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Home My WebLink About02-0839 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ~ NO. O~ -!J? Cl0~l~~ NANCY R. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. O~ - fJi C~()~L ~~ CIVIL ACTION - LAW IN DIVORCE NANCY R. KYLE, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Edward L. Kyle, an adult individual residing at 301 S. Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Nancy R. Kyle, an adult individual residing at RD #1, Box 98, Manns Choice, Bedford County, Pennsylvania 15550. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on July 10, 1994 in Bedford County, Pennsylvania. 5. There are no children born of this marriage. 6. The parties separated on July 4, 1995. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with 9 330I(c) and 9 3301 (d) of the Pennsylvania Divorce Code. COUNT II EQillT ABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated 2 herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 40 1 (d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Edward L. Kyle, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce in accordance with ~ 3301(c) and ~ 3301 (d) of the Pennsylvania Divorce Code; B. Equitably distributing the marital property; and c. Awarding other relief as the Court deems just and r able. Dated: February 7 ,2002 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. NANCY R. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING I. 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require 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.A Section 4904 relating to unsworn falsification to authorities. Dated: eJ~ ^ Of? '0 J.... [2d4ff-'7/lc~ Edward L. Kyle . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. NANCY R. KYLE, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, Edward L. Kyle, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: t),J ,&& - () 2- ~ -A'.. " f}, '(>~-f/ Edward L. Kyl . . ",..~. '" HM . ,<' '" . (") c.'J 0 -(Q. .tQ c f'..) ~n () $: -" .." t;J ........ ........ - I:JC::; r,., ~ ..a ..... ~ ...( nll'i l.~) Ii. ~l z::;;::- ~ Ii't ~ ~~~. '.0 ..... , & 8 8 0 lr( r::l.. ~ ~ ~,--. ........ C) D ;;~~"-:; N ~~.. t:~: ~O I I 8 - f' I 2: ~11 ~:iJ ~ f' =< (1"1 ~, ~ ~ ~ ~ - ~ r ~ --- "'\., ~r "~; \ <: ~ , r.-.- ~J ~~ .(1 -. ~ C'l Cl ~ 0 Z t- O >- ...0 ;': <( t- o: u: > <. <- ::i <C 1--- ~~; ~~ c."~ ..J Z .0.1 .:~.,. :J ti <C ..0; -~J (/) '" :i Ul . 0: cD? '" w J- ~ (n u ..J Ul I . ~,~_ ii: 0.. '" Z 1"---:;7 .. C) Z c j!",l:i 0 ::E c W LI; ....:C- ~ :J 0: D.. u- ,"",'- <( (/) lQ ~-) .J Ol 0 0 <( .. z D:: III <C <( .J a: lD w D:: m <( ::E lD :J U S: w z Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-839 NANCY R. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United' States Mail, Restricted Delivery, Certified No. 70000600002838922922, Return Receipt Requested, on the above- named Defendant, Nancy R. Kyle, on February 25, 2002 at Defendant's last known address: RD #1, Box 98, Manns Choice, PA 15550. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are Dated: March 1. 2002 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff subject to penalties of 18 Pa. C.S.A. ~4904 relating to unswor ru '.... .., IT1 .., ru c c postage $ ru ' ru, ..... ,ru Certified Fee .2.10 .1.. Q.20 $ .7.37 Return Receipt Fee tendorsement Required) Restricted Delivery Fee (Endorsement Required) C Total Postage & Feel C ..JI Reclpient'S Name (Please Print Clearly) (to be completed by mailer) : 'S~iio~~i:i~nm_--___-___---_---n___________nnn__________n o -CJtY.-Sftite:'i~+4_.nn.----_.._--._---.----.n--.___.._-"----"--'----'--__.________n___ ~ OIoi . Complete ~ome 1, 2, end 3. Aiao complele 10m 4 ~ Reetricted DelIYery Ie deelred. . flrinl your neme end edd..... on Ihe rev81'88 ~ lhal we can return the cenllo you. . Allach Ihls cenllo Ihe back 01 the mellploce, or on the Ironl ~ space perm~s. ,. MIele Addressed to: Maney R. Kyle ("Will<< ') an *1, Box 98 Manns Choice, PA 15550 d_1rom Item 1? er delivery address below: e "'"" e e v. eNol 3. Service Type ., Certified Mall CJ Express Mail o Registered C Return Receipt for Me III o Insured Mall 0 C.O.D. .. _ Delivery? (Extnl Foe) . .. 2. MIele Number (Copy from service label) IODO PloQD, OO.;l.& 3"8"'1:2 9..9J.;;J.. DoI'I.-tc Allum ~ 102illt' "' U 0152 . j ill,..., 3811, JAI1t 1_ EXHIBIT "A" o ~Q ~3~ -;-~o ~. Ul ~ 7t-::D ~ "39- -- 9 0' - o C 'l~ I~DD :;:;~i,_l ~~ ~ .'_.' ::!.:- .,,,'5::.~O . , ,C'5 o . a r,) ::'I': -eN .:'0 , L~- -T;-; Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-839 NANCY R. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL DISCOVERY AND MOTION FOR SANCTIONS AND NOW, comes the Plaintiff, Edward L. Kyle, by :md through his attorney, Barbara Sumple-Sullivan, Esquire, and files this Motion to Compel Discovery and Motion for Sanctions against the Defendant, Nancy R. Kyle. In support thereof states as follows: 1. The Plaintiff, Edward L. Kyle, an adult individual who currently resides at 301 S. Filbert Street, Mechanicsburg, Pennsylvania, 17055. 2. The Defendant, Nancy R. Kyle, an adult individual who currently resides at RD # 1, Box 98, Manns Choice, Pennsylvania, 15550. 3. The Plaintiff and the Defendant were married on July 10, 1994 in Bedford County, Pennsylvania. 4. The parties separated on July 4, 1995 and have been living separate and apart since that time. 5. On or about February 19,2002, the Plaintiff filed a Complaint in Divorce against the Defendant in the above captioned matter. 6. On or about December 5, 2002, Plaintiff through his attorney, served Interrogatories Propounded by Plaintiff to be Answered by Defendant and a Motion for Production of Documents addressed to the Defendant, in care of Defendant' s counsel. Attached hereto as Exhibit "A" is a true and correct copy of the correspondence transmitting the discovery requests as well as the discovery requests itself. 7. The discovery requests are important in order to obtain information concerning the parties' marital estate, which information is in the possession of the Defendant. 8. By letter dated January 22, 2003, Plaintiffs counsel wrote to Defendant's counsel requesting the status of her client's response to the discovery requests. Plaintiff s counsel requested the responses to be received by January 30, 2003. A copy of said letter is attached hereto as Exhibit "B." 9. On January 28, 2003 at approximately 4:00 p.m., Plaintiffs counsel's office received a telephone call from Defendant's counsel's office verifying she had received letters previously forwarded by Plaintiffs counsel and that Defendant's counsel was in the process of assembling the discovery requests but may not meet the January 31, 2003 deadline. 