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Home My WebLink About04-3894LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 3964 Lexington Street, Suite B Harrisburg, PA 17109 717/540-6833 Attorney to #36410 DELORES JONES WAGNER, Plaintiff Y. PAUL RICHARD WAGNER Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. Oq - 30c9Y i ? fi2rv 1 Co :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 ofdivorce or annulment may be entered against you by the court. A judgment may also be entered against you for any claim ofreliefrequested 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. Whenthe grounds forthe divorce is indignities or irretrievable breakdown ofthemarriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 Lawyer Referral Service 2 E. Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAW OFFICE OF WILLL&M T. TULLY William T. Tully, Esquire 3964 Lexington Street, Suite B Harrisburg, PA 17109 717/540-6833 Attorney ID #36410 DELORES JONES WAGNER, Plaintiff V. PAUL RICHARD WAGNER Defendant AN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW AN DIVORCE NOTICIA Lehandemandadoaustedenlacorte. Siustedquieredefendersedeestasdemandasexpuestas en las paginassiguientes, usted tiene viente (20) diasde plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentaruna apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones alas demandas en contr de su persona. Sea avisado que si ustedno sedefiende, la corte tomara medidas ypuede entrar una orden contra usted sin previo aviso o notificacion ypor cualquier queja o alivio que es pedido en lapeticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION DE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 2 E. Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 3964 Lexington Street, Suite B Harrisburg, PA 17109 717/540-6833 Attorney ID #36410 DELORES JONES WAGNER, Plaintiff Y. PAUL RICHARD WAGNER Defendant AN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. O4 - 3Pgy :CIVIL ACTION - LAW :IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(Cl OR SECTION 3301 (d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Delores Jones Wagner, by and through her attorney, William T. Tully, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Delores Jones Wagner, is an adult individual who resides 3 Downing Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Paul Richard Wagner, is an adult individual who resides at 3 Downing Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for aperiod in excess ofsix (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 29, 1973 in Wytheville, Wythe County, Virginia. 5. The Plaintiff and Defendant are both citizens of the United States of America. LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 3964 Lexington Street, Suite B Harrisburg, PA 17109 717/540-6833 Attorney ID #36410 6. Plaintiffavers that the ground upon which this action is based is that the marriage is irretrievably broken. 7. There has been no prior action of divorce between the parties in this or any otherjurisdiction. 8. The Defendant is not a member of the Armed Services of the United States of America. 9. Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the court require the parties to participate in counseling. 10. There are no children of the parties under the age of eighteen (18). WHEREFORE, the Plaintiffrequests this Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT I - INDIGNITIES 11. The averments contained in paragraphs 1 through 10 above are incorporated herein by reference and made a part hereof. 12. The Plaintiff avers the grounds on which this action is based are: (a) That the Defendant has offered such indignities to the person of the Plaintiffas to render the condition ofthe Plaintiffintolerable and life burdensome; or, in the alternative, (b) That the marriage is irretrievably broken; and LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 3964 Lexington Street, Suite B Harrisburg, PA 17109 717/540-6833 Attorney ID #36410 (c) That on May 12, 2006 the parties will have lived separate and apart for a period of at least two (2) continuous years. COUNT II: EOUITABLE DISTRIBUTION 13. The averments contained in paragraphs 1 through 12 above are incorporated herein by reference and made a part hereof. 14. During the marriage, the Plaintiff and Defendant have acquired various items ofmarital property, both real and personal, which are subject to equitable distribution under Section 401 of the Divorce Code of 1980. 15. The Plaintiffand/or Defendant acquired, prior to the marriage, or subsequent thereto, "non- marital property" which has increased in value since the date of the marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property." 