTED O.T.C. WE ACTED AS PRINCIPAL Account Number: 972.42596 Trade Date: 0612412004 Page 2 of 4 04410]2 WE MAKE A MARKET IN THIS ISSUE UNSOLICITED ORDER 06/28/04 16:34 FAX 717 795 2921 THE SCOTT'S TOTAL MERRILL" TRADE DETAILS (continued) ROLD PENN NATL GAMING CORP ML Symbol PENN Settle Date 06/29/04 Security # 585U2 Cusip # 707569109 FA # 8163 EXECUTED O.T.C. WE ACTED AS PRINCIPAL SOLD PENN NATL GAMING CORP Quantity 100 Price 32.56 Amount 3256.00 ML Symbol PENN Processing Fee Sefi/e Date 06/29104 S.E.C. Fee 0_08 Security # 5851.12 Accrued Interest/Dividends Cusip # 707589109 Charme or Mark UWDown 25_30 FA # 6163 WE MAKE A MARKET IN THIS ISSUE UNSOLICITED ORDER EXECUTED O.T.C. WE ACTED AS PRINCIPAL Payment for securities or other Investment purchased, and delivery of securities or other Investment Instruments said, arm due on SETTLEMENT DATE unless otherwise indicated by a DATE DUE. Delivery on or before settlement dale Will Avoid premium charges. Please preserve this confirmation for Income tax purposes. Please write your account number shown above en the face of your check, money order or correspondence and forward to the office serving your account If you have moved or plan to move, notify your Financial Advisor of your new address. Account Number: 67242596 Trade Date: 08/24/2004 Page 3 of 4 2001 nonsense ¦? e s_ nonsense a.osiona assesses rrsirtiri WE MAKE A MARKET IN THIS ISSUE UNSOLICITED ORDER 06/28/04 16:34 FAX 717 795 2921 THE SCOTT'S 41!002 TOTAL MERRILL" IT IS AGREED BETWEEN MERRILL LYNCH, PIERCE, FENNER b SMITH INCORPORATED (MERRILL LYNCH) AND YOU THAT: (1) All transactions are subject to the constitution, rules, customs, usages and rulings of the exchange or market, and its clearing house, if any, where executed, and if not executed on an exchange, those of the NASD, as well as applicable federal and state laws and regulations. (2) This confirmation shall be deemed conclusive if not objected to within 10 days. (9) Municipal bonds may have call features that could affect the yield; we will provide complete information on request. (10) When a security is quoted ex-dividend or ex-interest, all buy, sell stop and sell stop limit orders will be reduced on the ex-date by the value of the payment unless otherwise specified. When a security is ex-rights or ex-distribution, such orders will be reduced without exception. All sell, buy stop and buy stop limit orders will not be reduced. (3) All purchase transactions for your account require (11) We trade for our own account In various payment on settlement date. All sales transactions are securities as a market maker, specialist, dealer, made based upon your representation that you have block positioner or arbitrageur, and thus, at any actual or potential possession and will make timely given time, may have a long or short position In delivery, unless the security sold is held in your account. a security you are trading. Late delivery may result in additional charges for premium payment on securities borrowed. We reserve (12) Where a foreign currency is Indicated in the the right to close transactions without further notice security description or where you choose to when, in our judgment, margins on deposit with us are convert from the currency in which the security below our requirements. or payment thereon Is denominated, information provided with respect to principal, Interest, (4) We will hold for your account all securities bought and dividend and/or yield Is subject to fluctuation in proceeds of securities sold unless you instruct us applicable exchange rates and costs. Any foreign otherwise. currency conversion may have been conducted through Merrill Lynch or one of our affiliates, (5) Until all your obligations of any kind to Merrill Lynch are which may have profited in connection with such discharged, we may without notice to you (i) pledge or conversion. hypothecate any securities or other property purchased, deposited or held for your account as collateral, (13) Transactions executed in overseas markets may including circumstances under which such securities or have been conducted through an affiliate of other property may be commingled with those of other Merrill Lynch. clients and (it) lend securities or other property owned by you or deliver the same on others' contracts of sale (14) Upon request, the name of other party to without Merrill Lynch having in our possession and transaction and the time of trade will be control for delivery a like amount of similar securities or provided. other property. (15) For reported securities, unless otherwise (6) If securities loaned for a short sale for your account are indicated 'price' is the reported price, no longer available, we reserve the right to decide, by random selection, which position will be subject to a (16) Unless otherwise agreed with you in writing, this buy-in. agreement will apply to any successor of Merrill Lynch, whether by merger, consolidation or other (7) It is your responsibility to cancel any open order for means, and we may transfer your account to any your account. You should be particularly mindful of this such successor, when entering a substitution order. (17) SALES CHG F'D and SALES CHG % represent the (6) Except for certain custodian accounts, we hold all bonds total commissions, and the percentage of and preferred securities in bulk segregation. In the commissions, respectively, paid on the purchase event of a call, the securities to be called will be of a mutual fond containing front-end sales selected at random; the probability of your holdings charges. Purchases at certain dollar thresholds, being selected will be in proportion to all such securities and other criteria, may qualify purchases for held with us. lower sales charges. Please see the fund's prospectus for additional information. MCIV 6419 Merrill Lynch Account Number: 672-42596 Trade Date: 06/24/2004 Page 4 of 4 0041073 CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certify that on the date indicated below I served a true and correct copy of the foregoing Petition for Special Relief, on all interested parties, by depositing same from Harrisburg, Pennsylvania, first class mail, postage prepaid, addressed as follows: James P. DeAngelo, Esquire Pamela L. Purdy, Esquire McNEES WALLACE & NURICK LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 DALEY ZIUCKER & GINGRICH, LLC Date: -zQ-()H kA JA iAAj Jj- By: Cara A. Boyanows , Esq. Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant/Petitioner c:; ?? c? - - ?; M. - _.. -- :_ -„ : ?;-: -. _ ??a ,.. ;;:, - -?;; _ ?? < _ 4?" - . U RONNIE L. SCOTT, Plaintiff V. BARBARA SCOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2909 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this Z L day of 2004, upon consideration of Defendant's "Petition for Special Relief in the Form of an Injunction Preventing Removal, Disposition, Encumbering or Iienatiotof property under Section 3505 of the Divorce Code and b o zv i es vc. p Pa.R.C.P. 1920.43(a)," Respeedent,4 ifftiQ enjoined from disposing, transfemng, encumbering, concealing, selling, removing, ?o-}x alienating any marital prop absent a written o r P nr l h cr Ql lc . -- -DJ O? agreement between the parties and lZompo ' ac ,in.. of on .:,:thdmw- he has w-Ae Prow uy naddaLllsse.ts exc f ,? 1?c CeJJ??J? s sea rc 2) , Go Ni`Ge- z) c- re S?C? ? G9j) 2? ? ? ? ,?J 1.1.?1(GT> e t1?1 sG?J C?I?I?? .'L?t Z NC2^t???r?7 On 1 G. pis" C? ?. ?.J4 S ?1/Vl l?{$^ la J C- IUwrIrerAe QOdt ?CEL1lr7WGCl t7 aCK?` Svt ?J1d C- BY THE COURT, -14*79 - RONNIE L. SCOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2909 CIVIL TERM BARBARA SCOTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Barbara Scott, in the above captioned matter. Respectfirlly submitted, DALEY ZUCKER & GINGRICH, LLC - - 4ft* Cara A. Boyanowslki, Esqu Supreme Court I.D. No. 678736 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 Attorney for Defendant ?? fJ r3 C C:J ? "(T ._. _' f _ ?, ,_T C'_, J . ?; ? ? -,;-- ..,5 ?? . _ , - _ .? a _ ? , ' ;? -c .;:. - ;,`V c ? -? RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2909 CIVIL TERM BARBARA SCOTT, CIVIL ACTION - LAW Defendant IN DIVORCE PROOF OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce in the above matter was served on the Defendant, Barbara Scott, by certified mail, restricted delivery, return receipt requested on June 24, 2004. See (Exhibit "A" attached. The Complaint in Divorce was received and signed for by the defendant, Barbara Scott on June 28, 2004. The original of the return receipt is attached hereto as Exhibit "B". McNEESWALLQ?A,?CE & NURICK LLC F Z' By I Delano M. Lantz I.D. No. 2,1401 Pamela L. Purdy I.D. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237•-5348 Date: July 1, 2004 Attorneys for Plaintiff o? sC 0 L , a to Ln r Rl Retur C3 (EWmo O Resmc r-3 (Entlorsem co (v Togl Po: m p Sent To ra sr Apt C3 or Po Box O r, Blry Sfete, ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. x ? Aaaxt ¦ Print your name and address on the reverse Ad. that we can return the card to you. B. Received by (Printed Neme) C. Date of Delivery ¦ ttach this card to the back of the mailpiece, on the front if space permits. 1. 'cle Addressed to: D. Is del' different from 7 ? Yes r del' y address No • •NO . 8Gr bwra Sw Te r l (Lo - - - . ry \ Service Type Q ? Mail ? Express Meil 2a U ? ? Regis Q e urn aces for MerohrMite y ? Insured Mail ? C.O.D. 4 Restricted Delivery? (Extra Fee) ur Yes 2. Article Number`1flOI O63 `?S$a S?4O (Tianster from service lebep PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 r? "ic 7Si cn RONNIE L. SCOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2909 CIVIL TERM BARBARA SCOTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Barbara Scott, in the above captioned matter. Respectfully submiitted, DALEY ZUCKER & GINGRICH, LLC Kathleen Misturak. Gingrich, Esquire Supreme Court I.D. No. 41682 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant (V l _ f L7 L-? ' -II?YI PQ RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW BARBARA SCOTT, NO. 04-2909 CIVIL TERM Defendant IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 2nd day of July, 2004, following a telephone conference with counsel for Plaintiff in the person of Donald B. Kaufman, Esquire, and counsel for Defendant in the person of Cara A. Boyanowski, Esquire, the order of court dated June 29, 2004, is hereby amended by the addition of the following: NOTHING HEREIN is intended to preclude Plaintiff from arranging for trades within jointly held investment accounts of the parties and other investment accounts which are marital property and in which he has a legal right to trade; provided, that the trades are not financially unreasonable and that no withdrawals occur. Plaintiff shall promptly provide notice of any such trades to Defendant. IN ALL OTHER RESPECTS, the order of court dated June 29, 2004, shall remain in full force and effect. BY THE COURT, J. Wesley let, r„ J. 7 Donald B. Kaufman, Esquire 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Plaintiff Cara A. Boyanowski, Esquire 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Defendant ?yvuu,LccC Cufzy ?. 0 a1. 04 Am RONNIE L. SCOTT, IN THE COURT COUNTY, PENNSYLVANIA Plaintiff CUMBERLAND CIVIL ACTION -LAW V. BARBARA SCOTT, NO. 04-2909 CIVIL TERM Defendant DEFENDANT'S PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION PREVENTING TONG OR REMOVAL DISPOSITION EnN.m R 41RCRI ORDER OF COURT AND NOW, this 6a' day of July, 2004, a hearing to determine whether the above- captioned injunction should be terminated, modified or continued in effect is scheduled for Tuesday, July 13, 2004, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J Pamela L. Purdy, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Plaintiff Cara A. Boyanowski, Esq. 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Defendant ,,,emue.d 0i'01 (4, :rc 41.j r i 14 QIS .C Hd L-100 4002 ?>'/jC,NQ; iOHd 3LU dO ?„"}Ia?aO-0313 RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 04-2909 CIVIL TERM BARBARA SCOTT, : CIVIL ACTION - LAW Defendant IN DIVORCE: PLAINTIFF'S ANSWER AND NEW MATTER TO PETITION FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION PREVENTING REMOVAL, DISPOSITION, ENCUMBERING OR ALIENATION OF PROPERTY UNDER SECTION 3505 OF INC DIVORCE CODE AND PA R.C.P. 1920.43- A) AND NOW comes Plaintiff Ronnie L. Scott, by and through his attorneys, McNees Wallace and Nurick LLC, and files this Answer and New Matter to Defendant's Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part, denied in part. The parties have three marital CMA accounts with Merrill Lynch. The value of the three accounts as of May 28, 2004, per Defendant's Exhibit "A," attached to her Petition, was $5,178,417.65. Denied that the accounts are "managed" through Merrill Lynch. As to the accounts titled in joint names, Merrill Lynch is the broker that executes trades at the instruction of Plaintiff. Merrill Lynch has no authority to make investment decisions on these joint accounts. While Merrill Lynch from time to time has made recommendations to Plaintiff, the decision as to whether to buy or sell a particular investment has been made solely by Plaintiff. With respect to the joint accounts, Defendant has not been involved in these decisions. However, Defendant has had account statements available to her for her information. With respect to the account titled solely in the name of Defendant, that account has been managed by Defendant. Plaintiff has made suggestions to Defendant regarding investments in her account. 8. Admitted in part, denied in part. In the normal course of the management of the joint accounts over ten years, Defendant was not consulted in advance of buy/sell decisions by Plaintiff. Plaintiff believed he had Defendant's implied consent to continue trading as he had done in the past. The trade at issue was made routinely and consistent with the pattern of trading on the joint accounts over ten years. 9. Admitted. 10. Admitted. 11. Denied. After reasonable investigation, Plaintiff is without knowledge as to the truth of this allegation and, therefore, it is denied. By way of further answer, the proceeds were in fact deposited in the cash money market account. As has been the case for over ten years, Plaintiff (as well as Defendant) had the ability to write a check on the money market account. Denied that Plaintiff had any intention to withdraw the proceeds. A simple telephone call or contact either by Defendant to Plaintiff or Defendant's counsel to Plaintiffs counsel could have easily clarified this issue. 12. Admitted. -2- 13. Denied. Plaintiff is the primary shareholder in Forklifts, Inc. Plaintiff receives a bi-weekly paycheck on average of approximately $27,911.10. 14. Admitted. 15. Denied. Plaintiff has not dissipated any marital assets. Plaintiffs actions are consistent with his actions prior to the filing of the divorce complaint. Moreover, Plaintiff has not made any actions that are contrary to Defendant's interests and in violation of the obligations owed by Plaintiff to Defendant under the Divorce Code. In fact, Plaintiff made a significant profit for the parties by initiating the transaction complained of by Defendant. 16. Admitted in part, denied in part. Admitted that Defendant has a legal right, title and interest in the marital assets. Denied that 'the Court needs to secure their values. By way of further answer, if Plaintiff is prevented from managing the parties' joint assets as he has done in the past, the marital estate will suffer from the lack of Plaintiffs management of the assets. If a broker makes buy/sell decisions, the accounts will incur increased fees while losing the benefit of Plaintiffs management experience. Defendant is free to manage the account in her sole name, subject only to the current Court Order. 17. Denied. Plaintiff has managed the parties' joint assets throughout their marriage. Plaintiff has done nothing to dissipate marital assets and has not removed marital assets from the accounts. Plaintiff is in no way preventing Defendant from exercising her right of ownership to the marital property consistent with the way the -3- assets were managed in the past. But for the Court's Order, Defendant may continue to manage the account in her own name as she has done in the past. NEW MATTER 18. Defendant petitioned the court and obtained an injunction on an ex parte basis without attempting to get in touch with Plaintiffs counsel. 19. Defendant has not posted a bond. 20. There was no immediate and irreparable harm that was about to occur when Defendant filed her petition for special relief. 21. There is an adequate remedy at law if Plaintiff were to dissipate marital assets. 22. The transaction that Defendant complains about actually resulted in a profit for the parties. 23. Plaintiff ordered the sale of the Penn National stock in the ordinary course of his managing of the parties' joint assets. 24. Plaintiff had no intention of removing and Defendant has not provided evidence that Plaintiff intended to remove the proceeds from the sale of the Penn National stock from the Merrill Lynch account. 25. Plaintiff has managed the parties' joint stock portfolios throughout the marriage and has increased the parties' wealth by doing so. 26. No other party has the authority to manage the parties' joint assets other than Plaintiff. Defendant has managed the account in her sole name. -4- 27. If Plaintiff is barred from managing the parties' joint assets, no one will be managing the assets unless unnecessary fees are paid to a broker, and, as a result, they are at risk of decreasing in value. WHEREFORE, Plaintiff Ronnie L. Scott respectfully requests that the injunction be dissolved. McNEES WALLACE & NURICK LLC By d James P. DeAnge o I.D. # 62377 Donald B. Kaufman I.D. # 49674 Pamela L.. Purdy I.D.#85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: July 6, 2004 -5- VERIFICATION 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.S. §4904, relating to unsworn falsification to authorities. c R6nni6 L. Scott Dated: -6- CERTIFICATE OF SERVICE: The undersigned hereby certifies that on the 8«' day of July, 2004, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Cara A. Boyanowski, Esq. Daley, Zucker & Gingrich, LL.C 1029 Scenery Drive Harrisburg, PA 17109 Vl.. Pa la L. Purdy of Counsel 'for Plaintiff L -z Fn r,,,. lD ntl? T _ .Z-Tl T C, tv y? RONNIE L. SCOTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2909 CIVIL TERM BARBARA SCOTT, :CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Barbara Scott, in the above- captioned matter. Respectfully submitted, DALEY ZUCKER & GINGRICH, LLC Date: 07/13/04 - is Carey Zucker, E omey I.D. No. 37334 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant CERTIFICATE OF SERVICE I, Patricia Carey Zucker, Esquire, hereby certify that on this 13`h day of July 2004, I served a true and correct copy of the Entry of Appearance on all interested parties, by depositing same via hand delivery and United States First Class Mail, postage prepaid, addressed as follows: James P. DeAngelo, Esquire Pamela L. Purdy, Esquire McNEES WALLACE & NURICK LLC 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 DALEY, ZUCKE,R & GINGRICH, LLC cia Carey Zucker, orney I.D. No. 37 1029 Scenery Drive Harrisburg, PA 171 9 (717) 657-4795 Attorney for Defendant N o C _ r R f ' r..: - ---t i'r" n , r _v, -?J r, t,. -- ? - _i _S-?, YC?.. i `? 7'7 - ? W G RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v 04-2909 CIVIL TERM BARBARA SCOTT, CIVIL ACTION - LAW Defendant IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 13th day of July, 2004, by agreement of the parties, the Orders of June 29, 2004, and July 2nd, 2004, remain in effect, except as modified as follows: 1. Plaintiff and Defendant will each receive $250,000.00 in marital property as an advance on equitable distribution as follows: a. Each party will receive $250,000.00 from Merrill Lynch Account number 872-42596 as follows: $150,000.00 in cash and $100,000.00 in shares of American Washington Mutual Fund Class A stock. b. Plaintiff and Defendant will treat their respective $250,000.00 advance as an advance on equitable distribution. Neither party will have any duty to account to the other for the use of the advance after receipt of it. C. Neither party will deposit any portion of his or her advance of equitable distribution into an existing marital account. Notwithstanding the foregoing sentence, either party may deposit any portion of the advance into the respective checking accounts identified in paragraph 2 below. If either party intends to keep any portion of the advance in an account or accounts at Merrill Lynch, then he or she will establish a new account, separate and apart from the existing accounts. d. Each party will be responsible for the -i - t3J . ' n M a LLI ?- O V N tax liability, if any, incurred in connection with his or her $250,000.00 advance on equitable distribution. 2. Defendant will have the right to fully use (write checks, withdraw money, etc.) M&T Bank joint checking account #636711. Plaintiff will have the right to fully use (write checks, withdraw money, etc.) his M&T Bank checking account routing 4031302955. Neither party will deposit marital assets or the proceeds therefrom into the accounts referenced in this paragraph. Donald B. Kaufman, Esquire Pamela L. Purdy, Esquire James P. DeAngelo, Esquire McNees Wallace & Nurick, LLC P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 For the Plaintiff Cara A. Boyanowski, Esquire Patricia Carey Zucker, Esquire 1029 Scenery Drive Harrisburg, PA 17109 For the Defendant By the court, J. Wesley Oler, Jr., j. :mae RONNIE L. SCOTT, PLAINTIFF V. BARBARA SCOTT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2909 CIVIL, TERM : CIVIL ACTION -LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or properly or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, 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. LF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en Is corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dies de plazo al partir de la fecha de la demands y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomira medidas y puede emrar una orden contra usted sin previo aviso o notification y por cualquier quoj a o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE D]E PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OIFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 RONNIE L. SCOTT, PLAINTIFF V. BARBARA SCOTT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2909 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCEE ANSWER TO COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE WITH COUNTERCLAIMS AND NOW, comes the Defendant, Barbara Scott, by her attorney, Cara A. Boyanowski, and files this Answer to Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code With Counterclaims, and sets forth the following: COUNTI DIVORCE It is believed that the information provided in Paragraph One ofthe Divorce Complaint is accurate, however, Defendant has no first hand knowledge or information as to where Plaintiff is residing at the present time. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that Plaintiff believes the marriage is irretrievably broken; it is denied that Defendant has reached the conclusion that the marriage is irretrievably broken due to the manner in which Plaintiff left the Marital Residence. 7. Admitted in part and denied in part. It is admitted that Plaintiffremoved himself from the Marital Residence on April 25, 2004, after providing Defendant with a letter stating that he was not happy in the marriage and was leaving her and the Marital Residence, It is denied that Defendant is working under the assumption that the divorce action will be finalized in ninety (90) days with the signing of Affidavits of Consent. 8. Defendant has no knowledge as to truth of the averment set forth in Paragraph Eight (8) of the Divorce Complaint. 9. The averment set forth in Paragraph Nine (9) is a conclusion of law to which no answer is deemed necessary. WHEREFORE, Plaintiff respectfully requests this Honorable Court to not enter a Decree in Divorce dissolving the marriage between the Plaintiff and Defendant under Sections 3301(c) or (d) of the Divorce Code. COUNT H EQUITABLE DISTRIBUTION 10. Admitted. 11. Admitted. 12. The averment set forth in Paragraph Twelve (12) is a conclusion of law to which no answer is deemed necessary. WHEREFORE, Defendant requests your Honorable Court to equitably divide all marital property. COUNTERCLAIMS COUNT H DIVORCE 13. Paragraphs 1 through 9 of the Complaint in Divorce, filed on June 23, 2004, are incorporated herein by reference as though set forth in full. 14. The cause of action and section of the Divorce Code under which Defendant is proceeding are that Plaintiff, in violation of his marriage vows and the laws of the Commonwealth of Pennsylvania, specifically under Section 3301(a)(2) ofthe Pennsylvania Divorce Code, Act 29 of 1980, did commit adultery, with one Debbie Burke, at various times throughout the course of the parties' marriage, until and including the present time. WHEREFORE, Defendant requests your Honorable Court to enter a Decree in Divorce, under Section 3301 (a)(2) of the Pennsylvania Divorce Code, divorcing Plaintiff and Defendant. COUNT HI EQUITABLE DISTRIBUTION 15. Paragraphs 1 through 9 of the Divorce Complaint, filed on June 23, 2004, are incorporated herein by reference as though set forth in full. 16. Plaintiff and Defendant have acquired property, both real and personal, from the date of their marriage, October 10, 1964, until the date of their separation, April 25, 2004. 17. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Defendant requests your Honorable Court to equitably divide all marital property. COUNT IV ALIMONY 18. Paragraphs I through 9 of the Divorce Complaint, fled on June 23, 2004, are incorporated herein by reference as though set forth in full. 19. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 20. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony in her favor. COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 21. Paragraphs 1 through 9 of the Divorce Connplaint, filed on June 23, 2004, are incorporated herein by reference as though set forth in full. 22. Plaintiff earns in excess of $1.2 million dollars gross per year, and has assets which have not yet been ascertained. 23. Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 24. Defendant is unable to sustain herself during the course of this litigation. WHEREFORE, Defendant requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. I verify that the statements made in this Answer to Complaint In Divorce under Section 3301(c) or 3301(d) ofthe Divorce Code With Counterclaims are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: Y//O/" 7 By: Barbara Scott, Defendant By? IU Cara A Boyano ld, Esquire Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 Attorney for Defendant ?. ? ? t r. _ ( ? V f it - r ? ? - `? ; .? 1u ,, ? ? _ , ?, . 6- ?' ,;;, ?? RONNIE L. SCOTT, PLAINTIFF V. BARBARA SCOTT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2909 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE PETITION TO COMPEL MORE COMPLETE ANSWERS TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES AND NOW comes the Petitioner, Barbara Scott, by and through her attorney, Cara A. Boyanowski, Esquire, and petitions the Court as follows: 1. Petitioner/Defendant is Barbara A. Scott, an adult individual currently residing at 8 Teal Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent/Plaintiff is Ronnie Scott, an adult individual currently residing at 5120 East Creek Drive, Harrisburg, Dauphin County, Pennsylvania. 3. Petitioner and Respondent are husband and wife, having been married on October 10, 1964, in Chicago, Cook County, Illinois. 4. The parties separated on April 25, 2004. 5. On June 23, 2004, Respondent filed a Complaint in Divorce under Sections 3301(c) and 3301(d), with this Honorable Court. The Complaint in Divorce also included a count for Equitable Distribution. 6. On August 12, 2004, Petitioner filed an Answer to Plaintiff's Complaint in Divorce. The Answer included counterclaims for Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses. REQUEST FOR PRODUCTION OF DOCUMENTS 7. In order to properly develop her economic claims, Defendant prepared and served upon Plaintiff a Request for Production of Documents. This document was served upon Plaintiff's counsel of record on October 25, 2004. 8. On or about November 19, 2004, counsel for Defendant received answers to Defendant's Request for Production of Documents. A true and correct copy of Defendant's Request for Production of Documents and Plaintiff's Answers is attached hereto and incorporated herein as Exhibit "A." 9. Plaintiff failed to completely and fully answer Defendant's Request for Production of Documents. 10. Question Two required Plaintiff to provide copies of all bank and financial statements from a date six months prior to the parties' date of separation through the present. 11. Plaintiff only provided current statements and statements as of the parties' date- of-separation. Thereafter, Plaintiff answered that the content of the Request was "annoying, embarrassing, oppressive, unduly burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence." 12. Defendant has discovered, through Plaintiff's own admission, that he had been planning to leave Defendant for a period of over nine (9) months prior to the parties' date of separation. Defendant believes that during this period, Plaintiff may have been withdrawing and/or hiding marital funds and therefore the review of the requested bank statements is imperative. 13. Question Twelve required Plaintiff to provide copies of all monthly credit card statements and other change account statements for the past 12-month period, prior to the parties' date of separation. 14. Plaintiff did not provide any documents. Instead, Plaintiff answered that the content of the Request was "annoying, embarrassing, oppressive, unduly burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence." 15. Defendant has discovered, that Plaintiff was having an affair with one Debbie Burke prior to the date of the parties' separation and was purchasing expensive gifts for her and taking her on extensive trips and vacations. Defendant believes that during this period, Plaintiff may have been using his American Express credit card to purchase Ms. Burke's gifts and subsidize their vacations and trips. These bills were then satisfying with marital assets. 16. Question Fourteen requests Plaintiff to provide either the lease or the deed to the premises where he is presently presiding. 17. Plaintiff did not provide any documents. Instead, Plaintiff answered that the content of the Request was "annoying, embarrassing, oppressive, undult burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence." 18. Defendant has no idea if Plaintiff rents or owns his new residence. Naturally, if Plaintiff purchased the property, Defendant would be entitled to know where he procured the funds to purchase the property. INTERROGATORIES 19. In order to properly develop her economic claims, Defendant prepared and served upon Plaintiff written Interrogatories. This document was served upon Plaintiff's counsel of record on October 25, 2004. 20. On or about November 19, 2004, counsel for Defendant received answers to Defendant's Interrogatories. A true and correct copy of Defendant's Interrogatories and Plaintiff s Answers is attached hereto and incorporated herein as Exhibit "B." 21. Plaintiff failed to completely and fully answer many of Defendant's Interrogatories. 