10. On February 13,2003, Plaintiffs counsel called Defendant's counsel to determine the status of the responses and confirmed with Defendant" s counsel by letter their telephone conversation of that morning wherein Plaintiff s counsel agreed to have the discovery requests answered and to have to Plaintiffs counsel's office by Friday, February 21, 2003. A copy of said letter is attached hereto as Exhibit "C." 11. To date, no responses to the discovery requests have been received. 12. The Plaintiff is not aware of any disputes concerning the discovery requests. 13. The Plaintiff has had to incur additional attorney's fees to try to receive the information set forth in the discovery requests, in the approximate amount of$250.00. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant the following relief. 1. Order the Defendant to answer the discovery requests within ten (10) days of the entry of an Order or be held in contempt of Court. 2. Order the Defendant to pay to the Plaintiff the amount of$250.00, plus any additional attorney's fees incurred to obtain answers to the discovery requests. 3. Order that if the Defendant does not timely answer the discovery requests, that she be prohibited from introducing said evidence at subsequent hearing and any other appropriate sanctions relative to a finding of contempt whit he court would grant such further relief as this Court deem just and appropriate. DATE: February 26, 2003 /" v Barbara umple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff EXHIBIT "A" LAw OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 December 5,2002 Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 Re: Kyle v. Kyle Dear Ms. Lindsay; By letter dated November 4,2002, I had asked for your client's position on resolving the matter without extended litigation. r have received no reply. I see no alternative but to move !!-;.:s matter forward. Please find for response discovery requests. Thank you for your anticipated cooperation. / Barbara Sump Ie-Sullivan BSS/cb cc; Mr. Edward L. Kyle .;';} . i , Barbara Sumple-SuIlivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-839 NANCY R KYLE, Defendant : CIVIL ACTION - LA W : IN DIVORCE INTERROGATORIES PROPOUNDED BY PLAINTIFF TO BE ANSWERED BY DEFENDANT TO: Nancy R. Kyle c/o Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 PURSUANT TO THE PROVISIONS ofPa. RC.P. 4005 and 4006, as amended, you are required to file the original, and serve a copy on the undersigned, of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature, in accordance with the provisions of Pa. RC.P. 4007 as amended. If between the time of filing your original to these Interrogatories, and the time of trial of this matter, you or anyone acting in your behalf learn the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer was incorrect when made, or knows that an Answer thought correct when made is no longer true, then you shall promptly supplement your original Answers under gathJo include such information thereafter acquired, and promptly furnish such a Supplemental AnsW'er oR1:ne undersigned. Dated: December 5, 2002 /~ // . B.V'~S~V~ Esqmre Supreme Court I.D. 32317 549 Bridge Street New Cumberland, P A 17070 INSTRUCTIONS 1. When you are asked to identify anything: a. !fit is a person, give that person's name, address and telephone number. b. !fit is a document, state the nature of the document, its date, identify the person who prepared it and the person in whose possession it is, and a brief statement of its subject matter. c. Ifit is anything other than a person or document, give a brief description of it sufficient to inform as to its nature, location, value, ownership, possession and control, if applicable. 2. "Date of Separation" shall mean August 9, 2000 unless otherwise stated. 3. The words "you" and "your" shall mean the party to whom these interrogatories are propounded. 4. The term "documents" means the original, all copies and all translations of any writing and any written, recorded or graphic material, whether typed, handwritten, printed or otherwise, and any photograph, photostat, microfilm, computer file or other reproduction. "Document" as used herein also means any type of audible recording, any photograph, and any non-identical copy of any document as previously defined, e.g., any copy ofa document as previously defined which differs from any other copy thereof, either by virtue of other material appearing thereon, such as handwriting or typewriting, or otherwise. 5. The term "person" or "persons" refers to any natural person, firm, or corporation, partnership, joint venture, or any other form of business entity. 6. In each instance where you deny knowledge or information sufficient to answer the interrogatory, you are to set forth the name and address of each person, if any, who is known by you to have such information or knowledge. 7. In each instance where you aver insufficient knowledge or information as a ground for not providing information or for providing only a portion of the information requested by an interrogatory, you are to set forth a description of the efforts made by you or anyone acting on your behalf to locate information necessary for such answer. 8. In each instance where you claim an objection or privilege, list a general description of the information with the basis for your claiming a privilege or objection. 