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05-1615
MARCIA F. POTTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 195- /41f5 CIVIL TERM ROBERT D. POTTS, : IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE ORANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT D. POTTS, DEFENDANT NO. 05-1615 CIVIL ORDER OF COURT AND NOW, this 21 st day of April, 2008, after hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED as follows: 1. Legal Custody: Marcia F. Potts (hereinafter referred to as Mother) and Robert D. Potts (hereinafter referred to as Father) shall jointly share legal custody of Jehnika L. Potts, born June 2, 1991, and E. Jordan Potts, born February 16, 1993 (hereinafter referred to as children.) 2. Physical Custody: Mother shall have primary physical custody of the children subject to periods of partial custody with the Father as follows: A. A minimum of 24 hours with each child during any calendar month. The children may be seen separately or together. Given the ages of these children, Father shall communicate directly with the children to set up meaningful periods of visitation consistent with each party's personal schedule. Father shall endeavor to provide quality activities which will promote reunification of the children with him. B. The children shall cooperate with their Father's visitation requests and generally attempt to accommodate his requests. Should the required number of hours per month not be met as a result of the children failing to schedule time with their Father, the Court will revisit this order and institute a formal set schedule for temporary custody visitation. C. Father shall pick up the children from and return them to Mother's residence for each period of his partial custody. 3. Holidays: On or before August 1, 2008, the parties with the input of the children shall submit to the Court a proposed schedule of Holidays beginning with Labor Day 2008. Holiday visitation will be in addition to the normal 24 hour period Father has with each child. IT IS FURTHER ORDERED AND DIRECTED that a status conference in this case will be held on August 1, 2008, at 11:00 a.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania, to review the reunification status of these children with their Father and the proposed Holiday schedule. By the Court, 1?\ -t ?" M. L. Ebert, Jr., '10 J. ?mily Law Clinic Counsel for Mother ,panne Costopoulos, Esquire Attorney for Father C/ v indy L. Hribal, Esquire J Attorney for Jehnika L. Potts ?a .\ • bas 0 ,r -Q_ ;: t 1 MARCIA F. POTTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. CIVIL TERM ROBERT D. POTTS, : IN DIVORCE Defendant COMPLAINT UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff, Marcia F. Potts, by her attorney, Lindsay D. Baird, Esquire, sets forth the following: 1 Plaintiff, Marcia F. Potts, is an adult individual residing at 345 Peach Glen Road, Gardners, Pennsylvania 17324. 2 Defendant, Robert D. Potts, is an adult individual residing at 1600 Randall Road, York, Pennsylvania 17403. 3 The parties were married on December 24, 1988, in Cumberland County, Pennsylvania. 4 Defendant has lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. 5 This action is not collusive. 6 sere have been no prior actions for divorce or annulment in this or any other jurisdiction within knowledge of the Plaintiff. 7 In accordance with Section 3301(c ) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. Li sdy D. Baifd, sc /Attorney for the Main 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS §4904 relating to unsworn falsification to authorities. N, 6 ? ? a- r-, k- - Marcia F' Potts, Plaintiff c? C 1 G' O7 MARIA P. COGNETTI & ASSOCIATES JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Robert D. Potts MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS Plaintiff VS. ROBERT D. POTTS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1615 CIVIL TERM CIVIL ACTION -LAW DIVORCE DEFENDANT'S PETITION FOR SPECIAL INJUNCTIVE RELIEF TO PREVENT DISSIPATION OF MARITAL ASSETS AND NOW comes the Defendant, Robert D. Potts, by and through his attorney, Jeann6 B. Costopoulos, Esquire, and files this Petition for Special Injunctive Relief to Prevent Dissipation of Marital Assets, and in support thereof, avers as follows: 1. 2. 3. 4. 5. 