22. Question Four requests Plaintiff to provide a list of all credit cards he uses for both personal and business purposes. 23. Plaintiff did not provide any of the information requested and answered that the content of the Request was "annoying, embarrassing, oppressive, unduly burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence." 24. Defendant has discovered, that Plaintiff was having an affair with one Debbie Burke prior to the date of the parties' separation and was purchasing expensive gifts for her and taking her on extensive trips and vacations. Defendant believes that during this period, Plaintiff may have been using his credit cards to purchase Ms. Burke's gifts and subsidize their vacations and trips. 25. Question Five requested Plaintiff to provide specific information surrounding each credit card listed in Question Four. 26. Plaintiff did not provide any of the information requested and answered that the content of the Request was "annoying, embarrassing, unduly oppressive and will not lead to the discovery of relavant evidence." 27. Question Six requested Plaintiff to provide information surrounding any interest he may have in securities, mutual funds, stock funds, money market funds, bonds, etc., titled in his sole name or with other. 28. Plaintiff's answer was "Information on investment accounts is well known to Defendant and an account list was previously provided." 29. The previously provided account list was prepared solely by Plaintiff and coincidentally, did not include at least one account which Plaintiff later disclosed to Defendant. 30. Question Seven requested Plaintiff to provide information surrounding the purchase and sale of stock or securities within the past five years, and who handled these dealings. 31. Plaintiffs answered that the interrogatory was "annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. 32. Defendant had no idea that Plaintiff had certain investment funds titled in his name until recently, and needs to explore more fully the history of these accounts. 33. Question Fifteen requests Plaintiff to provide information surrounding his present health situation. 34. Plaintiff answered that his health condition "is not at issue in this case and the questions is annoying, embarrassing, oppressive and will not lead to the discovery of admissible evidence." 35. Defendant filed a claim for alimony, which addresses the health situation of both parties. CORPORATE INFORMATION REQUESTED BY EXPERT WITNESS 36. On September 8, 2004, in order to properly develop her economic claims, Defendant hired the services of Gregory A. Crumling, CPA/ABV, CVA of Beard Miller Company, to perform a valuation of Forklifts, Inc. 37. Upon retainment, Mr. Crumling forwarded to counsel for Defendant, a complete list of items he required from Plaintiff in order to perform the valuation. A copy of the list provided to counsel is attached hereto and incorporated herein as Exhibit "C." 38. On August 24, 2004, a copy of this list was provided to opposing counsel. 39. On November 1, 2004, opposing counsel indicated that Plaintiff was working on obtaining these items and would furnish them to counsel for Defendant. 40. To date, these requested items have not been forthcoming from Plaintiff. 41. The documents and information requested by Defendant are essential to the proper development and presentation of her case. Without said documents, Defendant's case is unduly prejudiced. 42. Plaintiff's conduct in not furnishing complete answers to Defendant's discovery requests is totally unjustified, and has necessitated the filing of the instant Motion. WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order: A. Compelling Plaintiff to produce all of the documents requested by Defendant within fifteen (15) days from the entry of an Order of Court directing him to do so, and upon Plaintiff s failure to comply within the allotted time period, to suffer sanctions to be imposed by further Order of Court; B. Directing Plaintiff to pay Defendant's reasonable counsel fees and expenses incurred in connection with the filing, preparation and disposition of the instant Petition in the amount of $750.00; and C. Granting further relief as is deemed necessary and just. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, ,squire Attorney No. 68736 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant/Petitioner VERIFICATION Upon my personal knowledge, information and belief, I, Barbara Scott, do hereby verify that the facts averred and statements made in the foregoing Petition to Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: By: Aarbaracott CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certify that on the date indicated below I served a true and correct copy of the foregoing Petition to Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories, on all interested parties, by depositing same from Harrisburg, Pennsylvania, first class mail, postage prepaid, addressed as follows: James P. DeAngelo, Esquire Pamela L. Purdy, Esquire McNEES WALLACE & NURICK LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 SERRATELLI SCHIFFMAN BROWN & CALHOON Date: ?1-0w By: AYA G W3 Cara A. Boyanowski, Esq. Attorney No. 68736 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant/Petitioner RONNIE L. SCOTT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2909 CIVIL TERM BARBARA SCOTT, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE PLAINTIFF'S RESPONSES TO DEFENDANT'S REQUEST FOR PRODUCTION OF PERSONAL DOCUMENTS RELATED TO EQUITABLE DISTRIBUTION GENERAL RESPONSES AND OBJECTIONS Plaintiff objects to the instructions and definitions of Defendant's Request for Production of Personal Documents Related to Equitable Distribution in that the instructions and definitions impose requirements or request information beyond that contained in or permitted by the Pennsylvania Rules of Civil Procedure. Plaintiff will respond in accordance with the Pennsylvania Rules of Civil Procedure, not in accordance with the instructions and definitions. REQUESTS FOR PRODUCTION All financial statements prepared by you or on your behalf for the past 12 months, including, but not limited to, the 1999/1998 and 1998/1997 financial statements for Forklifts, Inc. Answer.• Plaintiff provided audited financial statements for 1999-2003 by letter dated August 6, 2004, and for 1998/1999 through Plaintiffs accountant. 2. All statements, including canceled checks, check registers or stubs, and deposit slips issued by any bank, savings institution, or other financial institution from a date six months prior to your date of separation, through the present. Answer.- Attached please find date-of-separation and current account statements for the following accounts: Merrill account #872-42596; Merrill account #872-50292; Merrill account #872-46273; Merrill account #872-56228; M & T account #2679074761 (date of separation only); Raymond James account #470958657; John Hancock account #170-5105795; John Hancock account #183-5105796; M & T account #0155870009; Emerald Advantage Fund LLP #90; CNL REIT Fund #121355345003445; M & T Portfolio Arch account #191003989. The balance in the M & T account #2679074761 was $42,896.30 as of September 16, 2004. Plaintiff objects in that Request 2 is annoying, embarrassing, oppressive, unduly burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence. 3. All loan applications and loan documents pertaining to any sums of money borrowed or to be borrowed by you, individually or jointly with any other person, or as guarantor from a date one year prior to your date of separation. Answer.- See mortgage for Williamsport property, produced with accompanying letter. 4. All brokerage statements pertaining to any accounts in which you individually, or with others, had any interest form two years prior to your date of separation. Answer.• See Plaintiffs response to Request 2, above. 5. All securities, including tax-free bonds and funds, in which you individually, or jointly with any other person, had any interest as of your date of separation. -2- Answer. See Plaintiffs response to Request 2, above. Plaintiff objects to interrogatory 5, in that Defendant is asking for something that cannot be produced. 6. All stock certificates, not in-house accounts, in which you individually or jointly with any other person, had any interest as of your date of separation. Answer: See Forklifts, Inc. Stock Ledger, produced with accompanying letter. Plaintiff objects to Request 6 in that Defendant is asking for something that cannot be produced. 7. All mutual fund statements received by you from the date of separation. Answer., See Plaintiffs response to Request 2, above. 8. All treasury notes, treasury bills, U.S. Savings Bonds, corporate bonds, and municipal bonds, presently owned or in which you, individually or jointly with any other person, had any interest as of your date of separation. Answer: See Plaintiffs response to Request 2, above. 9. All savings certificates or certificates of deposit, or other depository receipts presently owned or in which you had any interest in your date of separation. Answer. See Plaintiffs response to Request 2, above. 10. All documents including, but not limited to, any individual retirement account, pension or profit sharing plan, savings plan, Keogh, 401(k) Plan, annuity benefits, retirement plan, stock bonus plan, stock option plan, thrift plan (excluding social security benefits), with your present employer, or any previous employer, or regarding any other retirement benefits in which you, individually or with others have or had any interest with benefits still due, including the summary plan description, and -3- other such information regarding the terms of the retirement plan, as well as annual statements for the past two years, including the statement closest to the date of marriage and the statements immediately preceding and immediately following the date of separation. Answer.• See Forklifts Inc. 401(k) statements produced with accompanying letter. Plaintiff objects to Request 10 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. a. All written beneficiary designations executed by you during the past five years. Answer: None. b. A statement as to whether there have been any withdrawals, including loans made from the account during the past five years. If so, provide documentation of the date, amount, and repayments (if any) during the past five years. Answer None. C. All I.R.A. Statements for the past five years. Answer: None. 11. All financial statements or documents referring to any deferred compensation plan, to which you were entitled by reason of any present or past employment. Answer. None, except 401(k). -4- 12. All monthly credit card statements and other charge account statements (MasterCard, Visa, American Express, Discover, department stores, oil and gas companies, etc.), and supporting information, the accounts of which are in your name individually or jointly with any other person, for the past 12-month period prior to your separation up to the present. Answer. Defendant has access to all joint statements. Plaintiff objects to Request 12 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. 13. Documentation verifying the sale by you of any asset having a value in excess of $500.00 from two years prior to your date of separation. Answer.• See stamp collection information produced with accompanying letter. Plaintiff objects to Request 13 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. 14. a. The lease or deed for the premises where you are presently residing. Answer. Plaintiff objects to Request 14(a) in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. b. Copies of all written appraisals performed on the premises during the past five years. -5- Answer. Plaintiff objects to Request 14(b) in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. 15. If you have been involved in litigation as a Plaintiff in the past five years, a copy of the Complaint and a copy of any written correspondence or other documentation memorializing any settlement offers made by or on your behalf. Answer. None. 16. If you have been involved in litigation as a Defendant in the past five years, a copy of the Complaint and a copy of any written correspondence or other documentation memorializing any settlement demands made by you or on your behalf. Answer., None. 17. All mortgages and mortgage notes and/or bonds relating to any real estate that you presently own and current statements showing balances on such obligations. Answer. See attached mortgage owned by both parties on Michael Scott's home and information and documents produced with accompanying letter. 18. All documents relating to the purchase of a motor vehicle presently owned by you, or in which you had an interest during the past two years, including a copy of the title to the vehicle. Answer: See title to 2002 Jeep Cherokee, owned by both parties, produced September 1, 2004. -6- 19. All life insurance and annuity policies in which you have any interest as an owner, insured, or beneficiary, including any change or beneficiary forms executed by you within the last five years. Answer. See Mutual Life Insurance Policy #1334-56-02R produced September 3, 2004, and Southland Life Insurance Policy #06 000 9535 produced September 8, 2004, both of which are owned by the irrevocable trust dated November 4, 1993. 20. All appraisals of real estate or personalty performed in the past five years. Answer.- See real estate appraisals for Mechanicsburg and Lancaster properties, produced with accompanying letter. McNEES WALLACE & NURICK LLC D?' By 5?04- , James P. DeAngelo I.D. # 62377 Pamela L. Purdy I . D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: NI9, zco`t -7- VERIFICATION I, Ronnie L. Scott, the within named Plaintiff, do verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. f? { f F Ronnie L. Scott CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 19th day of November 2004, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Cara A. Boyanowski, Esq. Daley Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Pamela L. Purdy Of Counsel for Plaintiff RONNIE L. SCOTT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2909 CIVIL TERM BARBARA SCOTT, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE PLAINTIFF'S ANSWERS AND OBJECTIONS TO DEFENDANT'S GENERAL INTERROGATORIES (FIRST SET) GENERAL OBJECTIONS 1. Plaintiff objects to Defendant's interrogatories to the extent that they are vague, overbroad, unduly burdensome, harassing, oppressive, irrelevant, and will result in unnecessary and undue expense. Moreover, nothing herein shall be construed as an admission by Plaintiff respecting the admissibility or relevance of any fact or documents, or as an admission of the truth or accuracy of any characterization or document of any kind. 2. Plaintiff objects to Defendant's interrogatories to the extent that they seek information not within the possession, custody or control of Plaintiff. 3. Plaintiff objects generally to Defendant's interrogatories to the extent that they seek information protected by the attorney-client privilege, the attorney work product doctrine, or by any other privilege available under federal or state statutory, constitutional or common law. Inadvertent production of any such information shall not constitute a waiver of any privilege or any other ground for objecting to discovery with respect to such information, nor shall inadvertent production waive Plaintiffs right to object to the use of any such information in any proceedings. 4. Plaintiff objects to Defendant's interrogatories to the extent they impose on Plaintiff obligations that exceed or are inconsistent with obligations imposed by the Pennsylvania Rules of Civil Procedure. 5. Plaintiff objects to Defendant's interrogatories to the extent that they seek information as readily available to Defendant as to Plaintiff. 6. Plaintiff objects to the definitions and instructions appended to Defendant's interrogatories to the extent they: (1) impose on Plaintiff obligations inconsistent with the Pennsylvania Rules of Civil Procedure; (2) extend the individual interrogatories so as to encompass information not relevant to the claims or defenses of any party; or (3) are unduly burdensome to Plaintiff. 7. Plaintiff reserves the right to supplement his response to each and every interrogatory, without obligating himself to do so, except to the extent such an obligation is imposed by the Pennsylvania Rules of Civil Procedure. 8. Plaintiff objects to Defendant's interrogatories to the extent that they are cumulative and duplicative. 9. Plaintiff objects to Defendant's interrogatories to the extent that they state unproven and contested allegations as matters of fact, rely on conclusions of law, and ignore and contradict established law. 10. Plaintiff objects to Defendant's interrogatories to the extent that they purport to require Plaintiff to gather and produce information from any agent or representative of Plaintiff on the ground that such a request is unduly burdensome, -2- inconsistent with the Pennsylvania Rules of Civil Procedure, and not relevant to the claims or defenses of any party. 11. These general objections are hereby incorporated into each and every response to the individual interrogatories as if fully set forth herein. Plaintiffs responses to the interrogatories are provided subject to and without waiver of the foregoing general objections, whether or not repeated herein, and any other specific objection thereto. 12. All responses to Defendant's interrogatories are made without in any way waiving or intending to waive, but on the contrary preserving and intending to preserve: a. all objections to the competence, relevance, and admissibility of any documents or information produced in response to Defendant's interrogatories as evidence for any purpose in subsequent proceedings in this or any other action or at the trial of this or any other action, arbitration, proceeding or investigation. b. the right to object on any ground at any time to the use of any of the information produced in response to Defendant's interrogatories, or the subject matter thereof, in any subsequent proceedings or at the trial of this or any other action, proceeding or investigation; and c. the right to object on any ground at any time to a demand for further responses to Defendant's interrogatories or any other request, or to other discovery proceedings involving or relating to the subject matter of this request. -3- OBJECTIONS AND RESPONSES TO SPECIFIC INTERROGATORIES 1. Please state your current address and the date upon which you began residing there. Answer: Plaintiff resides at 5920 East Creek Drive, Harrisburg, Pennsylvania. Plaintiff has resided at this address since separation. -4- 2. State the name, age, gender, and relationship of each person residing with you. a. Are any of those individuals employed? If so, by whom, and state the amount of his or her annual income. b. Do any of those individuals have any other source of income? If so, how much on an annual basis, and from what source? C. Do any of those individuals contribute to the household expenses? Answer. Plaintiff resides alone. -5- 3. Please complete the Income and Expense statement attached to these Interrogatories, that is marked Schedule A. Answer. See income information provided as a part of Defendant's spousal support action. See income tax returns previously produced. See information produced with accompanying letter. Plaintiff objects to Interrogatory 3 on the grounds that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of relevant evidence. -6- 4. a. Do you presently maintain any credit cards for your personal use? b. Do you presently maintain any credit cards for business purposes? Answer., Credit card accounts are not presently at issue in this action. Plaintiff objects to Interrogatory 4 on the grounds that it is annoying, embarrassing, oppressive and will not lead to the discovery of relevant evidence. 7- 5. If the answer to the previous Interrogatory is in the affirmative, for each card state: a. The name of the issuer; b. The card number; C. To whom the card is issued; d. The name and address of each person who may use the card; and e. The present balance of the account. Also, for each card, attach copies of statements you have received for the last twelve months. Answer.* Credit card accounts are not presently at issue in this action. Plaintiff objects to Interrogatory 5 on the grounds that it is annoying, embarrassing, unduly oppressive and will not lead to the discovery of relevant evidence. -8- 6. Are you the owner, individually or with others, of any interest in any securities, or in any mutual fund, including, but not limited to, stock funds, money market funds, bonds, municipal bond funds, gold funds, etc.? If so, please list the names of those securities or funds. Answer. Information on investment accounts is well known to Defendant and an account list was previously provided. See attached property list. See documents previously produced. See investment account statements. -9- 7. Please list by name and address the brokerage companies or other entities through which you have bought and/or sold stock and/or securities within the past five years, and the name of the account executive, or person handling your account. a. Name of brokerage company and address: 1) 2) 3) b. Account Executive or person handling account: 1) 2) 3) Answer.• See response to interrogatory 6, above. Plaintiff objects to Interrogatory 7 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. -10- 8. List all banks, savings and loans, credit unions, and financial institutions in which you individually, or jointly with another, have or had, commencing from six months prior to separation to the present, an account in which funds are held. Answer: See attached property list. See response to interrogatory 6, above. - 11 - 9. Do you own, individually or jointly with another, any certificates of deposit, treasury notes, or other depository receipt of any kind? Answer.• See attached property list. See response to interrogatory 6, above. -12- 10. Do you now or have you at any time since the date of marriage maintained or had access to a safe deposit box? If so, please detail the contents at the time opened, and the date of separation. 1. Detail all items that you have removed from the safe deposit box for six months prior to the date of separation to the present. Answer. No. Plaintiff objects to interrogatory 10 in that it is annoying, embarrassing, oppressive, unduly burdensome, overbroad, expensive and would not lead to the discovery of admissible evidence. -13- 11. Since the date of marriage, have there been accounts at a savings or commercial banking institution, brokerage firm, or any other type of financial institution, on which your name did not appear, but in which you deposited any funds? If so, please designate by account number and name of financial institution, and indicate the name(s) under which the account is listed. Answer: No. Plaintiff objects to Interrogatory 91 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of relevant evidence. -14- 12. State whether you have, during the past three years, made any gift to any person other than your spouse, in cash or in kind, having a value of $500.00 or greater. Answer. Yes. The parties have made many gifts to charities, family members and friends. Detailing these gifts is objected to as annoying, embarrassing, oppressive, and will not lead to the discovery of admissible evidence. -15- 13. Have you filed a financial statement or loan application with any lending or credit institution during the past five years? If so, please name the lending or credit institution, and attach all such financial statements of loan applications to your Answers to the Interrogatories and state the amount, term(s), and purpose(s) of loan. Answer. Yes. Detailing all credit applications is objected to as annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. -16- 14. List all outstanding debts you are obligated to pay, having a balance in excess of $300.00 for each debt, including unpaid federal, state, and local income and real estate taxes, and which have had an outstanding balance for more than 30 days. Answer. Every month, Mr. Scott pays many obligations in excess of $300.00. Detailing these payments is objected to as annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. 17- 15. a. Are you presently, or have you been during the past year, under the care of a physician, chiropractor, medical practitioner, or therapist, other than for a regular check-up? Answer. The parties' medical conditions presently are not at issue in this case. Plaintiff objects to Interrogatory 15 in that it is annoying, embarrassing, oppressive and will not lead to the discovery of admissible evidence. -18- 16. If your answer is in the affirmative, state the name, address and telephone number of the physician, chiropractor, medical practitioner, or therapist. Answer. See response to interrogatory 95, above. Plaintiff objects to Interrogatory 96 in that it is annoying, embarrassing, oppressive and will not lead to the discovery of admissible evidence. -19- 17. Do you have any interest in a stamp, coin, wine, toy sports memorabilia, weapon, vintage automobile, or other collection not described in your answer to the preceding Interrogatory? If so, please describe the type of collection. Answer. The preceding interrogatory does not deal with collections. Proceeds from the sale of Plaintiffs stamp collection are being disclosed. See documents produced. Plaintiff does not have a coin collection, a wine collection, a toy sports memorabilia collection, a weapon collection or a vintage automobile collection. Plaintiff objects to interrogatory 17 in that the preceding interrogatory addresses health issues, not collections. -20- 18. Have you been involved in any incident in the past five years, from which you could file a claim against another individual or entity, or in the alternative, from which you could be named as a Defendant in such an action: a. Are you now, or have you been at any time in the past five years, a party to any lawsuit or court action in which you have made a claim for monetary damages or been named as a defendant, other than this current divorce action? b. If so, please state: 1) The full names of all parties to the lawsuit; 2) The county and state in which the suit was brought; 3) The number and term of the lawsuit; 4) A brief description of the nature of the claim; 5) The date upon which the injury or claim that is the subject of the lawsuit occurred; and 6) The name and address for counsel for each party to such suit. Answer. No. Plaintiff objects to Interrogatory 18 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, and expensive and will not lead to the discovery of admissible evidence. -21 - 19. Do you own or have any interest in any property (real or personal), contract right, patent, chose in action, or expectancy of any kind, including an interest or right titled or held in the name of another, not previously identified in your answers to the preceding interrogatories? Answer. 1. Any property (real or personal): see response to interrogatory 6, above; 2. Contract right: Objection as vague and overly broad. See response to interrogatory 6, above; 3. Patent: none; 4. Chose in action: none presently known; and 5. Expectancy. none presently known. Plaintiff objects to Interrogatory 19 in that it is annoying, embarrassing and oppressive. -22- 20. If so, describe in detail the property, contract right, patent, chose in action, or expectancy, and state: 1. The identity of any person you share such interest with; 2. The date you acquired your interest; 3. The value at acquisition; 4. Present value and how determined. Answer.• See response to interrogatory 19, above. -23- 21. State the aggregate amount of your cash on hand or in safekeeping, exclusive of savings and checking accounts in banks or savings institutions, and the location of that cash. Answer.• Plaintiff keeps spending cash on hand of approximately $1,500. Plaintiff objects to Interrogatory 21 in that it is annoying, embarrassing and oppressive. -24- 22. a. Have you engaged in any gambling activities in which you have won or lost a total of $500.00 or more during the past two years? If so, do your tax returns reflect your winnings and/or losses? If so, detail when the winnings took place or the losses occurred. Answer. Yes. See tax returns, previously produced. b. Have you been the winner of a lottery award in excess of $500.00? If so, detail the amount of the award and its payment provisions. Answer. No. -25- 23. Have you taken any vacations during the past two years, including attendance at meetings, conventions, or seminars, in a city other than that of your residence? Answer: Yes, Plaintiff has taken vacations, and attended meetings, conventions and seminars. Detailing this information is objected to as annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of relevant information. -26- 24. If the answer to the preceding Interrogatory is in the affirmative, state the following: a. Number of vacation(s) or trip(s), and purpose of such vacation(s) or trip(s). b. Location of vacation(s) or trip(s). C. Name of hotel or other place where you stayed. d. Were the expenses paid by cash or charged to a credit card? e. Who paid for your expenses? f. Who accompanied you, and who paid for your companion's expenses? g. Did you rent a vehicle? Cost of vehicle rental? h. What was your mode of transportation in getting to each vacation site (commercial airline, private airplane, automobile, bus, train, boat, or other)? i. What was the nightly charge for the space you occupied? Answer. See response to interrogatory 23, above. Plaintiff objects to Interrogatory 24 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, and expensive and will not lead to the discovery of admissible evidence. -27- 25. Do you claim that there is property in existence, whether owned individually or with another person, that is your separate property, and not marital property, as defined in the Pennsylvania Divorce Code? If so, for each and every item of such property, state: a. Description of the property; b. Present location and the name and address of person in possession and the basis for such right of possession; C. Basis for your contention that it is not marital property; d. What you contend to be the present fair market value of the property and basis of your answer; e. Description and current amount of each lien, pledge, mortgage, other encumbrances, or claim against the property; f. The purchase price and terms of purchase if other than a cash transaction; g. Date of acquisition; h. Method of acquisition including the source of funds used to purchase the property; L The name, address, and relationship to you, if any, of all owners of record of the property. -28- Is your ownership interest in that asset recorded in any public record document? If so, please provide full information relative to recordation. Answer. All wages after the date of separation, April 25, 2004; Merrill Lynch Account #872-56382, all increase in value of Plaintiffs Forklifts, Inc. 401(k) account since the date of separation, any tangible or intangible item purchased with funds from Account #872-56382 or post-separation wages, stock received in M & T account #0155870009 for sitting on the Board of Directors of M & T Bank, any pre- and post- separation gifts and inheritances. -29- 26. Please describe all real estate in which you have a legal or equitable interest, including through corporate or partnership ownership. Answer. See property list, attached. -30- 27. For the above listed real estate, please submit the following: 1. In whose name(s) is the property titled? 