9. The interrogatories shall be deemed continuing interrogatories. Between the time of your answers to said interrogatories and the time of trial, if you, or anyone acting on your behalf, learn the identity or whereabouts of any witness not disclosed in your answer, or if you obtain or learn of additional information requested, but not supplied in your answer then you shall promptly furnish a supplemental answer under oath containing the same. 1. Identify: a. Name and address of each of your employers since July 10, 1994; b. Identify the dates of commencement of said employment and the date of termination of employment; c. Your current job title and description of duties; d. Your hours and rate of pay on earnings, specifying gross average weekly salary, wages, commission, overtime pay, bonuses; 1) Identify the formula used by the employer to determine your specific bonuses or commISSIOns; e. Expense and drawing accounts and allowances for transportation and other accommodation and expenses; and f. Your year-to-date pay income from your Current employer. ANSWER: 2. For each employment which you hold or held, state whether you participate, or have a right to participate, or have in the past participated in any of the following employment related benefits, including but not limited to: a. Defmed benefit, defmed contribution, money purchase, or any type of employer pension plan; b. Savings or thrift plan; c. Cash or deferred plan such as a 401(k); d. Profit sharing plan; e. Employee stock ownership or bonus (including tax credit or payroll tax credit employee stock ownership plan); f. Stock bonus plan; g. Tax deferred, 403 compensation plans or any other annuities; and h. Any other employment related benefit not previously disclosed in your Answers to this Interrogatory. ANSWER: 3 ~~~;_2~!,~i;;d;}tt"'$o'A:':i~' _:../'" 3. identify: For each benefit identified in Interrogatory No.2 above in which you participate, a. b. Your date of hire for the employment through which the plan is offered; The date you began to participate in the plan; The date upon which your benefits in the plan are vested; and The name( s) of the person( s) other than yourself who has information relative to the details and amounts of your pension plan benefit. e. f. ANSWER: 4. As of July 4, 1995, please identify by account number and financial institution, each and every bank account, whether savings, share or checking, that you had an interest in, including the names of the institution, the address of the institution and office, the account number, the date of separation and current balances of the account. ANSWER: 4- 5. Identify any and all savings, investments, and/or government bonds cashed in by you or for your benefit since July 4, 1995 and list the proceeds received from each. ANSWER: 6. As of the date of separation on July 4, 1995, identify any and all Certificates of Deposit and/or IRA accounts in your name, held for your benefit, or over which you have signature power over. Please list current balance for each. ANSWER: 7. State whether you are now, or have ever been, an officer, director or partner (limited or general) in any corporation, firm, partnership or limited venture? If yes, identify that entity. ANSWER: 5 8. policy state: c. d. e. f g. ANSWER: Are you the owner or beneficiary on any policies of life insurance? For each such a. b. The name of each owner of such policy; The name of the beneficiary of each such policy; The face amount of each such policy; The accrued cash value of each such policy; The date each policy was purchased; Whether the policy was whole, life or term life; and The nature and amount of any loan against any policy and the date any loan was incurred. 9. As of July 4, 1995, identify all bonds or mutual funds or fund shares which you had an interest in. If so, for each entity to which you own such security, please state: a. The name of the corporation or the issuer; b. The number of shares and the base amount of such asset(s); c. The date(s) such asset(s) were purchased; d. The maturity date(s) of such assets(s), if applicable; e. The current market value of such assets; and f. The dividends paid by each such asset for each year for the last five (5) years. ANSWER: 10. identify: Please identify all parcels of real estate which you have an interest in. In each parcel, a. b. Location or address of property; Date of acquisition; Fair market value as of July 4, 1995 and presently; and If there is a mortgage on the property, the name of the lender, account number, the balance as of date of separation on July 4, 1995 and present balance. c. d. ANSWER: 7 11. List any gifts or contributions made by you in excess of the sum of Three hundred Dollars ($300.00) during the period of 1995 - the present. For each such gift or contribution, state: a. The name of the donee; b. The reason for the gift; c. The amount of such gift; and d. Whether or not any gift tax return was filed in respect to such gift. ANSWER: 12. Please list the name(s)and address of your: a. Accountant(s); b. Stockbroker(s); and c. Investment advisor(s). ANSWER: 8- 13. Identify all personal credit cards, debts, liabilities or claims against you individually or jointly with another person as of July 10, 1994 and July 4, 1995. For each such credit card, debt, or liability state: a. The name of the creditor of such obligation b. The amount of credit line for each obligator; c. The current balance owned upon each such obligator; d. Any balance at separation and whether you believe said obligation is marital debt. ANSWER: 9 14. Identify all motor vehicles, recreational vehicles and! or boats in which you have any interest. For each, state: a. The year, make and model; b. The purchase price; c. The value presently and on July 4, 1995; d. The value of any outstanding lien on July 4, 1995 and presently; and e. All payments you have made on the vehicle since July 4, 1995. ANSWER: 15. Identify any safety deposit box or similar depository which you have or are utilizing including the location of the same, the owners or custodians of same, the registered owners and renters of same, the number or designation, the contents thereof including date, acquisition and value and the identity of all persons with access thereto. ANSWER: 10 16. Regarding all stock certificates which are titled in your name individually or jointly with another, identify the following: a. Issuing corporation or entity; b. Date of issuance; c. Number of shares; and d. Present value of stock. ANSWER: DATED: December 5, 2002 /./~ /4 . ::-- ;/ Barbara Sumple-Sullivan, Esquire I 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD. No. 32317 11 Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-839 NANCY R. KYLE, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served an original and two (2) copies of the foregoing INTERROGATORIES PROPOUNDED BY PLAINTIFF TO BE ANSWERED BY DEFENDANT in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: CaroIJ.Lindsay,Esqurre Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 DATED: December 5, 2002 " Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD. No. 32317 3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-839 NANCY R. KYLE, Defendant CIVIL ACTION - LA W IN DIVORCE MOTION FOR DOCUMENT PRODUCTION TO: Nancy R. Kyle c/o Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 \Jo.lest High Stree~ Carlisle, P A 17013 1. Produce all your individual federal and state tax returns from 1994 to the present, including all schedules and attachments. 