6. Petitioner is Robert D. Potts, Defendant above, hereinafter referred to as Husband. Respondent is Marcia F. Potts, Plaintiff above, hereinafter referred to as Wife. Wife filed a Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code on March 28, 2005, Husband is simultaneously with the instant Petition filing a Petition for Related Claims seeking equitable distribution of marital property. Husband and Wife are owners of certain real property and other assets, which are, although marital, titled in the name of Husband individually and Wife individually. Husband believes that Wife is considering a sale of real estate or other assets related to a business in which Husband maintains a marital interest, but the assets of which are titled in Wife's name solely. 7. Husband believes that if not specifically prohibited from doing so, Wife will dissipate, alienate or otherwise encumber property titled in her name solely, despite Husband's marital interest in such property. 8. It is believed and averred that the actions of Wife if she were to dissipate these assets in which Husband holds a marital interest would be contrary to the interests of Husband and would violate the obligations owed by Wife to Husband under the Divorce Code. 9. The selling, transferring, disposing, encumbering, concealing, removing or alienating assets without the consent of Husband would defeat Husband's right to equitable distribution of the marital estate. 10. Section 3323(f) of the Divorce Code provides in relevant part: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party... 11. Section 3505(a) of the Divorce Code provides: Where it appears to the court that a party is about to ... dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or a similar award, an injunction may be attached as prescribed by general rules. 12. Pennsylvania Rule of Civil Procedure 1920.43(a) provides: At any time after the filing of the complaint, on petition setting forth facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief. 13. Husband is without the means to post security and while the Rule 1531 provides for the filing of security, exceptions to this requirement exist in the area of family law. See Wenz v. Wenz, 400 Pa. 397, 162 A.2d 376 (1960). WHEREFORE, Husband prays this Honorable Court to issue a preliminary injunction until hearing and finally thereafter, enjoining Wife from disposing, transferring, encumbering, concealing, selling, removing, or alienating any property, real or personal, absent written agreement between the parties. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES By: J ANNE B. COSTOPOUL , SQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 ATTORNEY FOR DEFENDANT Dated: Zll2 U MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-1615 CIVIL TERM ROBERT D. POTTS, CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, R. Douglass Potts (a/k/a Robert D. Potts), Defendant in the above-captioned case, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: 0 CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, Attorney for Defendant herein, Robert D. Potts, do hereby certify that on this date I served the foregoing Petition for Special Injunctive Relief to Prevent Dissipation of Marital Assets, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Lindsay D. Baird, Esquire 37 S. Hanover Street Carlisle, PA 17013 Date: 11210 BY: Je e . Costopoulos, Esquire Pa. Supreme Court ID No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 ATTORNEY FOR DEFENDANT N lal r 6:t 1 ) crl% psi" t. 1% MARIA P. COGNETTI & ASSOCIATES JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Robert D. Potts MARCIA F. POTTS, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-1615 CIVIL TERM ROBERT D. POTTS, CIVIL ACTION -LAW Defendant DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for Defendant, Robert D. Potts, in the above captioned matter. Date: Z! '? BY: J e B. Co?????; stopoulos, Esquire Pa. Supreme Court ID No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 ATTORNEY FOR DEFENDANT r -% CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for Defendant herein, Robert D. Potts, do hereby certify that on this date I served the foregoing Praecipe by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Lindsay D. Baird, Esquire 37 S. Hanover Street Carlisle, PA 17013 Date: Zr' 21 ?? BY: Jeanne B. Costopoulos, Esquire Pa. Supreme Court ID No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 ATTORNEY FOR DEFENDANT p N Q rri ur3 ! I1 Q _ ON 4 L? t :.` ril MARIA P. COGNETTI & ASSOCIATES JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Robert D. Potts MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT D. POTTS, Defendant : No. 05-1615 CIVIL TERM CIVIL ACTION -LAW DIVORCE DEFENDANT'S PETITION FOR RELATED CLAIMS PURSUANT TO PA.R.C.P.1920.15(b) AND NOW comes the Defendant, Robert D. Potts, by and through his attorney, Jeanne B. Costopoulos, Esquire, and represents as follows in support of this Petition: 1. Petitioner is Robert D. Potts, Defendant above-named, hereinafter referred to as Husband. 