16. The Plaintiff and Defendant are not able to agree to an equitable distribution ofthe property as of the date of the filing of this Complaint. WHEREFORE, the Plaintiffrequests this Honorable Court to equitably divide all marital property of the parties. COUNT III: ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 17. The averments contained in paragraphs 1 through 16 above are incorporated herein by reference and made a part hereof. LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 3964 Lexington Street, Suite B Harrisburg, PA 17109 717/540-6833 Attorney ID #36410 18. By reason of this action, Plaintiffwill beputto considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 19. The Plaintiffis without sufficient funds to support herselfand to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 20. The Plaintiff s income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the cost of this litigation. 21. The Defendant has adequate earnings to provide support for the Plaintiff and to pay her counsel fees, costs, and expenses. WHEREFORE, the Plaintiffrespectfully requests this Honorable Court award her alimony pendente lite, counsel fees, costs and expenses. COUNT IV: ALIMONY 22. The averments contained in paragraphs 1 through 21 above are incorporated herein by reference and made a part hereof. 23. The Plaintiff lacks sufficient property to provide for her reasonable needs. 24. The Plaintiff is unable to sufficiently support herself through appropriate employment. 25. The Defendant has sufficient income and assets to provide continuing support for the Plaintiff. LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 3964 Lexington Street, Suite Il Harrisburg, PA 17109 717/540-6833 Attorney ID #36410 WHEREFORE, the Plaintiff, Delores Jones Wagner, requests this Honorable Court: (a) Enter a Decree in Divorce; (b) Compel the Defendant to pay alimony pendente lite to the Plaintiff; (c) Compel the Defendant to pay alimony to the Plaintiff; (d) Equitably distribute all property, both real and personal, owned by the parties; (e) Compel the Defendant to pay the Plaintiffs counsel fees, costs, and expenses and the costs and expenses of this action; and (f) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, By: William T. Tully, Esquire I.D. #36410 Dated: UIq I C *A 3964 Lexington Street, Suite B Harrisburg, PA 17109 (717) 540-6833 Attorney for Plaintiff LAW OFFICE OF WILLIAM T. TULLY William T. Tully, Esquire 3964 Lexington Sheet, Suite B Harrisburg, PA 17109 717/540-6833 Attorney ID #36410 DELORES JONES WAGNER, Plaintiff V. PAUL RICHARD WAGNER Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : NO. :CIVIL ACTION - LAW AN DIVORCE CERTIFICATE OF SERVICE AND NOW, this qv day of 0j & '2004, I, William T. Tully, Esq., hereby certify that a true and correct copy ofthe foregoing Complaint in Divorce will be served by the undersigned by Sheriff Service, addressed as follows: Paul Richard Wagner c/o Mancke Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 G? William T. Tully, Esquire VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalti es of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. f? Date: Aq?)? V . N r) j 7k _w Q ? r ?Q 70 ? O r t, c d In the Court of Common Pleas of - ???'-1 Cumberland County, Pennsylvania VS. No. V ' Md civil. 19? C?, ? a 4 R?c?1?C1 tJt?aro r MMO P149 ?P?n a ?, (?a?C? To Prothonotary 19 Attorney for Plaintiff No. Term, 19 vs. O% O i ?> PRAECIPE a n J o_ ,? Filed iL L ts.t 'n!.'. lL d : ? Lz ° U 19 Atty. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-03894 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAGNER DELORES JONES VS WAGNER PAUL RICHARD R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT WAGNER PAUL RICHARD but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - DIVORCE to wit: He therefore County, Pennsylvania, to On January 26th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers : Docketing 18.0 0 __-•--" ?