Loading...
HomeMy WebLinkAbout04-5365Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff GARY P. GpRDON, Plaintiff : IN THE COURT OF COMMON PLEAS V. CUMBERLAND COUNTY, PENNSYLVANIA MARIA L. GORDON, NO. Ow X3&S' Defendant CIVIL ACTIONLAW IN DIVORCE \ NOTICE TO DEFEND AND CLAIM RIGHTS in YOU HAVE BEEN SUED IN COURT. If you wish to defend the following pages, you must take against the claims set forth Prompt action. Y case may proceed without you and a dec ree of divorce ran are warned that if you fail to do so, the the Court. A judgment may also be entered a annulment may at entered by these Papers by the Plaintiff. You may gams[ you for any other claim of relief against yo, including custody or visitation of your childdrenmoney or property or other rights important requested in portent to you, When the ground for the divorce is indignities or irretrievable breakdown the marriage you may request marriage counseling. A list of Prothonotary. , of marriage counselors is available in the Office of the IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, PROVIDE YOU WITH INFORMA770N ABOUT AGENCIES THAT OFFICE ABLE TO I SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEMAY E. MAY BE OFFER LEGAL CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 or (717) 249-3166 Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff GARY P. GORDON, Plaintiff V. MARIA L. GORDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6q- $3r.S CIVIL ACTION - LAW IN DIVORCE C.P COMPLAINT DIVORCE UNDER SECTION 3301 (C) OR 3301 (D) OF THE DIVORCE CODE AND NOW COMES plaintiff, Gary P. Gordon, by his Attorney, Jay R. Braderman, Esquire, and respectfully represents as follows: I • Plaintiff is Gary P. Gordon, an adult individual who resides at 700 Ru Apt. 8, Mechanicsburg, Cumberland County, Pennsylvania 17055. pp Avenue 2. Defendant is Maria L. Gordon, an adult individual who resides at 127 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. PWntiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 22, 1987 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There was one child born of the marriage: Leslie Ann Gordon, born December 23. 1989, age 14. 6• There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. B. Section 3301(d): The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about September 2, 2004. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNTI REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal during their marriage. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint and Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiffrespectfiilly requests the Court to enter an Order of equitable distribution of marital property and marital debts. COUNT II CUSTODY 13. Paragraphs I through 12 of the Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff is seeking primary physical custody and joint legal custody of the child, Leslie Ann Gordon, with rights of temporary physical custody with the Mother. 15. separation), lived with both parents at 127 Ewe Road, Mechanicsburg, Pennsylvania From September 2, 2004 until the present, the child has spent considerable time with her father, the Plaintiff, at his residence. 16. The mother of the child is Maria Linda Gordon, currently residing at 127 Ewe Road, Mechanicsburg, Pennsylvania 17. The Father of the child is Gary p. Gordon who resides who resides at 700 Rupp Avenue, Apartment 8, Mechanicsburg, Pennsylvania. Leslie Ann Gordon, from her birth until September 2, 2004 (date of her parents' 18. The relationship of Plaintiff to the child is that of Father. 19. 20. other litigation concerning the custody of the child in this or another court. 21. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 22. The best interest and permanent welfare of the child will be served b relief requested because Father has been a devoted and caring Parent of the child and the child ld living with Father would guarantee that she would continue to reside with him in a loving and stable environment. 23. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff requests this Honorable Court: a. Enter a decree of divorce dissolving the marriage between Plaintiff and Defendant; b. Equitably distribute all property, both personal and real, owned by the parties; The relationship of Defendant to the child is that of Mother. The Plaintiff has not participated as a party or witness, or in another capacity, in C. Award joint legal custody and Primary physical custody of the child to the Plaintiff, Date: ra an, Esquire tto 1. . No.: 07047 12 Locust Street O. Box 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff Jay R. Braderman, Esquire Attorney I.D. No.: 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff GARY P. GORDON, Plaintiff V. MARIA L. GORDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT GARY P. GORDON, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unswom falsification to authorities. GARY .GORDON VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: GARY?. CORDON reviewed this form with my client and to the best of my knowledge the I verify allegations herein are true and correct. Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff P.O. Box 11489 4L 91 b v . ti G • 1 s - .1 ?. 1 C. ? O Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY P. GORDON Plaintiff V. : NO. 04-5365 Civil Term MARIA L. GORDON Defendant CIVIL ACTION - DIVORCE PRAECIPE To the Prothonotary: Please enter the appearance of Theresa Barrett Male, Esquire on behalf of Defendant in this proceeding. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: December 8, 2004 f. =' n.., ?`"? ?:? ?? 'T3 'I ? ? _ M 4 -?, rr: ? ? ? ? ) ?_,? s :: '?? ;';' .. '?-^ { ; a --s 7. r,,, --:: Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant/Counterclaim Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY P. GORDON Plaintiff/Counterclaim Defendant V. MARIA L. GORDON Defendant/Counterclaim Plaintiff NO. 04-5365 Civil Term CIVIL ACTION - DIVORCE/CUSTODY DEFENDANT'S COUNTERCLAIM TO PLAINTIFF'S DIVORCE COMPLAINT 1. The counterclaim plaintiff is Maria Linda V. Gordon ("Mother") residing at 127 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The counterclaim defendant is Gary P. Gordon ("Father") residing at 700 Rupp Avenue, Apartment 8, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Mother seeks custody of the following child: Name Present Residence Date of Birth Leslie Ann Gordon 700 Rupp Avenue, Apartment 8 12/23/89 Mechanicsburg, PA 17055 The child was not born out of wedlock. The child presently is in the custody of Father, who resides at 700 Rupp Avenue, Apartment 8, Mechanicsburg, Pennsylvania. During the past five (5) years, the child has resided with the following persons at the following addresses: Name Address Dates Gary P. Gordon 700 Rupp Avenue, Apartment 8 10/24/04 to present Mechanicsburg, PA Gary P. Gordon 127 Ewe Road birth -10/24/04 Maria Linda V. Gordon Mechanicsburg, PA The mother of the child is Maria Linda V. Gordon, currently residing at 127 Ewe Road, Mechanicsburg, Pennsylvania. She is married. The father of the child is Gary P. Gordon, currently residing at 700 Rupp Avenue, Apartment 8, Mechanicsburg, Pennsylvania. He is married. 4. The relationship of counterclaim plaintiff to the child is that of mother. Counterclaim plaintiff currently resides with the following persons: Name Relationship No one 2 5. The relationship of counterclaim defendant to the child is that of father. Counterclaim defendant currently resides with the following persons: Name Relationship Leslie Ann Gordon Daughter 6. Mother has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or in another court. Mother has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Mother does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because Mother loves and cares about Leslie and has been the child's primary caregiver. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. Wherefore, counterclaim plaintiff requests the court grant her custody of the child. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant/Counterclaim Plaintiff Date: February 3, 2005 3 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 penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Maria Linda V. Gordon Date: 2- Ij D PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jay R. Braderman, Esquire 126 Locust Street Post Office Box 11489 Harrisburg, PA 17108-1489 Attorney for Plaintiff/Counterclaim Defendant 1-7 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant/Counterclaim Plaintiff Date: February 7, 2005 -' [ ? r7 t_„ -„ .? :.? -r -r+ '. T'1 vi ? I ? `,.. _ - `; y ? . ? ? ? ' ? . ? ?. .y, ?i -? : ? . ? : . `l' .. ..r i x ? " ., ? ? GARY P. GORDON IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 04-5365 CIVIL ACTION LAW MARIA L. GORDON IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 10, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before ]Melissa P. Greevy, Esq. the conciliator, at DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, March 04, 2005 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Greevv Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the cowl, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,?y?y? ?yy1 ?? i,,r?-•-?7?r? '-'??1? ,St?? 2? ?' Via">L?/ ?!^ _ -,?. ., ,-?t,aS,," CD Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY P. GORDON Plaintiff V. NO. 04-5365 Civil Term MARIA L. GORDON Defendant CIVIL ACTION - DIVORCE PETITION RAISING ADDITIONAL ECONOMIC CLAIMS PURSUANT TO RULE 1920.13 (b) (2) 1. Defendant incorporates by reference the averments set forth in Plaintiff's Complaint in Divorce. Count 1- Alimony 2. Defendant lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through employment. 3. Plaintiff has sufficient assets and income to provide continuing support for Defendant. Wherefore, Defendant requests the Court to enter an Order granting her alimony. Count 2 - Alimony Pendente Lite, Counsel Fees and Expenses 4. Defendant lacks sufficient assets to provide for her reasonable needs and is unable to support herself fully through employment. 5. Plaintiff has sufficient assets and income to provide continuing support for Defendant. 6. Defendant has retained counsel to pursue this action and has agreed to pay her attorney a reasonable fee. 7. Defendant lacks sufficient funds to meet the casts and expenses of pursuing this action, including counsel fees and the costs to retain experts to value the marital assets. 8. Plaintiff has sufficient assets and income to provide alimony pendente lite, counsel fees, costs and expenses for Defendant. Wherefore, Defendant requests the Court to enter an order awarding her alimony pendente lite, counsel fees, costs and expenses. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: February 3, 2005 2 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 penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 7 Maria Linda V. Gordon Date: -?' U PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jay R. Braderman, Esquire 126 Locust Street Post Office Box 11489 Harrisburg, PA 17108-1489 Attorney for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: February 10, 2005 ? ? d G ,. ? ? , s°'' ? ? :_ w -.,? ?_ [ ? L..' t202005fe 3. GORDON, Plaintiff V. MARIA L. GORDON, Defendant IN THE COURT OF CON CUMBERLAND COUNTY NO. 04-5365 CIVIL I CIVIL ACTION - L, IN CUSTODY PLEAS OF gSYLVANIA INTERIM ORDER OF COURT AND NOW, this _&?S 74 day of 177AKCA 200 , upon onsideration of the attached Custody Conciliation Summary Report, it is hereby or ered an directed as follows: 1. Legal Custody. The parties, Gary P. Gordon and Maria shared legal custody of the minor child, Leslie Ann Gordon, born Deco parent shall have an equal right, to be exercised jointly with the oth major non-emergency decisions affecting the child's general well-b( limited to, all decisions regarding their health, education and religion. of 23 Pa.C.S. §5309, each parent shall be entitled to all records and to the child including, but not limited to, medical, dental, religious residence address of the child and of the other parent. To the E possession of any such records or information, that parent shall be same, or copies thereof, with the other parent within such reasonabl records and information of reasonable use to the other parent. I entitled to full participation in all educational and medical/treatment f evaluations with regard to the minor child. Each parent shall be entity information from any physician, dentist, teacher or authority and copie to them as parents including, but not limited to: medical records, birtt educational records, attendance records or report cards. Additionally entitled to receive copies of any notices which come from school pictures, extracurricular activities, child's parties, musical present night, and the like. time to full of am each 2. Physical Custody. Father shall have temporary primary ph the minor child subject to Mother's rights of partial custody which) shall follows: A. Each Sunday from 9:00 a.m. until 1:00 p.m. responsible for dropping the child off at work on Sunday. n, shall have , 1989. Each :, to make all ding, but not It to the terms on pertaining records, the parent has to share the to make the mts shall be neetings and and complete reports given :es, school or Trent shall be ird to school it custody of arranged as be B. Each Monday from 4:00 p.m. until 7:00 p.m. I NO. 04-5365 CIVIL TERM C. At such other times as the Mother and child may agree. 3. It is noted that the parties may participate in a custody evaluati n and/or may seek the advice of a mental health professional to determine the mo' t helpful approach to address the estrangement that exists in the relationship between Mother an the child. If after that clinical work has been completed, either party would like to return t the Custody Conciliation Conference prior to hearing, such a request may be axed to the Custody Conciliator within ten (10) days of the receipt of the report from the ev luator/cl nician. BY TbIE COURT: J. Dist: Braderman, Esquire, PO Box 11489, Harrisburg, PA 17108-1489 eresa Barrett Male, Esquire, 513 N. Second Street, Harrisburg, PA 17101 -05 \ 11 ??' jl- l ?: 7 MAk, 4 8 '1005 GARY P. GORDON, IN THE COURT OF COMM PLEAS OF CUMBERLAND COUNTY, PE NSYLVANIA Plaintiff NO. 04-5365 CIVIL V. CIVIL ACTION - MARIA L. GORDON, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE O CIVIL 1915.3-8, the undersigned Custody Conciliator submits the following r port: 1. The pertinent information concerning the child who i? the s bject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN HE CU TODY OF Leslie Ann Gordon December 23, 1989 Father 2. A Custody Conciliation Conference was held on Maroh 18, 2 05 following Mother's filing of a February 7, 2005 Counterclaim to the divorce inc?uding a request for a Custody Conciliation Conference. Present for the conference were: the Fa her, Gary P. Gordon, and his counsel, Jay Braderman, Esquire; the Mother, Mario L. Go on, and her counsel, Theresa Barrett Male, Esquire. 3. Father's position on custody is as follows: Father reports the hild strongly prefers to live with him and has told him that the Mother has bee abusiv to her. He primarily characterizes this "abuse" as more verbal than physical. F ther als reports that Mother shows up at the child's part time job and has acted in such a way hat the child complains of being embarrassed. The child reported to Father that her emplo er has asked that her Mother be told not to come to her place of employment d ring he work hours. Father is willing to work with some limited periods of partial custody fo Mother and the child to spend time together. However, he believes that the child will be bett r served by remaining in his primary custody. 