2. Respondent is Marcia F. Potts, Plaintiff above-named, hereinafter referred to as Wife. 3. Husband and Wife were married on December 24, 1988. 4. Wife filed a Complaint Under Section 3301(c) or (d) of the Divorce Code on March 28, 2005. COUNTI EQUITABLE DISTRIBUTION OF PROPERTY 5. Paragraphs 1 through 4 above are hereby incorporated herein be reference as though fully set forth. 6. During the marriage, the parties have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. 7. In order to effectuate economic justice between the parties, Husband requests this Honorable Court to enter a fair and just determination and settlement of the parties' property rights. WHEREFORE, Petitioner requests this Honorable Court to equitably divide and distribute the marital property of the parties in accordance with the Divorce Code. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES By: ANNE B. COSTOPOULO , ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 ATTORNEY FOR DEFENDANT/PETITIONER Dated: Z// z X0 z 1 MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 05-1615 CIVIL TERM ROBERT D. POTTS, CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, R. Douglass Potts (a/k/a Robert D. Potts), Defendant in the above-captioned case, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: /a 0 CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, Attorney for Defendant herein, Robert D. Potts, do hereby certify that on this date I served the foregoing Petition for Related Claims, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Lindsay D. Baird, Esquire 37 S. Hanover Street Carlisle, PA 17013 Date : Z<C Zl BY: eann6 B. Costopoulos, Esquire Pa. Supreme Court ID No. 68735 MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 ATTORNEY FOR DEFENDANT Q v ? E" 5rn N ' ? 7J MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-1615 CIVIL ROBERT D. POTTS, CIVIL ACTION - LAW DEFENDANT IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 27th day of February, 2007, upon consideration of the Defendant's Petition for Special Injunctive Relief to Prevent Dissipation of Marital Assets, IT IS HEREBY ORDERED AND DIRECTED that the Attorneys for the parties will attend a status conference on this matter to be held Wednesday, March 7, 2007 at 8:05 a.m, in chambers of Courtroom No. 5 in the Cumberland County Courthouse, Carlisle, Pennsylvania. At the Status Conference Counsel will be prepared to discuss the following: 1. What property is currently in jeopardy? 2. What is the value of this property? 3. Does the Plaintiff have any present intention to dispose of any marital property or is she willing to agree to an order not to dispose of marital property? IT IS FURTHER ORDERED AND DIRECTED that until conclusion of the status conference, or further order of court, the Plaintiff shall not dispose, transfer, encumber, conceal, sell or remove any marital property absent a written agreement between the parties. By the Court, indsay D. Baird, Esquire Attorney for Plaintiff /eanne B. Costopoulos, Esquire 1 Attorney for Defendant bas ,vt Lav M. L. Ebert, Jr., J. 'c ,,l t.1 :k' N-'Jld Z q :01 WV LZ 03A LOOZ AEfvlC N, ;•riCn' 31Nl JO MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-1615 CIVIL ROBERT D. POTTS, CIVIL ACTION -LAW DEFENDANT IN DIVORCE IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 7th day of March, 2007, after conference with counsel in this matter, IT IS HEREBY ORDERED AND DIRECTED that consideration of the Petition for Special Relief is generally continued. In the interim, Plaintiff Marcia F. Potts agrees not to sell or dispose of any marital property without agreement of counsel. M. L. tDer[, Jr., Xdsay D. Baird, Esquire Attorney for Plaintiff ,-d anne B. Costopoulos, Esquire Attorney for Defendant bas By the Court, I l P. pp A. ? j L- ?l?711 1002 .10 JEAM4 B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Petitioner/Defendant MARCIA F. POTTS, : THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT D. POTTS, Defendant/Petitioner : No. 05-1615 CIVIL TERM CIVIL ACTION - AT LAW CUSTODY PETITION FOR RELATED CLAIMS PURSUANT TO PA.R,C.P.1920.15(b) COUNT I - COMPLAINT IN CUSTODY AND NOW, comes Petitioner, Robert D. Potts, by and through his attorney, Jeannd B. Costopoulos, Esquire, and avers the following in support of this Complaint in Custody: 1. Petitioner, Defendant above, Robert D. Potts, is an adult individual currently residing at 46 Westview Manor, York, Pennsylvania, 17404. 