2. Is the property owned in fee simple, entities, tenancy-in-common, condominium, cooperative, life estate, ground rent, etc.? 3. The full street address, and post office box number (if applicable) including city and county in which the property is situate. 4. The approximate size of the tract or parcel of land. 5. Description of structure(s) situate on the real estate. Answer. See property list, attached, documents provided with accompanying letter, and enclosed appraisals for Lancaster and Mechanicsburg properties. -31- 28. Please indicate when the real estate was purchased and the cost at acquisition. Answer. See real estate appraisals, purchase documents, documents provided with accompanying letter, and enclosed appraisals for Lancaster and Mechanicsburg properties. -32- 29. Name and address of financing entity or person at the time of purchase and the name and address of the current financing entity. Answer., See documents provided with accompanying letter. Plaintiff objects to Interrogatory 29 in that it is annoying, embarrassing, oppressive, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. -33- 26. [sic] The monthly amount of the mortgage. Are the monthly mortgage payments current? Answer. See answers in accompanying letter and its enclosed documents. -34- 27. [sic] The current mortgage or financing balance. Answer: See answers in accompanying letter and enclosed documents. -35- 28. [sic] The current assessment of the taxing authority for each of these real estate properties. Answer. Attached please find a copy of the assessment for Michael Scott's home. Plaintiff does not have any other tax assessment records, which are available to the public. -36- 29. [sic] With regard to any rental properties: a. List the names of the tenants. b. Describe the premises. C. Indicate the monthly rental income charged. d. Indicate the amount of security deposit being held by you for each tenant. Answer.• See answers in accompanying letter and enclosed documents. -37- 30. [sic] Please indicate the name of the insurance carrier providing fire and extended coverage on the premises. Answer. Plaintiff objects to Interrogatory 30 [sic] in that it is annoying, embarrassing, oppressive, unduly burdensome, overbroad, expensive and will not lead to the discovery of admissible evidence. -38- 31. Please state the gross and net total annual income for the past calendar year realized for each parcel of real estate. Answer. See Stratford Properties LLP and the Scotts' individual tax returns, previously produced. -39- 32. [sic] Please describe all sales of real estate in which you had any interest, which occurred during the past three years. Answer.• None. -40- 33. [sic] Have any of the properties described here been appraised? If so, please indicate which properties, and provide the following: a. Date of appraisal. b. Name and address of appraiser. Answer. See appraisals enclosed for Lancaster and Mechanicsburg properties. -41- 34. [sic] Have any credit applications for the financing of purchases of any of these properties been made? Answer. Not by Mr. Scott. -42- 35. [sic] Are all financial payments current? Answer. Yes. McNEESWALLACE & NURICK LLC By ZL?L James P. DeAngelo 1, Q --- I.D. # 62377 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: Y -43- VERIFICATION I, Ronnie L. Scott, the within named Plaintiff, do verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ' Ronnie L. Scott CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 19th day of November 2004, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Cara A. Boyanowski, Esq. Daley Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Pamela L. Purdy Of Counsel for Plaintiff T m J a Co r- F - I? O O T a p co 0) CN co N ? N N L? O N O LO (D 04 C N D *k ? V c `? U? U? qT U? v v T N F ?? 04 ti r ti ti Q Q v ? W o ?; 00 co co co a m a N O Q c 7 c 7 c 7 c 7 p c 7 L) (D E Y U LL U) p u. 0 v U U U U ; a F c Q^ Q - Q Q 3 Q Q O _ N c ^ c ?(!1 ?cn ?? ~ E c J 4) 0 0) 0 4) -j 06 E Z T .+ N M In CD 1-- co 07 LO co o a J Q co f0 F- O a. O co N I- c LO J M O E .. Q 1- O O fl co O p Ul) Lo T rn d V U *k CD LL :3 Cl) T *k J U) U) co 4) C14 r- U) Q T c v Q a U) ?c C) co r_ • ° o m a LL _ yO- CL V LL y U U Q ?. L E a Q W CL 2 -a S 1° U) o o w J oa ca 1 -? W U 2 J cq S O O Z T T T CV) T LO T T c 0 U O Q CL E :9 co T N 07 m a J Q H Q O O ? a c N y U) Q1 v? o O Q 0 N 0 m ) O cn cc E U m ° y U c J L = 7 m fl c Li 3 CD U co ? E O (n 4; Z O N N N N co N N C C Y v c m am U) 7 0 r c. LL 04 L co o F - ? c N :r Y 00 ? O O O >- a. U N co 04 M N Ql a v o co v J co CV) 0 E 0 E H co m m CO U) O > L CF-" Q C O r e-- 0 O Z 02 cl i° ° CD ° m o a a a L a ? ~ Y Y Y N0 d) ca m co ) m m m c v N J O H otS H «S H ca p1 0 O y 0) E 6 00 O Z N 0) N M M M CM7 m a N Q m J Q F- Z O Z H W N Q LL O H r- O V N O V N fl- M co C 0) 00 U U U U O Q Y C O m c co cc r ?- Z co M co LO i N ti CD w-. C O U Q t U C J •L L 2 N LO a) cm co a F- H O V N H V N N J J Q H Q Z O Z N H W N N Q LL O H N J N co M CO N 00 0 :3 O 0 cu U ? ? . U U U O ? ? Q O O L L H 00 Lo LL O Z r N co w cc a? a? ca a O O CO cU O O U') In N N IT I- cq N00 N00 00 00 (D ? * I? * U N U) ? .r N 0 7 N p -u 00 0 U Z v O O L U C U J Q C U J Q L U L - U L C Q? >, J L C Q? ?s J M E L E L O cO U 6 O Cy U G D O O w y O O W O v 0 O U. Z O O O N z a N N 611? 64 v E ?o C- 4) 3: L- o? Oo 0 CO ~ U) a i m o J F- O Q _ co "a -o - O " O ? t t: U 8 O U L 0 0 C) C) N u) N N r Q N I-' r N I- I` G O O U a U O ? 00 L t f? O U U h- a m Z N ;..? ? ? ? : r ? -,a ?- - ..., ? + t .. ? r ?;, ? ?` ._ ? ; , . ? c. . ; i , ,.?? ? . • , ? ??.: ?.:? a ?. ?7 r,} RONNIE L. SCOTT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-2909 CIVIL TERM BARBARA A. SCOTT CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO WTTHDRAWIENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Defendant, Barbara A. Scott, in the above-captioned action. Date: H _05 ?aaaq(woJ) B :6 Cara A. Boyanowski, squire Serratelli, Schiffman, Brown & Calhoon, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 TO THE PROTHONOTARY: Please enter the appearances of John J. Connelly, Jr., Esquire, and Susan M. Kadel, Esquire, on behalf of the Defendant, Barbara A. Scott, in the above-captioned action. Date: OS By LLP Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 Date: pd? By: / '- Sus . Kadel, Esquire James, Smith, Dietterick & Connelly, LLP Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 (y ? "1 4 C.. vo l `.l I fA a RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BARBARA SCOTT, Defendant NO. 04-2909 CIVIL TERM ORDER OF COURT AND NOW, this 26`h day of January, 2005, upon consideration of Defendant's Petition To Compel More Complete Answers to Defendant's Request for Production of Documents and of the attached letter from Plaintiffs counsel, the Rule issued on January 2, 2005, is amended to reflect a returnable date of twenty days following notice served upon Plaintiff by Defendant, a copy of which notice shall be filed of record. BY THE COURT, amela L. Purdy, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Plaintiff ohn J. Connelly, Jr., Esq. Susan M. Kadel, Esq. P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant :rc Oa :9 ?'d 9Z MV,r St "a AV/N McNees Wallace & Nurick LLC attorneys at law PAMELA L. PURDY DIRECT DIAL: (717) 237-5479 E-MAIL ADDRESS: PPURDYO@MWN.COM January 24, 2005 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Scott v. Scott C.P. Cumberland No. 04-2909 Dear Judge Oler: We are writing in regard to the Rule to Show Cause issued in the above-referenced case with regard to Plaintiff's Petition to Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories. Since the filing of the petition, Mrs. Scott has retained new counsel. If it has not occurred already, Cara Boyanowski will be withdrawing her appearance and James Smith Deitterick. & Connelly LLP will be entering its appearance on behalf of Mrs. Scott. In addition, Mrs. Scott has agreed to grant Mr. Scott an extension of time to respond to the Rule to Show Cause 20 days from the date which Mrs. Scott will give notice of the same. Therefore, both parties request that the Court grant Mr. Scott an indefinite extension, to end upon twenty days' notice from Mrs. Scott. Thank you for your kind attention to this matter. PLP:jlp c: Susan M. Kadel, Esq. Ronnie L. Scott Very truly yours, McNEES WALLACE & NURICK LLC By - a. , "r Pamela L. Purdy .S P.O. Box 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM HAZLETON, PA • STATE COLLEGE, PA • COLUMBUS, OH • WASHINGTON, DC RONNIE L. SCOTT Plaintiff V. BARBARA A. SCOTT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO COMPLY WITH RULE RETURNABLE ISSUED JANUARY 2, 2005 Pursuant to the Court's Order of January 26, 2005, a copy of which is attached hereto as Exhibit "A", please provide the answers to the Petition to Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories within twenty (20) days of the date of service of this Notice. The said Petition and Rule to Show Cause is attached marked Exhibit "B". Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY,LLP Dated: 11-1q-0 C By: Attorneys for Defendant Y.V. box 0?V Hershey, PA 17033-0650 (717) 533-3280 RONNIE L. SCOTT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 04-2909 CIVIL TERM BARBARA A. SCOTT CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Defendant, Barbara A. Scott, hereby certify that I have served a copy of the foregoing Notice on the following on the date and in the manner indicated below: VIA U.S MAIL, FIRST CLASS, PRE-PAID Pamela L. Purdy, Esquire McNees Wallace & Nurick P.O. Box 1166 Harrisburg, PA 17108-1166 Dated: 0- 11- 0 'D By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP L% J.,Conn lly, Jr. rev I.D. 15615 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant, Barbara A. Scott EXHIBIT "A" RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BARBARA SCOTT, Defendant NO. 04-2909 CIVIL TERM ORDER OF COURT AND NOW, this 26`h day of January, 2005, upon consideration of Defendant's Petition To Compel More Complete Answers to Defendant's Request for Production.of Documents and of the attached letter from Plaintiff's counsel, the Rule issued on January 2, 2005, is amended to reflect a returnable date of twenty days following notice served upon Plaintiff by Defendant, a copy of which notice shall be filed of record. BY THE COURT, Pamela L. Purdy, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Plaintiff Joh J. Connelly, Jr., Esq. san M. Kadel, Esq. 0. Box 650 Hershey, PA 17033 Attorneys for Defendant :rc EXHIBIT "B" HV, I nub, u i i RONNIE L. SCOTT, PLAINTIFF V. BARBARASCOTT, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA. NO. 04-2909 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER OF COURT ?d ? - coos AND NOW, this day of 3b94, upon consideration of Defendant's Petition to Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories, a Rule to Show Cause is issued to Plaintiff to show cause, if any he has, why the relief requested in the Petition should not be granted. 1 S `e' RV IC e . Rule returnable-d ? W 1111 & to d-a 5 o[? BY THE COURT, TRUE Con pECCpD In Testi:iony whereof, I Hare i;?;c s4t my hsnd e114 130 seal of sdd Coca A, !A11. 1I. 1UU5 'J: J?AIUI J. J. b. 6 (,. 1 hba, re. I ll IU RONNIE L. SCOTT, PLAINTIFF V. BARBARA SCOTT, DEFENDANT "i nn)? r. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO COMPEL MORE COMPLETE ANSWERS TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES AND NOW comes the Petitioner, Barbara Scott, by and through her attorney, Cara A. Boyanowski, Esquire, and petitions the Court as follows: Petitioner/Defendant is Barbara A- Scott, an adult individual currently residing at 8 Teal Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. Respondent/Plaintiffis Ronnie Scott, an adult individual currently residing at 5120 East Creek Drive, Harrisburg, Dauphin County, Pennsylvania. 3. Petitioner and Respondent are husband and wife, having been married on October 10, 1964, in Chicago, Cook County, Illinois. C, S? 4. The parties separated on April 25, 2004. ? =r . 5. On June 23, 2004, Respondent filed a Complaint in Divorce under Sections`_; 3301(c) and 3301(d), with this Honorable Court. The Complaint in Divorce also iricl'pded ca count for Equitable Distribution. C11 6. On August 12, 2004, Petitioner filed an Answer to Plaintiff s Complaint in Divorce. The Answer included counterclaims for Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses. JHIV. 1. (9U7 YIJi1HlV1 ?). p. tl, (v L, Ir)CI ra? I I' IU INV. I D 4l I I REQUEST FOR PRODUCTION OF DOCUMENTS 7, In order to properly develop her economic claims, Defendant prepared and served upon Plaintiff a Request for Production of Documents, This document was served upon Plaintiff's counsel of record on October 25, 2004. 8. On or about November 19, 2004, counsel for Defendant received answers to Defendant's Request for Production of Documents. A true and correct copy of Defendant's Request for Production of Documents and Plaintiff's Answers is attached hereto and incorporated herein as Exhibit "A." 9. Plaintiff failed to completely and fully answer Defendant's Request for Production of Documents. 10. Question Two required Plaintiff to provide copies of all bank and financial statements from a date six months prior to the parties' date of separation through the present. 11. Plaintiff only provided current statements and statements as of the parties' date- of-separation, Thereafter, Plaintiff answered that the content of the Request was "annoying, embarrassing, oppressive, unduly burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence." 12. Defendant has discovered, through Plaintiff's own admission, that he had been planning to leave Defendant for a period of over nine (9) months prior to the parties' date of separation. Defendant believes that during this period, Plaintiff may have been withdrawing and/or hiding marital funds and therefore the review of the requested bank statements is imperative. jHN I I. LUU7 'J' IIAM ), ), o, x i„ I rnt, ra, I i IU IN u. 0(11) 7? I 13. Question Twelve required Plaintiff to provide copies of all monthly credit card statements and other change account statements for the past 12-month period, prior to the parties' date of separation, 14. Plaintiff did not provide any documents. Instead, Plaintiff answered that the content of the Request was "annoying, embarrassing, oppressive, unduly burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence." 15. Defendant has discovered, that Plaintiff was having an affair with one Debbie Burke prior to the date of the parties' separation and was purchasing expensive gifts for her and taking her on extensive trips and vacations. Defendant believes that during this period, Plaintiff may have been using his American Express credit card to purchase Ms. Burke's gifts and subsidize their vacations and trips. These bills were then satisfying with marital assets. 16. Question Fourteen requests Plaintiff to provide either the lease or the deed to the premises where he is presently presiding. 17. Plaintiff did not provide any documents. Instead, Plaintiff answered that the content of the Request was "annoying, embarrassing, oppressive, undult burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence" 18. Defendant has no idea if Plaintiff rents or owns his new residence. Naturally, if Plaintiff purchased the property, Defendant would be entitled to know where he procured the funds to purchase the property. iHN. I I. LUU? nog, rd, Ill li INTERROGATORIES NU. 0037 r. b; I 19. In order to properly develop her economic claims, Defendant prepared and served upon Plaintiff written Interrogatories. This document was served upon Plaintiff's counsel of record on October 25, 2004. 20. On or about November 19, 2004, counsel for Defendant received answers to Defendant's Interrogatories. A true and correct copy of Defendant's Interrogatories and Plaintiff s Answers is attached hereto and incorporated herein as Exhibit "B." 21. Plaintiff failed to completely and fully answer many of Defendant's Interrogatories. 22. Question Four requests Plaintiff to provide a list of all credit cards he uses for both personal and business purposes. 23. Plaintiff did not provide any of the information requested and answered that the content of the Request was "annoying, embarrassing, oppressive, unduly burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence." 24. Defendant has discovered, that Plaintiff was having an affair with one Debbie Burke prior to the date of the parties' separation and was purchasing expensive gifts for her and taking her on extensive trips and vacations. Defendant believes that during this period, Plaintiff may have been using his credit cards to purchase Ms. Burke's gifts and subsidize their vacations and trips. 25. Question Five requested Plaintiff to provide specific information surrounding each credit card listed in Question Four. JPIV, I I. 2;) V7 `)..'dHivi ). ?, b. & (,, ling, rF. I l l IU IVV. 40') 7 r, l.' 1 26. Plaintiff did not provide any of the information requested and answered that the content of the Request was "annoying, embarrassing, unduly oppressive and will not lead to the discovery of relavant evidence." 27. Question Six requested Plaintiff to provide information surrounding any interest he may have in securities, mutual fiords, stock funds, money market funds, bonds, etc., titled in his sole name or with other. 28. Plaintiff s answer was "Information on investment accounts is well known to Defendant and an account list was previously provided." 29. The previously provided account list was prepared solely by Plaintiff and coincidentally, did not include at least one account which Plaintiff later disclosed to Defendant. 30. Question Seven requested Plaintiff to provide information surrounding the purchase and sale of stock or securities within the past five years, and who handled these dealings, 31. Plaintiffs answered that the interrogatory was "annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. 32. Defendant had no idea that Plaintiff had certain investment funds titled in his name until recently, and needs to explore more fully the history of these accounts. 33. Question Fifteen requests Plaintiff to provide information surrounding his present health situation. JAN. 1 1. 000 9:1IA!VI J. ? & i,. rbg, r2. ! / I U NU. 8b17 r. 01I I 34. Plaintiff answered that his health condition "is not at issue in this case and the questions is annoying, embarrassing, oppressive and will not lead to the discovery of admissible evidence." 35. Defendant filed a claim for alimony, which addresses the health situation of both parties. CORPORATE INFORMATION REQUESTED BY EXPERT WITNESS 36. On September 8, 2004, in order to properly develop her economic claims, Defendant hired the services of Gregory A. Crumling, CPA/ABV, CVA of Beard Miller Company, to perform a valuation of Forklifts, Inc. 37, Upon retainment, Mr. Crumling forwarded to counsel for Defendant, a complete list of items he required from Plaintiff in order to perform the valuation. A copy of the list provided to counsel is attached hereto and incorporated herein as Exhibit "C." 38. On August 24, 2004, a copy of this list was provided to opposing counsel. 39. On November 1, 2004, opposing counsel indicated that Plaintiff was working on obtaining these items and would famish them to counsel for Defendant. 40. To date, these requested items have not been forthcoming from Plaintiff. 41. The documents and information requested by Defendant are essential to the proper development and presentation of her case. Without said documents, Defendant's case is unduly prejudiced. 42. Plaintiff s conduct in not furnishing complete answers to Defendant's discovery requests is totally unjustified, and has necessitated the filing of the instant Motion. IN. 1 I . L VU J ) . J9nrvi I U 6 i 1r I I I i WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order: A. B. C. Compelling Plaintiff to produce all of the documents requested by Defendant within fifteen (15) days from the entry of an Order of Cour; directing him to do so, and upon Plaintiffs failure to comply within the allotted time period, to suffer sanctions to be imposed by further Order of Court; Directing Plaintiff to pay Defendant's reasonable counsel fees and expenses incurred in connection with the filing, preparation and disposition of the instant Petition in the amount of $750.00; and Granting further relief as is deemed necessary and just. Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON nmmuwau-sk' Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant/Petitioner JAN I I. L?PJ; 7:iJHIVI ). J. nog, rd. I I I 1v Iw. 1077 r. iV, i VERIFICATION Upon my personal knowledge, information and belief, I, Barbara Scott, do hereby verify that the facts averred and statements made in the foregoing Petition to Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa_C.S.A §4904 relating to unsworn falsification to authorities. q _ Date; BY, &xe"W, Zlff arbara Scott JHN. I. L91)3 Y: JNHIVI J. ). D. N 1,. DUB', fa.. I I "U CERTIFICATE OF SERVICE rev, 0097 I I/ I I I, Cara A. Boyanowski, Esquire, hereby certify that on the date indicated below I served a true and correct copy of the foregoing Petition to Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories, on all interested parties, by depositing same from Harrisburg, Pennsylvania, first class mail, postage prepaid, addressed as follows: James P. DeAngelo, Esquire Pamela L. Purdy, Esquire McNEES WALLACE & NURICK LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 SERRATELLI SCHIFFMAN BROWN & CALHOON Date: I '1 By: 1'l 0c c???G Cara A. Boyanowski, Es q. Attorney No. 68736 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant/Petitioner .- t e. i C1 z, v-' RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVA141A V. : NO. 04-2909 CIVIL TERM BARBARA SCOTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO COMPEL MORE COMPLETE ANSWERS TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES AND NOW comes Plaintiff Ronnie L. Scott, by and through his attorneys McNees Wallace & Nurick LLC and files his Response to Defendant's Petition to Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories, and in support thereof, avers as follows.- OVERVIEW OF PLAINTIFF RONNIE L. SCOTT'S RESPONSE TO DEFENDANT'S DISCOVERY REQUESTS Since the filing of the divorce complaint, Plaintiff Ronnie L. Scott ("Mr. Scott") has worked diligently to provide Defendant Barbara Scott ("Ms. Scott"), her attorneys and her accounting expert with the information they need to understand and evaluate the marital estate. In December 2004, Ms. Scott filed a Petition to Compel. In November 2005, a year later, she is now pressing for a response. For the reasons described below, Mr. Scott requests that Ms. Scott's Petition to Compel be denied. Mr. Scott began providing information to Ms. Scott about the marital estate soon after filing for divorce on June 23, 2004. A chart setting forth information and documentation provided since filing the Divorce Complaint is attached hereto as Exhibit "A," and is incorporated herein. On September 30, 2004, Mr. Scott's counsel met with Ms. Scott's counsel to discuss the parties' assets and, in particular, Forklifts, Inc. At that September 30, 2004 meeting, counsel created a list of information that the parties would exchange with regard to their marital assets ("Discovery List"), a copy of which is attached hereto with its cover letter dated October 1, 2004, as Exhibit T," and incorporated herein. Counsel also agreed that the parties would proceed forward with an informal discovery process and that the parties' accountants would work together to exchange information regarding Forklifts, Inc. Mr. Scott has proceeded in good faith to cooperate and provide the voluminous documents and information requested by Ms. Scott. In contradiction to the parties' agreement to work together, Ms. Scott served formal discovery by letter dated October 28, 2004. Mr. Scott's counsel immediately called opposing counsel to find out why, in light of the fact that it had only been 22 days since the parties' agreement to move forward with the informal discovery process, Ms. Scott served formal discovery. In addition, Mr. Scott's counsel sought to determine whether Ms. Scott's counsel wanted to proceed with the agreed informal process, formal discovery or both. Counsel agreed that the information needed by Ms. Scott was included in the informal discovery requests, and Mr. Scott would respond to informal requests, rather than the formal discovery requests. On October 27, 2004, Mr. Scott's counsel wrote a confirming letter that the parties had agreed to an indefinite extension of the formal discovery. See Exhibit "C." Defense counsel responded by letter stating that Mr. Scott had not provided any information thus far, and should respond to both the formal and informal discovery requests. See Exhibit "D." Mr. Scott's counsel again proposed via letter that -2- he concentrate on the agreed upon discovery, to which Ms. Scott responded that Mr. Scott should gather the information requested by the formal responses. Faced with Ms. Scott's duplicitous conduct, on November 19, 2004, Mr. Scott responded to Ms. Scott's formal discovery requests and the information agreed upon by the parties at the September 30, 2004, meeting. A true and correct copy of counsel's letter dated November 19, 2004, is attached hereto as Exhibit "E," and incorporated herein. In addition, true and correct copies of Plaintiffs Answers and Objections to Defendant's General Interrogatories (First Set) and Plaintiffs Responses to Defendant's Request for Production of Personal Documents Related to (Equitable Distribution are attached hereto as Exhibits "F" and "G," respectively, and incorporated herein. On December 20, 2004, a month after Mr. Scott's initial responses and without even a telephone call to Mr. Scott's counsel asking for additional documents or information, Ms. Scott filed a petition for more complete answers and documents. Again, the instant petition was filed without any attempt to resolve the pending discovery disputes. On Januray 11, 2005, Ms. Scott's new counsel granted Mr. Scott an indefinite extension with regard to his response to Ms. Scott's motion to compel. See Exhibit "H." It was subsequently agreed that a response to the petition would be filed on December 19, 2005. Throughout 2005, Mr. Scott has continued to work with Ms. Scott by providing information and documentation regarding the parties' assets. See Exhibit "A." In addition, the accounting experts for each side met to exchange information and discuss the valuation of Forklifts, Inc., and Forklifts, Inc.'s accountant has worked directly with -3- both accounting experts to provide additional information about the business. Both of the parties' accountants have provided the parties with the results of their valuations and have not requested further information. Mr. Scott continues in his willingness to provide relevant information to Ms. Scott. He believes that both parties and counsel to both parties are under an obligation to minimize the cost and burden of this litigation. As further described below, Ms. Scott's petition to compel should be denied and the parties directed to proceed with the case. ANSWER TO DEFENDANT'S PETITION TO COMPEL MORE COMPLETE ANSWERS TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. REQUEST FOR PRODUCTION OF DOCUMENTS 7. Admitted in part, denied in part. On October 25, 2004, Ms. Scott served Requests for Production of Documents. Mr. Scott is without knowledge as to the truth of the averment that she prepared the Request for Production of Documents in order to properly develop her economic claims, and, therefore, said averment is denied. -4- 8. On November 19, 2004, Mr. Scott served responses to the document requests, together with responses to the discovery agreed between counsel. See counsel's November 19, 2004, letter, Exhibit "E." 9. Denied. The response to paragraph 8 is incorporated. Mr. Scott completely answered Ms. Scott's Request for Production of Documents, either by providing the documentation requested, or by objecting and setting forth a basis for the objection. 10. Denied. Ms. Scott's Request for Production of Documents 2 is not merely for bank and financial institution statements. Rather, it is for "[ajll statements, including canceled checks, check registers or stubs, and deposit slips issued by any bank, savings institution, or other financial institution from a date six months prior to your date of separation, through the present." At the meeting of counsel on September 30, 2004, the parties agreed to provide each other with date of separation and current statements for their accounts. See Exhibit "B." 11. Admitted in part, denied in part. Mr. Scott provided current statements and date of separation statements. Denied as to the characterization of Mr. Scott's answer. Mr. Scott's answer to Request for Production of Documents 2 states: Attached please find date-of-separation and current account statements for the following accounts: Merrill account #872-42596; Merrill account #872-50292; Merrill account #872-46273; Merrill account #872-56228; M & T account #2679074761 (date of separation onl,y); Raymond James account #470958657; John Hancock account #170-5105795; John Hancock account #183-5105796; M & T account #0155870009; Emerald Advantage Fund LLP #90; CNL REIT Fund #121355345003445; M & T Portfolio Arch account #191003989. The balance in the M & T account #2679074761 was $42,896.30 as of September 16, 2004. Plaintiff objects in that Request 2 is annoying, embarrassing, oppressive, unduly -5- burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence. Mr. Scott has provided a large quantity of information on the accounts. Ms. Scott's request for over three years' worth of financial statements, most of which Mr. Scott no longer has, is annoying, embarrassing, oppressive, unduly burdensome, overbroad, expensive and will not lead to the discovery of admissible evidence. In addition, many of these accounts were joint accounts, to which Ms. Scott has access. 12. Denied. Regardless of when Mr. Scott started planning to end his marriage, Mr. Scott did not withdraw and hide marital funds prior to separation. In addition, Mr. Scott has no knowledge as to the truth of Ms. Scott's averment regarding her "beliefs," and therefore, said averments are denied. 13. Denied. Ms. Scott's Request for Production of Documents 12 states: All monthly credit card statements and other charge account statements (MasterCard, Visa, American Express, Discover, departments stores, oil and gas companies, etc.), and supporting information, the accounts of which are in your name individually or jointly with any other person, for the past 12-month period prior to your separation up to the present. 14. Admitted in part, denied in part. Mr. Scott responded to request 12 as follows: Defendant has access to all joint statements. Plaintiff objects to Request 12 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. Ms. Scott's request for over three and a half years of credit card account statements, much of which Mr. Scott does not have, is annoying, embarrassing, oppressive, overbroad, and unduly burdensome. Such an effort will not lead to the discovery of -6- admissible evidence. In addition, Ms. Scott has access to statements from the parties' joint credit card accounts. 