4. Mother's position on custody is as follows: Mother rep rts that she was the primary caregiver for this child until the parties' separation following a f FA filed by Mother in October 2004. When Father obtained an apartment and arranged to leav the marital home, Mother reports the child sought to go to live with Father. Moth r ackn ledges that an estrangement exists between she and her daughter. She attribute this est angement to the Father. She claims that the daughter calls her disparaging names re rencing her having a mental illness. She also reports that the child told her that toe Father framed the ' r NO. 04-5365 CIVIL TERM police report written about an incident that occurred around thl separation. Despite the estrangement that both parties have ackno Mother and the 15 year old daughter, Mother requests that the Cc custody be placed in her. Attempts to work with Mother with rega custody schedule were fruitless. 5. The Conciliator and counsel discussed the import estrangement between the child and Mother as an issue which matter where the child resides or what custodial sche is implerr Date Melissa Peel Custody Con time o the parties' edged exist between ;iliator rder primary to an nterim partial e of a dressing the st be ddressed no ,?d. evy, E quire :247307 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233.3220 tbm@tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY P. GORDON Plaintiff V. NO, 04-5365 Civil Term MARIA L. GORDON Defendant CIVIL ACTION - DIVORCE/CUSTODY PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. On December 7, 2004, Defendant retained Petitioner to represent her in this action. 2. Defendant signed a retention agreement confirming the basis of the representation. 3. Professional considerations require termination of the representation. 4. Defendant has failed substantially to fulfill an obligation to Petitioner regarding Petitioner's services and has been given reasonable warning that Petitioner will withdraw unless the obligation is fulfilled. Wherefore, Petitioner respectfully requests that the Court grant her leave to withdraw as counsel for Defendant in this proceeding. Respectfully Submitted, Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 Petitioner Date: August 31, 2005 2 PROOF OF SERVICE I hereby certify that 1 am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jay R. Braderman, Esquire 126 Locust Street P. 0. Box 11489 Harrisburg, PA 17108-1489 Attorney for Plaintiff Maria L. Gordon 127 Ewe Road Mechanicsburg, PA 17055 Defendant tm"-I/a 4C.. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: September 1, 2005 r? N ' .r? TI G^ .-i -r ?. ,`lf __ , ? I`J 1 . \ ?_? _.• r:I .) I[t .~. % 1 ?„?? •?-} L.j -K Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY P. GORDON Plaintiff V. NO. 04-5365 Civil Term MARIA L. GORDON Defendant CIVIL ACTION - DIVORCE/CUSTODY ORDER AND NOW, September ?, 2005, upon consideration of the foregoing petition for leave to withdraw as counsel, the Court ISSUES a Rule on plaintiff and defendant to show cause why the petitioner is not entitled to the relief requested. The Rule is returnable within ten (10) days of service. ae''a Oq ` Edward E. Guido, J. ! r ? I ! ?,"? ? I r? ? ? 11J?! qi? t©? ?? ????? ? ( ???? Sd?Z ?t,'ti?1v d0i li)?d ?Hl WIC Distribution: Jay R. Braderman, Esq., P.O. Box 11489., Harrisburg, PA 17108-1489 Theresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 Maria L. Gordon, 127 Ewe Road, Mechanicsburg, PA 17055 2 Theresa Barrett Male Supreme Court# 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY P. GORDON Plaintiff V. MARIA L. GORDON Defendant NO. 04-5365 Civil Term CIVIL ACTION - DIVORCE PETITIONER'S MOTION TO MAKE RULE ABSOLUTE 1. On September 13, 2005, petitioner served defendant and plaintiff's counsel with a certified copy of the show-cause order issued on September 12, 2005 in connection with the petition for leave to withdraw as defendant's counsel. True and correct copies of the transmittal letters are attached as Exhibits 1 and 2. 2. The return date has passed without answer by the parties. Wherefore, Petitioner requests the Court to make the rule absolute and grant her petition for leave to withdraw as counsel for defendant in the above-captioned proceeding. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 Petitioner Date: September 424 2005 2 THERESA BARRETT MALE COUNSELOR AT LAW 513 NORTH SECOND STREET THERESA BARRETT MALE HARRISBURG, PENNSYLVANIA 17101 (717) SUSAN C. APPLEBY, PAMLEGAL 233-3220 Al+r September 13, 2005 FAX (717) 233b862 JONATHAN 1 MALE LECAL ASSM Maria L. Gordon 127 Ewe Road Mechanicsburg, PA 17055 Re: Gordon v. Gordon (# 04-5365 Civil Term) Gordon v. Gordon (# 00092 S 2002; PACSES # 404104226) Dear Maria: Enclosed are certified copies of the court orders issuing rules to show cause on my petitions to withdraw as counsel in the above-referenced actions. Also enclosed is a copy of my transmittal letter to opposing counsel. You have ten (10) days from today's date to file a written response with the court. If you have any questions regarding this, I recommend that you consult with an attorney. Sincerely, Theresa Barrett Male TBM/sca Enclosures VIA FACSIMILE - Hard Copy to Follow P. 1 I TRANSMISSION REPORT (TUE) SEP 13 2005 14:58 USER NAME : DOCUMENT# 5012741-908 DESTINATION 7615736 TIME STORED 14:54, 9/13 DEST.NUMBER 7615736 TIME SENT 14:54, 9/13 F CODE DURATION : 3min,34sec MODE G3 PAGES 6 sheets RESULT : OK C999-S£L-LTL :XVd OSL£-££L-LTL ;3NOHd TOTLT Vd'0Hn9S188VH 133815 ON033S H18ON £T9 •salnsoloua paoua,api gjIM aaual pauoeue aas :SLN31NW00/SWN 310A03tl 3SV31d O A143V 3SV31d .0 lH3WW00 3SV314 0 M31A38 80:10 1N308n [3 uopJog •A uopAOE) :836WnN 30NMAH HnOA '!! /•A • I'?YA I _ 1 T 1 THERESA BARRETT MALE COUNSELOR AT LAW THERESA BARRETT MALE SUSAN C. APPLEBY, PA ECAL JONATHAN J. MALE, LEGAL ASSISTANT Jay R. Braderman, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 September 13, 2005 Re: Gordon v. Gordon (# 04-5365) Gordon v. Gordon (# 00092 S 2002; PACSES # 404104226) Dear Jay: (717) 233-3220 FAX (717) 233-6862 Enclosed are copies of the rules to show cause on my petitions to withdraw as counsel in the above-referenced actions. Sincerely, Theresa Barrett Ma{e 513 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA 17101 TBW Enclosures Cc: Maria Linda V. Gordon (w/enc) PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service :satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jay R. Braderman, Esquire 126 Locust Street Post Office Box 11489 Harrisburg, PA 17108-1489 Attorney for Plaintiff Maria L. Gordon 127 Ewe Road Mechanicsburg, PA 17055 Defendant /. / V, AX _ Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner ?Y Date: September 2005 t7 o O - c> -TI cn CD Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Petitioner RECEIVED SEP 3 0 260 0r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY P. GORDON Plaintiff V. NO. 04-5365 Civil Term MARIA L. GORDON Defendant CIVIL ACTION - DIVORCE/CUSTODY ORDER AND NOW, Se2 e-3 r 2005, the Court GRANTS Theresa Barrett Male, Esquire leave to withdraw as counsel. Distribution: ?R. Braderman, Esq., P.O. Box 11489., Harrisburg, PA 17108-1489 Teresa Barrett Male, Esq., 513 N. Second St., Harrisburg, PA 17101-1058 Xria L. Gordon, 127 Ewe Road, Mechanicsburg, PA 17055 Edward E. Guido, J. 9E :I I u1I1 t;- ]-?o Doz t;'v'1Gi 4;!: icr ]'rIi J0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY P. GORDON Plaintiff V. MARIA L. GORDON Defendant NO. 04-5365 Civil Term CIVIL ACTION - DIVORCE PETITIONER'S MOTION TO MAKE RULE ABSOLUTE 1. On September 13, 2005, petitioner served defendant and plaintiff's counsel with a certified copy of the show-cause order issued on September 12, 2005 in connection with the petition for leave to withdraw as defendant's counsel. True and correct copies of the transmittal letters are attached as Exhibits 1 and 2. 