2. Produce all documents evidencing the accumulated benefits in any employment plan identified in response to Interrogatory No.2 as of the following dates: (1) Date of marriage; (2) Date of separation on July 4, 1995; and (3) Current value. 3. Produce all statements for each financial account listed in response to Interrogatory No.4 for the period of July 4, 1995 to the present. 4. Produce all statements supporting your response to Interrogatory No.6. 5. Produce all statements or appraisals supporting the values of property listed in response to Interrogatory No.9, as well as any statements supporting the value of the mortgage lien(s) as of date of separation and currently. 1 - .,....~(i~";~~1i:.... :~~~~t. ",:,~""~",:,':'~'._(',,,~,",,-:~,'~";i1~k::';'4~~l.i~~~.;r~~~L!~~~:k;~~ 6. Produce date of separation statements for all credit card(s) or other debts or liabilities which you believe are marital. 7. Produce documents of all post separation payments which you made in satisfaction of any claimed marital debt. 8. Produce any and all applications you have placed for credit since July 4, 1995, including applications for financing, housing or credit. 9. Produce all Corporate Partnership Returns from 1994 to the present for each entity identified in response to Interrogatory No.7. DATE: December 5, 2002 , // /< (~arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 Attorney for Plaintiff 2 Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff : IN THE COl.TRT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-839 NANCY R. KYLE, Defendant : CIVIL ACTION - LA W : IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served an original and two (2) copies of the foregoing, MOTION FOR DOCUMENT PRODUCTION in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 DATED: December 5, 2002 arbara Sumple-Sullivan, Esquire L-549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court J.D. No. 32317 3 EXHIBIT "B" LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 January 22,2003 Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Re: Kyle v. Kyle Dear Ms. Lindsay: Please advise of the status of your responses to the Interrogatories and your research on the medical insurance issue. This matter must be addressed and concluded. I hope to have your responses by January 30,2003 and avoid the need to pursue sanctions for securing the necessary responses. //) .' I / -~! , .' l Barbara Sumple-Sullivan BSS/wlb cc: Mr. Edward L. Kyle EXHIBIT "e" LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 F~(717)774-7059 February 13, 2003 Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 Re: Kyle v. Kyle Dear Ms. Lindsay: This is to confirm our conversation this morning wherein you agreed to have all responses on the Interrogatories and Document Production to my office on Friday, February 21,2003. BSS/cb Sin~1 ./ / /' ~ 7 / . I ) tarbara Sumple-Sullivan cc: Mr. Edward L. Kyle Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-839 NANCY R. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy ofthe foregoing, PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND MOTION FOR SANCTIONS in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: February 26, 2003 Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street) Carlisle, PA 17013 ~ ///:1fi2 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court I.D. No. 32317 -r, 1';'/ ....,.. ~::; <:.. S? r-' 2g ....::. --4 -< ,,) :..,) (.11 -"1 ""J 4,.::; r'J C', .....'..... :31: (j -n '''''f -r-"! en CJ (S -;-"i , '1 r;i EDWARD L. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA \V NANCY R. KYLE, Defendant NO. 02-839 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2003, upon consideration of Plaintiffs Motion To Compel Discovery and Motion for Sanctions, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, P A 17070-1931 Attorney for Plaintiff Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant ~' /w~d- 3 . tJ tf ~ 0.3 q., :rc 'v'lNVi\lASt\!N3d '1' 'n,....!" '.q.. '\ ..." '.~-'A!('V"\ 1\ 1\;; '_),} , "i"";.J :(~~'J"tJ~''ti Iv 6 U : 1\ ~-IV '1- b~~H:O :JO SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle, P A . I EDWARD L. KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 02-839 NANCY R. KYLE, CIVIL ACTION - LAW IN DIVOHCE Defendant ANSWER TO MOTION TO COMPEL DISCOVER AND MOTION FOR SANCTIONS NOW COMES Defendant, Nancy R. Kyle, by and through her attorney, Said is, Shuff, Flower & Lindsay, and files this Answer to Plaintiff's Motion to Compel Discovery and Motion for Sanctions, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. On the contrary, the parties were sHparated on June 17,1997. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied as stated. On or about February 1 ~~, 2003, Plaintiff's counsel did call Defendant's counsel to determine the status of the responses. During that telephone call, the undersigned conveyed the expectation that the discovery requests might be complete by February 21.,2003. By way of further answer, SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYSoAToU W 26 W. High Street Carlisle, P A . I subsequent to the telephone call, the snow storm of February 16/17, 2003 delayed completion of the documents and postponed until after February 21, 2003 the appointment with the Defendant to review and sign them. Nevertheless, it is admitted that counsel for Petitioner, on February 13, 2003, wrote the letter attached to the Motion which letter misstates counsels' telephone call to the effect that the discovelY requests should be prepared by February 21, 2003. 11. Denied. By way of further answer, on March 5, 2003, the discovery requests were provided to counsel for Plaintiff. 12. Admitted. 