15. Denied. Ms. Scott has not discovered that prior to the date of the parties' separation, Mr. Scott was purchasing expensive gifts for and taking Ms. Burke on expensive trips. This is simply not true. Prior to separation, Mr. Scott did not purchase expensive gifts for Debbie Burke or take her on expensive trips and vacations. Ms. Burke did accompany Mr. Scott to California on two occasions prior to separation, but Ms. Burke paid for most of her expenses herself, and the expenses that Mr. Scott did pay for her did not exceed $5,000 for both trips. There is no marital debt. Searching for and reviewing years of credit card account statements will not be a productive exercise, and Mr. Scott should not be put through the trouble and expense of such an exercise. 16. Denied. Ms. Scott's Interrogatory 14 states: a. The lease or deed for the premises where you are presently residing. b. Copies of all written appraisals performed on the premises during the past five years. 17. Denied. Mr. Scott responded as follows: Plaintiff objects to Request 14(a) in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. Plaintiff objects to Request 14(b) in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. Mr. Scott's post-separation living arrangements are not at issue in the case. -7- 18. Denied. Ms. Scott has Mr. Scott's current address. The deed for the property, which lists the owners, is of public record. All funds paid in connection with the property are nonmarital, having either been earned after separation or part of the court-ordered interim distribution, as the parties' liquid marital assets are frozen. INTERROGATORIES 19. Admitted in part, denied in part. On October 25, 2004, Ms. Scott served her General Interrogatories (First Set). Mr. Scott is without knowledge as to the truth of Ms. Scott's averments regarding her legal strategy, and therefore, said averments are denied. 20. Denied. On November 19, 2004, Mr. Scott served his responses to discovery. See counsel's November 19, 2004, letter, Exhibit "E." 21. Denied. Mr. Scott timely answered each of the Interrogatories completely and fully, either with a response, or an objection and explanation for said objection. See Exhibit "F." 22. Denied. Ms. Scott's Interrogatory 4 states as follows a. Do you presently maintain any credit cards for your personal use? b. Do you presently maintain any credit cards for business purposes? 23. Denied. Mr. Scott responded to Interrogatory 4 as follows: Credit card accounts are not presently at issue in this action. Plaintiff objects to Interrogatory 4 on the grounds that it is annoying, embarrassing, oppressive and will not lead to the discovery of admissible evidence. 24. Denied. The response to paragraph 15, above, is incorporated. -8- 25. Denied. Ms. Scott's Interrogatory 5 states: If the answer to the previous Interrogatory is in the affirmative, for each card state: a. The name of the user; b. The card number; C. To whom the card is issued; d. The name and address of each person who may use the card; and e. the present balance of the account. Also, for each card, attach copies of statements you have received for the last twelve months. 26. Admitted in part; denied in part. Mr. Scott responded to Ms. Scott's Interrogatory 5 as follows: Credit card accounts are not presently at issue in this action. Plaintiff objects to Interrogatory 5 on the grounds that it is annoying, embarrassing, oppressive and will not lead to the discovery of admissible evidence. The response to paragraph 15, above, is incorporated. 27. Denied. Ms. Scott's Interrogatory 6 states: Are you the owner, individually or with others, of any interest in any securities, or in any mutual fund, including, but not limited to, stock funds, money market funds, bonds, municipal bond funds, gold funds, etc.? If so, please list the names of those securities or funds. 28. Denied. Mr. Scott's response to Ms. Scott's Interrogatory 6 states: Information on investment accounts is well known to Defendant and an account list was previously provided. See attached property list. See documents previously produced. See investment account statements. -9- 29. Denied. The previously provided account list, attached hereto with its cover letter dated July 8, 2004, as Exhibit "l," was prepared by Mr. Scott's attorneys. Said account list contains all of the parties' accounts. No account was "later disclosed to Defendant." See also Paragraph 21 of Exhibit "E," which explains that "[Plaintiff] does not own any additional accounts that have not been previously disclosed." 30. Denied. Ms. Scott's Interrogatory 7 states: Please list by name and address the brokerage companies or other entities through which you have bought and/or sold stock and/or securities within the past five years, and the name of the account executive, or person handling the account. a. Name of brokerage company and address: 1) 2) 3) b. Account Executive or person handling account: 1) 2) 3) 31. Denied. Mr. Scott's response to Interrogatory 7 states: See response to Interrogatory 6 above. Plaintiff objects to Interrogatory 7 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. By way of further answer, Ms. Scott has all of the account information regarding the parties' and Mr. Scott's separate accounts. In addition, Ms. Scott communicates -10- directly with the parties' broker, who the parties have worked with for years. Ms. Scott is requesting information that she already has or to which she has access through the parties' broker. 32. Denied. Mr. Scott provided Ms. Scott with a list of the parties' marital assets in July, soon after filing for divorce. See Exhibit "A." Mr. Scott, his accountant and his attorneys have provided Ms. Scott with statements for said accounts and have spent extensive amounts of time explaining said accounts. Ms. Scott is requesting information that she already has or to which she has access. 33. Denied. Ms. Scott's Interrogatory 15 states Are you presently, or have you been during the past year, under the care of a physician, chiropractor, medical practitioner, or therapist, other than for a regular check-up? 34. Denied. Mr. Scott's response to Defendant's Interrogatory 15 states: The parties' medical conditions presently are not at issue in this case. Plaintiff objects to Interrogatory 15 in that it is annoying, embarrassing, oppressive and will not lead to the discovery of admissible evidence. 35. Admitted in part, denied in part. Ms. Scott filed a claim for alimony. Mr Scott's health is not at issue, unless he asserts a defense to alimony due to a health issue. Both parties are approaching retirement age and they have substantial assets. It is highly unlikely that alimony will be at issue, and it is even more unlikely that Mr. Scott's health will be at issue. Ms. Scott's inquiry about Mr. Scott's health and medical care is an attempt to annoy and embarrass Plaintiff and will not lead to the discovery of admissible evidence. - 11 - CORPORATE INFORMATION REQUESTED BY EXPERT WITNESS 36. Denied. Mr. Scott is without knowledge as to the truth of the averments set forth in Paragraph 36 and, therefore, said averments are denied. 37. Denied. Mr. Scott is without knowledge as to the truth of the averments set forth in Paragraph 37 and, therefore, said averments are denied. 38. Admitted. By way of further answer, Ms. Scott's list, as described in Defendant's Paragraphs 37 and 38, was not included in her formal discovery requests. 39. Denied. On November 1, 2004, Mr. Scott's counsel sent a letter to Ms. Scott's counsel responding to allegations in her October 24, 2004, letter that stated "[t]o date, we have not received any documents from your client substantiating any of the value he set forth in July 2004, even though we have requested same on several occasions." A true and correct copy of the November 1, 2004, letter is attached hereto as Exhibit "J," and is incorporated herein. Counsel's November 1, 2004, letter lists all of the documentation that Mr. Scott provided to Ms. Scott prior to that date. In addition, the letter advises that Mr. Scott was continuing to gather the information agreed to by the parties, which the parties agreed would replace the list enclosed in Ms. Scott's October 24, 2004, letter, in spite of Ms. Scott's accusatory letters and formal discovery requests. See Exhibit "J." The letter did not indicate that Mr. Scott was gathering the information listed in Ms. Scott's August 24, 2004, letter. The November 1, 2004, letter requested a response from Ms. Scott as to whether she wanted Mr. Scott to answer her formal discovery requests within the 30- day time period, or continue to work on the informal discovery requests, as previously -12- agreed upon by the parties. By letter dated November 2, 2004, Ms. Scott insisted that Mr. Scott respond to the formal discovery requests. A true and correct copy of the letter dated November 2, 2004, is attached hereto as Exhibit "K," and is incorporated herein. On November 19, 2004, Mr. Scott responded to both the formal and informal discovery responses within the 30-day time limit. See Exhibit "E." 40. Denied. As explained above, Mr. Scott has provided all of the documentation on the parties' joint Informal Discovery List. Mr. Scott also provided the information requested in Ms. Scott's formal discovery requests, and/or provided valid objections to said requests. In addition, Mr. Scott's expert has worked with Ms. Scott's expert to gather the information needed to value Forklifts, Inc., and both experts have provided oral valuation figures to their clients. Mr. Scott has provided Ms. Scott and her expert with all information requested and is not aware of any additional information requested that has not already been provided. 41. Denied. Mr. Scott is without knowledge as to the truth of the averments in Paragraph 41 and, therefore, said averments are denied. 42. Denied. To date, Mr. Scott has provided all information requested by Ms. Scott's expert and is unaware of any additional information requested that has not been provided. WHEREFORE, Plaintiff Ronnie L. Scott respectfully requests that this Honorable Court enter an order: -13- a. Denying Defendant Barbara Scott's Petition to Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories; b. Directing Defendant Barbara Scott to negotiate with Plaintiff Ronnie L. Scott's counsel on any further discovery issues before approaching the Court with further discovery motions; C. Schedule a discovery conference with counsel by telephone or in person. Respectfully Submitted, McNEES WALLACE & NURICK LLC By-P4-_?- James P. DeAngelo (I.D. 62 7) Pamela L. Purdy (I.D. 85783) 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: Ia I 11 /0 S -14- 12/19/2005 14:52 FAX 717 918 8727 FORKLIFTS,INC. IaOO2/002 12119/2005 12:00 FAX fl! 1991 030V wewcci rucrce . nvn.en •-••--• VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief, Ronnie L.L. Scott Dated: t 1,^ ? ?? Y Date Information Provided 7/8/04 List of Marital Assets 7/29/04 Forklifts, Inc. federal and state income tax returns 1999-2003 8/6/04 Forklifts, Inc. audited financial statements 2000-2003 Stratford Properties, LLP federal and state income tax returns 1999-2003 Joint personal federal and state income tax returns 1999-2003 Forklifts, Inc. federal and state income tax returns 1999-2003 9/1/04 Information on MONY, 15 Colony and Standard Life Insurance policies Title to Jeep Title to Tourmaster AKC registration for Ch. Greg-Mar Glory Bound AKC registration for Strafford's Danette AKC registration for Yoplait Des Supers-Supers Information on "Spice" puppies Information re landscaping work Information re Michael Scott real estate tax bill Information re appraisals 9/3/04 Capital American Life Insurance Company cancer coverage policy 9/3/04 Mutual Life Insurance Co. of NY policy 918/04 Southland Life Insurance Co. policy 9/22/04 Information re insurance premiums for policies in insurance trust 9/23/04 Two irrevocable life trusts Ronnie L. Scott's will 10/21/04 Forklifts, Inc. audited financial statements 1998 &1999 11/19/04 Responses to formal and informal discovery requests (See Exhibits ) Williamsport property purchase documents Williamsport property mortgage Williamsport property lease M&T account 9026 current and date of separation statements M&T account 2253 current and date of separation statements Lancaster property lease Mechanicsburg property lease 2000 Forklifts, Inc. bonus pool and stock purchase computation Minority restrictive agreement 401(k) statements- current and date of separation Forklifts, Inc. stock ledger Minutes from Forklifts, Inc. meetings Letters responding to audit litigation inquiry 2003 K-1 CNL partnership Stamp collection auction recap Merrill account 2596 current and date of separation statements Merrill account 0292 current and date of separation statements Merrill account 6273 current and date of separation statements Merrill account 6228 current and date of separation statements M & T RL Scott account 4761 date of separation statement Raymond James account 5857 current and date of separation statement John Hancock account 5795 current and date of separation statement John Hancock account 5796 current and date of separation statement M&T Bank corporation investors shares account 0009 current and date of separation statement Emerald Advantage Fund #90 current and date of separation statement CNL REIT Fund 3445 current and date of separation statement M&T Portfolio Architect 3989 current and date of separation statement Michael Scott mortgage Property list Lancaster property appraisal Mechanicsburg property appraisal Tax assessment for Michael Scott's home 12/2/04 2004 amortization for Michael Scott's mortgage; Ron Scott automobile lease payment information 3/7/05 Information regarding allocation of 2004 income and interest for tax purposes Depreciation schedule of Lancaster Property Forklifts, Inc. and subsidiary audited financial statements 2003 & 2004 Forklifts, Inc. and subsidiary 2004 federal income tax return Ronnie L. Scott 2004 federal and state income tax return Forklifts, Inc. Board of Directors minutes for 9/30/04 and 12/31/04 Real estate notices and payments for Mechanicsburg and Lancaster properties 2004 fringe benefit review for Forklifts, Inc. 2004 W-2s for officers and key managers- Forklifts, Inc. Projected balance sheet for 2005 for Forklifts, Inc. 2005 projected cash flow for Forklifts, Inc. Ransome Risk Asset Purchase Schedule A Forklifts, Inc. calculation of corporation value using stock plan formula 6/10/05 Plaintiffs response to Defendant's discovery requests- second set 8/10/05 Forklifts, Inc. consolidated unaudited balance sheet and profit/loss internal statements as of June 30,2005 8/25/05 Lancaster property real estate taxes information Information re Ron Scoff's use of company car Explanation of charges on American Express account K-1 statements for CNL Income Fund IV, Ltd., S)tevark Stable and Ron Scott, Emerald Advantage Fund, LP Breakdown of 2004 Forklifts, Inc. distributions to Ron Scott Medical benefits information 401(k) contributions information 9/2/05 Marital asset list 9/14/05 Ron Scott 2004 W-2 2004 federal and state income tax return for Stratford Properties ?Al DALEY, ZUCKER & GINGRICH, LLC ATTORNEYS AT LAW Kathleen Misturalt-Gingrich Attorney At Law 717-657-4795, Ext. 14 Direct Dial: 717-657-4800 E-mail. kainarich@dzolaw.com Kathleen Carey Daley, Esquire Patricia Carey Zucker, Esquire Cam A Boyanowski, Esquire Pounds A Pallor, Office MgrJPamegal Susan M. Hudson, Paralegal October 1, 2004 James P. DeAngelo, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Re: Ronnie Scott v. Barbara Scott Dear Jim: Cara and I would like to thank you for meeting with us on Thursday, September 30, 2004, with respect to the above-captioned matter. We believe that the agenda which we had shared with you in advance focused the meeting and permitted us to cover much background information in limited period of time. We hope that the voluntary exchange of such information and documentation will also assist this matter to move forward expeditiously without the need for formal discovery. As we discussed at the meeting, certainly Mr. Scott is in a much better position than Mrs. Scott to identify the location of the marital assets and to provide documentation to assist us to value those assets to bring the divorce to an amicable resolution at the earliest of stages. To that end, as you know, we have retained an expert to assist with the valuation of the businesses. While we were hoping to receive at our meeting at least some of the requested documents forwarded to you previously, we are hopeful that your suggestion for Beard Miller to work directly with Dave Stewart, the corporate and personal accountant, will expedite the document production process. We hope that Mr. Scott will expeditiously approve that direct contact. We are optimistic that once Mr. Scott gives the "go-ahead", Mr. Stewart will work with Beard Miller to gather the necessary documentation as promptly as possible, especially since the document request has been pending for awhile. You should also know that we have already checked with Mrs. Scott and she does not have any documentation in the file cabinet to which you referred at the meeting. Whether that information was removed by Mr. Scott at the time that he left or not, she doesn't know. Basically, there is no historical information available to Mrs. Scott with respect to any of the marital accounts. 1029 SCENERY DRIVE, HARRISBURG, PA 17109 • TEL: 717.657.4795 • FAX: 717.657.4996 James P. DeAngelo, Esquire October 1, 2004 Page 2 Therefore, we would ask, as you suggested, that Pam Purdy expeditiously set to work on getting the account information as of the date of separation and currently, particularly with respect to any of the' accounts that are held solely in Mr. Scott's name, as Mrs. Scott would not have access to those accounts. We are asking Mrs. Scott to request that same: information for accounts to which she has access. I have also attached a list of the outstanding items which we discussed exchanging at the meeting to expedite the exchange of information. Please be advised that I am gathering my information to provide back to you as promptly as possible. If you have any additional requests for data, please do not hesitate to let me know. We believe that it is in bath parties' best interests to try to exchange information on an informal, rather than a formal, discovery basis. We look forward to expeditious receipt of the requested documentation. Should you have any question, please do not hesitate to contact me. Very truly yours, DALEY, ZUCKER, & GINGRICH, LLC Kathleen Misturak-Gingrich, Esquire KMG/smh Attachment cc: Barbara Scott Cara A. Boyanowski, Esquire % Ronnie Scott v. Barbara Scott List to get 9/30/04 1) Salaries and additional compensation for 3 years of officers and managers for both companies (separate salaries for 2 companies) and Robert Jablowski. 2) Copy of Stock Incentive Plan and Shareholders Restrictive Agreement. 3) Check about Management Agreement between companies? 4) How did they finance Forklifts Associate Inc.'s acquisition? 5) How much is owed on real estate mortgages? 6) How do they intend to handle Mrs. Scott's input and approval of long term lease at Williamsport facility? 7) Where are rental monies going? 8) Clarify Stratford Property accounts (2) and Stratford Property, LLP account (is that $160,000 equity)? 9) Leases for Lancaster property and other properties? 10) Dentist's office? 11) R.T. Grim/old Forklifts facility. 12) KMG - Check to provide source of information about foreign business ownership. 13) Ownership interests in all horses and Stevark Stables, Inc. 14) C&L Inc. Fund - Titled in his name re-investment refund. years ago. Pension asset - Ron bought it. Purchased years ago and just sits there. 15) KMG & JIM - Lists of other accounts of both parties: savings, checking, investment. 16) Inventory of stamp auction and list of unsold items. 17) 1998-1999 financials. KMG - get some definition of major Customer Agreement and major Sales/Service Agreement. 18) Collective Bargaining Agreement. 19) Corporate minute books (3 years). 20) Audit letter (3 years). 21) KMG - What information does Beard Miller want about Forklifts' competitors? 22) Pension plan status---converted? What happened? 23) Appraisals. Status about commercial property appraisals (his) and residence (hers). * 24) Facilitating Beard Miller speaking directly to Dave Stewart. 25) Mr. Scott to get statements from all accounts as of date of separation and current. Mrs. Scott to get same statements from accounts on which her name appears. ?- awe McNees Wallace & Nurick LLC attorneys at law PAMELA L. PURDY DIRECT DIAL: (717) 237-5479 E.-MAIL ADDRESS: PPURDY@MWN.COM October 27, 2004 Cara A. Boyanowski, Esq. Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Re: Ronnie L. Scott v. Barbara Scott Dear Cara: This letter is to confirm our conversation yesterday that you have granted us an indefinite extension for our responses to your request for production of documents and interrogatories. If you would like us to respond to them in the future, we will request that we have the statutory 30-day time period in which to respond following the date of your request. Thank you for your attention to this matter. Very truly yours, McNEES WALLACE & NURICK LLC BY P.4 PtM-9C Pamela L. Purdy PLPljlp c: Mr. Ronnie L. Scott P.O. BOX 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAx: 717.237.5300 • www.mwN.COM HAZLETON, PA • STATE COLLEGE, PA • COLUMBUS, OH • WASHINGTON, DC ??"`???? 1 DALEY, ZUCKER & GINGRICH, LLC ATTORNEYS AT LAW October 28, 2004 Pamela L. Purdy, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 RE: Scott v. Scott Dear Pam: I apologize if I left you with the impression yesterday that I was granting you an indefinite extension to respond to the Request for Production of Documents or the Interrogatories I served upon your client, Ronnie Scott. The reason for the drafting of the Request for Production of Documents and the Interrogatories was to place Mr. Scott on a time table during which he would have to produce and forward necessary asset and debt information. To date, we have not received any documents from your client substantiating any of the values he set forth in July, 2004, even though we have requested same on several occasions. As I recall our conversation, you stated that it was your normal practice to obtain from your client and provide to the opposing party, both present date values and date of separation values for all bank accounts, investment accounts, and retirement accounts. I thought during our conversation I had agreed that your client would at least provide the present date and separation date statements from all of his accounts within the thirty day time period, with an understanding that if necessary, an extension could be requested in order to obtain the additional statements and information. I never intended to permit Mr. Scott the luxury of deciding when it would be convenient for him to provide answers to my Interrogatories or assemble the information requested in my Request for Production of Documents. If this were my intent, I would have never filed formal discovery requests. Thank you for your kind attention. Sincerely yours, DALEY ZUCKER & GINGRICH, LLC ?I?lILtJ/-? Q a oyanows agm(e CAB/cb cc: Barbara A. Scott 1029 Sc2NERY DRIVE. HARRISBURG. PA 17109. TEL 717.65'7.4795 . FAX: 717 657,499(3 ./ ,??, ? ?`? I'A AVIII McNees Wallace & Nurick LLC attorneys at law FILE COPY PAMELA L. PURDY DIRECT DIAL: (717) 237-5479 E-MAIL ADDRESS: PPURDY@MWN.COM November 19, 2004 Cara A. Boyanowski, Esq. Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Re: Ronnie L. Scott v. Barbara Scott Dear Cara: Enclosed are answers and objections to your client's formal discovery requests. 9 together to create a list of information sought by Mrs. Scott from Mr. Scott and Forklifts, Inc. This letter and the various enclosed documents are provided in response. Durin your meeting on September 30 2004 you Kathleen and Jim worked Management level salary and benefit information: All amounts are annual payments. Mr. Scott's and Mr. Gibson's fringe benefits are included in their gross income amount. Ronnie Scott 2003 Gross Income: $1,176,758 2003 Fringe Benefits: Life insurance $350 Health and accident insurance $5,701 Automobile allowance $771 Automobile lease- amount to be provided 2002 Gross Income: $1,178,699 2002 Fringe Benefits: Life insurance $300 Health and accident insurance $5,336 Automobile allowance $1,127 Automobile lease- amount to be provided 2001 Gross Income: $1,288,648.28 P.O. Box 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000' FAX: 717.237.530D • WWW.MWN.COM HAZLETON, PA • STATE COLLEGE, PA • COLUMBUS, OH • WASHINGTON, DC r ' Cara A. Boyanowski, Esq. November 19, 2004 Page 2 2001 Fringe Benefits: Life insurance $300 Health and accident insurance $4,908 Automobile allowance $968 Automobile lease- amount to be provided Richard Scott: 2003 Gross Income: $124,422 2003 Fringe Benefits: Life insurance $350 Automobile allowance $350 2002 Gross Income: $122,932 2002 Fringe Benefits: Life insurance $300 Automobile allowance $300 2001 Gross Income: $104,614 2001 Fringe Benefits: Life insurance $300 Automobile allowance $300 Michael Scott: 2003 Gross Income: $67,780 2003 Fringe Benefits: Life insurance $112 2002 Gross Income: $77,340 2002 Fringe Benefits: None 2001 Gross Income: $61,793 2001 Fringe Benefits: None Cara A. Boyanowski, Esq. November 19, 2004 Page 3 David Gregorits: 2003 Gross Income: $108,895 2003 Fringe Benefits: Life insurance $350 2002 Gross Income: $117,319 2002 Fringe Benefits: Life insurance $300 2001 Gross Income: $95,278 2001 Fringe Benefits: Life insurance $300 Rick Etter 2003 Gross Income: $136,578 2003 Fringe Benefits: Life insurance $350 2002 Gross Income: $136,273 2002 Fringe Benefits: Life insurance $300 2001 Gross Income: $112,054 2001 Fringe Benefits: Life insurance $300 Douglas Gibson 2003 Gross Income: $215,722 2003 Fringe Benefits: Life insurance $300 Health and accident insurance $5,158 2002 Gross Income: $306,938 Cara A. Boyanowski, Esq. November 19, 2004 Page 4 2002 Fringe Benefits: Life insurance $300 Health and accident insurance $4,762 2001 Gross Income: $192,452 2001 Fringe Benefits: Life insurance $300 Health and accident insurance $5,185 2. Forklifts Associates salary or benefits: Forklifts Associates does not pay any separate salary or benefits to the individuals identified in 1, above. Forklifts Associates pays Ron Jablonski's salary and benefits, which were as follows for the last three years: 2003 Gross Income: $76,643 2003 Fringe Benefits: Life insurance $350 Automobile allowance $1,100 2002 Gross Income: $15,274 2002 Fringe Benefits: Life insurance $187 2001 Gross Income: Not an employee in 2001 3. Forklifts Associates management agreement: There is no management agreement between Forklifts Associates and Forklifts, Inc. 4. Forklifts. Inc.'s purchase of Forklifts Associates: All funds required to make the purchase were financed) by Citicorp through an asset- based loan and a supplemental loan, both of which were guaranteed by Forklifts, Inc. and Mr. Scott. Cara A. Boyanowski, Esq. November 19, 2004 Page 5 5. Amounts owed on the Mechanicsburg and Williamsport real estate owned by Stratford Properties: The amount owed on the Mechanicsburg property on 12/31/03 is reflected in Stratford's Partnership Return on the Schedule L Balance Sheet as $2,461,524. This amount consists of $21,524 due to Mr. Scott for money loaned to the partnership and $2,440,000 due on the Bond Issue. For the Mechanicsburg real estate, annual bond principal payments are made from the Bond Sinking Fund in May of each year. In May 2004, a $90,000 bond principal payment was made, leaving $2,350,000 as the current principal due on the Mechanicsburg real estate's Bond Payable. On June 30, 2004, Stratford Properties purchased the Williamsport real estate. The new mortgage for the purchase and expansion of this property totals $950,000. Copies of the purchase, mortgage and lease documents for the Williamsport property are enclosed. 6. Information regarding the expected rental rate for Williamsport real property following the completion of construction: The lease for the Williamsport property was established at the time the property was purchased. Mr. Scott is the managing partner for Stratford Properties. As such, he will make decisions regarding any adjustment to the lease. A copy of the executed lease is enclosed. 7.A. Use of rent money paid to Strafford Properties: The Stratford Properties Partnership Returns reflect the use of the rent money received by the Partnership. As detailed in the tax returns, the money is used to pay bond principal and interest payments and bond issue financing expenses. With the addition of the Williamsport property, in 2003, it is also paying mortgage payments. In addition, distributions have been made to the partners to cover income taxes on the profits of the partnership and an annual cash distribution, which can vary in amount (for 2003 the amount was $15,000 in total; $5,000 to each partner). B. Stratford Properties accounts: The two accounts held by Stratford Properties are M & T Account No. 15004206009026 and M & T Account No. OC2-652253. These are the accounts used to receive the rental income and disburse funds. These accounts are included on the Partnership Tax Return balance sheet, with one account being the operating checking account shown on the Cash line of the balance sheet and the other account being the Bond Principal Sinking Fund that is used to accumulate the principal due on the bond issue each May, which is shown on the Other Current Asset line. These cash accounts plus the appraised value of the real estate, less the loan liabilities, make up the tangible value of Cara A. Boyanowski, Esq. November 19, 2004 Page 6 Stratford Properties. Copies of the date of separation and most recent statements for both accounts are enclosed. 8. Copies of the leases for the Lancaster and Mechanicsburo facilities: Enclosed please find copies of the Lancaster, Mechanicsburg and Williamsport facilities leases. 9. The former Forklifts Inc. location on Trindle Roac1: This facility was owned by the Richard Draude family, the former owners of Forklifts, Inc. its sale provided no funds to Mr. Scott or Forklifts, Inc. 10. Real estate leased for use as a dentist's office: Ron and Barbara Scott owned a building unrelated to Forklifts, Inc. at 3975 Trindle Road, but that building was sold in 1997. 11. Stevark Stables: Mr. Scott has never had an ownership interest in Stevark Stables. 12. Past ownership interest in horses: Mr. Scott had invested in some horses with Mr. Kravets and Stevark Stables, all of which appeared on the Federal 1040 forms, but he disposed of those interests in 2003. Beginning in 1997, Mr. Scott had full or partial ownership in many horses and the transactions related to these horses have been reflected in the individual tax returns either on Schedule C for Magic Dog Stables, or Schedule E for any formal horse partnerships he invested in. By the end of 2003, Mr. Scott no longer had any ownership in any horses. All horse ownership transactions that involved the purchase and sale of a horse in the same tax year were reported on the Schedule C. The sale of any horses that were owned between two or more tax years were reported by name on Form 4797 in the individual tax returns. 13. Inventory of the stamp collection auction: Enclosed please find a copy of a document titled Stamp Collection Auction Recap and attached thereto, supporting documents from the auctioneer. Cara A. Boyanowski, Esq. November 19, 2004 Page 7 14. 