2. The return date has passed without answer by the parties. Wherefore, Petitioner requests the Court to make the rule absolute and grant her petition for leave to withdraw as counsel for defendant in the above-captioned proceeding. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 Petitioner Date: September '110 '2005 THERESA BARRETT MALE COUNSELOR AT LAW 513 NORTH SECOND STREET THERESA BARRETi MALE HARRISBURG, PENNSYLVANIA 17101 SUSAN C. APPLEBY, PAMLMAL (717) 233-3220 JONATHAN J. MALE, LEGAL ASSISTANT September 13, 2005 FAX (717) 233-6862 Maria L. Gordon 127 Ewe Road Mechanicsburg, PA 17055 Re: Gordon v. Gordon (# 04-5365 Civil Term) Gordon v. Gordon (# 00092 S 2002; PACKS # 404104226) Dear Maria: Enclosed are certified copies of the court orders issuing rules to show cause on my petitions to withdraw as counsel in the above-referenced actions. Also enclosed is a copy of my transmittal letter to opposing counsel. You have ten (10) days from today's date to file a written response with the court. If you have any questions regardingthis, I recommend that you consult with an attorney. Sincerely, Theresa Barrett Male TBM/sca Enclosures VIA FACSIMILE - Hard Copy to Follow P. 1 I TRANSMISSION REPORT (TUE) SEP 13 2005 14:58 USER NAME DOCUMENT# 5012741-908 DESTINATION 7615736 TIME STORED 14:54, 9/13 DEST,NUMBER 7515736 TIME SENT 14:54, 9/13 E CODE : DURATION : 3min,34sec MODE G3 PAGES 6 sheets RESULT OK L999-££6-LTL :XVd O8L£-££b-LTL :3NOHd TOTLT Vd '08n9S188VH 133819 0N033S H18ON £TS -salnsoloua paoualajal 411MJ9Ual Payoeue aaS UN3WW00/8310N 310438 3SV3ld O Ald3a 3SV3ld 0 1N3W W00 3SV3ld 0 M31A38 80d O 1N39an 1] uoPJoE) •A uoP1o!D :836VON 30NNN3N 8noA :aa /?f? //•_Yf? I_ /T 1 THERESA BARRETT MALE COUNSELOR AT LAW 513 NORTH SECOND STREET THERESA BARRETT MALE HARRISBURG, PENNSYLVANIA 17101 SUSAN C. APPLEBY, PABA !- (717) 233-3220 JONATHAN J. MALE, LBGA SISTA September 13, 2005 FAX (717) 233-6862 Jay R. Braderman, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Re: Gordon v. Gordon (# 04-5365) Gordon v. Gordon (# 00092 S 2002; PACSES # 404104226) Dear Jay: Enclosed are copies of the rules to show cause on my petitions to withdraw as counsel in the above-referenced actions. Sincerely, Theresa Barrett Male TBM/ Enclosures Cc: Maria Linda V. Gordon (w/enc) PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jay R. Braderman, Esquire 126 Locust Street Post Office Box 11489 Harrisburg, PA 17108-1489 Attorney for Plaintiff Maria L. Gordon 127 Ewe Road Mechanicsburg, PA 17055 Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: September / d 2005 n ? o _` 111 kJ .CJ Jl;j h ?rl c,J CS GARY P. GORDON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARIA L. GORDON : NO. 2004 - 5365 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 5TH day of OCTOBER, 2005, a hearing on the above captioned custody matter will be scheduled before the custody conciliator. Edward E. Guido, J. Iy Braderman, Esquire P.O. Box 11489 Harrisburg, Pa. 17108-1489 aria Gordon 127 Ewe Road Mechanicsburg, Pa. 17055 omestic Relations Office :sld v fib, c: N ! t.. O CV RECEIVED CCT 17 2C?' GARY P. GORDON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-5365 CIVIL ACTION - LAW MARIA L. GORDON, IN CUSTODY Defendant ORDER OF COURT AND NOW, this day of October, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered that this Court's prior Order of March 31, 2005 shall remain in effect subject to the following additions: 1. When Father has custody of the minor child, he shall not go away overnight without ensuring that the child has appropriate supervision during those times he is away overnight. 2. Mother shall within fifteen (15) days of the date of this Order complete all necessary written requirements in connection with the custody evaluation that the parties have undertaken in this case. 3. Father shall ensure that Leslie abides by the periods of temporary custody afforded to Mother pursuant to paragraph 2 of the March 31, 2005 Order, with Mother having the ability to initiate a contempt petition against Father if the limited custody provided to Mother under the existing Order is not enforced by Father. 4. Upon the completion of the evaluation and the issuance of a written report by the evaluator, and in the event the parties are unable to reach a permanent agreement on custody, counsel for the parties may contact the Custody Conciliator directly to schedule another Conciliation Conference. If the parties are unable to reach an agreement at that time, the matter will be referred to the Court for a hearing. BYAM COURT, Edward E. Guido, Judge Cc: X-ndrew Sheely, Esquire , d4y Braderman, Esquire ?N _, --.?, J:? r r,! 3 t ,?? f U;!» ' i ?C1 GARY P. GORDON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-5365 CIVIL ACTION - LAW MARIA L. GORDON, IN CUSTODY Defendant Prior Judge: The Honorable Edward E. Guido CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Leslie Ann Gordon, born December 23, 1989 2. A Conciliation Conference was held on October 12, 2005 with the following individuals in attendance: The Mother, Maria L. Gordon, with her counsel, Andrew Sheely, Esquire The Father, Gary P. Gordon, with his counsel, Jay Braderman, Esquire 3. The Mother had written a letter to the Judge which prompted the Judge to schedule an emergency Conciliation Conference. At that Conference, various issues were discussed and the parties agreed to the entry of an Order in the form as attached. Date: to - - v Hubert X. Gilroy, Custody Conciliat RECEIVED JA,N 4 `e-3 GARY P. GORDON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW MARIA L. GORDON, : NO. 04-5365 Defendant : IN CUSTODY COURT ORDER AND NOW, this P.44 day of 1 , 2006, upon consideration of the attached Custody Conciliation report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. 3 of the Cumberland County Courthouse on the 3/-'rTdday of , 2006 at 5 -AM.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of March 21, 2005 as amended by Order of October 18, 2005 shall remain in place. BY TAMT COURT, Judge Edward E. Guido cc: Jay R. Braderman, Esquire Andrew C. Sheely, Esquire 4 01 t. v ,.0 4- ?r /\A 3 1 ?Zi ?;d Z- X33 S??i2 GARY P. GORDON, Plaintiff v MARIA L. GORDON, Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5365 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Leslie Ann Gordon, born December 23, 1989. 2. A Conciliation Conference was held on January 27, 2006, with the following individuals in attendance: The father, Gary P. Gordon, with his counsel, Jay R. Braderman, Esquire, and the mother, Maria L. Gordon, with her counsel, Andrew C. Sbeely, Esquire. 