- --- Out of County 9.00 1 Surcharge 10.00 R. Thomas Kline Dep Dauphin Cc 30.00 Sheriff of Cumberland County nn Q' v' 01/26/2005 WILLIAM TULLY Sworn and subscribed to before me this day of ,,2m,S A.D. in his bailiwick Prothonotar In The Court of Common Pleas of Cumberland County, Pennsylvania Delores Jones Wagner vs. Paul Richard Wagner No. 04-3894 civil August 11, 2004 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within 20at o'clock M. served the upon at by handing to a and made known to Sheriff of copy of the original So answers, the contents thereof COSTS SERVICE MILEAGE _ AFFIDAVIT Sworn and subscribed before me this ` day of 20 County, PA (Of f ire Of t4r Shrriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Sheriff's Return J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy NO.6391-T - - -2004 And now: August 19, 2004 Sheriff returns that he did send Certified Mail, postage prepaid 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN DIVORCE to the within named DEFENDANT, WAGNER PAUL RICHARD C/O MANCKE WAGNER & SPREHA CERT MAIL to his/her last known address:e:30 - 5:00 M-F 2233 NORTH FRONT STREET HBG, PA 17110-0000 08/17/2004 Green card was returned DEBRA K SPINNER signed for the Certified Mail So Answers, w°? J. R. Lotwick Sheriff of the County of Dauphin Plaintiff:WAGNER DELORES JONES Sheriff's Costs: $30.00 PD 08/13/2004 RCPT NO 198605 DELORES JONES WAGNER, Plaintiff V. PAUL RICHARD WAGNER Defendant AN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3894 CIVIL TERM :CIVIL ACTION - LAW AN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of William T. Tully, Esquire as counsel for Plaintiff in the above matter. Respectfully submitted, G?? William T. Tully, Esq. 3964 Lexington Street Harrisburg, PA 17109 Date: 10/19/05 717/540-6833 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Theresa Male, Esquire as counsel for Plaintiff in the above matter. Respectfully submitted, Date: Theresa Male, Esquire 513 N. 2nd Street Harrisburg, PA 17101 717/233-3220 ,?_, -? ---? t _ .? .. _., : ___ ,: _ : # - ,., t.r- c... DELORES JONES WAGNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. PAUL RICHARD WAGNER, NO: 04-3894 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant. ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Paul Richard Wagner, and files the following Answer to Plaintiffs Complaint: 1. Admitted except that the Plaintiff now resides at 87G Jester Court, Myrtle Beach, South Carolina. 2. Admitted except that the Defendant now resides at 8 Ashley Court, Boiling Springs, Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. WHEREFORE, Defendant requests this Honorable Court to enter a Decree in Divorce. COUNT I - INDIGNITIES 11. No answer is required. 12. (A). Denied. It is denied that the Plaintiff is an injured and innocent spouse. (B) Admitted. (C) Admitted. COUNT II - EQUITABLE DISTRIBUTION 13. No Answer is required. 14. Admitted except that §401 of the Divorce Code was amended is now §3502 of the Divorce Code. 15. Admitted. 16. Admitted. WHEREFORE, Defendant requests this Honorable Court to equitably divide marital property. COUNT III - ALIMONY PENDENTE LITE, COUNSEL FEES COSTS AND EXPENSES 17. No Answer is required. -2- 18. Denied. It is denied that Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and payment of costs. 19. Denied. It is denied that Plaintiff is without sufficient funds to support herself and meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 20. Denied. It is denied that Plaintiff s income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 21. Denied. It is denied that Defendant needs to provide support to the Plaintiff. WHEREFORE, Defendant requests this Court to dismiss Count III of Plaintiff's Complaint. COUNT IV - ALIMONY 22. No Answer is required. 23. Denied. It is denied that Plaintiff lacks sufficient property to provide for her reasonable needs. 24. Denied. It is denied that Plaintiff is unable to sufficiently support herself through appropriate employment. 25. Denied. It is denied that Defendant has sufficient income and assets to provide continuing support for the Plaintiff. WHEREFORE, Defendant prays this Honorable Court to: -3- A. Enter a Decree in Divorce; D. Equitably distribute all property, both real and personal, owned by the parties; and F. Grant such further relief as the Court may deem equitable and just; and deny the following: B. Compel the Defendant to pay alimony pendente lite to the Plaintiff, C. Compel the Defendant to pay alimony to the Plaintiff, and E. Compel the Defendant to pay Plaintiff's counsel fees, costs and expenses and the costs and expenses of this action. Respectfully submitted, Mancke, Wagner & Spreha T P. Richar, er, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Date: -4- CERTIFICATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following presons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 By a ,? ti h4??