2. Respondent, Plaintiff above, Marcia F. Potts, is an adult individual currently residing at 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania, 17324. 3. There are two dependent children from the relationship of the parties, namely Jehnika L. Potts, born June 2, 1991, and E. Jordan Potts, born February 16, 1993, hereinafter referred to as the children. 4. The parties were married on December 24, 1998. The children were not born out of wedlock. The parties have been separated since May 5, 2002. 5. The children are presently in the custody of Respondent, who resides at Peach Glen Road, Gardners, Cumberland County, Pennsylvania, 17324. 6. During the past five (5) years, the children have resided with the following persons at the following addresses: Name Address Dates Respondent 345 Peach Glen Road 5/5/02 to present Gardners, PA 17324 Petitioner 345 Peach Glen Road birth to 5/5/02 Respondent Gardners, PA 17324 7. Petitioner is the natural father of the children and he currently resides at 46 Westview Manor, York, Pennsylvania, 17404. 8. Respondent is the natural mother of the children and she currently resides at 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania, 17324. 9. The relationship of Petitioner to the children is that of natural father. Petitioner currently resides with his mother, Jeannette H. Potts. 10. The relationship of Respondent to the children is that of natural mother. It is unknown by Petitioner with whom Respondent resides other than the subject children. 11. Petitioner has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 12. Petitioner has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 13. Petitioner does not know of a person not a parry to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the 2 children. 14. The best interest and permanent welfare of the children will be served by granting Petitioner partial physical and shared legal custody of his children. 15. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Petitioner, Robert D. Potts, respectfully requests this Honorable Court to grant him partial physical and shared legal custody of his children. Respectfully Submitted: By: JEANNIE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Petitioner/Defendant Date: 3 VERIFICATION I, Robert D. Potts, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: ?® CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 By: JE ANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 l?/? Attorney for Defendant Date: li A All 4 A CAI v MARCIA F. POTTS IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • 05-1615 CIVIL ACTION LAW ROBERT D. POTTS IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, September 14, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, October 16, 2007 at 2:00 PM 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/ John T. Mandan, Jr. Esq. JM 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 court, 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 aInd AINI4 t Fny%yvno 9 l :£ Wd fi I d3S LOU AMONOHiOdd 3HI J0 3OL40-OMH MT it W?r r w MARCIA F. POTTS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT D. POTTS : No. 05-1615 Civil Term Defendant : ACTION IN CUSTODY COURT ORDER AND NOW, this lQ day of October, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. Legal Custody: The Father, Robert Potts, and the Mother, Marcia Potts, shall enjoy shared legal custody of the minor children, Jehnika. L. Potts, born 6/2/91 and E. Jordan Potts, born 2/16/93. The parties shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: The Mother shall have primary physical custody of the Children subject to Father's partial custody as follows. a. Commencing the weekend of 10/20/07, Father shall have physical custody of the Children every other weekend on either Saturday or Sunday. If Father has custody on Saturday, Father shall pick the Children up at 8:30 am and Mother shall pick the Children up at Father's residence at 7:00 pm. If Father has custody on Sunday, Father shall pick the Children up at Mother's residence at 9:30 am and Mother shall pick the Children up at Father's residence at 7:00 pm. Father may pick the Children up at Mother's place of employment if he gives Mother timely notice of his intentions. Mother's pick up time for the Children may be altered by mutual agreement. Father shall next have custody of the Children on the weekend of November 3, 2007 pursuant to the above schedule. b. Father shall have physical custody of the Children at such other times as the parties may mutually agree. Ano g? :Z Wd 61 100 tO?Z }, it N1. 