1998-99 comparative financials for Forklifts. Inc.: Mr. Scott's accountant, Dave Stewart, previously provided these documents to Beard Miller. 15. Forklifts. Inc.'s stock incentive plan and minority shareholders' agreement: Forklifts, Inc. no longer has a stock incentive plan in effect. The plan was for five years and ended in 2001. Enclosed please find a copy of the bonus pool allocation and stock purchase computation sheet for 2000. In addition, we have enclosed a copy of the minority restrictive agreement that is in effect. Please note that Mr. Scott is not a party to that agreement. 16. Status of unionized employees: Only the mechanics in the Forklifts Associates subsidiary are unionized. All other employees are non-union. 17. Forklifts. Inc. pension plan: When Mr. Scott first took ownership of Forklifts, Inc., the company had a defined benefit pension plan for all of its eligible employees. The plan was subsequently terminated and all employees could then roll over the value of their accounts into their own individual IRA accounts, take a taxable distribution, or roll the funds oven into the new Forklifts, Inc. 401(k) plan. Mr. Scott chose to roll his funds into the new 401(k) plan. Currently, Forklifts, Inc. has only one retirement plan, the 401(k) plan. Forklifts Associates, Inc., the wholly owned subsidiary of Forklifts, Inc., is participating in the Forklifts, Inc. 401(k) plan and has also established a new defined benefit pension plan for union employees only. Mr. Scott is not eligible for this new defined benefit pension plan. Copies of Mr. Scott's current and date-of-separation statements for his 401(k) account are enclosed. 18. Corporate minute book and stock transfer ledger: Enclosed please find a copy of the stock ledger and minutes of the Board of Directors' meetings from March 31, 1999 to the present for Forklifts, Inc. 19. Audit response letters: Enclosed please find copies of the letters Forklifts, Inc. received from attorneys in response to its audit inquiry letters for the past three audit years. r, Cara A. Boyanowski, Esq. November 19, 2004 Page 8 20. Information on the CNL partnership interest: The partnership interest in CNL Income Fund IV, Ltd. is titled in the name of Ronnie L. Scott. At December 31, 2003, his capital account value was $12,869. Enclosed please find a copy of the 2003 K-1 form that was used in the preparation of the 2003 individual income tax return. 21. Additional accounts not previously listed: Mr. Scott does not own any additional accounts that have not been previously disclosed. Joint bank accounts that existed in 2003, but have since been closed, include the following: M & T Bank joint account no. 000002679074761, M & T Bank joint account no. 015004198276006, M & T Bank joint account no. 015004198276014, and Barbara A. Scott M & T Bank account no. 015004198309378. Very truly yours, McNEES WALLACE & NURICK LLC By povI" L , Pamela L. Purdy PLP1jlp c: Mr. Ronnie L. Scott James P. DeAngelo, Esq. Michael G. Jarman, Esq. ?? ? ? ???! W RONNIE L. SCOTT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2909 CIVIL TERM BARBARA SCOTT, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE PLAINTIFF'S ANSWERS AND OBJECTIONS TO DEFENDANT'S GENERAL INTERROGATORIES (FIRST SET) GENERAL OBJECTIONS Plaintiff objects to Defendant's interrogatories to the extent that they are vague, overbroad, unduly burdensome, harassing, oppressive, irrelevant, and will result in unnecessary and undue expense. Moreover, nothing herein shall be construed as an admission by Plaintiff respecting the admissibility or relevance of any fact or documents, or as an admission of the truth or accuracy of any characterization or document of any kind. 2. Plaintiff objects to Defendant's interrogatories to the extent that they seek information not within the possession, custody or control of Plaintiff. 3. Plaintiff objects generally to Defendant's interrogatories to the extent that they seek information protected by the attorney-client privilege, the attorney work product doctrine, or by any other privilege available under federal or state statutory, constitutional or common law. Inadvertent production of any such information shall not constitute a waiver of any privilege or any other ground for objecting to discovery with respect to such information, nor shall inadvertent production waive Plaintiffs right to object to the use of any such information in any proceedings. 4. Plaintiff objects to Defendant's interrogatories to the extent they impose on Plaintiff obligations that exceed or are inconsistent with obligations imposed by the Pennsylvania Rules of Civil Procedure. 5. Plaintiff objects to Defendant's interrogatories to the extent that they seek information as readily available to Defendant as to Plaintiff. 6. Plaintiff objects to the definitions and instructions appended to Defendant's interrogatories to the extent they: (1) impose on Plaintiff obligations inconsistent with the Pennsylvania Rules of Civil Procedure; (2) extend the iindividual interrogatories so as to encompass information not relevant to the claims or defenses of any party; or (3) are unduly burdensome to Plaintiff. Plaintiff reserves the right to supplement his response to each and every interrogatory, without obligating himself to do so, except to the extent such an obligation is imposed by the Pennsylvania Rules of Civil Procedure. 8. Plaintiff objects to Defendant's interrogatories to the extent that they are cumulative and duplicative. 9. Plaintiff objects to Defendant's interrogatories to the extent that they state unproven and contested allegations as matters of fact, rely on conclusions of law, and ignore and contradict established law. 10. Plaintiff objects to Defendant's interrogatories to the extent that they purport to require Plaintiff to gather and produce information from any agent or representative of Plaintiff on the ground that such a request is unduly burdensome, -2- inconsistent with the Pennsylvania Rules of Civil Procedure, and not relevant to the claims or defenses of any party. 11. These general objections are hereby incorporated into each and every response to the individual interrogatories as if fully set forth herein. Plaintiffs responses to the interrogatories are provided subject to and without waiver of the foregoing general objections, whether or not repeated herein, and any other, specific objection thereto. 12. All responses to Defendant's interrogatories are made without in any way waiving or intending to waive, but on the contrary preserving and intending to preserve: a. all objections to the competence, relevance, and admissibility of any documents or information produced in response to Defendant's interrogatories as evidence for any purpose in subsequent proceedings in this or any other action or at the trial of this or any other action, arbitration, proceeding or investigation. b. the right to object on any ground at any time to the use of any of the information produced in response to Defendant's interrogatories, or the subject matter thereof, in any subsequent proceedings or at the trial of this or any other action, proceeding or investigation; and c. the right to object on any ground at any time to a demand for further responses to Defendant's interrogatories or any other request, or to other discovery proceedings involving or relating to the subject matter of this request. -3- OBJECTIONS AND RESPONSES TO SPECIFIC INTERROGATORIES Please state your current address and the date upon which you began residing there. Answer: Plaintiff resides at 5120 East Creek Drive„ Harrisburg, Pennsylvania. Plaintiff has resided at this address since separation. -4- 2. State the name, age, gender, and relationship of each person residing with you. a. Are any of those individuals employed? If so, by whom, and state the amount of his or her annual income. b. Do any of those individuals have any other source of income? If so, how much on an annual basis, and from what source? C. Do any of those individuals contribute to the household expenses? Answer: Plaintiff resides alone. -5- 3. Please complete the Income and Expense statement attached to these Interrogatories, that is marked Schedule A. Answer: See income information provided as a pail of Defendant's spousal supportaction. See income tax returns previously produced. See information produced with accompanying letter. Plaintiff objects to Interrogatory, 3 on the grounds that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of relevant evidence. -6- 4. a. Do you presently maintain any credit cards for your personal use? b. Do you presently maintain any credit cards for business purposes? Answer.• Credit card accounts are not presently at issue in this action. Plaintiff objects to Interrogatory 4 on the grounds that it is annoying, embarrassing, oppressive and will not lead to the discovery of relevant evidence. -7- 5. If the answer to the previous Interrogatory is in the affirmative, for each card state: a. The name of the issuer; b. The card number; C. To whom the card is issued; d. The name and address of each person who may use the card; and e. The present balance of the account. Also, for each card, attach copies of statements you have received for the last twelve months. Answer. Credit card accounts are not presently at issue in this action. Plaintiff objects to Interrogatory 5 on the grounds that it is annoying, embarrassing, unduly oppressive and will not lead to the discovery of relevant evidence. -8- 6. Are you the owner, individually or with others, of any interest in any securities, or in any mutual fund, including, but not limited to, stock funds, money market funds, bonds, municipal bond funds, gold funds, etc.? If so, please list the names of those securities or funds. Answer: Information on investment accounts is well known to Defendant and an account list was previously provided. See attached property list. See documents previously produced. See investment account statements. -9- 7. Please list by name and address the brokerage companies or other entities through which you have bought and/or sold stock and/or securities within the past five years, and the name of the account executive, or person handling your account. a. Name of brokerage company and address: 1) 2) 3) b. Account Executive or person handling account: 1) 2) 3) Answer: See response to interrogatory 6, above. Plaintiff objects to interrogatory 7 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. -10- List all banks, savings and loans, credit unions, and financial institutions in which you individually, or jointly with another, have or had, commencing from six months prior to separation to the present, an account in which funds are held. Answer: See attached property list. See response to interrogatory 6, above. - 11 - 9. Do you own, individually or jointly with another, any certificates of deposit, treasury notes, or other depository receipt of any kind? Answer.• See attached property list. See response to interrogatory 6, above. -12- 10. Do you now or have you at any time since the date of marriage maintained or had access to a safe deposit box? If so, please detail the contents at the time opened, and the date of separation. Detail all items that you have removed from the safe deposit box for six months prior to the date of separation to the present. Answer.• No. Plaintiff objects to interrogatory 10 in that it is annoying, embarrassing, oppressive, unduly burdensome, overbroad, expensive and would not lead to the discovery of admissible evidence. -13- 11. Since the date of marriage, have there been accounts at a savings or commercial banking institution, brokerage firm, or any other type of financial institution, on which your name did not appear, but in which you deposited any funds? If so, please designate by account number and name of financial institution, and indicate the name(s) under which the account is listed. Answer.• No. Plaintiff objects to Interrogatory 11 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of relevant evidence. -14- 12. State whether you have, during the past three years, made any gift to any person other than your spouse, in cash or in kind, having a value of $500.00 or greater. Answer: Yes. The parties have made many gifts to charities, family members and friends. Detailing these gifts is objected to as annoying, embarrassing, oppressive, and will not lead to the discovery of admissible evidence. -15- 13. Have you filed a financial statement or loan application with any lending or credit institution during the past five years? If so, please name the lending or credit institution, and attach all such financial statements of loan applications to your Answers to the Interrogatories and state the amount, term(s), and purpose(s) of loan. Answer: Yes. Detailing all credit applications is objected to as annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. -16- T 14. List all outstanding debts you are obligated to pay, having a balance in excess of $300.00 for each debt, including unpaid federal, state, and local income and real estate taxes, and which have had an outstanding balance for more than 30 days. Answer. Every month, Mr. Scott pays many obligations in excess of $300.00. Detailing these payments is objected to as annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. -17- 15. a. Are you presently, or have you been during the past year, under the care of a physician, chiropractor, medical practitioner, or therapist, other than for a regular check-up? Answer., The parties' medical conditions presently are not at issue in this case. Plaintiff objects to Interrogatory 15 in that it is annoying, embarrassing, oppressive and will not lead to the discovery of admissible evidence. -18- 16. If your answer is in the affirmative, state the name, address and telephone number of the physician, chiropractor, medical practitioner, or therapist. Answer.• See response to interrogatory 15, above. Plaintiff objects to Interrogatory 16 in that it is annoying, embarrassing, oppressive and will not lead to the discovery of admissible evidence. -19- 17. Do you have any interest in a stamp, coin, wine, toy sports memorabilia, weapon, vintage automobile, or other collection not described in your answer to the preceding Interrogatory? If so, please describe the type of collection. Answer.• The preceding interrogatory does not deaf with collections. Proceeds from the sale of Plaintiff's stamp collection are being disclosed. See documents produced. Plaintiff does not have a coin collection, a wine collection, a toy sports memorabilia collection, a weapon collection or a vintage automobile collection. Plaintiff objects to interrogatory 17 in that the preceding interrogatory addresses health issues, not collections. -20- 18. Have you been involved in any incident in the past five years, from which you could file a claim against another individual or entity, or in the alternative, from which you could be named as a Defendant in such an action: a. Are you now, or have you been at any time in the past five years, a party to any lawsuit or court action in which you have made a claim for monetary damages or been named as a defendant, other than this current divorce action? b. If so, please state: 1) The full names of all parties to the lawsuit; 2) The county and state in which the suit was brought; 3) The number and term of the lawsuit; 4) A brief description of the nature of the claim; 5) The date upon which the injury or claim that is the subject of the lawsuit occurred; and 6) The name and address for counsel for each party to such suit. Answer. No. Plaintiff objects to Interrogatory 18 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, and expensive and will not lead to the discovery of admissible evidence. -21- 19. Do you own or have any interest in any property (real or personal), contract right, patent, chose in action, or expectancy of any kind, including an interest or right titled or held in the name of another, not previously identified in your answers to the preceding interrogatories? Answer. 1. Any property (real or personal): see response to interrogatory 6, above; 2. Contract right: Objection as vague and overly broad. See response to interrogatory 6, above; 3. Patent: none; 4. Chose in action: none presently known; and 5. Expectancy: none presently known. Plaintiff objects to Interrogatory 19 in that it is annoying, embarrassing and oppressive. -22- 20. If so, describe in detail the property, contract right, patent, chose in action, or expectancy, and state: 1. The identity of any person you share such interest with; 2. The date you acquired your interest; 3. The value at acquisition; 4. Present value and how determined. Answer- See response to interrogatory 19, above. -23- 21. State the aggregate amount of your cash on hand or in safekeeping, exclusive of savings and checking accounts in banks or savings institutions, and the location of that cash. Answer.• Plaintiff keeps spending cash on hand of approximately $1,500. Plaintiff objects to Interrogatory 21 in that it is annoying, embarrassing and oppressive. -24- 22. a. Have you engaged in any gambling activities in which you have won or lost a total of $500.00 or more during the past two years? If so, do your tax returns reflect your winnings and/or losses? If so, detail when the winnings took place or the losses occurred. Answer: Yes. See tax returns, previously produced. Have you been the winner of a lottery award in excess of $500.00? If so, detail the amount of the award and its payment provisions. Answer: No. -25- 23. Have you taken any vacations during the past two years, including attendance at meetings, conventions, or seminars, in a city other than that of your residence? Answer: Yes, Plaintiff has taken vacations, and attended meetings, conventions and seminars. Detailing this information is objected to as annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of relevant information. -26- 24. If the answer to the preceding Interrogatory is in the affirmative, state the following: a. Number of vacation(s) or trip(s), and purpose of such vacation(s) or trip(s). b. Location of vacation(s) or trip(s). C. Name of hotel or other place where you stayed. d. Were the expenses paid by cash or charged to a credit card? e. Who paid for your expenses? f. Who accompanied you, and who paid for your companion's expenses? g. Did you rent a vehicle? Cost of vehicle; rental? h. What was your mode of transportation in getting to each vacation site (commercial airline, private airplane, automobile, bus, train, boat, or other)? i. What was the nightly charge for the space you occupied? Answer. See response to interrogatory 23, above. Plaintiff objects to Interrogatory 24 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, and expensive and will not lead to the discovery of admissible evidence. -27- 25. Do you claim that there is property in existence, whether owned individually or with another person, that is your separate property, and not marital property, as defined in the Pennsylvania Divorce Code? If so, for each and every item of such property, state: a. Description of the property; b. Present location and the name and address of person in possession and the basis for such right of possessiion; C. Basis for your contention that it is not marital property; d. What you contend to be the present fair market value of the property and basis of your answer; e. Description and current amount of each lien, pledge, mortgage, other encumbrances, or claim against the property; f. The purchase price and terms of purchase if other than a cash transaction; g. Date of acquisition; h. Method of acquisition including the source of funds used to purchase the property; i. The name, address, and relationship to you, if any, of all owners of record of the property. -28- is your ownership interest in that asset recorded in any public record document? If so, please provide full information relative to recordation. Answer. All wages after the date of separation, April 25, 2004; Merrill Lynch Account #872-56382; all increase in value of Plaintiffs Forklifts, Inc. 401(k) account since the date of separation, any tangible or intangible item purchased with funds from Account #872-56382 or post-separation wages, stock received in M & T account #0155870009 for sitting on the Board of Directors of M & 7- Bank, any pre- and post- separation gifts and inheritances. -29- 26. Please describe all real estate in which you have a legal or equitable interest, including through corporate or partnership ownership. Answer: See property list, attached. -30- 27. For the above listed real estate, please submit the following: 1. In whose name(s) is the property titled? 2. Is the property owned in fee simple, entities, tenancy-in-common, condominium, cooperative, life estate, ground rent, etc.? 3. The full street address, and post office; box number (if applicable) including city and county in which the property is situate. 4. The approximate size of the tract or parcel of land. 5. Description of structure(s) situate on the real estate. Answer.• See property list, attached, documents provided with accompanying letter, and enclosed appraisals for Lancaster and Mechanicsburg properties. -31- 28. Please indicate when the real estate was purchased and the cost at acquisition. Answer: See real estate appraisals, purchase documents, documents provided with accompanying letter, and enclosed appraisals for Lancaster and Mechanicsburg properties. -32- 29. Name and address of financing entity or person at the time of purchase and the name and address of the current financing entity. Answer: See documents provided with accompanying letter. Plaintiff objects to Interrogatory 29 in that it is annoying, embarrassing, oppressive, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. -33- 26. (sic) The monthly amount of the mortgage. Are the monthly mortgage payments current? Answer.• See answers in accompanying letter and its enclosed documents. -34- 27. [sic] The current mortgage or financing balance. Answer: See answers in accompanying letter and enclosed documents. -35- 28. [sic] The current assessment of the taxing authority for each of these real estate properties. Answer: Attached please find a copy of the assessment for Michael Scott's home. Plaintiff does not have any other tax assessment records, which are available to the public. -36- 29. [sic] With regard to any rental properties: a. List the names of the tenants. b. Describe the premises. C. Indicate the monthly rental income charged, d. Indicate the amount of security deposit being held by you for each tenant. Answer.• See answers in accompanying letter and enclosed documents. -37- 30. [sic] Please indicate the name of the insurance carrier providing fire and extended coverage on the premises. Answer.• Plaintiff objects to Interrogatory 30 [sic] in that it is annoying, embarrassing, oppressive, unduly burdensome, overbroad, expensive and will not lead to the discovery of admissible evidence. -38- 31. Please state the gross and net total annual income for the past calendar year realized for each parcel of real estate. Answer., See Stratford Properties LLP and the Scotts' individual tax returns, previously produced. -39- 32. (sic) Please describe all sales of real estate in which you had any interest, which occurred during the past three years. Answer. None. -40- 33. [sic] Have any of the properties described here been appraised? If so, please indicate which properties, and provide the following: a. Date of appraisal. b. Name and address of appraiser. Answer: See appraisals enclosed for Lancaster and Mechanicsburg properties. -41- 34. [sic] Have any credit applications for the financing of purchases of any of these properties been made? Answer: Not by Mr. Scott. -42- 35. [sic] Are all financial payments current? Answer. Yes. McNEES WALLACE & NURICK LLC By James P. DeAngelo I.D. # 6237'7 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: &*" I l / 200y -43- VERIFICATION I, Ronnie L. Scott, the within named Plaintiff, do verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. onnie L. Scott r CERTIFICATE OF SERVICE: The undersigned hereby certifies that on the 19th day of November 2004, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Cara A. Boyanowski, Esq. Daley Zucker & Gingrich, LLC; 1029 Scenery Drive Harrisburg, PA 17109 Pamela L. Purdy Of Counsel for Plaintiff .11 RONNIE L. SCOTT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2909 CIVIL TERM BARBARA SCOTT, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE PLAINTIFF'S RESPONSES TO DEFENDANT'S REQUEST FOR PRODUCTION OF PERSONAL DOCUMENTS RELATED TO EQUITABLE DISTRIBUTION GENERAL RESPONSES AND OBJECTIONS Plaintiff objects to the instructions and definitions of Defendant's Request for Production of Personal Documents Related to Equitable Distribution in that the instructions and definitions impose requirements or request information beyond that contained in or permitted by the Pennsylvania Rules of Civil Procedure. Plaintiff will respond in accordance with the Pennsylvania Rules of Civil Procedure, not in accordance with the instructions and definitions. REQUESTS FOR PRODUCTION 1. All financial statements prepared by you or on your behalf for the past 12 months, including, but not limited to, the 1999/1998 and 1998/1997 financial statements for Forklifts, Inc. Answer: Plaintiff provided audited financial statements for 1999-2003 by letter dated August 6, 2004, and for 1998/1999 through Plaintiffs accountant. 2. All statements, including canceled checks, check registers or stubs, and deposit slips issued by any bank, savings institution, or other financial institution from a date six months prior to your date of separation, through the present. Answer.- Attached please find date-of-separation and current account statements for the following accounts: Merrill account #872-42596; Merrill account #872-50292; Merrill account #872-46273; Merrill account #872-56228; M & T account #2679074761 (date of separation only); Raymond James account #470958657; John Hancock account #170-5105795; John Hancock account #183-5105796; M & T account #0155870009; Emerald Advantage Fund LLP #90; CNL REIT Fund #121355345003445; M & T Portfolio Arch account #191003989. The balance in the M & T account #2679074761 was $42,896.30 as of September 16, 2004. Plaintiff objects in that Request 2 is annoying, embarrassing, oppressive, unduly burdensome, overbroad, and expensive and will not lead to the discovery of admissible evidence. 3. All loan applications and loan documents pertaining to any sums of money borrowed or to be borrowed by you, individually or jointly with any other person, or as guarantor from a date one year prior to your date of separation. Answer: See mortgage for Williamsport property, produced with accompanying letter. 4. All brokerage statements pertaining to any accounts in which you individually, or with others, had any interest form two years prior to your date of separation. Answer: See Plaintiffs response to Request 2, above. 5. All securities, including tax-free bonds and funds, in which you individually, or jointly with any other person, had any interest as of your date of separation. -2- Answer: See Plaintiffs response to Request 2, above. Plaintiff objects to interrogatory 5, in that Defendant is asking for something that cannot be produced. 6. All stock certificates, not in-house accounts, in which you individually or jointly with any other person, had any interest as of your date of separation. Answer: See Forklifts, Inc. Stock Ledger, produced with accompanying letter. Plaintiff objects to Request 6 in that Defendant is asking for something that cannot be produced. 7. All mutual fund statements received by you from the date of separation. Answer: See Plaintiffs response to Request 2, above. 8. All treasury notes, treasury bills, U.S. Savings Bonds, corporate bonds, and municipal bonds, presently owned or in which you, individually or jointly with any other person, had any interest as of your date of separation. Answer: See Plaintiffs response to Request 2, above. 9. All savings certificates or certificates of deposit, or other depository receipts presently owned or in which you had any interest in your date of separation. Answer.• See Plaintiffs response to Request 2, above. 10. All documents including, but not limited to, any individual retirement account, pension or profit sharing plan, savings plan, Keogh, 401(k) Plan, annuity benefits, retirement plan, stock bonus plan, stock option plan, thrift plan (excluding social security benefits), with your present employer, or any previous employer, or regarding any other retirement benefits in which you, individually or with others have or had any interest with benefits still due, including the summary plan description, and -3- other such information regarding the terms of the retirement plan, as well as annual statements for the past two years, including the statement closest to the date of marriage and the statements immediately preceding and immediately following the date of separation. Answer.• See Forklifts Inc. 401(k) statements produced with accompanying letter. Plaintiff objects to Request 10 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. a. All written beneficiary designations executed by you during the past five years. Answer: None. b. A statement as to whether there have been any withdrawals, including loans made from the account during the past five years. If so, provide documentation of the date, amount, and repayments (if any) during the past five years. Answer.- None. C. All I.R.A. Statements for the past five years. Answer: None. 11. All financial statements or documents referring to any deferred compensation plan, to which you were entitled by reason of any present or past employment. Answer.- None, except 401(k). -4- 12. All monthly credit card statements and other charge account statements (MasterCard, Visa, American Express, Discover, department stores, oil and gas companies, etc.), and supporting information, the accounts of which are in your name individually or jointly with any other person, for the past 12-month period prior to your separation up to the present. Answer., Defendant has access to all joint statements. Plaintiff objects to Request 12 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. 13. Documentation verifying the sale by you of any asset having a value in excess of $500.00 from two years prior to your date of separation. Answer: See stamp collection information produced with accompanying letter. Plaintiff objects to Request 13 in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. 14. a. The lease or deed for the premises where you are presently residing. Answer.• Plaintiff objects to Request 14(a) in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. b. Copies of all written appraisals performed on the premises during the past five years. -5- Answer. Plaintiff objects to Request 14(b) in that it is annoying, embarrassing, oppressive, overbroad, unduly burdensome, expensive and will not lead to the discovery of admissible evidence. 15. If you have been involved in litigation as a Plaintiff in the past five years, a copy of the Complaint and a copy of any written correspondence or other documentation memorializing any settlement offers made by or on your behalf. Answer None. 16. If you have been involved in litigation as a Defendant in the past five years, a copy of the Complaint and a copy of any written correspondence or other documentation memorializing any settlement demands made by you or on your behalf. Answer.