3. This is the third time this case has been before a Custody Conciliator this year. The current status is that father has primary custody with the child having limited contact with mother for a few hours on Sunday afternoon and a few hours on Monday. A detailed report has been completed by Deborah L. Salem with her recommendations being that the mother's periods of time be further limited and that the parties engage in rather extensive therapy to address the difficulty the child is experiencing with her mother. The mother suggests that the child is sixteen years old and that the mother needs to get a more involved relationship with her daughter at this time before the daughter gets to eighteen. Mother also suggests that the report of Miss Salem is not correct. Mother is seeking more time with her daughter, and father is suggesting that the daughter does not want to go with the mother and that the professional consultants retained in this case affirm daughter's desires. The parties are unable to reach an agreement and a hearing is required in this case. 4. The Conciliator recommends an Order in the form as attached. -3O--0U (?i?, DATE Hubert X. Gilro , Esquire Custody Conc' ator Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) GARY P. GORDON, Plaintiff/Respondent VS. MARIA L. GORDON, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-5365 CIVIL TERM IN CUSTODY CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE I, Andrew C. Sheely, Esquire, hereby certify that I served a copy of the attached Petition upon Jay R. Braderman, Esquire, by fax transmission on March 22, 2006. I further state that I was advised by Jay R. Braderman, Esquire, that e di dit3'Zi°cSt concur with the attached Petition prior to its filing on the date set forth below. Date: March 23, 2006 OtCL.QiSh ly K`! Andrew C. Sheely, Esquire Attorney for Defendant 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 1.7055 717 - 697 - 7050 Andrew C. Sheely, Esquire 127 S. Market street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) GARY P. GORDON, Plaintiff/Respondent VS. MARIA L. GORDON, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-5365 CIVIL TERM IN CUSTODY PETITION REQUESTING A CONTINUANCE OF CUSTODY HEARING TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner is Maria L. Gordon, Defendant, by and through her attorney, Andrew C. Sheely, Esquire. 2. Respondent is Gary P. Gordon, Plaintiff, and represented by Jay R. Braderman, Esquire. 3. On or about February 22, 2006, counsel for Defendant advised counsel for Plaintiff of the Defendant's anticipated travel to the Philippines to care for and visit her gravely ill brother, a trip which would cause her to be unavailable for the scheduled March 31, 2006 custody hearing. 4. Plaintiff, through letter of counsel dated March 1, 2006, agreed with Defendant's request for a continuance from the March 31, 2006 hearing. A copy of the March 1, 2006 letter is attached hereto. 5. Defendant remains in the Philippines as of the date of this Petition. 6. A copy of this Petition was faxed to Attorney Jay R. Braderman on March 22, 2006 and he concurred with the relief requested herein. WHEREFORE, Petitioner, Maria L. Gordon, through counsel of Andrew C. Sheely, Esquire, respectfully requests this Honorable Court enter the attached Order continuing the custody hearing until a later date upon request of either party. Date: March 2V 2006 V im ' Andrew C. Sheely, Esqu' Attorney for Plaintiff, 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 - 697 - 7050 2 JAY R. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET P. O. BOX 11489 HARRISBURG, PENNSYLVANIA 17108-1489 Rose Ann Fritz Legal Assistant (717) 232-6600 TELEFAX (717) 238-3816 March 1, 2006 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 RE: Gary P. Gordon v. Maria L. Gordon Court of Common Pleas of Cumberland County, Pennsylvania No. 04-5365 - Civil Action - Law - In Custody Dear Andy: This acknowledges receipt of your letter of February 22, 2006, which arrived in my office on February 27, 2006. I have just returned from vacation. Mr. Gordon and myself have no problem with your request to continue the March 31, 2006 hearing. You may represent to the Court that we do not object to your request for a continuance. Please advise of the date when it is established by the Court. If you have any questions, do not hesitate to contact me. JRB/raf cc: Gary P. Gordon CERTIFICATE OF SERVICE I, Andrew C. Sheely, hereby certify that I am this day serving the foregoing Petition upon the following named individual this day by depositing same in the United States Mail, First class, postage prepaid, and by hand delivery, addressed as follows: Jay R. Braderman, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Date: March 22, 2006 / /? " u An rew C. Sheely, E uire v C J ?:o C'? ":t { ?-, _ ? n„ __i+-Li _. W :?i:; +-<--. fi .. N .. t C.' ?- Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) GARY P. GORDON, Plaintiff/Respondent Vs. MARIA L. GORDON, Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA fly CIVIL ACTION - LAW MAR 2 3 2006. 04-5365 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, this x f,^ day of /f`aovtx , 2006, upon consideration of the attached Petition for a Continuance and the attached Certificate of Concurrence, it is hereby Ordered and Directed that the hearing scheduled for March 31, 2006 in Courtroom No. 3 is continued generally at the request of Defendant. Either party may subsequently contact the Court Administrator for the purpose of rescheduling the custody hearing. Pending further order of this Court, this court's prior order of March 21, 2005 as amended by order of October 18, 2005 shall remain in place. _,,39y R. Braderman, Esquire Attorney for Plaintiff V<ndrew C. Sheely, Esquire Attorney for Defendant V n, O'D Judge Edward E. Guido i J, Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff GARY P. GORDON, Plaintiff V. MARIA L. GORDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5365 Civil Term CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER jPursuant to Pa.R.C.P. 1920.741 Plaintiff moves the court to appoint a Master with respect to the following claims: X Divorce X Distribution of Property N/A Annulment N/A Support X Alimony X Counsel Fees N/A Alimony Pendente Lite X Costs and Expenses And in support of the motion states: (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, Andrew C. Sheely, Esquire. (3) The statutory ground(s) for divorce are irretrievable breakdown [pursuant to Pa. C.S.A. § 3301 (c) or (d)] (4) The action is not contested. (5) This action does not involve complex issues of law or fact (6) The hearing is expected to take one (1) day. (7) Additional information, if any, relevant to the motion: None at this time. Date: ?--. ;. _; - =+?i ?'l? •? -?- ?•? _1'( ? i' G -. L_ _. ??? ?(` --•- `• T`( C?? -C R h' SEP l l zoos „? Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff GARY P. GORDON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5365 Civil Term MARIA L. GORDON, Defendant CIVIL ACTION -LAW IN DIVORCE ORDER APPOINTING MASTER AND NOW, this ISO- ofi?2006 & )6AW I" l sq., is appointed Master with respect to the claims raised in this case. THE C 1 G J. MOVING PARTY G". Gordon, Plaintiff y R. Braderman, Esq. Attorney I. D. No.: 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 NON- ING PARTY M L. Gordon, Defendant ndrew C. Sheely, Esquire 127 S. Market Street P. O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 J 7c? 0 it Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108 (717) 232-6600 Attorney For Plaintiff GARY P. GORDON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5365 Civil Term MARIA L. GORDON, Defendant CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER jPursuant to Pa.R.C.P. 1920.741 Plaintiff moves the court to appoint a Master with respect to the following claims: X Divorce X Distribution of Property N/A Annulment N/A Support X Alimony X Counsel Fees N/A Alimony Pendente Lite X Costs and Expenses And in support of the motion states: (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, Andrew C. Sheely, Esquire. (3) The statutory ground(s) for divorce are irretrievable breakdown [pursuant to Pa. C.S.A. § 3301 (c) or (d)] (4) The action is not contested. (5) This action does not involve complex issues of law or fact (6) The hearing is expected to take one (1) day. i (7) Additional information, if any, relevant to the motion: None at this time. Date: ?-. ;? a ;. _- T - - ._q r , `i E C::: -- ._..7 _., f'7 ? l.? -y / 1 Andrew C. sheely, Esquire 127 s. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) GARY P. GORDON, Plaintiff VS. MARIA L. GORDON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 5365 CIVIL TERM : IN DIVORCE TO: Curtis R. Long, Prothonotary Court Of Common Pleas Of Cumberland County, Pennsylvania Kindly withdrawal my appearance on behalf of Defendant Maria L. Gordon, in the above-captioned matter. By 4,40?'K drew Shee y, Esquire T , 2007 Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 I hereby consent to the withdrawal of the appearance of Andrew C. Sheely, Esquire, and hereby enter my appearance on my own behalf, pro se. By : Aa,j 1., oe zaa:E?-= p? !r © Maria L. Gordon, Pro Se 2007 127 Ewe Road Mechanicsburg, PA 17055 I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Praecipe for Entry of Appearance upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Jay R. Braderman, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 Date: c.??CM?v? , 2007 l._ d ew C. Sheely, Esquire ca rv GARY P. CORDON, : IN THE COURT OF COMMON PLEAS OF PIalntW : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW t7 N MARIA L. CORDON, so NO. 2004 - 5365 CIVIL TERM ca Da(indant : IN DIVORCE 4 = ' T r?? ..... 7! CD PETITION FOR RULE TO SHOW CAUSE <^ -Z? ,1 NOW comes Harold S. Irwin, III, Esquire, attorney for defendant, and presents this petition for a rule to show cause, representing as follows: Petitioner is HAROLD S. IRWIN, III, attorney for plaintiff, with offices at 64 South Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondents are MARIA L. GORDON, an adult individual residing at 127 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, and GARY P. GORDON, an adult individual whose counsel of record is Jay R. Braderman, Esquire, with offices at 126 Locust Street, Harrisburg Dauphin County, Pennsylvania 17108. 3. Petitioner has represented the plaintiff in this matter since late October, 2007. 4. The parties are presenting engaged in a Divorce Master's proceeding, with a hearing scheduled for April, 2007. The Master has already held at least two conferences in an effort to resolve all issues, one attended by petitioner on December 10, 2007 and another one by her previous counsel at an earlier date. All discovery is complete and the Master has received pre- trial statements from both parties. 5. Irreconcilable differences have arisen between defendant and petitioner making it impossible for petitioner to continue to represent the defendant. 6. Petitioner believes and therefor avers that plaintiff has adequate time to find substitute counsel, if necessary, should this Court grant petitioner's request herein. 7. Counsel for plaintiff has indicated that he does not oppose my withdrawal as counsel for defendant. 8. No judge has been involved in this case to date. WHEREFORE, petitioner requests your Honorable Court to enter a rule upon the respondents to show cause why petitioner should not be permitted to withdraw from this case as counsel for plaintiff. December 11, 2007 HAROLD S. IRWIN, III Petitioner 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 VERIFICATION The foregoing petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. December 11, 2007 HAROLD S. IRWIN, Petitioner DEC 1 3 nom a? HAROLD S. IRININ, 111, ESQUIRE SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE, PA 17013 717-24341050 ATTORNEY FOR DEFENDANT GARY P. GORDON, : IN THE COURT OF COMMON PLEAS OF PIalntW : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MARIA L. CORDON, : NO.2004 - 5365 CIVIL TERM Dahndant : IN DIVORCE ORDER OF COURT NOW, this lit day of December, 2007, on petition of Harold S. Irwin, III, Esquire, a rule is hereby issued upon defendant, Maria L. Gordon, and plaintiff, Gary P. Gordon, to show cause why petitioner should not be permitted to withdraw as counsel for defendant. Rule returnable 10 days after the date of this order. Service to be by certified mail upon defendant and upon plaintiff's attorney of record, Jay R. Braderman, Esquire. By the Court, uIWICI _. LZ I-C 1330 Lou 1?bd1 34140 GARY P. GORDON, PLAINTIFF V. MARIA L. GORDON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5365 CIVIL IN RE: PETITION TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 7t' day of January, 2008, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, Harold S. Irwin, III, Esquire, and the Answer filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that a hearing shall be held on Tuesday, February 12, 2008, at 8:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ?k -?, UA M. L. Ebert, Jr., J. Harold S. Irwin, III, Esquire Petitioner Maria L. Gordon, Defendant Jay R. Braderman, Esquire Attorney for Plaintiff E. Robert Elicker, II, Esquire Divorce Master 1 Lxm bas 1 9 :I Wd L- NVr BOOZ AdViDNO'Hio?d ':',Hi --0 o#- 5365 Civil-, ? J'X? Y/P r Jan. 3, 2008 Dear Judge Ebert, Your honor, I would like to request if I can keep Atty. Irwin as my lawyer. My divorce is almost finalized last Dec. 10 and have another hearing on April 3, 2008. Hoping for your consideration. Thank you for your time. Respectfully yours, Maria Linda V. Gordon L ? .C Wd h- NVf 809Z Ad1ftONU-LO:-'d 3HL ?O 301A:k -{l31Ld 1 Jan. 3, 2008 Dear Atty Irwin, I requested Judge Ebert if I can still keep you since my divorce Is almost finalized Dec. 10 hearing. As I have talked to you the first time we met that I will be paying you once my divorce is finalized for I will get the funds from my settlement. I even told you if you want me to sign stating what I have said, I will do so. Hoping for your understanding and cooperation. Sincerely your Maria Linda V. Gordon P.S. I will still continue if I can get funds from other sources and will inform you as soon as I have it. r HAROLD S. IRWIN, I I I SARAH A, HARDESTY PARALEGAL December 27, 2007 MARIA V GORDON 127 EWE RD MECHANICSBURG PA 17055 RE: Divorce Dear Maria: www. itwinla woffice. con) e-mail: irwinlaw@earthlink.net 717.243-6090 PHONE 717 -243-9200 FACSdM [ E: I am unwilling to consider continuing to represent you in this matter. I have filed a petition to withdraw from the case and you received a copy of that on December 20, 2007. Unless you file an objection to my withdraw by January 14, 2008, 1 will be asking the court to grant my request to withdraw. It is unfortunate that I have come to this decision. However, I am unable to continue to represent you without being paid or to support the positions that you want me to take. 1 do expect my final bill to be paid and when it is, 1 will release your file. Very Harold S. Irwin, 111 IRWIN LAW OFFICE 64 SOUTH PITT STREET CARLISLE, PENNSYLVANIA 17013 w? JAY R. BRADERMAN ATTORNEY AT LAW 126 LOCUST STREET R O. BOX 11489 HARRISBURG, PENNSYLVANIA 17105-1489 (717) 232-6600 TELEFAX (717) 238-3816 December 19, 2007 Maria L. Gordon 127 Ewe Road ?t- ..' ..i rip, 1-10r7 In Re: Gary F. Gordon v. Maria L. Gordon No. 2004-5365 Civil Term In Divorce Dear Ms, Gordon: Susan J. Gelber Paralegal I am corresponding'"Pith you directly as you have advised that you are no longer represented by Attorney Harold S. Irwin, III, and have further advised that you intend to represent yourself before the Master. At his cost, Gary Gordon intends to employ a vocational rehabilitation expert to assess whether you are qualified to be available for full or "fuller" employment. 1 am inquiring whether you will voluntarily agree to submit yourself to such an assessment? If you do not agree, I will petition the Court of Common Pleas ofCumberiand County to ask a judge to order such an evaluation and I vh,ill also ask you to pay my attorney's fees in having to petition for an Order. If I do not hear from you by January 4, 2008. 