4 -'I .w 3. The non-custodial parent shall be entitled to have reasonable liberal telephone contact with the Children. The parties are to communicate with each other in a non-confrontational manner regarding the Children. 4. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 5. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Children from the other party, or injure the opinion of the Children as to the other party, or may hamper the free and natural development of the Children's love or affection for the other party. 6. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. A telephonic status update is tentatively scheduled for November 16, 2007 at 1:00 pm. The assigned Conciliator shall arrange for the conference call to ascertain whether expanded custodial time for Father is appropriate. BY THE O T :1, - ki % J. Cc: is Potts e Costopoulos, Esq. in say Dare Baird, Esq. hn J. Mangan, Esquire , MARCIA F. POTTS V. ROBERT D. POTTS Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1615 Civil Term ACTION 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 children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jehnika L. Potts 6/2/91 Mother E. Jordan Potts 2/16/93 Mother 2. A Conciliation Conference was held on October 16, 2007 with the following individuals in attendance: The Father, Robert D. Potts, with his counsel, Jeanne B. Costopoulos, Esquire The Mother, Marcia D. Potts, pro se 3. The parties agreed to the entry of an Order in the form as attached. Date: / G .----? John an Esquire Cus dy C ciliator DEC }320D71KJ (D? MARCIA F. POTTS Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT D. POTTS Defendant Prior Judge: M.L. Ebert, Jr., J. : No. 05-1615 Civil Term ACTION IN CUSTODY COURT ORDER AND NOW, this 18?"day of December, 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that: 1. The prior Order of Court dated October 19, 2007 shall remain in full force and effect pending hearing and/or further Order of Court. 2. This Order is entered pursuant to a Custody Conciliation Conference. A Custody Hearing is hereby scheduled on the _ day of J-h ", 200&t 1= 3 0 wpm in Courtroom number 5 in the Cumberland County Court of Common Pleas, Carlisle, PA 17013 at which time testimony will be taken related to expanded custodial time for Father and establishing a holiday schedule. For purposes of this hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the hearing date. 3. In the event that a custody hearing is not administratively possible before Christmas 2007, a custody update conciliation is hereby scheduled for 12/21/2007 at 1:30 pm at the Court of Common Pleas, Carlisle, PA 17013 to establish a holiday schedule. 4. Counsel for the parties are directed and allowed to request this matter to be removed from the scheduled hearing date if appropriate. BY THE COURT, ?* :A -1 ( A- 6 VINk AWNtOd AiNnon. C' ! - 6e t S :ZI Wd 81 330 LODZ lttl 30 a Cc: Marcia Potts, 345 Peach Glen Road, Gardners, PA 17324 Jeanne Costopoulos, Esq. John J. Mangan, Esquire MARCIA F. POTTS V. ROBERT D. POTTS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Defendant Prior Judge: M.L. Ebert, Jr., J. : No. 05-1615 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SAY 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 children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jehnika L. Potts 6/2/91 Mother E. Jordan Potts 2/16/93 Mother 2. A Conciliation Conference was held on October 16, 2007 with the following individuals in attendance: The Father, Robert D. Potts, with his counsel, Jeanne B. Costopoulos, Esquire The Mother, Marcia D. Potts, pro se 3. The Honorable M.L. Ebert entered an Order dated October 19, 2007 whereby Father was to have physical custody of the Children one weekend day every other week and at such other times as the parties may mutually agree. 4. A telephonic status update was scheduled to be held on November 16; however, Mother requested said update to be rescheduled until after at least two visitations had occurred. Communication has been received by counsel for Father regarding his request to schedule a custody hearing as soon as possible. 5. Father's position on custody is as follows: Father would like to have expanded custodial time with his Children and to establish a holiday schedule. 