13. After reasonable investigation, the undersigned is without information sufficient to form a belief as to the truth of the aVHrment in Paragraph 13 and it is therefore denied. By way of further answe!r, even though the discovery has been provided, Plaintiff insists on further litigation. WHEREFORE, Defendant prays this Honorable Court to dismiss the Motion. SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Defendant By: SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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: q/~!tl7 I I uire SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle, PA EDWARD L. KYLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 02-839 NANCY R. KYLE, CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND now, this ~ day of March, 2003, I, Carol J. Lindsay, Esquire, of the law firm of Saidis, Shuff, Flower & Lindsay, Attorneys, hereby certify that I served the within Answer to Plaintiffs Motion this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland PA 17070-1931 SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for D~fendant (") c ~ w "'- :J< -u cr' 'Xi'" I.!) [" ';.0 zt" f'..) ~ .,L~. -J r:' ~ .." ;;f,; C' ::It ,.;.-c:> - > ~'-: r:? ",;;,., ,:;:> :;,( <<.:0 o -n -n ,...;,.~.: ~n .-. ,'..... ..~~ (":) .....:.., " -7'1 )- ;.0 C>.rT1 ..'4 ~ :.< CASE: KYLE V. KYLE CIVIL ACTION - DIVORCE No. 02-839 CIVIL TERM Date: 9-6-04 INCOME AND EXPENSE STA TEMENT THIS FORM MUST BE FILLED OUT INCOME STATEMENT OF: NANCY R. MiLLER-KYLE I VERIFY THAT THE STATEMENTS MADE IN THIS INCOME AND EXPENSE STATEMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE SUBJECT TO THE CRIMINAL PENALTIES OF 18 PA.C.S.~4904, RELATING TO UNSWOHN FALSIFICATION TO AUTHORITY. ~~../.~jh.-, 1~- DEFENDANT SEPTEMBER 6, 2004 DATE INCOME: EMPLOYER: REBECCA'S PERSONAL CARE HOME. INC. ADDRESS: 5868 liNCOLN HWY. MANNS CHOICE PA 15550 TYPE OF WORK: CARE-GIVER GROSS PAY PER PAY PERIOD $6/HR (10-30 HRS/WEEK) AVERAGE = $120.00 PAY PERIOD (V/KLY, BI-WKLY., ETC.) WEEKLY ITEMIZED PAYROLL DEDUCTIONS FEDERAL WITHHOLDING SOCIAL SECURITY 7.44 LOCAL WAGE TAX 1.20 STATE INCOME TAX 3.68 RETIREMENT SAVINGS BONDS CREDIT UNION liFE INSURANCE HEALTH INSURANCE OTHER DEDUCTIONS PA UNEMPLOYMENT .02 MEDICARE 1.74 (SPECIFY) TOTALS NET PAY PER PAY PERIOD $ 105.92_ Service Type Page 1 of 5 Form IN - 008 Worker 10 Income and Expense Statement PACSES Case Number: other (Fill in Appropriate Column) Income WEEK MONTH YEAR INTEREST Dividends 7'5.00 (average) Pension Annuity Social Security Rents 20!iO.00 Royalties Expense Account Gifts Unemployment Compo Workmen's Compensation IRS Refund Other Other TOTAL INCOME EXPENSES (Fill in Appropriate Column) WEEK MONTH YEAR HOME Mortgage/Rent !590.75 Maintenance 190.00 Utilities Electric Gas Oil Telephone Sub total 780.75 Service Type Page 2 of 5 Form IN - 008 Worker ID Income and Expense Statement PACSES Case Number: EXPENSES (Fill in Appropriate Column) continued WEEK MONTH YEAR Water Sewer 120.00 EMPLOYMENT Public Transportation Lunch TAXES Real Estate 2'14.83 2577.94 Personal Property Income (IRS & State) 45.92 551.00 INSURANCE Homeowners 268.42 3221.00 Automobile 55.67 668.00 Life Accident Health Other AUTOMOBILE Payments Fuei 109 00 Repairs 111.00 MEDICAL Doctor 16.00 Dentist Orthodontist Sub total 940.84 Service Type Page 3 of 5 Form IN - 008 Worker ID EXPENSES (Fill in Appropriate Column) continued WEEK MONTH YEAR Hospital 30.00 Medicine 3700 Speciai Needs (glasses, 7.00 braces, orthopedic devices) EDUCATION Private Schooi Guitar Lessons 44.00 College Religious PERSONAL Ciothing 100.00 Food 300.00 Barber/Hairdresser 30.00 Credit payments: 1.00.00 Credit Card Charge Account MembershipS 12.00 LOANS Credit Union M& T Bank Line of Credit 100.00 MISCELLANEOUS Househoid Supplies/Fixtures 50.00 Child Care papers/Books/Magazines 5.00 Entertainment 50.00 Pay TV 44.50 Vacation 42.00 Sub total 915.50 PACSES Case Number: Income and Expense Statement Page 4 of 5 Form IN - 008 Worker iD Service Type PACSES Case Number: Income and Expense Statement EXPENSES (Fill in Appropriatll Column) continued WEEK MONTH YEAR Gifts 8400 Legal Fees 200.00 Charitable Contributions 25.00 Other: Chiid Support Aiimony Payments OTHER: Sub total 309>.00 Total Expenses 2946.09 Page 5 of 5 Form IN - 008 Worker 10 Service Type "" <:>;:,:l ('-) C':) ..1::- 'n C) r-) I -.J ~ ''') .....::-.- ---I W -< (,J'I -, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-839 EDWARD L. KYLE, vs. Defendant CIVIL ACTION - LAW IN DIVORCE NANCY R. KYLE, INVENTORY OF Defendant Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced an all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein made are subject to the penalties of 18 Pa. C. S. S 4904 relating to unsworn falsification to authorities. -7T~r-/.~;hA,~A. Defendant ASSETS OF THE PARTlIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options (X) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates (X) 7. Contents of safe deposit boxes (X) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) (X) 10. Annuities ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( 14. Personal property outside the home (X) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/ award 2 ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryNA benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and and attach itemized list if distribution of such assets is in dispute) (X) 26. Other 3 MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Value Number of Property All Owners 1 301 S. Filbert Street, Edward L. Kyle $95,000.00 Mechanicsburg Nancy R. Kyle-Miller 1 205 S. Filbert Street, Edward L. Kyle $95,000.00 Mechanicsburg Nancy R. Kyle-Miller 3 25 US Savings Bonds-face Edward L. Kyle $2,500.00 value Nancy R. Kyle-Miller 5 M& T Bank checking account Edward L. Kyle $1,000.00 (estimated) 5 1st American Bank checking Nancy R. Miller-Kyle $-82.41 account #430-20866 6 M& T Bank savings account Edward L. Kyle Unknown #15004200218144 6 1st American Bank savings Nancy R. Miller-Kyle $-821.23 account #76352 9 Life Insurance Policy on Edward L. Kyle Unknown Edward L. Kyle (Nancy R. Miller-Kyle is beneficiary) 18 USPS Pension Edward L Kyle $1,732.02/monthly 26 Rental Income Edward L. Kyle Unknown Nancy R. Kyle-Miller 26 Husband's Accumulated Leave Edward L. Kyle $13,500.00 4 NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number 1 1 1 2 3 3 4 6 Description of Property 8 acres with 4 rental units (purchased 1988) 12 acres with Mobil Home (land purchased 1988, Mobil home purchased 2002) 1 acre of wooded land 1989 Chrysler New Yorker Prudential Financial Stock Fund #13107996 (48 shares) Prudential High Yield Bond Fund #02900000613 M& T CD account #31003910679918 1st American Bank savings account #81202 7 Safe Deposit Box at 1st American Bank (contains important papers, birth certificates, etc.) 8 Trust (Nancy R. Miller Trust) 10 Hartford Annuity Contract #210233719 10 Prudential Financial Annuity #97568849 15 Rebecca's Personal Care Home, Inc. 5 Reason for Exclusion Premarital Premarital/post separation Pre-marital (gifted to son and daughter in law) Premarital Premarital Premarital Opened after separation Opened post separation Premarital Premarital Opened with premarital money Opened with premarital money Premarital (company ownership transferred to son after separation) PROPERTY TRANSFERRED Item Description Number of Property None Date of Transfer Consid- eration 6 Person to Whom Transferred Item Description Number of Property 24 Mortgage on 301 S. Filbert St., Mechanicsburg LIABILITIES Names of All Creditors Names of All Debtors M& T Bank Edward L. Kyle Nancy R. Miller-Kyle 7 U") ?': C'} N "7 -, LU , () ~:!i:: G: ~;- , .l~ C) r- T C') I LU , f."