-kj Debra K. Spinner;'Secretary Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendant Date: ?? ? ?1l T N Vii 71 r? - C1 ti U Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELORES JONES WAGNER Plaintiff V. PAUL RICHARD WAGNER NO. 04-3894 Civil Term Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 9, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. a wZ. Delores Jones Wagner Dated: February 9, 2007 C) a 0 C:.. -n rv rn ` ^? Vlya 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELORES JONES WAGNER Plaintiff V. PAUL RICHARD WAGNER Defendant NO. 04-3894 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ??24i't,4xim,6) h Dated: February 9, 2007 Delores Jones Wa er -. "'`z ? r ...? --? i7 r , W i ?J Y ? ? tr r ?? ? ?, r r? Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELORES JONES WAGNER Plaintiff V. NO. 04-3894 Civil Term PAUL RICHARD WAGNER Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 9, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the pe alties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Paul Richard Wagner Dated: February 9, 2007 c? ? o mm! Y irn ? ? ? G Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELORES JONES WAGNER Plaintiff V. PAUL RICHARD WAGNER Defendant NO. 04-3894 Civil Term CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: February 9, 2007 Paul Richard Wagner t` }t, f"1 4 s ` l Fn ? t ril 4 •"yam + ? rr 0 f - Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DELORES JONES WAGNER Plaintiff V. PAUL RICHARD WAGNER Defendant : NO. 04-3894 Civil Term CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c) 3301(d)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: certified mail, restricted delivery on 08/17/04 per the Sheriff's Return filed of record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff: 02/09/07; by defendant: 02/09/07. I --- (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the plaintiffs affidavit upon the respondent: N/A. 4. Related claims pending: All claims raised of record have been withdrawn. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: N/A. (b) Date plaintiffs Waiver of Notice was filed with the prothonotary: 02/27/07. Date defendant's Waiver of Notice was filed with the prothonotary: 02/27/07. Attorney for Plaintiff Date: May 23, 2007 2 r F?i ra IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. r)Fl_ORES JONES WAGNER Plaintiff VERSUS PAUL RICHARD WAGNER Defendant No. 3894 Civil 2004 DECREE IN DIVORCE AND NOW, /'?'1!% 30 Lad IT IS ORDERED AND DECREED THAT AND Delores Jones Wagner Paul Richard Wagner 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 ??? -?? a ? °? ?.o S? ? ?? 0 ,. r` ? c Janes Wa?ener Plaintiff VS. JAN 0 8 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : IN DIVORCE Paul Richard Waune Defendant NO. 3894 Civil 2004 QUALIFIED DOME STIC RELATIONS ORDER AND NOW, this day of , 20 , the parties, Delores Jones Wagner, Plaintiff, and Paul Richard Wagner, Defendant, do hereby Agree and Stipulate as follows: 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. The Defendant, Paul Richard Wagner, (hereinafter referred to as "Participant") has in effect the following Individual Retirement Account with Charles Schwab & Co., Inc.: Individual Retirement Account for Paul Richard Wagner held in Account No. 7058-4620 3. Participant's date of birth is August 27, 1951, and his Social Security number is 184-38-2041. 4. The Plaintiff, Delores Jones Wagner (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth, is June 23, 1950, and her Social Security number is 226-74-8825. 5. Participant's last known mailing address is: 8 Ashley Court Boiling Springs, PA 17007 -t3rbJRC'3' Zi ?w 4?? -.i7 W , ?1fib 1 L,r QDRO Page 2 of 3 6. Alternate Payee's current mailing address is: #10 9582 Edgerton Drive Myrtle Beach, SC 29572 7. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: a. The IRA with Charles Schwab & Co., Inc. referenced in Paragraph 2 is marital property. b. That subject to the finalization of the divorce and the execution of the documents required by Charles Schwab & Co., Inc., the following amount shall be awarded to the Alternate Payee: 100% of the value of the account as of the date of distribution c. The amount designated in Paragraph 7(b) shall be paid directly into the following Individual Retirement Account: Charles Schwab Custodian Individual Retirement Account for Benefit of Delores Jones Wagner. d. The parties are directed to timely submit all documents that are required to finalize this Order. QDRO Pap 3 of 3 B. Thi3 Court reserves jurisdiction to issue further orders as weeded to execute this Order. Ordered this day of ,Zoo 8 CONSENT TO ORDER; A 1 ;0 6y2t? - - yl? o/67 P"iaa Alternate Pare Da e Attorney for Plaintiff/ Date Alternate Payee am? articipant Date 2a d4- Attome for Defendant/ Date Partici? t BY THE COURT