6. Mother's position is as follows: Mother has reservations about expanding the Father's custodial time with the Children and that Father has not been involved with the Children for quite some time. Mother has concerns regarding Father's alleged substance abuse issues as well. 7. The Conciliator recommends an Order in the form as attached scheduling a Hearing pertaining to expanding Father's custodial time and establishing a holiday schedule. It is the Conciliator's belief that this would be in the Children's best interest. It is expected that the Hearing will require half a day. 8. The proposed recommended Order may contain a requirement that the parties file a pre-trial memorandum with the Judge to whom the matter has been assigned. Date: 12- John . M gan, Esquire Cus dy Conciliator MCItaw C) MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-1615 CIVIL ACTION LAW ROBERT D. POTTS, IN CUSTODY Defendant ORDER OF COURT AND NOW this 21 st day of December 2007, it is Ordered -and Directed as follows: 1. The Father, Robert D. Potts, shall have a period of physical custody of the minor children, Jehnika L. Potts, born 9/02/91, and E. Jordan Potts, born 2/16/93 from 6:00 p.m. until 10:00 p.m. on 12/24/07.The Father shall pick the children up at Mother's residence at 6:00 p.m. and the Mother shall pick the children up at 10:00 p.m. at Father's residence 2. All other aspects of the Court Orders dated December 18, 2007 and October 19, 2007 shall remain in full force and effect pending the Hearing on January 16, 2008. By the Court, c? J. J, lNC s e-) 0 1 c.,, J c cc: Marcia Potts Jeanne Costopoulos, Esq. John J. Mangan, Esq. (IF02.y nl.CILL4, VINVAIASNN?d ._ 9 f .Z! Wd L Z 330 LOOZ 3a ?O 301-"O_,031lJ MARCIA F. POTTS V. ROBERT D. POTTS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Defendant Prior Judge: M.L. Ebert, Jr., J. : No. 05-1615 Civil Term : ACTION IN CUSTODY CONCILIATION CONFERENCE SUIVIlVIARY 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 children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Jehnika L. Potts 6/2/91 Mother E. Jordan Potts 2/16/93 Mother 2. A Conciliation Conference was held on October 16, 2007 with the following individuals in attendance: The Father, Robert D. Potts, with his counsel, Jeannd B. Costopoulos, Esquire The Mother, Marcia D. Potts, pro se 3. The Honorable M.L. Ebert entered an Order dated October 19, 2007 whereby Father was to have physical custody of the Children one weekend day every other week and at such other times as the parties may mutually agree. 4. The Honorable M.L. Ebert entered an Order dated December 18, 2007 scheduling a custody hearing for January 16, 2008. 5. A Conciliation Conference was held on 12/21/07 with Mother, Marcia Potts, pro se and the Father, Robert Potts, with his counsel Jeannd Costopolous, Esq. to establish a Christmas visit for Father with the subject Children. 6. Father's position on the Christmas visit is as follows: Father would like to have a few hours either on Christmas Eve or Christmas Day with his Children. Father acknowledges that he has not been actively involved with his Children for many years but is now looking to re-establish his relationship with his Children. 7. Mother's position is as follows: Mother has reservations about expanding the Father's custodial time with the Children and that Father has not been involved with the Children for quite some time. Mother has concerns regarding Father's alleged substance abuse issues as well. Mother asserts that the Children do not want to have additional time with Father, including seeing Father over Christmas. Mother is extremely upset that Father has not fulfilled his parental obligations for many years. Mother refuses to allow Father to see his Children over Christmas. 8. The Conciliator recommends an Order in the form as attached. It is the Conciliator's belief that this would be in the Children's best interest. f Date: 1 ?- 2 p ?--- --- Jo J. angan, Esquir C o Conciliator MARCIA F. POTTS : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-1615 Civil Term ROBERT D. POTTS Defendant : ACTION IN CUSTODY MOTION FOR CONTINUANCE OF HEARING Plaintiff, MARCIA F. POTTS, by and through her attorneys, the Family Law Clinic, moves the Court for a Continuance of the hearing scheduled for January 16, 2008 and avers the following: 1. Marcia F. Potts (hereinafter "Mother") is the natural Mother of Jehnika L. Potts, born June 2, 1991 and E. Jordan Potts, born February 16, 1993. 2. Robert D. Potts (hereinafter "Father") is the natural Father of the above-named children. 