- .".'"lLl C,_) i:.i:.:C 1-. C) 1..1... c:., 'j 0 'C..:~ U ,.... MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this Z?;; day of ;::151 (! a zlj ,2005, by and / between EDWARD L. KYLE, hereinafter referred to as "HUSBAND", and NANCY R. KYLE, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on July 10,1994, in Bedford County, Pennsylvania; WHEREAS, there were no children born of this marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable 2/1 0/2005 2/1 0/2005 2 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: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Carol J. Lindsay, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure oftheir legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable This provision shall not be 2/1 012005 3 taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2/1 0/2005 4 The parties agree that the Affidavit of Consent and the Waivers of Notice shall be signed simultaneously with the signing of this Marital Settlement Agreement. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the 2/1 0/2005 5 proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions ofthis release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or This Agreement shall, except as otherwise provided herein, be binding upon and inure to demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; and that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and 2/1 0/2005 6 2/1 012005 7 pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States 211 0/2005 8 Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties in 1994 and 1995, said tax, penalties or interest shall be the sole responsibility of the party found to have made the mistake The party responsible for the mistake shall suffer the consequences solely and hold the opposite party harmless. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties do 211 0/2005 9 hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE 1) 301 and 205 South Filbert Street: The parties jointly own property at 301 South Filbert Street and 205 South Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "the Properties"). The home at 301 South Filbert Street is encumbered by a mortgage held by M&T Mortgage, formerly Farmer's Trust Company. HUSBAND desires to regain sole title and ownership to these Properties. WIFE agrees to convey all her rights, title and interest to these Properties to HUSBAND upon the condition that HUSBAND refinances the existing mortgage debt on 301 South Filbert Street. Incident to the refinancing of the 301 South Filbert Street property, HUSBAND agrees to pay to WIFE the sum of FORTY-FIVE THOUSAND DOLLARS ($45,000.00). HUSBAND shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the Properties. HUSBAND waives any and all claims against WIFE for her failure to contribute towards said costs and expenses. HUSBAND hereby agrees to indemnifY and hold WIFE harmless from any obligations as evidenced above associated with these Properties. WIFE further agrees to waive any claims against HUSBAND for rentals or 2) 5865 Lincoln Hil!hwav and 133 Hauck Hollow Lane: WIFE acquired two other benefits received from the Properties. WIFE agrees to execute the deeds transferring all her rights, title and interest in the Properties to HUSBAND simultaneously with the execution of this Agreement. These deeds shall be held in escrow by WIFE'S counsel and recorded upon HUSBAND'S successful completion of the refinancing of the mortgage debt and payment to WIFE of the FORTY-FIVE THOUSAND DOLLARS ($45,00000). HUSBAND shall have ninety (90) days from the execution of this Agreement to refinance the 301 South Filbert Street mortgage. Upon refinance and release of the sum of FORTY-FIVE THOUSAND DOLLARS ($45,000.00) to WIFE, WIFE's counsel shall release said Deeds for recording. separate properties in 1988, prior to the parties' marriage. These properties are as follows: a) Eight (8) acres ofland located at 5865 Lincoln Highway, Manns Choice, Bedford County, Pennsylvania. This property included one house and three rental mobile home units. A loan from the First American Bank (Acct. No. 401243760) encumbers this property currently; and b) Twelve (12) acres ofland located at 133 Hauck Hollow Lane, Manns Choice, Bedford County, Pennsylvania. This property included one doublewide mobile home that was acquired in July, 2002, after separation. There is no lien encumbering this property. WIFE shall retain the properties located at 5865 Lincoln Highway and 133 Hauck Hollow 211 0/2005 10 211 012005 11 Lane as her sole and separate property. HUSBAND hereby waives and relinquishes any claims he would have in increase in the value in either property. WIFE shall indemnifY and hold HUSBAND harmless from any debt due and owing on these two properties, including mortgage, taxes, interest and insurance. C. REBECCA'S PERSONAL CARE HOME During the marriage, WIFE owned all of the outstanding and issued stock in Rebecca's Personal Care Home. This corporation was gifted to her son, Dustin C. Miller, on May 1, 2002. HUSBAND waives and relinquishes any interest he may have had in the increase in the value of the stock from the date of marriage to the date of the parties' separation. D. MOTOR VEHICLES No vehicles were acquired by either party from the date of marriage to the date of separation. Each party shall retain any vehicle individually titled in their own name and indemnifY and hold the other party harmless from any debt due and owing on same. The parties also agree to waive, release and relinquish any interest they may have in the other's vehicle. E. FINANCIAL ASSETS 1) Savinl!s Bonds: HUSBAND is the owner of twenty-five (25) United States EE Savings Bonds. Each has a face value of One Hundred Dollars 00/100 ($100.00). WIFE waives any claim to these Bonds and agrees that any interest gained during 5) the marriage shall be the sole and separate property of HUSBAND. 