• None. 17. All mortgages and mortgage notes and/or bonds relating to any real estate that you presently own and current statements showing balances on such obligations. Answer. See attached mortgage owned by both parties on Michael Scott's home and information and documents produced with accompanying letter. 18. All documents relating to the purchase of a motor vehicle presently owned by you, or in which you had an interest during the past two years, including a copy of the title to the vehicle. Answer: See title to 2002 Jeep Cherokee, owned by both parties, produced September 1, 2004. -6- 19. All life insurance and annuity policies in which you have any interest as an owner, insured, or beneficiary, including any change or beneficiary forms executed by you within the last five years. Answer. See Mutual Life Insurance Policy #1334-56-02R produced September 3, 2004, and Southland Life Insurance Policy AE06 000 9535 produced September 8, 2004, both of which are owned by the irrevocable trust dated November 4, 1993. 20. All appraisals of real estate or personalty performed in the past five years. Answer.- See real estate appraisals for Mechanicsburg and Lancaster properties, produced with accompanying letter. McNEES WALLACE & NURICK LLC By--' James P. DeAngelo I.D. # 6237'7 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: NOUO?Xv Ip l/ -7- VERIFICATION I, Ronnie L. Scott, the within named Plaintiff, do verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. v R nnie L. Scott CERTIFICATE OF SERVICE? The undersigned hereby certifies that on the 19th day of November 2004, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Cara A. Boyanowski, Esq. Daley Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 pj??44 POJ*"- Pamela L. Purdy Of Counsel for Plaintiff -1 A L,<h, b.,+ N JAMES SMETI 1 FMCK & CONNELLY LLP Susan M. Kadel Email: smk aj sdc_gRm FAX 717.533.7771 January 11, 2005 P.O. BOX 650 HEFRSHEY, PA 17033 VIA FACSIMILE & U.S. MAIL %WV 14 ZgS A,D,ass 134 SIPE AVENUE Pamela L. Purdy, Esquire HUMMELUTOWN, PA 1703 James P. DeAngelo, Esquire TEL 717 533 3280 McNees Wallace & Nurick WWW JSDC COM 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Re: Ronnie L. Scott v. Barbara A. Scott No. 04-2909; Cumberland County Dear Counsel: GARY L. JAMES MAX J. SMITH, JR. I am writing to follow-up with our telephone conversation of January 10 2005. I have been JOHN J. CONNELLY, JR. SCOPT A DIETPERICK , advised by Attorney Boyanowski's office that it should be approximately one week until we JAMES F. SPADE MATTHEW CHADAL, ni receive her file. Toward the goal of reviewing the information in an expeditious manner I GREGORY K. RICHARDS S M K , would ask that you immediately forward a Confidentialit A reement to us so that it ma b USAN . ADEL JAPAN W HANDELMAN y g y e y in place when the file is received. If you prefer, you may certainly e-mail the document to DONNA M. MuwN EDWARD P. SEEDER me at s>?jsdc com NEIL W. YARN . . COURTNEY L. KAHEL KIMBERLY A. DEWRT With regard to the Rule to Show Cause, which I have not yet seen, I understand from our OF COUNSEL MANLEY LEAS 8 conversation that a 20 day Rule was signed by the Judge on January 10, 2005. We are KOCHALSq, LLC COLUMBUS, OH willing to grant an extension of time to respond to the Rule for 20 days from the date which BERNARD A_ RYAN, JR_ we give notice of the same. Accordingly, until you receive notice from us, your response HEHSHEY, PA will not be required for an additional 20 days. This will give us time to review the documentation you have requested and determine what additional information is required. If you have any questions or concerns regarding any of these matters, please feel free to contact me. I look forward to hearing from you. Sincerely Susan M. Kadel SMK/mbl cc: Barbara A. Scott LD' I F?ll LLI Al FI A TF IF OAI ? M ???N McNees Wallace & Nurick LLC attorneys at law July 8, 2004 VIA FAX - 657-4996 Cara A. Boyanowski, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Re: Ronnie L. Scott v. Barbara Scott No. 04-2909 Dear Ms. Boyanowski: FILE COPY PAMELA L. PURDY DIRECT DIAL: (717) 237-5479 E-MAIL ADDRESS: PPURDY@MWN.COM We are in receipt of your faxed letter from this afternoon. At this point, we are not willing to postpone or cancel the July 13, 2004 hearing. There are a number of issues that the parties need to address either by agreement or by presenting the issues to the Court. If we are unable to come to an agreement regarding the issues set forth in your Petition for Special Relief and our Answer and New Matter prior to the hearing on Tuesday, we expect to ask Judge Oler to address those issues. We have enclosed proposed copies of a Stipulation and Interim Agreement, and a Confidentiality Agreement. The terms set forth in the Stipulation and Interim Agreement are for your consideration. If the parties can agree on a mutually acceptable stipulation, Mr. Scott will be available to execute the document prior to the hearing. In addition, we have enclosed a marital assets list that currently is only for the purpose of our settlement discussion. A number of the values of the assets are estimates provided by Mr. Scott based on his personal knowledge. Some of the valuation dates vary due to the different dates of the account statements. Also, the estimates on the real estate and personal property are subject to appraisal in the future. The enclosed marital asset list does not include the two checking accounts and two savings accounts held by Mrs. Scott with M & T Bank. Please provide us with information on those accounts and any other accounts that are not included on the enclosed list. As we stated in our previous letter today, Mr. Scott is unwilling to give Mrs. Scott any more cash payments without an agreement between the parties as to the amount and the characterization of those payments. We are aware that the Stipulation and Interim Agreement addresses issues broader than those that will be addressed at the hearing. If P.O. Box 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEC 717.232.8000 • FAX: 717,237.5300 - WWW.MWWCOM HAZLETON, PA • STATE COLLEGE, PA • COLUMBUS, OH • WASHINGTON, DC Cara A. Boyanowski, Esquire July 8, 2004 Page 2 we are unable to resolve at least those particular issues that will be the subject of the hearing, we expect to proceed to the hearing on Tuesday. We believe will be in both of the parties' best interests for us to proceed with our conference call at 2:45 p.m. tomorrow. We look forward to talking with you then. Very truly yours, McNEES WALLACE & NURICK LLC B Q 0A Y Pamela L. Purdy Pill- PLP/hs c: Mr. Ronnie L. Scott r- 0 U J W z z 0 Of F w W I .- U. Q w J a w Q U) W Q F U Q wW N a O o 0 0 o v o v o 0 0 0 0 1n o o o 0 o o 0 o o o o 0 0 0 o o(go??oooo =0000=0000000 r- O O O 0 1n N O O 6 O W 6 0 0 0 0 0 0 0 0 0 0 0 0 M N O o O V o (0 M OO o o 0) O O O O O 0000 O O O C Lq O OO R C!,--V OONO n V 00000000000m N 0 0 w O V' V O) U( N O It aD 0 0 0 0 r O O O 0 C 0? 0 0D t- V N V O 00 ? 1n V In O (D O It o co O N 0 0 O) 0) N (D r 00 .- N CO N L V (a (A 69 NA (A fH 69 (a EA fn 60 (N (A V. (fl Hi w (A (A (H co (n (n (!d 09. (A (A to (A O O) O V' N O ?T M V 00000 r- M O O O O- 000 0000 o v Or-(00 (010 0000 v WOOOOMC)OOOOOO r- o r'o r-- uioooo 00 riooooo0000000 M N O (O w O d' N N f 7 0 0 0 0 (3) O O O O O O O O O O O O) In O V M O W M - 'Q 0 000 r 000 000 0000 0 00 LO cl? f? 10 t- ? It N 7 O - m 0OD N U? 't N ?V - CD .. 100 O M O V O M O N0 O O O N N (D V .- r N - N M - - N.-- r V (» (n (n(» ea(»(» e»<»co en ea U» V)(» (» fn(A(n to(f?(!i(A 61) U3,(9 (A (»(A _ m M o O C7 (NO O M ? W CC) 0 LO to N Z Z Q y rn LO N W p j m v It ((O LL zai () N .-. C F O N a' 0) H X d W F O U Q O (n J O Cl) \0 0 W 0 W F. F LL (n .? 0 00 to -'r LO co 0) - d^ U U o.<? N N N 0 0 N 00 N NO a g 0) Q Q Q a U) O C ^ 11) J M O~ d ^ U z . co a, 00 m O ?N M aDW M r 00 LL, LLM7LW m W 04 N f- N 1 1 (0 W WUW W~ ? W N 'Q N N z v W OMI1noF-0000 U' MUD ?pKZY O?otS? (n r-r-t-OUaQQ?F"NQLL d a0MZ0 O W W LL xkv xtatxi?-a W YYLOzxt00 O 0W0 W LL> ¢(Vi>>? LO a- w Y U N U U U U U 0< U U o 0 Z J a d a J a Z m?? z O F 0 aoaaaa?ozz?oLL ?QWP LLam??? C/) 1 Y J_ N J_J_ JJ OJO=SUJ w O OQ OLL (~wOUz F. 2??S=W 0 ZZaZ W L) U) 0 J a 0 33ZY K =SH W a z = JH w ?wwwwat?s OOxfgofgfF OH=gO=FPa(=OW W WOO o OD o rn 0 o n o IT CT m 0 0 o CO vg? o m O N o r o °D o ao 0 0 o co n vi GPI H Ld ~ W N W K U Q Z U D W ? J J co U H Z U - J a 0 0 A. n. 6UPPLYI-' I[T I.FI?r IJLi._LI I Ii. x?;brT T ' MWN McNees Wallace & Nurick LLC attorneys at law FILE COPY PAMELA L. PURDY DIRECT DIAL: (717) 237-5479 E-MAIL ADDRESS: PPURDY@MWN.COM November 1, 2004 VIA FACSIMILE AND U.S. MAIL Cara A. Boyanowski, Esq. Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Re: Ronnie L. Scott v. Barbara Scott Dear Cara: This letter is in response to your letter dated October 28, 2004. We do not agree with your statement that "[t]o date, we have not received any documents from your client substantiating any of the value he set forth in July 2004, even though we have requested same on several occasions." A quick review of our file revealed that you have received the following documents: • On July 8, 2004, we provided a marital assets list; • On July 29, 2004, we provided a copy of Forklift:, Inc.'s federal and state income tax returns for 1999 through 2003; • On August 6, 2004, we provided a copy of Forklifts, Inc.'s audited financial statements for 2000 through 2003; • On September 1, 2004, we provided a copy of the title to the Jeep, a copy of the title to the Tour Master, and AKC registrations for various poodles; • On September 1, 2004, we provided information from Don Healey on the insurance trusts; • On September 3, 2004, we provided a copy of the Capital American Life Insurance Company cancer coverage policy; • On September 3, 2004, we provided a copy of the Mutual Life Insurance Company of New York insurance policy related to the life insurance trust; • On September 8, 2004, we provided a copy of the Southland Life Insurance Company policy. P.O. BOX 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM HAZLETON, PA • STATE COLLEGE, PA • COLUMBUS, OH • WASHINGTON, DC Cara A. Boyanowski, Esq. November 1, 2004 Page 2 Within the last week, Mr. Stewart provided Beard Miller with copies of the 1998 and 1999 audited financial statements for Forklifts, Inc. Further, we reached an agreement whereby Beard Miller is directly communicating with Mr. Stewart. We have agreed to work with our client to gather and produce additional information on an informal, organized basis. We continue to gather information in good faith and are providing it to you as it becomes available. This is a time consuming effort. For example, within the next week, we expect to have appraisals on two of the real estate parcels. While we are in the midst of this effort to gather and produce information, we are receiving from you accusatory letters and formal discovery requests. In a measured response, we proposed that you grant us an open-ended period to respond or object to your client's formal discovery, provided that if you asked us to respond, we would have 30 days from that request. That was a most reasonable request. In your latest letter, you have refused that request, which leaves us faced with the task of responding and objecting to the formal discovery. It was our understanding that we were going to proceed forward with an informal discovery process. If your client intends to proceed with formal discovery requests, we will prepare answers and objections to those requests within the next 30 days. However, this effort will distract time and resources that could be better spent on the informal effort to gather and exchange information. Please let us know in the next two days whether you are willing to grant the extension as proposed above or are demanding formal responses and objections. Very truly yours, McNEES WALLACE & NURICK LLC By ,?, - P", fmel i L. Pur y PLP/jlp c: Mr. Ronnie L. Scott James P. DeAngelo, Esq. Michael G. Jarman, Esq. Ell I am lll.a, ea12111,m EDI I dZG DALEY, ZUCKER & GINGRICH, LLC ATTORNEYS AT LAW November 2, 2004 Pamela L. Purdy, Esquire McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 RE: Scott v. Scott Dear Pam: resgmed Please gather and assimilate all documents necessary to answer my Request for Production of Documents and my Interrogatories. Thank you for your kind attention. Sincerely yours, DALEY ZUCKER & GINGRICH, LLC AaraA S Nsquireqk' CAB/cb cc: Barbara A. Scott 1029 SCENERY DRIVE. HARRISBURG. PA 17109 . TEL 717.65?.4795 . FAX: 717,657 4996 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 19th day of December 2005, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: John J. Connelly, Esq. James Smith Dietterick & Connelly PC 134 Sipe Road Hummelstown, PA 17036 Pamela L. Purdy Of Counsel for Plaintiff ?? C? « Q m <: ? ? .? _ C ti T T . ("? Pi T ? ? l - - ( 7 ,y. 1'• "O --?' r?t? ? ;_ C !.? ' CJ 1 i. 2`a r? =c John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant/Petitioner RONNIE L. SCOTT, Plaintiff/Respondent, V. BARBARA SCOTT, Defendant/Petitioner IN THE COURT OF COMN CUMBERLAND COUNTY, NO. 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Barbara Scott, by and through her Connelly, Jr., Esquire of James, Smith, Dietterick & Connelly, LLP and files follows: PLEAS 1NSYLVANIA John J. Petition as Petitioner is Barbara A. Scott, Defendant in the above-captioned divorce action. 2. Respondent is Ronnie L. Scott, Plaintiff in the above-captioned 3. Petitioner/Respondent are husband and wife, having been 1964. The parties separated on April 25, 2004 when Respondent left the June 23, 2004, Respondent filed a Complaint in Divorce to the number. The Complaint in Divorce also included a count for equitable 4. At the time of the parties' separation, Respondent left the Petitioner was out of town. He unilaterally made decisions with regard to what action. on October 10, residence. On term and home while he would remove without obtaining Petitioner's consent. 5. At the time of the separation in April 2004, Respondent removed! a 43' 1999 Gulf Stream Motor Home as well as a 2002 Jeep Liberty. He left the 1999 Chevrolet'IAstro Minivan with Petitioner. 6. Currently, the 2002 Jeep Liberty has approximately 8,000 miles on it and the 1999 Chevrolet Astro Minivan has approximately 50,000 miles on it. 7. At the present time, Respondent has in his possession four vehic*s; the 2002 Jeep Liberty, the Gulf Stream Motor Home, a Lincoln Sedan which is his company v?hicle and a Jaguar Sedan. 8. Petitioner has repeatedly asked Respondent if the Jeep could be returned to her to provide her with safe and reliable transportation during the winter months. Respondent's Astro Minivan has had numerous mechanical problems and has required a substantial outlay of money over the past year to keep the vehicle in running condition. The minivan does not operate well in snow. Although Respondent has four vehicles within his control, he has refused to permit Petitioner to utilize the Jeep despite repeated requests. 9. Accordingly, Petitioner is requesting that the Court direct that the 2002 Jeep Liberty be transferred to her in good condition for her use during the pendency f the divorce action. 10. Petitioner has had to incur legal fees to proceed with this Petition and it is submitted that Respondent's conduct has been unreasonable and solely for the purpose of harassment. Accordingly, it is requested that Petitioner's legal fees incurred in filing this Petition be reimbursed by Respondent. 2 WHEREFORE, it is respectfully requested that the Court grant Petitioneq Barbara Scott's Petition for Special Relief and direct that the 2002 Jeep Liberty be transferred to her in good condition for her use during the pendency of the divorce action and that counsel fees be awarded. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY,LLP Dated: ?6 ( + By: ?/11 John J. Connelly, Jr. Attorn I.D. # 5615 P.O. Box-t50 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Petitioner, Barbara A. Scott 3 VERIFICATION I, Barbara A. Scott, verify that the statements made in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties Of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date:-/(o Gtr Scott RONNIE L. SCOTT, Plaintiff/Respondent, v. IN THE COURT OF COMlt CUMBERLAND COUNTY, NO. 04-2909 CIVIL TERM BARBARA SCOTT, : CIVIL ACTION - LAW Defendant/Petitioner : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & C, Defendant, Barbara A. Scott, hereby certify that I have served a copy of the Relief on the following on the date and in the manner indicated below: U.S. MAIL FIRST CLASS, PRE-PAID Pamela L. Purdy, Esquire McNees Wallace & Nurick P.O. Box 1166 Harrisburg, PA 17108-1166 Dated: '-1 ?'0 (P By: JAMES, SMITH, DIETTERICK & CONNELLY,LLP John',J• Connelly, Jr. AttoYney T D. #15615 P.O. Box 65 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Petitioner, Barbara A. Scott PLEAS NSYLVANIA attorney for the for Special ?, ., ?` ,: RONNIE L. SCOTT, Plaintiff V. BARBARA SCOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Ronnie L. Scott, Plaintiff, moves the Court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The Defendant has appeared in the action by her attorney, John J. Connelly, Jr., Esquire and Susan M. Kadel, Esquire. 3. The statutory ground(s) for divorce are: 3301(c) or (d). 4. Delete the inapplicable paragraph(s): (a) The aGtiGR is not Gentested-. fact. (b) An agreement has been reached with respect to the following claims: None (c) The action is contested with respect to the following claims: alimony, distribution of property, counsel fees costs and expenses 5. The action X involves -does not involve complex issues of law or 6. The hearing is expected to take _ hours 3 days. 7. Additional information, if any, relevant to the motion: Date: o)O 2006 McNEES WAL CE & NURICK LLC By ames P. DeAngelo (I.D. 62377) Pamela L. Purdy (I.D. 85783) 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff ORDER APPOINTING MASTER And now, 2006, appointed master with respect to the following claims: BY THE COURT: Esquire is J. CERTIFICATE OF SERVICE The undersigned hereby certifies that on the Q ()_ day of January 2006, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: John J. Connelly, Esq. James Smith Dietterick & Connelly PC 134 Sipe Road Hummelstown, PA 17036 Z Pamela L. Purdy Of Counsel for Plaintiff S '? ._? ?S ?i t -. r .' ._ ?. ?} RONNIE L. SCOTT, BARBARA SCOTT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. Defendant NO. 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND NOW comes Plaintiff Ronnie L. Scott, by and through his attorneys McNees Wallace & Nurick LLC and files his Petition for Interim Partial Distribution of Marital Property Pursuant to 23 Pa.C.S. § 3502(f), and in support thereof, avers as follows: 1. Plaintiff is Ronnie L. Scott ("Husband"), an adult individual who currently resides at 345 Mount Zion Road, Dillsburg, York County, Pennsylvania. 2. Defendant is Barbara Scott ("Wife"), an adult individual who currently resides at 8 Teal Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Husband filed a Complaint in Divorce to the above caption on June 23, 2004. 4. On June 29, 2004, Wife filed a Petition for Special Relief in the Form of an Injunction Preventing Removal, Disposition, Encumbering or Alienation of Property Under Section 3505 of the Divorce Code and Pa R.C.P. 1920.43(a). 5. Upon receipt of the Petition, this Court entered an Order enjoining both parties from disposing or transferring marital property absent a written agreement of the parties. 6. On July 2, 2004, after a conference call with counsel for both parties, this Court entered a second Order modifying the June 29, 2004 Order to allow for Husband to continue to manage the parties' assets. 7. This Court scheduled a hearing on Wife's Petition for Special Relief for June 13, 2004, after which this Court entered a consent Order that affirmed the June 29, 2004 and July 2, 2004 Orders and modified them to allow for an interim property distribution of $250,000 to each party as an advance on equitable distribution. 8. Since that time, no further interim distribution has been made. 9. The total marital estate is in excess of $15,000,000. The parties have in excess of $6,800,000 in liquid assets that are currently frozen. 10. Husband anticipates listing the case for a master's hearing, but anticipates the case may be litigated for some time. 11. At this time, Husband desires to make a number of personal investments, but he does not have access to funds to be able to do so. 12. Husband believes that the most logical distribution would be from the parties' joint Merrill Lynch account number ending 4596, which contains in excess of $5,000,000. 13. Husband believes Wife would equally benefit from an interim distribution because it would allow her access to additional assets. 14. Distributing $1,000,000 to each party at this time will not harm either party. Rather, it will provide each party with additional resources. -2- 15. Said funds could be transferred to the parties' separate Merrill Lynch accounts that were created to hold the funds from the first interim partial distribution. Said transfer would be without tax consequences to either party. 16. This Court may enter an order providing for an interim partial distribution pursuant to 23 Pa.C.S. § 3502(f). WHEREFORE, Plaintiff Ronnie M. Scott respectfully requests that this Court enter an order providing for an interim partial distribution from the parties' joint Merrill Lynch account number ending 2596 in the amount of $1,000,000 to each party. Respectfully Submitted, McNEES WALLACE & NURICK LLC ames P. DeAngelo (I.D. 62377) (Pamela L. Purdy (I.D. 85783) 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: / L c' f or -3- VERIFICATION I verify that the statements made in this Plaintiffs Petition for Interim Partial Distribution of Marital Property Pursuant to 23 Pa.C.S. § 3502(f) 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. ?l Ro ni L. Scott Dated: 112 0/0 b -3- CERTIFICATE OF SERVICE The undersigned hereby certifies that on the day of January 2006, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: John J. Connelly, Esq. James Smith Dietterick & Connelly PC 134 Sipe Road Hummelstown, PA 17036 patih i, 00---v Pamela L. Purdy Of Counsel for Plaintiff ?) -..{ (_? ?? RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-2909 CIVIL TERM BARBARA SCOTT, CIVIL ACTION - LAW Defendant IN DIVORCE INVENTORY OF PLAINTIFF. RONNIE L. SCOTT, PURSUANT TO Pa. R.C.P. 1920.33(a) Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. &r Ronnie L. Scott, Plaintiff Date: November-2995 ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. X) 1 Real property X) 2 Motor vehicles X) 3 Stocks, bonds, securities and options 4 Certificates of deposit X) 5 Checking accounts, cash X) 6 Savings accounts, money market and savings certificates 7 Contents of safe deposit boxes X) 8 Trusts 9 Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10 Annuities ( ) 11 Gifts ( ) 12 Inheritances ( ) 13 Patents, copyrights, inventions, royalties ( X) 14 Personal property outside the home ( X) 15 Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16 Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17 Profit sharing plans ( X) 18 Pension plans (indicate employee contribution and date plan vests) ( X) 19 Retirement plans, Individual Retirement Accounts ( ) 20 Disability payments ( ) 21 Litigation claims (matured and unmatured) ( ) 22 Military/V.A. benefits ( ) 23 Education benefits ( X) 24 Debts due, including loans, mortgages held ( X) 25 Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( X) 26 Other (Life Insurance Trust) MARITAL PROPERTY LIST Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest, individually or with any other person, as of the date this action was commenced. Item No. Description of Property of All Owners 1 Stock In Forklifts Inc. Husband 2 Merrill Account # ending 2596 Joint Husband and Wife 3 Merrill Account # ending 0292 Joint Husband and Wife 4 Merrill Account # ending 5428 BAS Wife 5 Merrill Account # ending 6273 (RLS with son) Husband and Michael Scott 6 Merrill Account # ending 6228 Husband 7 M & T R.L. Scott Acct # ending 4761 Husband 8 Ra mond James Account # ending 5857 Husband 9 John Hancock Account # ending 5795 Husband 10 John Hancock Account # ending 5796 Husband 11 M & T Account # ending 0009 marital portion) Husband 12 Emerald Advantage Fund LLP #90 (now in Merrill Lynch account # ending 2596 Husband 13 CNL REIT Fund # ending 3445 (now US Rest. Prop. Preferred stock Husband 14 M & T Portfolio Architect # ending 3989 Husband 15 Lancaster Property and Wife 16 Marital Home Husband and Wife 17 Stratford Properties, LLP (marital interest is 2/3 of total; other 1/3 owned b Michael Scott). Husband and Wife 18 Remaining unsold stamps; approximate value $25,000 Husband and Wife 19 Forklifts, Inc. 401K plan (marital portion) Husband 20 Gulf Stream RV Husband and Wife 21 Coachman RV Wife 22 Barbara Scott Jewel Husband and Wife 23 Ron Scott Jewel Husband and Wife 24 Furniture and household items in house and kennel Husband and Wife 25 Yorkshire Terriers Husband and Wife 26 Poodles Husband and Wife 27 Collectibles and Art Husband and Wife 28 2002 Jeep Husband and Wife 29 Chevrolet Truck Husband and Wife 30 M & T Bank Account # ending 6711 Husband and Wife 31 M & T Bank Account # ending 6014 Husband and Wife 32 M & T Bank Account # ending 9378 Wife 33 Mortgage on Michael Scott's Home Husband and Wife 34 Irrevocable Trust dated November 4, 1993 Husband and Wife NON-MARITAL PROPERTY OF WIFE Plaintiff lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property Item No. Description of Property of All Owners 1 Vartan Bank Acct # ending 9837 Wife 2 Merrill Lynch Account # ending 6381 Wife NON-MARITAL PROPERTY OF HUSBAND Plaintiff lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property Item No. Description of Property of All Owners 1 Merrill Lynch Account # ending 6382 Husband 2 Forklifts, Inc. 401(k) Ian nonmarital portion) Husband 3 M & T Account # ending 0009 nonmarital portion) Husband PROPERTY TRANSFERRED Item No. Description of Property Date of Transfer Consideration Person to Whom Transferred 1 Cash 7/21/2004 b court order Wife 2 Cash 7/21/2004 b court order Husband 3 Part of Stamp Collection various Cash - now in marital property Items 6, 8 and 12 + $25,000 retained by Husband marital accounts/ Husband 4 Portion of M&T Bank Account # ending 3671 4/25/2004 none Wife LIABILITIES Item No. Description of Liability Names of all Creditors Names of Debtors none CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 2c-,day of January 2006, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: John J. Connelly, Esq. James Smith Dietterick & Connelly PC 134 Sipe Road Hummelstown, PA 17036 Pamela L. Purdy Of Counsel for Plaintiff f ? i 1 1 __ C,J (..; ?,} ?? RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW BARBARA SCOTT, Defendant NO. 04-2909 CIVIL TERM ORDER OF COURT AND NOW, this 23`d day of January, 2006, upon consideration of the attached letter from John J. Connelly, Jr., Esq., attorney for Defendant, a discovery conference/hearing is scheduled in chambers of the undersigned judge for Tuesday, February 14, 2006, at 9:30 a.m. BY THE COURT, ,,f/ames P. DeAngelo, Esq. Pamela L. Purdy, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Plaintiff ?khn J. Connelly, Jr., Esq. Susan M. Kadel, Esq. P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant rc ,11,1K, i 2,?f J esley Ole Jr., J. w I ?l :rte 4 lAMl;; SMIn-1 DIETIERICK & CONNE.LLY LLP John J. Connelly, Jr. jic a sdc.Corn FAX 717.533.7771 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 January 9, 2006 Re: Ronnie L. Scott v. Barbara A. Scott Docket No. 04-2909; In Divorce Dear Judge Oler: As you may recall, you previously instructed counsel in this case to request a hearing in the above-captioned matter concerning discovery by directing correspondence to your chambers. Accordingly, I am requesting that a discovery conference with counsel or a hearing be scheduled at your earliest convenience so that we can address the outstanding discovery issues. On November 17, 2005, 1 filed a Notice upon the Plaintiff to comply with the Rule Returnable previously issued by you on January 2, 2005. The Rule directed Plaintiff to show cause, if any, why the relief requested in Defendant's Petition to Compel more complete answers to the Request for Production of Documents and Interrogatories should not be granted. On or about December 17, 2005, Plaintiff filed a response to the Petition to Compel, however, additional responses to the discovery were not provided. Accordingly, we believe that a conference with counsel or a hearing is necessary in order to resolve the outstanding discovery issues and move toward a prompt resolution of this case. JJC/mbl cc: James P. DeAngelo, Esquire Barbara A. Scott Very truly yours L John J-J."Connelly, Jr. P.O. BOX 650 HFRBHFY, PA 17033 IT . JFrL.I 111,1`1 ;1, 11L I 'A I' 1I I.I. ?Irs a, 110 „Ww 11 "I'll GARY L JAMES MAX J. SMITH. JR. JOHN J. CONNELLY, JR. Soon A. De EFiCl JAMES E SPADE MATTHEW CHABAL, III GREGORY K. RICHARD$ SUSAN M. KADEL JARAD W. HANDN MAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YARN COURTNEY L KISHEL KIMBERLY A. DEWITT OF COUNSEL: BERNARD A. RYAN, JR. HERSHEY, PA 0 ?C06 RONNIE L. SCOTT, Plaintiff/Respondent, V. BARBARA SCOTT, Defendant/Petitioner 1,4 y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 13?1 day of J ,?2:2 , 2006, upon consideration of the foregoing Petition for Special Relief, a Rule is hereby entered against the Respondent/Plaintiff, Ronnie L. Scott, to show cause why the relief requested should not be granted. Rule returnable in writing 2-0 days from the date of service. C' \ By the Court, ' ., i .??? ?? .._ !, , inns ?> ? IULb .-:Yqv RONNIE L. SCOTT, Plaintiff v. BARBARA SCOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Ronnie L. Scott, Plaintiff, moves the Court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The Defendant has appeared in the action by her attorney, John J. Connelly, Jr., Esquire and Susan M. Kadel, Esquire. 3. The statutory ground(s) for divorce are: 3301(c) or (d). 4. Delete the inapplicable paragraph(s): (b) An agreement has been reached with respect to the following claims: None (c) The action is contested with respect to the following claims: alimony, distribution of property, counsel fees, costs and expenses The action X involves - does not involve complex issues of law or fact. 6. The hearing is expected to take _ hours 3 days. 7. Additional information, if any, relevant to the motion: McNEES WALL CE & NURICK LLC Date: / o?Q Zd©6 BY ,2? am es P. DeAngelo (I.D. 62377) Pamela L. Purdy (I.D. 85783) 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Qq ORDER APPOINTING MASTER And now, fti 1 , 2006, eo h°c l-h squire is appointed master with respect to the following claims: BY TH RT: 1 U. A }. Q1 r_ C7 ?. L } ia_ W U- k,, N RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BARBARA SCOTT, Defendant NO. 04-2909 CIVIL TERM ORDER OF COURT AND NOW, this 2"d day of February, 2006, upon consideration of Plaintiff's Petition for Interim Partial Distribution of Marital Property Pursuant to 23 Pa. C.S. §3502(1), a hearing is scheduled for Tuesday, February 14, 2006, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, James P. DeAngelo, Esq. Pamela L. Purdy, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Plaintiff John J. Connelly, Jr., Esq. Susan M. Kadel, Esq. P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant :rc ", >,., ,,?.- ,.+ 2?-. ? ?;,, RONNIE L. SCOTT, BARBARA SCOTT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. Defendant NO. 