3. A Conciliation Conference was held on October 16, 2007 before John J. Mangan, Esquire. 4. On October 19, 2007, the Honorable M.L. Ebert entered an Order granting Father partial physical custody of the children one weekend day every other week. 5. On December 18, 2007, the Honorable M.L. Ebert entered an Order scheduling a custody hearing for January 16, 2008 at 1:30 p.m. 6. A Conciliation conference was held on December 21, 2007 before John J. Mangan, Esquire, to establish a Christmas visitation schedule. 7. On December 21, 2007, the Honorable J. Wesley Oler entered an Order granting Father a period of partial custody over the Christmas holiday. 8. Lindsay Dare Baird, Esquire is Mother's counsel of record. Attorney Baird has nor represented Mother at the aforementioned custody conciliations. 9. On late Friday afternoon, January 11, 2007, Mother sought the services of the Family Law Clinic. 10. Because Mother sought the services of the Family Law Clinic on January 11, 2008, the Clinic is in need of more time to prepare for the upcoming custody hearing. Additionally, no supervisor is available to attend the scheduled hearing. 10. Pursuant to Rule 208.2(d) of the Cumberland County Rules of Civil Procedure, concurrence of opposing counsel, Jeanne Costopoulos, Esquire was sought by leaving a message on January 13, 2007. As of this date, the Clinic has received no response. 11. The Honorable M.L. Ebert signed the Court Order dated October 19, 2007 and the Court Order dated December 18, 2007 scheduling a custody hearing for January 16, 2008. The Honorable J. Wesley Oler signed the Court Order dated December 21, 2007. WHEREFORE, Mother respectfully requests this Court to continue the matter until a later date. Respectfully Submitted, Date: January 14, 2008 Meg, Michael Certified Legal Intern THO S M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax: (717) 243-3639 MARCIA F. POTTS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-1615 Civil Term ROBERT D. POTTS Defendant : ACTION IN CUSTODY CERTIFICATE OF SERVICE I, Megan M. Michael, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Motion for Continuance on Jeanne Costopoulos, Esq., counsel for Father, at 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 via United States Mail, postage pre-paid on January 14, 2008 and via facsimile on January 14, 2008. Me an . Michael Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ` j ..a ?-s ? 4_ _r ?? `Y? t r ? ; ?-Ti ? r V ?y t, r? .? `? .? ID: JAN 14108 11:48 No.003 P.02 MARCIA F. POTTS ; IN '1 HE COURT' QF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-1615 Cavil Term ROBERT D. POTTS Defendant : ACTION IN CUSTODY WITHDRAWAL. AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT.- PLEASE , withdraw my appearance as attorney of record for the Petitioner, MARCIA F. P071"1'S , at the above- captioned docket. Res dtfully, submi by, L' dsay Dare air , Esq. 7 South Hanover Street C:arlislc, PA 17013 Dated: January 14, 2007 PLEASE enter my appearance as attorney of record on behalf of the Petitioner, M.ARCIA F. POTTS, at the above captioned docket. Respectfully submitted by: .. Mc- an U. Mid ael Corti fled Legal Intern 14 AVA -A R()i31r r RAINS THOMAS M. PLACE LUCY Jt?HNSTON-WALSH ANNE MACDONALD-FOX MF.CTAN RIESMEYER FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 . MARCIA F. POTTS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-1615 Civil Term ROBERT D. POTTS Defendant : ACTION IN CUSTODY WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PLEASE withdraw my appearance as attorney of record for the Petitioner, MARCIA F. POTTS , at the above- captioned docket. Respectfully submitted by, Lindsay Dare Baird, Esq. 37 South Hanover Street Carlisle, PA 17013 Dated: January 14, 2007 PLEASE enter my appearance as attorney of record on behalf of the Petitioner, MARCIA F. POTTS , at the above captioned docket. Respectfully submitted by: Megan M. Michael t Certified Legal Intern ROBERT RAINS O THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 ?p _.t -cl MARCIA F. POTTS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-1615 Civil Term ROBERT D. POTTS Defendant : ACTION IN CUSTODY PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Marcia F. Potts, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. January 14, 2008 Respectfully submitted, J if M. Mill Certified Legal Intern ROBEWr E. RAINS 01 THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ??? C? ??, .a ?; ?