2) Certificates of Deposit: WIFE owned a Certificate of Deposit from M&T Bank prior to the parties' marriage. WIFE cashed in this Certificate of Deposit after the parties' separation. WIFE currently owns a Certificate of Deposit from M&T Bank (CD No. 21003910679918). HUSBAND waives and relinquishes any interest in the principal, interest and proceeds of both Certificates of Deposit. 3) Investment Plan: WIFE is the owner of a Variable Investment Plan Annuity. This includes various rollovers from WIFE's previous investment accounts which WIFE represents were not acquired during the marriage. HUSBAND waives and relinquishes any interest he may have in the increase in any accounts or any of the previous accounts rolled over into same. 4) Stock: WIFE is the owner of several shares of stock from Prudential Stock, Prudential Financial and Hartford Life. WIFE warrants that these stocks were all acquired after separation. All shares shall be the sole and separate property of WIFE and HUSBAND waives any and all claims in the property. Financial Accounts: The parties owned several bank accounts during the marriage. WIFE owned a checking account (No. 43020866) and two savings accounts (Nos. 76352 and 81202) from the First American National Bank of Everett and Mid State Bank. HUSBAND owned a savings and checking account with M&T Bank. These various checking and savings accounts were divided to the mutual satisfaction of both parties and each party waives any further claims 2/1 012005 12 211 012005 13 thereto. F. PENSIONS AND RETIREMENT HUSBAND is the owner of a pension through the United States Postal Service. The parties' acknowledge that a very nominal portion of the pension was actually acquired from the date of marriage to the parties' date of separation. Nevertheless, HUSBAND agrees to assign to WIFE the sum of ONE DOLLAR ($100) per month in the form of a survivor annuity benefit in order to allow WIFE to participate in the spousal equity program of the United States Government for medical benefits. HUSBAND shall cooperate to execute any documents needed to effectuate this Domestic Relations Order. But for the ONE DOLLAR ($100) interest in the survivor annuity, WIFE waives any and all claims to HUSBAND's pension and same shall be HUSBAND's sole and separate property. WIFE shall be solely liable for any and costs related to her medical coverage and HUSBAND shall bear no responsibility for payment. Each party warrants that he or she does not own any other pension or retirement account in addition to the pension listed above. G. INSURANCE Each party shall retain any life insurance policy over which they have ownership. 211 0/2005 14 H. PRIOR CASH PAYMENT TO WIFE WIFE had previously received approximately FOURTEEN THOUSAND DOLLARS ($14,000.00) from HUSBAND at or near the time of separation as payment for his annual leave at the time of repayment. Said sums shall be WIFE's sole and separate property and HUSBAND waives any claim for refund or return of said sums. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnifY and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. To the best of the parties' knowledge, they affirm no other joint debts exist and all joint credit cards are terminated. SECTION III ALIMONY. ALIMONY PENDENTE LITE AND SUPPORT Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are WITNESS f'd/ub/f-y,:tj:/ EDWARD L. KYLE accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees SECTION IV CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. "~~~Cyli.~YL~! J'L,- 2/10/2005 15 . COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared EDWARD L. KYLE, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief ribed to before me this ? 3 , j day J:o'!i('/I'S/, 2005. / /' ,.. My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF C.U'"Y"J.t ~ a ~ NOTARIAL SEAL ( EAL)BARBARA SUMPlE-SUlllVAN Notal" Public NEWCUMBERlAND BOROUGH CUMBERlAND COUNlY MV Commission Expires No... 15, 2007 ) ) SS ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared NANCY R. KYLE, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this~(\q day Of,Jeb ,2005. (SEAL) NOrARIAl SEAl. MERlENE J. MARHEVKA. NOTARY PUBlIC CARLISLE. CUMBERLAND COUNTY. PA ,:,,~: COMMISSION EXPIRES JUNE 8, 2006 16 211 0/2005 EDWARD L. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 839 CIVIL NANCY R. KYLE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 7") day of )/liuU 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated February 23, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, ,J. cc: ~bara Sumple-Sullivan Attorney for Plaintiff ~J. Lindsay Attorney for Defendant :1'0-' 03,0 ~r':'- ,:y) \.S :6\ \,\-,'1 L - tl'l'A C,~~7, fj-;j c:,:;.:\\;:j"d -;\~l.. ::0 _, ..... -:;(",IJ.Jr'l-0::n\_1 ::,0\,--.... ~-" p - 'WJO;~'Se <-,\\\"?>>- I>e-?V 1 .>n..,t'" Sv,.;r:.? 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"'e~'l-t\\~ ~ectee. . . ,,<:>\\.C,).\IC,) \:'Jo~ ) \ \0 \,. . \0 \~e 1'- i,,\c,e \'C> . ,",<:> \; .",,'" ,....." ",.~,.,.I '.1';1'.'" "';. \)~\ \,0\ \\\ ' 'C>\\\\'" '<' , ~ '3o\:'Je~ ! ".., ,,,,, <;pI".'" ' I I . '). 'J,\,)\,)":>' \)'30\e 1 'J,\,)\,)":>' ! su\\\:'J'30'C>,1 ~"..~.~"... ~",0' "",,,,,,,.., . ~~'~i...' ,""" "" , ')A9 y; 'e:Je~\'30'C>\\' <:> 'j.\j<:>') -'e'" C\).~ AA') v.>"" ' ,- '1) 1'1..1 '" ." '0.,00 [1' c""'" Su,\?~e~e \o~ <(\i\-r.\\ I'>\\o({\e'J :'J. ",~v" .""C'\'\'-.' 1'-1'>" \\"O--r.\ \)e\e~ ~J 0\"0- ~ \ot e-r.'(' J \'r<ec,o-V: , ~ \0 ""'"0-\\0'" . \'C>\o~'" c. \~o",\-r.\b ~. ,,;>e ,0' \\)O~o\~ . et vi\\'r< \: \)e "to ' \o\be\~ ,\0'1. tec,otl.>' ~tt\\\ \'r<e ,\t'30W' \\ec,~ee. . o~c,e. \\\:'Jo~c,e \\ \O~ \)\:'J G~ouw .... Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EDWARD L. KYLE, Plaintiff v. NANCY R. KYLE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 02-839 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy ofthe foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: March 10,2005 Carol J, Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, P A 17013 1/ Bar ara Sumple-Sul1ivan 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff (...--:; o " n f'-,) r"":; EDWARD L. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-839 NANCY R. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT ]. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February] 9, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE:C:';Z -1- .7,u-;~ sd:; , ;11/' e-/ . --:_</c.:?;~v - ~ / EDWARD L. KYLE / r<) r",,) EDWARD L. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-839 NANCY R. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verifY that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. tj4904 relating to unsworn falsification to authorities. DATE (k 1.3. D s~ (,' -;"1 r"-,) f..,,;. EDWARD L. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-839 NANCY R. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 19,2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 07-~,J. 06~ -~1ji~~~L~~L ", C'::',) c::::r .:.:;.n ;..il: "".'.", ::-CO Q -1I ~-n rl1-::; -~.,~rl ..bc) :>~ )~ :'...,\ i.~) <,~,~ -.~ :X? I --1 ~ ~:;,; w EDWARD L. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-839 NANCY R. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER !l3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: 02.;;J,;) - 0 .;- / ~ '---7.-/ - ~:;- 7.0>70 ~/ . ^ 'fLL. NANCY KYLE "" ~i~ <-'" ::c ~,.::::r. ;'7',;) I -.l 4:! -- -'- ~ .... :1": -OJ rnf'- ""111.' :t~) CJ l~'-\L "'.~j ~-j-~ l"-I'\ ":,:",) ("';; .'/:""':1 C)' . .:-1 -",,. f1J .~ .- ~ t,.,) , , Barbara Sumple-SulIivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 EDWARD L. KYLE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 02-839 NANCY R. KYLE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sump1e-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 70000600 00283892 2922, Return Receipt Requested, on the above- named Defendant, Nancy R. Kyle, on February 25, 2002 at Defendant's last known address: RD #1, Box 98, Manns Choice, PA 15550, The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certifY that the facts set forth above are true and correct to the best of my knowledge, information and belief, I understand that any false statements made herein are Dated: March 1, 2002 subject to penalties of 18 Pa, C,S,A, ~4904 relating to unswo~ ,./ Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff . ~ U,S, Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) ru ' ru, .... ru t:l t:l ...D Recipient's Name (Please Print Clearly) (to bi! completed by mailer) : ~N:Rt;~il nnnn'. t:l CJ -tity:Siate.'Z{P+4 r-- Manns Choi 'ru .... '" I"Tl Pos-(nge .$ Certified Fee '" ru t:l t:l Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees .2.10 U.50 I 1 nj Q.20 $t7.37 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Nancy R. Kyle (W\\I\e.{ ') RD #1, Box 98 Manns Choice, PA 15550 2. Article Number (Copy from service label) PS Form 3811, July 1999 o Agent o Add...... o Y.. o No 3. Service Type ...a Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) iii Y.. -)000 MoDO OOJ-8 3"'&'1 :2;< '1;2,;l", Domestic Return Receipt 102595-00-M-0952 EXHIBIT IIAII O() Y p. ~ 3(:' ?;-~r;? ~0\"\-- - 0. ~ 1';:- ::D'" 39-- o o -:}'? eo ~o '.P'2. z ~ ~~ ~~~~~~~~~~~~~~~ ~~~~~~ ~~+~+~~+~~++~~+++~~~+~~~++~~+~+~+++~++++~+~++~++++++++~ + + + + + + + + + + + + + + " " " " + " + " " " " " " " " " " " " " " + + " " " " " + " " " + + + " " " " " " + + + " + " " " + + + + " + " + + + + + " + + " " + + " " " + + + + " + + + + " + + + + + + " + ++ + + + ~ + ~ + + . + . . . + . . + + . + + + + + + + + + + . " + + + + + + + + + + + . + + + + . + + + + + + + + + + + + + + + + + . + + + + + + . + . + + + . + + + + . + + + . . . + + + + + . . + . + + . . + + . + + . + ~~+~~+~+~+++~~+++~++~++~~+~++++++~++++++++++++++++++++++t+++++++t+++~ IN THE COURT OF COMMON PLEAS STATE OF EDWARD L. KYLE, Plaintiff VERSUS NANCY R. KYLE, Defendant AND NOW, DECREED THAT AND OFCUMBERLANDCOUNTY PENNA, N 02-839 O. DECREE IN DIVORCE v0 )J (t.. I x 2005 , ]T ]S ORDERED AND EDWARD L. KYLE , PLA]NT]FF, NANCY R. KYLE , DEFENDANT, ARE D]VORCED FROM THE BONDS OF MATR]MONY. THE COURT RETA]NS JUR]SD]CT]ON OF THE FOLLOW]NG CLA]MS WHICH HAVE BEEN RA]SED OF RECORD ]N TH]S ACT]ON FOR WHICH A F]NAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved between the parties pursuant to the Settlement Agreement dated February 23, 2005 and incorporated, but into the Decree. Marital not merged, J. ATTEST' PROTHONOTARY ~ - ~fzp ~ ~?;? ~P'.4 ~q;>- 1(- [' ,?,~-r,4~l)?~~4? -rv ~ II:"F .-:..., ,..~ . I R I ECEIVED APR 18 ZOO~ Edward L. Kv1e Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION - LAW Nancv R. Kv1e (nlkla Nancv R. Miller-Kv1e) Defendant NO, 02-839 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant, It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee pursuant to a Marital Settlement Agreement entered into on February 23, 2005. 4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. Edward L. Kyle ("Participant") is a Participant in the Plan. Nancy R. Kyle (nlkla Nancy R. Miller-Kyle) ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO, 5, The Participant's name, mailing address, Social Security number and date of birth are: Edward L, Kyle 301 S. Filbert Street Mechanicsburg, PA 17055 Social Security No.: 159-24-8472 Date of Birth: February 19,1934 6, The Alternate Payee's name, mailing address, Social Security number and date of birth are: ...... ~. DRO Page 2 of 3 Nancy R. Kyle (n/kJa Nancy R. Miller-Kyle) 133 Hauck Hollow Lane Manns Choice, PA 15550 Social Security No.: 166-32-4993 Date of Birth: October 23, 1940 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. The Participant is currently retired and receiving a monthly benefit under the Plan. Upon retirement he elected to provide a survivor annuity to Nancy R. Kyle, n/kJa Nancy R. Miller- Kyle. 8. The sole purpose of this DRO is to require the Participant to provide the Alternate Payee with a former spouse survivor annuity in an amount equal to $1.00 per month, .~ It'" . DRO Page 3 of 3 9. The Court of Co=on Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment or right of the Court to so amend will invalidate this Order, Accepted and Ordered thil~ day of -. ,~ BY THE COURT CONSENT TO ORDER: P~TIFFfPPJRTICIPANT DEFENDANT/ALTERNATE PAYEE ,~~,/ )d/~~"/ ;:( ~~ Signature ' =-;r/;/Y<hJ- J( --ffl ~ ~L Signature ~ !}.;l-c))-.:;.:; ~- ;';-1/- O~ Date Date ATTORNEYFORDEFENDAN~ ALTERNATE PAYE '7 )/ tiv If \~ [i) Signature Date Date lP' f'.l 82: ~G :! .A~ ------~-,- , I ~ _" "-" !~ ''', SGD'Z T tL :1D ;:::'