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MR. SCOTT S ANSWER TO MRS. SCOTT'S PETITION FOR SPECIAL RELIEF REGARDING JEEP AND NOW comes Plaintiff/Respondent Ronnie L. Scott, by and through his attorneys McNees Wallace & Nurick LLC and files this Answer to Defend ant/Petitioner Barbara Scott's Petition for Special Relief, and in support thereof, avers as follows: INTRODUCTION During the marriage, the parties owned two motor homes and two automobiles. The motor homes are used to travel to dog shows because both parties are involved in the dog show hobby. Mr. Ronnie L. Scott is involved in breeding and showing poodles-- he had a poodle win best in show at Westminster. Mrs. Barbara Scott breeds and shows Yorkshire terriers. One of the motor homes is a smaller Coachman model, which Mrs. Scott can operate. The other is a larger Gulf Stream model, which Mrs. Scott cannot operate. Mr. Scott can operate the Gulf Stream. The parties two owned automobiles are: (1) a 1999 Astro minivan, which was Mrs. Scott's primary vehicle; and (2) a 2002 Jeep Liberty, which is outfitted for use with the Gulf Stream motor home. As a practical matter, the Gulf Stream RV is too big, at 43 feet in length, to use as transportation once a destination is reached. The Jeep is set up to be towed behind the Gulf Stream. At the time of separation in April 2004, Mr. Scott took possession of the Gulf Stream and the associated Jeep. Mrs. Scott kept the Coachman and the Astro minivan. The arrangement of the vehicles upon separation is perfectly sensible. Both parties need a motor home to travel to dog shows. Mrs. Scott cannot operate the Gulf Stream, but Mr. Scott can operate it. As a practical matter, the Gulf Stream requires the Jeep, which is set up to be towed behind the Gulf Stream. To the extent Mrs. Scott now requires a vehicle to replace or supplement her other vehicles, she can purchase a vehicle. She has the financial means to do so as she is receiving $24,000 per month in alimony pendente lite and has received that amount since mid-2004. Moreover, Mrs. Scott has access to financial resources: (1) she received a $250,000 interim distribution in 2004, (2) she received a $127,941 interim distribution in 2005, (3) she resides in the marital residence rent and mortgage free, and (4) she is likely to receive an additional interim distribution on Mr. Scott's pending motion. In fact, Mrs. Scott can purchase a new or used Jeep Liberty if she so desires. Such vehicles are available in the inventories of local dealerships at relatively modest prices in light of the parties' income and assets. Mrs. Scott's need for a vehicle is not a matter that should be before this Court on a petition for special relief. ANSWER TO PETITION 1. Admitted. -2- 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. Ronnie L. Scott ("Husband") moved from the marital home at the time that Barbara Scott ("Wife") was out of town in an effort to avoid undue confrontation. He removed very few items from the marital home, which consisted mostly of his personal items. 5. Denied as stated. Both parties are involved with the breeding and showing of champion dogs and travel frequently to various dog shows throughout the country. In order to do so, the parties travel in motor homes. The parties own two (2) motor homes. One is a large, 43-foot long 1999 Gulf Stream. The other is a smaller Coachman. At the time of separation, Husband took the Gulf Stream motor home ("Gulf Stream") with him and left the Coachman motor home with Wife. This was done because Wife is unable to drive the Gulf Stream because of its size, but she is able to drive the Coachman. 6. The parties purchased the 2002 Jeep Liberty ("Jeep") for the purpose of towing it behind the Gulf Stream when they traveled, because the Gulf Stream is too cumbersome to use for basic transportation. Husband continues to use the Gulf Stream and the Jeep when he travels to dog shows. Wife remains in possession of the parties' Coachman motor home, which she is able to drive, and continues to use it to travel to dog shows. In addition, Wife remains in possession of the parties' 1999 Chevrolet Astro minivan, which was her primary vehicle during the marriage. -3- 7. Denied. Currently, the mileage on the Jeep is 13,000 miles. Husband is without knowledge as to the mileage of the Astro minivan, and therefore, said averment is denied. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that Wife has requested return of the Jeep, and that Husband has not returned the Jeep to Wife. Husband is without knowledge as to the condition of the Astro minivan, and, therefore, said averments regarding the Astro minivan are denied. Husband's new matter set forth below is incorporated herein as if fully set forth. 10. Denied. Wife's averment in paragraph 9 is a prayer for relief to which no response is required. To the extent that a response is required, said averment is denied. If any counsel fees should be awarded, they should be awarded to Husband for having to respond to Wife's frivolous petition. 11. Denied. Wife's averments in paragraph 10 are legal conclusions and prayers for relief to which no response is required. To the extent a response is required, said averments are denied. NEW MATTER 12. Husband's answers to Paragraphs 1-11 are incorporated herein as if set forth at length. 13. Wife is fully aware that Husband uses the Jeep when he travels in the Gulf Stream, and during inclement weather. -4- 14. Since separation, Wife has received $24,000 per month in alimony pendente lite, an interim distribution of $250,000, and a second interim distribution of $127,941. Wife has more than adequate funds to lease or purchase a new vehicle if she believes that her current vehicle is unsafe and/or unreliable. 15. The Jeep currently in Husband's possession is outfitted such that it attaches to the back of the Gulf Stream. If Husband were to give possession of the Jeep to Wife, he would have to purchase another vehicle and spend additional money to have the new vehicle outfitted so that it would attach to the back of the Gulf Stream, which would cause him and/or the marital estate to incur needless expense. 16. Although Husband has two other automobiles, neither of those automobiles can be towed behind the Gulf Stream. 17. In addition, the Jeep bears a custom Commonwealth of Pennsylvania license plate that recognizes Husband's achievement of have a dog win Best in Show at the Westminster Kennel Club's dog show. If Husband were to give possession of the Jeep to Wife, Husband would have to transfer the license plate to another automobile, causing Husband and/or the marital estate to incur additional needless expense. 18. The Jeep has been in Husband's possession since the parties separated. Wife has only recently taken issue with the Jeep being in Husband's possession. 19. Husband believes, and therefore avers, that Wife's filing of the Petition for Special Relief is only a continuation of Wife's attempts to annoy and embarrass Husband, and cause him to incur the unnecessary expense of replacing the Jeep so he can use the Gulf Stream motor home. -5- WHEREFORE, Plaintiff/Respondent, Ronnie L. Scott respectfully requests that Defendant/Petitioner Barbara Scott's Petition for Special Relief be denied. Respectfully Submitted, McNEES WALLACE & NURICK LLC By aO? James P. DeAngelo (I.D 2377) Pamela L. Purdy (I.D. 85783) 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated:' 0 ?, ? -6- VERIFICATION I, Ronnie L. Scott, the within named Plaintiff, do verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. RONNIE L. SCOTT CERTIFICATE OF SERVICE h The undersigned hereby certifies that on the day of January 2006, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: John J. Connelly, Esq. James Smith Dietterick & Connelly PC 134 Sipe Road Hummelstown, PA 17036 ?Z_ 60"' ; Pamela L. Purdy Of Counsel for Plaintiff f') r.? ti _ YI r C::1 ?T _? t .T __ - i V7 _ -' ? • C > r I_ . r., C' i -< John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for DefendantTetitioner RONNIE L. SCOTT, Plaintiff/Respondent, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA SCOTT, Defendant/Petitioner NO. 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PETITON FOR INTERIM PARTIAL DISTRIBUTION OF MARITAL PROPERTY PURSUANT TO 23 PA.C.S. §3502(8 AND NOW, comes the Defendant, Barbara Scott, by and through her attorney John J. Connelly, Jr., Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and files the within answer and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. Admitted. By way of further answer, the Court specifically provided as follows: NOTHING HEREIN is intended to preclude Plaintiff from arranging for trades within jointly held investment accounts of the parties and other investment accounts which are marital property and in which he has a legal right to trade; provided, that the trades are not financially unreasonable and that no withdrawals occur. Plaintiff shall promptly provide notice of any such trades to Defendant. Admitted. 8. Admitted. 9. Admitted. By way of further answer, by Husband's own admission, the non- liquid assets, which primarily consist of Husband's business; Forklifts, Inc., exceeds $8,200,000. 10. Denied. Husband filed a Motion for Appointment of Master on or about January 20, 2006. The parties have not yet been separated for two (2) years and, it is submitted, there has been no unreasonable delay in this case. 11. Denied. With regard to the marital accounts which Husband alleges have a value in excess of $6,800,000, there is a July 2, 2004 Court Order in effect, as referred to above, which provides that Husband may make investment decisions and trade within those accounts with the only provision that the trades not be financially unreasonable and that no withdrawals occur. With regard to Husband's allegation that he does not have "access to funds" to be able to make personal investments, such statement is patently false. For the 2004 tax year, the most recent year for which records are available, by Husband's own calculation, his monthly net income, before payment of spousal support to Wife, was $59,405.33. Fie is currently paying spousal support in the amount of $24,152.00 per month which results in a monthly net disposable income for Husband of $35,253.33. Additionally, he received sixty (60%) percent of the excess distribution from Forklifts, Inc. in 2004 which resulted in a payment to him of $159,232.80. Accordingly, Husband's annual net income for 2004, exclusive of support paid to Wife, was $582,271.96. Certainly, Husband's earnings alone permit him to invest funds without the need to deplete marital funds which have been secured. 12. It is denied that a distribution from any account is either "logical or necessary." 13. Denied. Clearly, a distribution of $1,000,000 to each party would be prejudicial to Wife. By Husband's own admission, the non-liquid assets, which primarily consist of Husband's business Forklifts, Inc., exceed $8,200,000. As the liquid assets are currently approximately $6,800,000, even a 50/50 split of the marital property, assuming Husband retained his business intact, would require a cash payment in excess of the liquid assets that are currently frozen. A distribution to Husband at this time of $1,000,000 would deplete the liquid assets available to Wife for distribution which would be required to effectuate an equitable distribution of the marital property. 14. Denied for the reasons set forth in paragraph 13. 15. Denied for the reasons set forth in paragraph 13. 16. Denied as a conclusion of law to which no response is required. By way of further answer, it is respectfully submitted that Section 3502(f) is discretionary and not mandatory. WHEREFORE, Defendant, Barbara Scott, respectfully requests this Court deny Plaintiffs Petition for Interim Partial Distribution of Marital Property. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: By: 0 wv"VXL /`N Jo J. Conn ily, Jr., Esquire A e I,D: 15615 -- P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant, Barbara A. Scott VERIFICATION The undersigned, John J. Connelly, Jr., Esquire, of the law firm of James, Smith, Dietterick & Connelly, LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Answer to Petition for Interim Partial Distribution of Marital Property has been prepared by me by knowledge and information acquired during the course of my representation of Defendant, Barbara Scott; that I execute this verification as a signature of said Defendant cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 0116/ Z' Gj-'Cc Joh J./Con telly, Jr., Esquire RONNIE L. SCOTT, Plaintiff/Respondent, V. BARBARA SCOTT, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE 1, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Defendant, Barbara A. Scott, hereby certify that I have served a copy of the Answer to Petition for Interim Partial Distribution of Marital Property on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Pamela L. Purdy, Esquire McNees Wallace & Nurick P.O. Box 1166 Harrisburg, PA 17108-1166 Dated: O »i By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP Attorneys for Petitioner, Barbara A. Scott Hershey, PA 17033-0650 (717) 533-3280 (? i ,.,., ? ?s < _.? -rt ?: u C?> ??` ^ ? _ r-? _ IL RONNIE L. SCOTT, Plaintiff V. BARBARA SCOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2909 CIVIL TERM ORDER OF COURT AND NOW, this 14ffi day of February, 2006, upon consideration of Defendant's Petition for Special Relief, Plaintiff's Answer to Defendant's Petition for Special Relief, and Plaintiff's Petition for Interim Partial Distribution of Marital Property Pursuant to 23 Pa. C.S. §3502(f), a hearing is scheduled for Thursday, April 27, 2006, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. esley Oler, Jr-" . James P. DeAngelo, Esq. Pamela L. Purdy, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Plaintiff John J. Connelly, Jr., Esq. Susan M. Kadel, Esq. P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant :rc RONNIE L. SCOTT, Plaintiff v. BARBARA SCOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-2909 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 14th day of February, 2006, upon consideration of Defendant's Petition To Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories, and of Plaintiff's Response to Defendant's Petition To Compel More Complete Answers to Defendant's Request for Production of Documents and Interrogatories, and following a discovery conference in chambers in which Plaintiff was represented by Pamela L. Purdy, Esquire, and James P. DeAngelo, Esquire, and Defendant was represented by John J. Connelly, Jr., Esquire, and Susan Kadel, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: 1. Within 30 days of today's date, Plaintiff shall furnish in verified form to Defendant's counsel a list of his individual and joint bank accounts, brokerage accounts, and other financial accounts in existence from January 1, 2003, to May 1, 2004; within 15 days after submission to Plaintiff's counsel by Defendant's counsel of proposed releases authorizing the release of information on those accounts, Plaintiff shall execute the said releases and return them to Defendant's counsel. 2. Within 30 days of today's date, Plaintiff shall furnish in verified form to Defendant's counsel a list of his personal credit cards, joint and individual, in existence from January 1, 2003, to July 1, 2004; within 15 days after submission to Plaintiff's counsel by Defendant's counsel of proposed releases authorizing the release of information on those accounts, Plaintiff "?!;` !! ?,° F ? f ? int... rg y;?. L; j a ., Lj t shall execute the said releases and return them to Defendant's counsel. 3. Within 30 days of today's date, Plaintiff shall furnish in verified form to Defendant's counsel a list of his business credit cards utilized from January 1, 2003, to the present date; within 15 days after submission to Plaintiff's counsel by Defendant's counsel of proposed releases authorizing the release of information on those accounts, Plaintiff shall execute the said releases and return them to Defendant's counsel. 4. With respect to the elicitation of said statements, Defendant will pay all costs associated therewith. James P. DeAngelo, Esquire Pamela L. Purdy, Esquire 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 For the Plaintiff John J. Connelly, Esquire Susan Kandel, Esquire 124 Sipe Avenue Hummelstown, PA 17036 For the Defendant pcb By the Court, RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW BARBARA SCOTT, Defendant NO. 04-2909 CIVIL TERM ORDER OF COURT AND NOW, this 3`d day of March, 2006, upon consideration of the attached letter from James P. DeAngelo, Esq., attorney for Plaintiff, the hearing previously scheduled in the above matter for April 27, 2006, is rescheduled to Thursday, June 1, 2006, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. The following petitions will be heard at that time: Defendant's Petition for Special Relief, Plaintiffs Answer to Defendant's Petition for Special Relief, and Plaintiffs Petition for Interim Partial Distribution of Marital Property Pursuant to 23 Pa. C.S. §3502(f). BY THE COURT, James P. DeAngelo, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Plaintiff John J. Connelly, Jr., Esq. Susan M. Kadel, Esq. P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant :rc McNees Wallace & Nurick LLC attorneys at law JAMES P. DEANGELO DIRECT DIAL: (717) 237-5470 E-MAIL ADDRESS: JDEANGEL@MWN.COM March 2, 2006 VIA FACSIMILE CONFIRMATION BY MAIL The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Scott v. Scott C.P. Cumberland No. 04-2909 Dear Judge Oler: This responds to the request from your Chambers for a letter confirming that John Connelly, counsel for Defendant Barbara Scott, has advised our office that his client will consent to a change of the April 27 hearing date. As I conveyed to your Chambers, my paralegal, Jody Brinley, will work with your Chambers and Mr. Connelly's office to coordinate a new date for the hearing. Very truly yours, JPD:jlp c: John J. Connelly, Jr., Esquire (via fax) Ronnie L. Scott (via e-mail) Mc S WALLACE & NURICK LLC 0X_T_ ? By J es P. DeAngelo P.O. BOX 1166 • 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM HAZLETON, PA • LANCASTER, PA • STATE COLLEGE, PA • COLUMBUS, OH • WASHINGTON, DC RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BARBARA SCOTT, Defendant 04-2909 CIVIL TERM ORDER OF COURT AND NOW, this lst day of June, 2006, upon consideration of Defendant's Petition for Special Relief and Plaintiff's Petition for Interim Partial Distribution of Marital Property Pursuant to 23 Pa. C.S. §3502(f), following a hearing held on June 1, 2006, and it appearing that this case has been referred to the Cumberland County Divorce Master who is actively proceeding with it, it is ordered and directed as follows: 1. Within 30 days from the date of this order, Plaintiff shall transfer possession of the parties' 2002 Jeep Liberty to Defendant; and 2. Within 30 days from the date of this order, an advanced distribution of marital property in the amount of $250,000 shall be received by each party from the parties' Merrill-Lynch Account No. 872-42596. ele. Paul Helvey, Esquire James P. DeAngelo, Esquire 100 Pine Street Harrisburg, PA 17108-1166 For the Plaintiff Xohn J. Connelly, P.O. Box 650 Hershey, PA 17033 For the Defendant By the Court, Aesleyler, Jr., J. Jr., Esquire A D?o pcb ? I ?;;N ? i? ?,1, ? ?'ry?Y'! "ti, ,. RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2909 CIVIL TERM BARBARA SCOTT, CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S FIRST AMENDED PRE-TRIAL STATEMENT Date of Marriage: October 10, 1964 Date of Separation: April 25, 2004 Divorce Complaint filing date: June 23, 2004 1. MARITAL PROPERTY Date of Valuation Market Value 1. Stock in Forklifts, Inc. August 26, 2005 $6,700,000.00* *updated financial information and discovery to be provided. 2. Merrill Lynch Account May 31, 2006 $4,968,156.59 Account #872-42596 (Joint) 3. Merrill Lynch Account May 31, 2006 $1,086,897.23 Account #872-50292 (Joint) (Pledged as collateral for business loan) 4. Merrill Lynch Account (BAS) May 31, 2006 $220,571.95* Account #872-55428 *includes non-marital deposit of $89,727 on 9/26/2002. 5. Merrill Lynch Account April 28, 2006 $357,472.27 Account #872-46273 (RLS w/ son) Marital Property Continued. Date of Valuation Market Value 6. Merrill Lynch Account April 28, 2006 $1,043,513.04 Account #872-56228 7. M&T Checking Account (RLS) Need date of Account #2679074761 separation value 8. Raymond James Account April 28, 2006 $63,338.13 Account #47095857 9. CNL #10135534503420 Need documentation 10. John Hancock Account March 31, 2006 $17,278.60 Account #170-5105795 11. John Hancock Account March 31, 2006 $4,579.84 Account #183-5105796 12. M&T Account March 31, 2006 $20,955.15 Account #0155870009 13. Emerald Advantage Fund, LLP #90 July 29, 2005 $0 $474,526.00 (now in Account #872-42596) 14. CNL REIT Fund Need verification of Account #121355345003445 value (now US Rest. Prop. Preferred stock; value estimated) 15. M&T Portfolio Arch March 31, 2006 $65,386.50 Account #191003989 16. Lancaster Property October 4, 2004 parties will last appraisal sell property Marital Property Continued. 17. Marital Home 8 Teal Road Mechanicsburg, PA 17050 18. Stratford Properties, LLP (marital interest is 2/3 of total; other 1/3 owned by Michael Scott; parties' son) Real estate located at 741 Independence Avenue Mechanicsburg, PA 17055 and 2893 South Reach Road Williamsport, PA 17701 19. Stamp Collection (sold after separation; proceeds in items 6, 8 and 12 above) Date of Valuation June 7, 2006 by David Eskin State Certified Appraiser 20. $25,000 stamp sale (proceeds retained by Husband) (See item #19) (confirmation necessary) 21. Forklifts, Inc. 401(k)* March 31, 2006 *value includes post-separation contributions. 22. Gulf Stream RV (1999) 23. Coachman RV (1996) (W) Per Kelley Blue Book/ Date of Separation Per Kelley Blue Book/ Date of Separation Market Value $925,000.00 appraisal of Mechanicsburg and Williamsport properties being conducted by George Clauser written confirmation of total sale price and documentation of deposit into bank accounts $25,000.00 $472,641.15 $258,144.00 $16,450.00 Marital Property Continued. 24. Barbara Scott Jewelry 25. Ron Scott Jewelry 26. Furniture/Collectibles (in house and kennel) 27. Collectibles and Art in possession of RLS 28. 2002 Jeep 29. 1999 Chevy Van 30. M&T Bank Account (Joint) Checking Account #636711 May 14, 2004 - $7,822.25* 31. M&T Bank Account (Joint) Account #150041198276014 32. M&T Bank Account (BAS) Statement Savings Account #150041198309378 33. Mortgage on Michael Scott's Home 34. Irrevocable Trust dated November 4, 1993 Date of Valuation appraised May 31, 2006 appraised May 31, 2006 current Current 2004 Market Value $29,869.00 awaiting appraisal $16,320.00 awaiting appraisal $12,825.00 $6,000.00 $117.35 *All post separation expenditures for marital debt. May 5, 2004 $5,371.00 *Statements mailed to RLS/need update May 9, 2006 $13,432.86 June 30, 2005 $65,000.00 (need current principal balance) Husband received mortgage payment since date of separation value to be determined Marital Property Continued. Date of Valuation Market Value 35. Advance Distribution of $250,000 July 21, 2004 $500,000.00 to each party from Merrill Lynch Account Account #872-42596 36. Advance Distribution of $250,000 June 2006 $500,000.00 to each party from Merrill Lynch Account Account #872-42596 37. Advance of Forklifts, Inc. 2004 Distribution to BAS $127,941.00 to RLS $127,941.00 38. Stratford Properties Accounts to be determined 39. Jewelry gifted to Debra Burke $13,140.00 by Ron Scott using marital funds 2. NON-MARITAL PROPERTY 1. Barbara Scott inheritance received from mother $89,727.00 and placed into Merrill Lynch Account #872-55428 on September 26, 2002 3. EXPERT WITNESSES 1. Steven A. Norris, Appraiser The Jewelers Bench, Inc. 428 Hockersville Road Hershey, PA 17033 Mr. Norris appraised the marital jewelry in the possession of Barbara Scott and will testify regarding the fair market value of the same. 2. Gregory A. Crumling, CPAlABV, CVA Beard Miller Company LLP 221 West Philadelphia St., Suite E 200 York, PA 17404 Mr. Crumling prepared a valuation of Forklifts, Inc. and will testify regarding his opinion of value. 3. Real Estate Appraiser(s) David M. Eskin Ridge Marketing Associates, Appraisals 621 Lemar Avenue Harrisburg, PA 17112 Mr. Eskin conducted an appraisal of the marital home and will testify regarding its value. 4. Erica S. Wineske, C.A.G.A. Certified Appraiser & Auctioneer Classic Edge Auctions & Appraisal Services 527 West Chocolate Avenue, Suite B Hershey, PA 17033 Ms. Wineske performed an appraisal of the marital personal property located at the marital residence and will testify concerning her opinion of value. 5. George Clauser Clauser Real Estate Appraisals P.O. Box 777 Camp Hill, PA 17001 Mr. Clauser is currently in the process of appraising the commercial real estate located in Mechanicsburg and Williamsport, Pennsylvania and owned by Stratford Properties, LLP. Mr. Clauser will testify regarding his opinion of value as to these properties. 4. NON-EXPERT WITNESSES Debra J. Burke 345 Mount Zion Road Dillsburg, PA 17019 Defendant knows of no other non-expert witness at this time with exception to the parties. However, Defendant reserves the right to supplement this answer should such become available. 5. EXHIBITS Defendant has not yet determined what exhibits will be offered and reserves the right to supplement this response in a reasonable time period prior to trial. 6. NET INCOME Defendant - See Defendant's Income and Expense Statement attached hereto. 7. EXPENSES Defendant - See Defendant's Income and Expense Statement attached hereto. 8. PENSIONS/RETIREMENT A. Plaintiff - Ronnie Scott has a 401(k) through Forklifts, Inc. which had a value of $472,641.15 as of March 31, 2006 B. Defendant - None 9. COUNSEL FEES Defendant is requesting reimbursement of her counsel fees, costs and expenses and will present testimony regarding the same. 10. PERSONAL PROPERTY DISPUTE Unknown at this time until appraisals completed. 11. 12. 13. DEBTS There were no marital debts existing at the time of separation, other than the mortgages associated with the business real estate. OUTSTANDING DISCOVERY ISSUES Defendant is currently awaiting responses to pursuant to the Court's Order of February P attached hereto. Further, we are awaiting Forklifts, Inc. numerous authorizations that were directed ., 2006, a true and correct copy of which is updated financial documentation regarding PROPOSED RESOLUTION 60/40 division of marital assets with Wife receiving 60% and Husband receiving 40%. Husband would receive the stock in Forklifts, Inc. and Wife would receive all cash and investment assets as well as other assets currently in her possession including vehicles and personal items. Husband in addition to receiving the Forklifts, Inc. would receive other assets as determined by the Master to provide him 40% of the marital assets. Wife would receive alimony as determined by the Master after the assets distribution for an indefinite period. Respectfully submitted, Dated: ' ?,? Zo G JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: (::?? @, lly, Jr. U J. P#15615 e P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2909 CIVIL TERM BARBARA SCOTT, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Defendant, Barbara A. Scott, hereby certify that I have served a copy of Defendant's Pre- trial Statement on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 1??? Dated: By: aaCo lly, Jr. J. Paul Helvy, Esquire McNees Wallace & Nurick P.O. Box 1166 Harrisburg, PA 17108 JAMES, SMITH, DIETTERICK & CONNELLY, LLP #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 80 Attorneys for Defendant °'' 'J C? `"' r- -n C.. s+ c ---t ?? ?` t t n.l .?-?l`!"t CF,. C.ri C??L`t , ); -?. ? V } RONNIE L. SCOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04 - 2909 CIVIL BARBARA SCOTT, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this Q?(day of 994? 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 24, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court Requesting a final decree in divorce. BY THE COURT, MP.J. Edgar B. Bayley, cc: ?aul Helvy Attorney for Plaintiff ,A?ohn J. Connelly, Jr. Attorney for Defendant ul V? 55 U C-j MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this R d4- day of 5e pA m e R, , 2007, by and between Ronnie L. Scott of Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), and Barbara A. Scott of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 10, 1964, and; WHEREAS, one child, Michael Scott, was born of this marriage and is emancipated, and; WHEREAS, differences have arisen between Husband and Wife in consequence of which they have been separate and apart from each other since April 25, 2004; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations towards one another; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. September 21, 2007 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF ASSETS AND DEBTS: Provided that Forklifts, Inc. is sold on or before November 15, 2007 or any extension agreed upon by the buyer, the seller and the parties hereto, the parties have agreed to distribute the marital property as set forth in "Exhibit A," which is attached hereto and incorporated herein by reference. In the event that Forklifts, Inc. is not sold on or before November 15, 2007 or any extension as set forth above, or in the event Husband continues employment with Forklifts or consulting for compensation with Forklifts other than securing continued health insurance with the buyer beyond the closing date, the parties understand and agree that this Agreement, and all of the provisions contained herein, are null and void. Should the provisions set forth above cause this agreement to be null and void, the parties will proceed with the hearing before the Divorce Master scheduled for January 15 and 16, 2008. In order to ensure that all marital assets are adequately maintained in the event that the sale of Forklifts does not occur as set forth herein, both parties shall maintain all cash funds in interest bearing accounts, such as money market accounts, CDs or the like, and shall not dissipate the marital assets distributed to each hereunder, until either the final sale of Forklifts, or until a court of competent jurisdiction has made a final decision. 2 Should Forklifts be sold as set forth above, Wife agrees to transfer any and all right, title and interest she may have and to waive any claim she may have to those assets listed in the "To Husband" column of Exhibit A, and Husband agrees to transfer any and all right, title and interest he may have and to waive any claim he may have to those assets which are listed in the "To Wife" column of Exhibit A. Except as set forth herein, each party agrees to be fully responsible for the tax consequences associated with the assets they each shall receive pursuant to this Agreement and agree to indemnify and hold the other harmless from any tax liability associated with the assets they receive. Husband shall supply to Wife copies of all Agreements and Settlement Documents relating to the sale of Forklifts, Inc. The following subsections have been included to clarify the parties' intentions with regard to certain assets. The asset numbers contained herein correspond to the numbers assigned to the assets on Exhibit A. To the extent that any assets set forth on Exhibit A are not discussed in the body of this Agreement, no explanation for that asset was necessary. A. Asset 1, Stock in Forklifts, Inc. and Item 1A, Taxes Associated with the Sale of Forklifts, Inc.: The parties agree that Husband owns 83.53% of the stock of Forklifts, Inc. Forklifts, Inc. has entered into a Letter of Intent to sell the stock in the company for fourteen million dollars ($14,000,000.00). Pursuant to the Letter of Intent, of the fourteen million dollar sale price, one million four hundred thousand dollars ($1,400,000.00) of the purchase price will be placed into an escrow account for eighteen months (hereinafter "holdback funds"). 