1 will assume you are refusing and will petition the Court accordingly. I look forward to hearing from V ML 3RB/sjg Cc; Clary P. C3arcion v E. Robert Llicker, It, Esquire Very truly yours, GARY P. GORDON, Plaintiff VS. . MARIA L. GORDON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5365 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2008, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated July 15, 2008, and an amendment to the marriage settlement agreement dated July 23, 2008, 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. cc: X y R. Braderman Attorney for Plaintiff arold S. Irwin, III Attorney for Defendant BY THE COURT, ., 1 G 4? cry PAY 5,? f ? x 7-15-'03 10:56 FP0M-IRWIN LA'd OFFICE 7172439200 T-036 P002/010 F-157 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this LJ 4day of July, 2008, by and between GARY P. GORDON, hereinafter referred to as "HUSBAND") and MARIA L. GORDON (hereinafter referred to as IWFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on August 22,1987; and WHEREAS, there is one child of the parties, namely, Leslie Gordon, born December 23, 1989, and is currently a fulltime college student; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, in consequence of which they have been living separate and apart from each other since on or before September 2, 2004, and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives. Accordingly, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. it is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(a), and that is referred to in this agreement as "Marital Property", as between themselves, their heirs and assigns. It is the further purpose of this agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or . \ alimony. 07-15-M 10:55 FROM-IRWIN LAW OFFICE 7172439200 T-886 P003/010 F-157 2. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 3. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall Interfere with the uses, munership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; G. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 07-15-'28 1-2:56 FROM-IPWIN LAFd OFFICE 7172439200 T-086 F004/010 F-157 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 8. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts. HUSBAND represents and warrants to WIFE that since the date of separation he has not contracted or incurred any debt or Lability for which WIFE or her estate might be responsible and will not do so at any time in the future. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts and represents and warrants to HUSBAND that since the date of separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and will not do so at any time in the future. In addition, WIFE agrees to and does hereby indemnify and hold HUSBAND harmless from any obligation with respect to the parties' joint mortgage on the marital home. WIFE agrees to undertake to obtain HUSBAND's release from this mortgage and to use her bast efforts to comply with any reasonable requirements that the lender may impose to effect such a release. The parties both understand and agree, however, that the lender's release of HUSBAND is solely within the discretion of the lender and beyond the control of WIFE, and nothing herein shall require WIFE to re-finance the mortgage if the lender refuses to release HUSBAND. Further, WIFE shall release to HUSBAND's counsel the Subordination of Marital Rights and Gordon Divorce Real Property Distribution forms (as modified), upon execution of this -_C? : 56 FFOM-IRWI14 LA'd OFFICE 7172433200 T-086 P305/010 F-157 agreement by HUSBAND. Copies of these forms are attached hereto as Exhibit "A" and "B" and incorporated herein by reference. C. The parties agree that they have no other joint debts. 9. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either patty. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A_ Real (Estate: The parties are the owners of real property located at 127 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. HUSBAND hereby releases to WIFE all his right, title and interest to said property and will execute a deed conveying his interest to WIFE upon presentation to him after preparation by WIFE's counsel. WIFE shall be solely responsible for all costs, expenses and liabilities associated with or attributable to this property, including without limitation any mortgages, home equity loans, taxes, insurance premiums, utilities, maintenance and repairs, WIFE agrees to and does hereby indemnify and hold HUSBAND harmless from any such liabilities. 9. "Option 3": Except as otherwise provided below, the parties' remaining assets shall be equitably distributed in accordance with the terms identified as Option 3 on the attached Exhibit "A", made a part hereof and incorporated herein by reference. As provided on the exhibit, this option results, inter alia, in a cash payment to WIFE in the amount of $52,808.00, but HUSBAND agrees to increase that amount by $200 for a total of $53,008. The cash payment shall be made by HUSBAND to WIFE, on or before 30 days after the execution of this agreement. This payment shall be considered as part of the property division of the parties and shall not be considered alimony for any purpose. Any QDRO 07-15-'025 10:57 FPOM-IRWIN Lk'd OFFICE 7172439200 T-086 P006/010 F-157 necessary to the operation of this paragraph shall be prepared and filed by HUSBAND's counsel in a reasonably timely manner. In addition, HUSBAND agrees that WIFE shall retain the better of the two vehicles, that HUSBAND shall provide WIFE with an Intel Pentium 4 Tower PC with a 56k modem installed and containing the Windows XP operating system, and that WIFE shall retain the furniture items designated as Leslie's. C. Bank Accounts - Each party shall retain their individual bank accounts free of any claim by the other party. The parties have no joint bank accounts- D. Life Insurance - HUSBAND shall make WIFE an irrevocable beneficiary of a John Hancock $150,000 term life insurance policy. That policy was initiated in December, 2002, and was a 20 year term policy. HUSBAND will be responsible for the payment of all premiums or other expenses on this policy and will on the anniversary sate of this agreement each year, give WIFE evidence of the continuance of that policy and the payment therefor. In the event that WIFE predeceases HUSBAND, HUSBAND can either terminate the policy or name another beneficiary. In any event, the policy's existence will be no more than 15 years from the date of this agreement. Nothing herein shall prevent WIFE from obtaining additional life insurance of the life of the HUSBAND with her own funds and HUSBAND shall cooperate with WIFE in any such application process. 10- INCOME TAX RETURNS: AN future income tax returns will be filed separately and the parties will each retain any refund due to them. 11. SUPPORT AND ALIMONY: A. HUSBAND hereby waives and foregoes all financial and material spousal support from WIFE and agrees not to request or seek to obtain alimony, alimony pendente like or spousal support before or after any divorce which may be granted. B. HUSBAND agrees to pay to WIFE the sum of $1,750.00 per month to WIFE in spousal support and / or alimony. Said amount shall continue indefinitely, but cease upon the death of either party, the cohabitation of WIFE with a person of %'7-1 J-'02 10: 5 7 FROM-IRWIN LAW OF.-ICE 7172439200 T-086 P007/010 F-157 the opposite sex or the remarriage of WIFE. The alimony will be subject to modification upon a showing of a change of circumstances of a continuing and substantial nature. However, the parties agree that any employment of the WIFE that is 20 hours per weak or less, or WIFE's receipt of social security benefits calculated and based upon her earnings and employment, or WIFE's receipt of any rental income from of a portion of her home shall not constitute grounds upon which any modification of this support and alimony amount may be based. WIFE's receipt of any derivative Social Security benefits calculated and based upon HUSBAND's samings and employment may be considered should either party request a modification of alimony. C. HUSBAND agrees to pay the amount of $2,500.00 toward WIFE's attorney fees. This amount shall be payable within 30 days of the date of this agreement in conjunction with the lump sum cash distribution provided above. Other than this contribution, the parties shall be responsible for their own attorney fees. D. HUSBAND shall cooperate in any way necessary to ensure that WIFE may apply for and maintain COBRA medical insurance coverage at her own expense by the time of any divorce decree and her removal from HUSBAND's medical insurance plan. 12. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that more than ninety days have passed since service of the divorce complaint upon WIFE. Accordingly, contemporaneously with the execution of this agreement both parties shall execute the consents and waivers necessary to obtain a final divorce and HUSBAND's counsel shall file all remaining necessary paperwork and documentation to do so. 13. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 07-15-'08 10:57 FROM-IRWIN LAW OFFICE 7172439280 T-086 P008/010 F-157 '14. 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 ford and effect to the provisions of this agreement. 15. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. HUSBAND's legal counsel is Jay R. Braderman, Esquire and WIFE's legal counsel is Harold S. Irwin, III, Esquire. Both parties agree that they have had effective assistance of counsel in this divorce and in the negotiation and completion of this property settlement and marriage settlement agreement. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertaidngs other than those expressly set forth herein. 17. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 1 g. WAIVER OF CLAIMS AGAINST THE ESTATES:. Except as otherwise provided herein, 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. @7-i ,-` l'^ 201:57 FPOM-IFI4IIN LAW OFFICE 2 7172439200 T-085 P009/.01© F-'-'57 20. Unless otherwise stated herein, this agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. INESSE? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f (SEAL) GARY P. GORDON _ v . (Sl MARIA L. GORDON :SS: PERSONALLY APPEARED BEFORE ME, a notary pubic for Cumberland County, Pennsylvania, this r) ay of July, 2008, GARY P. GORDON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my d and official seal. L41 Notary Public eoMMONweALTF+ OF PENNBYLVANW Notadr a" qua M A. Kohr, Notary Rift Gft of OW9. COW* 11. 21"2 COMMONWEALTH OF PENNSYLVANIA Meii1fer, P :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this ZI v' day of July, 2008, MARIA L. GORDON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set myfiand and official seal. Notary Public Harold S. Irwin Iii, Esq, Notary Public Carlisle, Cumberland County my oorrrniaalm expires February % 2011 07-1.5-' 0' 10:57 FRUI-IRWIN LAW OFFICE 7172439200 T-086 P310/010 F-157 Excel Spreadsheet 71712008 Gordon Divorce Settlement Options w/ML IRA Cashed in OPTION 1 OPTION 2 OPTION 3 OPTION 4 -identity of Asset Ga Marta Ga Maria Maria Gar' Maria Furnishin s $4,340 $5,285 $4,340 $5,285 $4,340 $5,285 $4,340 $5,285 Bed 50% $15,205 $15,205 $3,140 $4,350 $3,140 $4,350 $3,140 $4,350 $3,140 $4,350 irement I $182,679 $182,679 $182 ,679 $182,679 orne Net $158,688 $158 688 $158,688 $158,688 Bonds $5,164 $5,16 4 $5,164 $5,164 7 (Marital Portion) In with 25% c reduction 47,391 47,391 47,391 47,391 8 s Wife's IRA $17,696 $17,6 $17,696 $17,696 9 Wife's Savings $10, $10,000 $10,000 $10,000 10 Insurance Recovery $12, $12,20 $12,200 $12,200 SUBTOTALS: $190,159 $275, t.7 348,847 $117,291 . $190,159 $260,774 $348,847 $102,086 Total Marital Property: $466,138 $466,138 $450,933 $450,933 Total times 60%: $279,683 $279,683 $270,560 $270,560 Credits fo Gary $4,169 $4,169 $4,3$9 $4,369 RY OWES MARIA: -$46x5 $158,223 $5,417 $164,105 RY OWES MARIA ludi ng Line 7 Cash): I(ln 926 $205,614 $52,808 $211,496 ML IRA (Marital Portion) _ $63,188 Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 GARY P. GORDON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5365 Civil Term MARIA L. GORDON, Defendant CIVIL ACTION - LAW PROOF OF SERVICE -o CERTIFIFn MAIL RECEIPT cc 0 r0 Lrl Posts A `3 0 Certi :2x30 Hfl C3 C3 C3 (Endo Rerstumement Receq e Requ .75 Restricted Delivery F 0 J Postmark ?H@r J cO (Endorsement Required -0 r-q Total Postage & Fees /2 M C3 O N t c,. w G m? S 71, Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 GARY P. GORDON, Plaintiff V. MARIA L. GORDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5365 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 26, 2004. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. f(a)r"?? Date: 1 C> AC4 U - MARIA L. GORDON C = co co Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 GARY P. GORDON, Plaintiff V. MARIA L. GORDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5365 Civil Term CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 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 understand 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. Dat MARIA L. GORDON Q ? G: co f 3 Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 GARY P. GORDON, Plaintiff V. MARIA L. GORDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5365 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 26, 2004. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: S ) =3 s GARY P. GORDON " ° 3 C c? Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 GARY P. GORDON, Plaintiff V. MARIA L. GORDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5365 Civil Term CIVIL ACTION - LAW IN DIVORCE 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 understand that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Date: --7// ?- LZOO) ? P t,- GARY P. GORDON c?a r' ?.?y r W l,- `_ "S t Co -j 4. Jay R. Braderman, Esquire Attorney I.D. No. 07047 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P.O. Box 1245 Harrisburg, PA 17108-1245 Tel: (717) 233-6633 Fax: (717) 233-7003 GARY P. GORDON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-5365 Civil Term MARIA L. GORDON, Defendant CIVIL ACTION -LAW 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 Section 3301(c) or Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the original Complaint: Service of the original Complaint in Divorce was made on October 28, 2004, via U.S. Mail, Certified, Return Receipt Requested, Restricted Delivery, #7003 1680 0006 5638 0856. Original Certified Mail Receipt and Domestic Return Receipt card are attached hereto. 3. Date of execution of the Affidavit required by Section 3301(c) of the Divorce Code: June 16, 2008 by Plaintiff. By Defendant: July 21, 2008. Plaintiffs Affidavit was filed with the Prothonotary contemporaneously with this Praecipe. Defendant's Affidavit was filed with the Prothonotary contemporaneously with this Praecipe. 4. There are no related claims pending. `tea 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiffs Waiver was executed on July 15, 2008. Defendant's Waiver was executed on July 21, 2008. Plaintiff's Waiver was filed with the Prothonotary contemporaneously with this Praecipe. Defendant's Waiver was filed with the Prothonotary contemporaneously with this Praecipe. Respectfu Date: Ja%LK. Oragfefrrbdn.ksouire No. D7047 'Cavery,Aherty oung & Patterson, P.C. 225 arket Sr t, Suite 304 P. . Box 12 5 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Attorney for Plaintiff G S? 1 IN THE COURT OF COMMON PLEAS DIVORCE NOW If *A- ? IT IS ORDERED AND AND GARY P. GORDON PLAINTIFF VERSUS MARIA L. GORDON OF CUMBERLAND COUNTY STATE OF PENNA. DEFENDANT No. 04-5365 CIVIL TERM DECREE IN DECREED THAT AND GARY P. GORDON , PLAINTIFF, MARIA L. GORDON ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE MARRIAGE SETTLEMENT AGREEMENT AND AMENDMENT TO MARRIAGE SETTLEMENT AGREEMENT ARE INCORPORATED WITH BUT NOT MERGED INTO THE DECREE. BY T H ESQ LjKT ATTEST: J PROTHONOTARY -,Rai .?/ -,:5 A.