3 At the time of closing, it is anticipated that Husband will receive ten million five hundred twenty four thousand seven hundred eighty dollars ($10,524,780.00), which represents 83.53% of the initial twelve million six hundred thousand ($12,600,000.00) payment. Upon the sale of Forklifts, Inc. the parties agree that the net proceeds received in exchange for Husband's 83.53% interest shall be split equally between the parties, and the parties will be equally responsible for the taxes associated with the sale of the business. In order to accomplish this division and agreement, the initial disbursement representing Husband's share of the business ($10,524,780.00) will be immediately placed into an interest bearing escrow account maintained by Husband's counsel. The parties and counsel will be supplied with a statement of the escrow account on a monthly basis. In consultation with their respective counsel and certified public accountants, the parties will agree to the amount of estimated taxes associated with the sale of the business in advance of closing. Absent an agreement on the amount of taxes to be held in escrow, the greater of the parties' expert's estimates will be retained in the escrow account until all taxes are paid. The proceeds will be reduced by the estimated, agreed-upon tax liability or the greater of the two estimates in the absence of an agreement, and the parties will each receive one-half of the remaining net proceeds. The amount representing the estimated taxes will remain in the interest bearing escrow account until the tax liability is paid in full. Husband will report the sale of the business on his tax returns, and will be responsible for paying the taxes from the escrow account established for this purpose. Said payment shall be made in a timely fashion so that no penalty or interest is incurred on the tax liability. In the event that the amount in the escrow account does not cover the tax liability associated with the sale of 4 the business, the parties shall equally split the difference, and both parties shall within 10 days upon receiving notice deposit their one-half of the deficiency into the escrow account. Upon full settlement of the tax liability, any amount remaining in the escrow account will be split equally between the parties within 10 days after the taxes have been paid in full. Each party will be responsible for reporting and paying the associated tax liability for one-half of any interest earned on the escrowed funds until the distribution is made to each party. As previously referenced, one million four hundred thousand dollars ($1,400.000.00) is being held for a period of eighteen months. In the event that any of the holdback funds are paid to the former shareholders of Forklifts, Inc. at the end of the holdback period (18 months), Husband will receive 83.53% of the gross payment from the holdback. For example, if the entire holdback is paid ($1,400,000.00), Husband's 83.53% share is one million one hundred sixty nine thousand four hundred twenty dollars ($1,169,420.00). In the event that the buyer of Forklifts, Inc. returns all or any portion of the holdback funds, the same process and timelines as described above for the initial proceeds will be followed. Husband's 83.53% of the returned holdback funds will be directly deposited into an escrow account maintained as set forth above for the initial distribution of proceeds. The funds will then be distributed equally to the parties less the actual costs associated with the recovery of the holdback funds, including but not limited to attorney's fees and costs, and the estimated agreed-upon tax liability. The estimated agreed-upon tax liability or if no agreement is reached, the higher of the two estimates, will remain in the escrow account. Husband will report the holdback funds on his tax returns and will be responsible for paying the tax liability from the escrow 5 account. Said payment shall be made in a timely fashion so that no penalty or interest is incurred on the tax liability. In the event that the amount of funds deposited in the escrow account from the holdback payment is insufficient, within 10 days of receiving notice, both parties will deposit one-half of the additional tax liability into the escrow account. Should any funds remain in the escrow account after the tax liability relating to the holdback funds has been satisfied in full, the parties will equally split the remaining funds in the escrow account within 10 days of the tax liability being paid in full. Each party will be responsible for reporting and paying the associated tax liability for one-half of the interest earned on the escrowed funds until distribution is made to each party. B. Asset 2, Merrill Lynch CMA Account No. XXXX2596: Husband shall transfer the amount listed in the "To Wife" column of Exhibit A to Wife by direct transfer to Merrill Lynch Account No. XXXX0292 referred to in Paragraph C, below. Husband shall retain the remaining portion of this account either by transferring this existing joint account into his name alone, or by transferring the remaining funds into another account held by Husband. In the event that Husband decides to change the ownership of this account into an account in his name alone, Wife will cooperate in completing any and all documentation to effectuate the transfer from a joint account. C. Asset 3, Merrill Lynch CMA Sub-Account No. XXXX0292: Husband will transfer the above referenced account to Wife individually. D. Asset 4, Merrill Lynch CMA Account XXXX6273: Husband shall retain the entire amount existing in this account. E. Asset 5, Merrill Lynch CMA Account XXXX6228: Husband shall retain the entire amount existing in this account. 6 F. Item Numbers 2A, 3A, 4A, 5A, Capital Gains Tax Liability Associated with Conversion of Merrill Lynch Accounts XXXX2596, XXXX0292, XXXX6273, XXXX6228: The parties acknowledge that during the tax year 2007, Merrill Lynch Accounts XXXX2596, XXXX0292, XXXX6273 and XXXX6228 were converted to all cash accounts. The parties further acknowledge that these conversions created tax liabilities. The payment of the taxes will occur as follows: 1. Item 2A, Capital Gains Tax on Merrill Lynch CMA Account No. XXXX2596: Husband shall be responsible for reporting and paying the entire tax liability associated with this account. The amounts set forth in row 2A of Exhibit A represent the best estimate available to the parties of the amount of total tax liability associated with Merrill Lynch CMA Account XXXX2596. Regardless of whether the actual tax liability is higher or lower than the estimated amount, Husband shall pay all of the taxes associated with this account, and neither party shall seek reimbursement from the other. 2. Item 3A, Capital Gains Tax on Merrill Lynch CMA Sub- Account No. XXXX0292: Wife shall be responsible for reporting and paying the entire tax liability associated with this account. The amounts set forth in row 3A of Exhibit A represent the best estimate available to the parties of the amount of total tax liability associated with Merrill Lynch CMA Sub-Account No. XXXX0292. Regardless of whether the actual tax liability is higher or lower than the estimated amount, Wife shall pay all of the taxes associated with this account, and neither party shall seek reimbursement from the other. 7 3. Item 4A. Capital Gains Tax on Merrill Lynch CMA Account XXXX6273: Husband shall be responsible for reporting and paying the entire tax liability associated with this account. The amounts set forth in row 4A of Exhibit A represent the best estimate available to the parties of the amount of total tax liability associated with Merrill Lynch CMA Account XXXX6273. Regardless of whether the actual tax liability is higher or lower than the estimated amount, Husband shall pay all of the taxes associated with this account, and neither party shall seek reimbursement from the other. 4. Item 5A, Merrill Lynch CMA Account XXXX6228: Husband shall be responsible for reporting and paying the entire tax liability associated with this account. The amounts set forth in row 5A of Exhibit A represent the best estimate available to the parties of the amount of total tax liability associated with Merrill Lynch CMA Account XXXX6228. Regardless of whether the actual tax liability is higher or lower than the estimated amount, Husband shall pay all of the taxes associated with this account, and neither party shall seek reimbursement from the other. G. Asset 14, CNL Reit Fund: The parties agree that this account has been closed and no longer exists. The amount listed in the `To Husband" column represents stock received upon the closing of this account that was transferred into an account maintained solely by Husband. H. Asset 17, Capital Gains Taxes Associated with the Sale of the Lancaster Property: The parties agree that they have both received one-half of the proceeds from the sale of the Lancaster property. The parties further agree that they are each solely responsible for Fifty Percent (50%) of the taxes associated with the sale of the Lancaster Property. The parties acknowledge and agree that the amount listed 8 on Exhibit A represents an estimated tax figure, but that each is solely responsible for the actual tax associated with their half of the proceeds received. 1. Asset 18, Marital Residence: The parties acknowledge that they are the joint owners of that certain house and lot located at 8 Teal Road, Mechanicsburg, PA. The parties agree that this property is not subject to any mortgage or lien. Husband shall transfer all his right, title and interest in this property to Wife. Counsel for Wife shall prepare a quitclaim deed, which Husband agrees to promptly execute. Wife shall be responsible for any fees associated with this transfer. J. Asset 20, Stratford Properties, LLP: Counsel for Husband shall prepare the necessary documentation to transfer Wife's interest in said LLP to Husband, which Wife will promptly execute. K. Asset 21, Forklifts, Inc. 401K plan: Wife shall be responsible for preparing a Qualified Domestic Relations Order, if necessary, for the purpose of effectuating the transfer of $235,566.85 plus or minus any gains or losses associated with this portion of the account from August 31, 2007 until the date of transfer. Said transfer shall be accomplished by a rollover into an IRA or other qualified account in Wife's name. The parties contemplate that the transfer provided for in this paragraph shall result in no adverse tax consequences to either party; specifically, neither party shall be subject to federal, state or local income taxes, including any penalty or additional tax for an early distribution. In the event that either party liquidates some or all of the account set aside to him or her after the transfer occurred, he or she shall be solely responsible for the payment of all federal, state and local income taxes, including any penalty or additional tax for an early distribution, associated with such liquidation 9 and shall hold the other harmless therefrom. L. Asset 33, Mortgage on Michael Scott's home: Counsel for Husband shall prepare the necessary documentation to remove Wife as a mortgagee on the loan provided to Michael Scott for his home, which Wife will promptly execute. M. The parties agree that they have selected a valuation date for most of the assets of August 31, 2007, and that as a result, where appropriate and possible, the balances set forth on Exhibit A were the balances in the accounts and the values of the assets as of that date. The parties agree that for all assets being transferred in their entirety to one party, the balances set forth in Exhibit A are for illustrative purposes only, and the party will be entitled to the entire value of the account or asset existing as of the date of the transfer. N. Except as set forth herein, the parties agree that they shall indemnify and hold each other harmless from any and all responsibility for the assets or debts which they are receiving pursuant to this Agreement. 0. The parties agree to cooperate with each other to sign any necessary paperwork to effectuate the transfers set forth herein. For accounts listed in joint names but awarded in its entirety to one party, the receiving party shall be entitled to either transfer the existing joint account into an account in his or her name alone, or transfer the entire account into a new account held in their own name. In the event that the receiving party decides to change the ownership of an account into an account in his or her name alone, the other party will cooperate in completing any and all documentation to effectuate the transfer from a joint account. Both parties shall maintain all cash funds in interest bearing accounts, such as a money market accounts, 10 CDs or the like, and shall not dissipate the marital assets, until either the final sale of Forklifts, further agreement of the parties, or until a final determination by a court of competent jurisdiction has been made, should the sale of Forklifts not occur. P. Division of Personal Property: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Q. Outstanding Joint Debts: Except as set forth herein, all other debts, contracts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him and from all costs, legal costs and counsel fees 11 unless provided to the contrary herein. 4. HEALTH INSURANCE: Husband shall maintain Wife on the health insurance plan that he has available to him as a result of his employment with Forklifts, Inc. for so long as it is available to him and she is eligible to receive said coverage. Husband shall be responsible for the payment of said coverage. Thereafter, each party shall be responsible for obtaining and paying for their own health insurance through COBRA or another insurance carrier. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980 and all amendments thereto including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980 and all amendments thereto in addition to any remedies in law or equity and these enforcement rights are not waived or released by any of the provisions of this Agreement. The fact that a party brings an action to enforce the property agreement, under the Divorce Code of 1980 and all amendments thereto, does not give either party the right to raise other 12 claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 6. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all'instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary in any Will or other document, whether written in past or in the future. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary of any insurance policies whether effective in the past or in the future. 7. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. TAXES: By this Agreement, the parties have intended to effectuate and 13 by this Agreement have equally divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as. may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital property and the marital settlement herein contained the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the even that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. The parties agree that they will file separately for 2007. 9. SUBSEQUENT DIVORCE: Both parties agree to execute-Affidavits of Consent to Divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree pursuant to Section 3301(c) of the Divorce Code contemporaneous with the signing of this Agreement and shall direct their respective counsel to immediately file with the Court said documents. Husband agrees that he shall direct J. Paul Helvy, 14 Esquire, his counsel, to file with the Court a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code immediately upon the initial funding of the purchase of Forklifts, Inc. more particularly set forth in Paragraph 3A. 10. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 11. WAIVER OF ALIMONY SUPPORT AND MAINTENANCE: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. From the date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. Notwithstanding the above, the Spousal Support Order indexed to PACSES Case Number 097106568 in the Court of Common Pleas Cumberland County Domestic Relations Division shall terminate after the receipt by Wife of the regularly scheduled wage-attached payment of September 27, 2007. Wife shall terminate the Order without arrears or credits thereafter. In the event that this Agreement becomes null and void as set forth in Paragraph 3 hereof, the prior Order indexed to PACSES 15 Case Number 097106568 shall be reinstated retroactive to September 30, 2007 The arrearages created by the retroactive entry of the Order to September 30, 2007 shall be paid within 15 days of the reinstatement. In the event that the divorce decree is entered and the Agreement becomes null and void as set forth in Paragraph 3, hereof, the support will be reinstated as Alimony Pendente Lite. 12. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 13. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Husband has employed and had the benefit of counsel of J. Paul Helvy, Esquire, as his attorney. Wife has employed and had the benefit of counsel of John K. Connelly, Jr., Esquire, as her attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Divorce Code, whereby the Court has the right and duty to 16 determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and except as set forth herein, waives their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 14. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 15. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 17. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of-this Agreement are null and void and of no effect. 17 18. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 19. DISCLOSURE: The respective 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 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 or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress, undue influence, or that there was any absence or lack of full, proper, and independent representation. 20. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 21. DATE OF THIS AGREEMENT: The date of this Agreement shall be the date on which the Agreement is signed by both parties. In the event the parties do not 18 sign this Agreement on the same day, the date of the Agreement shall be the date that the last party has executed the Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. WITNESS: Dated: r` .2l o RONNIE L. SCOTT Dated: l; 4110 BARBARA A. SCOTT 19 SCOTT v. SCOTT "EXHIBIT A" MSA No. ld O IDtiOrin Toth Value Dale of Value To HusbmW To V ft N. 1 1 Stock In Forklifts, inc. (Figure assumes that holdback returned In krll; $ 11,694,200.00 $ 5,847,100.00 $5,847,100.00 Parties agree to divide net proceeds equally) 1 A Taxes Associated W4h Sale of Forklifts, Inc.: The parties will apportion the taxes associated with the sale equally between #)am; Total tau liability still m be determined; the parties agree b escrow funds to cover the total tax liability and to split any interest earned on the escrowed kaxis equally 2 2 Merrill CMA Account #872-42596 (Joint) 18131107 balance decreased $ 5,204,804.75 8/31/200 $ 2,292,792.97 $ 2,912,011.78 by $25,092, half of which went to each party for payment of taxes) less funds distributed t both parties for taxes 2A A Capital Gains Tax on Merrill CMA Account #8T2-42596 $ 365 956.48 8!23107 $ 365,956.48 3 3 Merrill CMA Sub-Account #872-50292 (Joint) $ 1,326,732.12 8131107 $1.326,732.12 3A A CapkW Gains Tax on Merrill CMA Sub-Account #872-50292 $ 75 293.47 6/23107 75,29147 4 5 Merrill CMA Account #872.46273 (RLS with son) $ 403.58524 8/31107 $403,585.24 4A A C 1 Gains Tax on Merrill CMA Accent #87246273 $ 47 837.52 8123107 ($47,837.52 0 5 6 MuxrtilAccount #872-56226(RLS) $ 1,364,302.36 8131107 $1,364,302.36 5A A Capital Gains Tax on Merril Account #87256228 $ 55 227.52 8/23107 ($56,227.52) 6 4 Merrill CMA Account #872-55428 (BAS) [only marital portion included $ 136,935.00 4125104 $136,935.00 here-- balance of full acct as of 6/29107 was $233,595.54) 7 7 RLS M & T Checking Accl # 2679074761 (marital portion only- DOS $ 47,546.49 4/25104 $ 47,546.49 value plus 22K transferred from acct and oliaced here 8 9 John Hancock Accokxkt #170-5105795 $ 18,639.04 8/31/07 $ 18,639.04 9 10 John Hancock Account 0183-5105796 $ 4,539.55 8131/07 $ 4,539.55 10 11 M & T Account #0155870009 (stock shares- marital portion only) $ 10,604.42 8131101 $ 10,604.42 11 12A In-kind distribution: Biacklight Power Inc. $ 8,1100.00 at tune $ 8,800.00 distrbueo 12 12B In-kind distribution: Health Advocate $ 8,811.00 at time distribuft $ 8,811.00 13 12C "nd distribution: Roger Studios Inc. $ 2,720.00 at time $ 2,720.00 14 13 CNL REIT Fund #12135534503445 & 10135534503420 2,152.00 tOJ23106 2,162.00 15 14 M & T Por"o Arch #191003989 $ 75387.41 8131/0 $ 75,387.41 16 15 Lancaster Property 759 Flory MM Road Lancaster PA 17601 $ 825--466.W 7131107 $ 412 682.80 $ 412 682.80 17 151 Capital Gain Tax on sale of Lancaster Property (assume 18% $ 148 565.80 $ 74,282.90 $ 74 282.90 18 16 Marital Home 8 Teal R $ 98486620 t $ 984.6W.20 19 16A Fair Rental Value for Marital Home (40 rhos at 4K/mo=160,000 less $ 53,188.00 8/31/07 $ 53,188.00 credit of expenses of $106,812) 20 17 Stratford Properties, LLP (parties' interests only- doesn't include value $ 1.421,671.97 8/31107 $ 1,421.671.97 of Michael Scoas 21 20 Forklifts Inc. 401K an marital portion) $ 471 133.70 8/31)07 1$ 235,5W.85 $ 235 566.85 22 21 Gulf Stream RV $ 155 000.00 4104 $ 155,000.00 23 22 Coachman RV $ 20,000.00 4104 20 000.00 24 23 Barbara Scott Jewelry 41 29 318.08 9114106 $ 29 318.08 25 24 Ron Scott 18 968.34 911 $ 18 968.34 26 25A Fumikxe/ Collectables [in house and kennel) S 23,456.00 9118106 $ 23,456.00 27 25B Personalty, Collectibles & Art located in RLS' Forklifts office 4,4V5.00 1/8107 $ 4,485.00 28 28 2002 Jeep $ 13,000.00 611106 $ 13,000.00 29 29 1999 Chevy Van $ 6,ODO.00 $ 6,000.00 30 30 M & T Bank Account #636711 (DOS balance was $33,022.92, and $ 14,407.00 4/25104 $ 14,407.00 have backed out all marital tkbffi Paid after DOS 31 31 M & T Bank A Savings #15004196276014 $ 5,407.58 9/13/07 $ 5,407.58 32 32 BAS M & T Bank #15004198309378 $ 13,714.92 911317 $ 13,714.92 33 33 Mortgage on Michael Scott's Home $ 64.610.95 12134 $ 64 610.95 34 33A Money Received by Ron since DOS for Mortgage on Michael Scott's $ 15,000.00 8131/07 15,000.00 - Home-_. -- 35 35A 2004 Advance Distribution of $250.000 to each party from M L Acct $ 500,000.00 7121 $ 250,000.00 $ 250,000.00 #872-42596 36 35B 2006 Advance DisbibuNon of $250,000 to each party from M L Acct $ 500,000.0 6/1108 $ 250,000.00 $ 250,000.00 #872.42596 37 P 36A 2004 Forklifts Distribution in net amt of $255,882 after taxes $ 255,882.00 10127105 $127,941 AO $127,941.00 $127 941 to each 38 37 Jewel ftd to Debra e b Ron Sccti $ 13140.00 Burk 13140.00 TOTAL $ 25,025,485.92 $ 12,512,742.96 512,512,742.86 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,bae?owa) SS.. , before me, the undersigned On this theal?-- day ofc?M officer, personally appeared Ronnie L. Scott, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed- the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ti=CNMMONWEALTH OF PENNSYLVA;N'[• Notarial Seal Lynette A. Zeiders, Notary Pubic LowerAllen Twp., Cumhedand County My C.,ommtsion Expires Ktar. 2, 2008 Member, Pennsv!ven; Notarie, My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF b "- f i 0\ SS.: On this the t? day of p k.m6 IL aP q, before me, the undersigned officer, personally appeared Barbara A. Scott, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seat Maria B. LaRue, Notary Public Deny Twp., Dauphin County My Commission Expires Nov. 8, 2009 Member, Pennsylvania Association of Notaries 20 RONNIE L. SCOTT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-2909 CIVIL TERM BARBARA A. SCOTT CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 23, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REOUEST 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Date: 119-1--o7 ?/ Ronnie L. Scott, Plaintiff C._ ,T t'"' T?. >, ?? -:'?-= ?` _ t, ? `; `- ,. -°~ :.G "/: ? ...t RONNIE L. SCOTT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 04-2909 CIVIL TERM BARBARA A. SCOTT CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT I . A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 23, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: - _? /Barbara A. Scott, Defendant -n J. Paul Helvy, Esquire I . D. No. 53148 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) phelvye,mwn.com Attorneys for Plaintiff RONNIE L. SCOTT, Plaintiff V. BARBARA A. SCOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2909 CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail, return receipt requested upon Defendant on June 24, 2004. An Affidavit of Service was filed on July 1, 2004. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: October 1, 2007; by Defendant: September 24, 2007. i?- Plaintiffs Affidavit was filed on October 4, 2007. Defendant's Affidavit was filed on October 23, 2007. 4. Related claims pending: N/A 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: October 4, 2007. Date Defendant's Waiver of Notice was filed with the Prothonotary: October 23, 2007. MCNEES WALLACE & NURICK LLC KDPaul Helvy . No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Date: December 3, 2007 t"? ?,, C` ? ? ' .?., _ . ?-r i H ' ? ? -?? 1^__ f ^?; ?,. _. - ;, ? `1? _ i is . ??,., ? _' ? '- _ . G " ? ?. ,.' } ??? ??Q ?°.? DEC o 6 2007,,W RONNIE L. SCOTT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2909 CIVIL TERM BARBARA SCOTT, CIVIL ACTION - LAW Defendant IN DIVORCE Stipulation for the Entry of Qualified Domestic Relations Order The parties, Ronnie L. Scott, Plaintiff, and Barbara A. Scott, Defendant, do hereby stipulate as follows: 1. Ronnie L. Scott, date of birth April 9, 1943 (Social Security Number 355-34- 5034), hereinafter referred to as "Participant" is a participant in the Forklifts, Inc. Retirement Savings Plan (hereinafter referred to as the "Plan"). 2. The current and last known mailing address of Participant is 345 Mt. Zion Road, Dillsburg, Pennsylvania 17019. 3. Barbara A. Scott, Defendant, date of birth January 11, 1946 (Social Security Number 329-38-0600), hereinafter referred to as "Alternate Payee," is the spouse of the Participant. 4. The current and last known mailing address of Alternate Payee is 8 Teal Road, Mechanicsburg, Pennsylvania 17050. 5. Both Participant and Alternate Payee have raised claims for inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. §3101, et. seq. 6. This order applies to the following plan: Forklifts, Inc. Retirement Savings Plan. 7. A portion of the Participant's account in the Plan is marital property subject to distribution by this Court. 8. This Order assigns to the Alternate Payee an amount equal to $235,566.85 of the Participant's vested account balance under the Plan as of August 31, 2007. The form of benefit shall be a lump sum payment. This sum shall be allocated to Alternate Payee as of the date of qualification of the Order plus or minus any gain or losses associated with this portion of the account from August 31, 2007 until the date of distribution. 9. The distribution to Alternate Payee from the Plan shall be made as soon as administratively practicable following the Plan's determination that this order is a Qualified Domestic Relations Order. 10. Participant's death shall have no effect on payment of Alternate Payee's benefit under the Plan. Until this Order effectively assigns the funds to Alternate Payee as identified in paragraph 8 above, the Alternate Payee shall be entitled to receive the portion of the surviving spouse benefits consistent with paragraph 8, above, for purposes of any Pre-Retirement Survivor Annuity. At all times, including both prior to this Order effectively assigning the portion of the funds to Alternate Payee, as set forth in paragraph 8, above, and at all times thereafter, Participant is entitled to name beneficiaries for all other portions of the Plan funds. 11. In the event the Alternate Payee dies before the Alternate Payee's benefit is paid, the benefit shall be paid in accordance with applicable Plan provisions regarding payments to beneficiaries, including payments when no beneficiary is designated. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits. The death of Alternate Payee before the Plan determines that this order is a Qualified Domestic Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the Plan. 12. The parties shall promptly notify the Plan of any change in their addresses from those set forth in this Order. 13. Participant and Alternate Payee shall each be responsible for his or her own federal, state, and local income and other taxes attributable to any and all payments from the Plan which are received by Participant and Alternate Payee respectively. The Plan shall provide to Participant and Alternate Payee in accordance with its customary procedures such information as is normally provided to participants in the Plan with respect to the taxability of distributions from the Plan. 14. Nothing contained in this Order shall be construed to require any plan or plan administrator: (a) to provide to the Alternate Payee any type of form of benefit or any option not otherwise available to the Participant under the Plan, or (b) to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order determined by the Plan Administrator to be a Qualified Domestic Relations Order before this Order is determined by the Plan Administrator to be a Qualified Domestic Relations Order. 15. It is the intent of the parties and the court that the provisions of this Order operate as an effective assignment of the Participant's interest in the Plan under both federal and state laws, for all purposes, and constitute a valid Qualified Domestic Relations Order in compliance with Section 414 (p) of the Internal Revenue Code and Section 206 (d) (3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984. 16. The parties intend and agree that the terms of this Stipulation shall be approved, adopted and entered as an Order of Court. 17. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order; provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provided that no such amendment or right of the Court to so amend will invalidate this Order. 18. A certified copy of this Order shall be served upon the Plan. Said Order shall take effect immediately upon approval of the Order by the Plan and shall remain in effect until further Order of Court. Dated: I2 ?-l 1(21 CONSENTED TO: PARTICIPANT onm L. cott ATTORNEY FOR PARTICIPANT /A-Lz 6J)'ul Helvy, Esquire f ^ L3.! u,.. ALTERNATE PAYEE J /L41.4 Barbara A. Scott ATTORNEY FOR ALTERNATE PAYEE Distribution: J. Paul Helvy, Esquire, P.O. Box 1166, Harrisburg, PA 17108 John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RONNIE L. SCOTT, Plaintiff VERSUS BARBARA A SCOTT, Defendant DECREE I N DIVORCE 2909 AND NOW, -')eGC IDS , _.G",/IT IS ORDERED AND DECREED THAT AND Ronnie L. Scott Barbara A. Scott ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; None BY THE COURT: ATTEST: rKV 1 HUNU I kkKT No. 2004 '6. ??i ell