- t>? - _? -' ,; -- ?; ?? = . ? ? MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT D. POTTS, DEFENDANT NO. 05-1615 CIVIL IN RE: PLAINTIFF'S REQUEST FOR CONTINUANCE ORDER OF COURT AND NOW, this 15th day of January, 2008, upon consideration of the Plaintiff's Motion for a Continuance of the hearing scheduled for January 16, 2008, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED and the hearing is continued. IT IS FURTHER ORDERED AND DIRECTED that a status conference will be held on Wednesday, January 16, 2008, at 1:30 p.m. By the Court, Family Law Clinic Counsel for Mother Jeanne Costopoulos, Esquire Attorney for Father bas "N -, ? M. L. Ebert, Jr., t?F.4 rn?c ?// (. /0 Li?rj J. w So :'-I Wd S ! NVP Heil r MARCIA F. POTTS, PLAINTIFF V. ROBERT D. POTTS, DEFENDANT IN THE COURT OF COMMON PLE CUMBERLAND COUNTY, PENNS) NO. 05-1615 CIVIL ORDER OF COURT AND NOW, this 22nd day of January, 2008, after a status Counsel, IT IS HEREBY ORDERED AND DIRECTED that the h scheduled for January 16, 2008, will be held on Friday, April 18, ?S OF LVANIA rence with ring previously ,at1:30p.min Courtroom No. 5 of the Cumberland County Courthouse, Carlisl , Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that Cindy . Hribal, Esquire, is appointed to represent Jehnika L. Potts, age 16. Attorney Hriba privately without the presence of the Mother to determine the ch visitation with the Father. Pending further Order of Court the Fad visitation pursuant to the following schedule: 1. Marcia F. Potts, (hereinafter Mother) shall continue to custody of the minor children, Jehnika L. Potts, born 6/02/91, ar 2/16/93. 2. Robert D. Potts (hereinafter Father) shall have partial minor children on the first three Sundays of each month. Fathe will meet with the child Id's position regarding will be given have primary physical 1 E. Jordan Potts, born hysical custody of the periods of partial custody shall commence at 9:30 a.m. and end at 7:00 p.m. Th party receiving the minor children shall be responsible for the transportation. 3. Father shall undergo a drug test and Father's attorne shall forward the results of the drug test to the Family Law Clinic as soon as pos ible. Father shall be responsible for the costs of the drug test. -{ .t? " ?,? f Y (V i ? ;?, ?:? Gam` ?ti'i?' uu ,, ,?_ r?? '' ! .. ./ , w 4. Mother has the right to request that Father undergo Mother shall be responsible for the costs of any further drug t, 5. The parties may mutually agree upon other partial pending the hearing rescheduled for April 18, 2008. All other Orders dated December 18, 2007 and October 19, 2007, sha effect pending the further Hearing or Order of Court. 7. This Court Order is effective immediately. By the Court, Family Law Clinic Counsel for Mother Jeanne Costopoulos, Esquire Attorney for Father Cindy L. Hribal, Esquire Attorney for Jehnika L. Potts Court Administrator bas 1%k -?? M. L. Ebert, Jr., (20F"u her drug testing, and 7g. ody arrangements )ects of the Court main in full force and J. MARCIA F. POTTS IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-1615 Civil Term ROBERT D. POTTS Defendant : DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Megan Michael, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of Judge Ebert's Order granting a Continuance on January 18, 2008 and Judge Ebert's Interim Order of Court on January 30, 2008. Service was made on the following person via U.S. first class mail: Jeanne B. Costopoulos, Esq. 5000 Ritter Road Suite 202 Mechanicsburg, PA 17055 Mean Michael Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Ol ? p r eJ V MARCIA F. POTTS, Plaintiff/Respondent VS. ROBERT D. POTTS, Defendant/Petitioner THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1615 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PETITION FOR APPOINTMENT OF DIVORCE MASTER AND NOW comes the Defendant, Robert D. Potts, by and through his attorney, Jeanne B. Costopoulos, Esquire, and moves this Honorable Court to appoint a master with the respect to the following claims: Divorce, equitable distribution. In support of this motion, Plaintiff states; 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action represented by the Dickinson Family Law Clinic. 3. The statutory grounds for the divorce are 3301(d) of the Divorce Code. 4. The action is contested with respect to the following claims: All claims. 5. This action does not involve complex issues of law or fact; and 6. The hearing is expected to take one day. Respectfully Submitted: By: JEANNE B. COSTOPOULOS, ENQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 / (d Telephone No. (717) 221-0900 l y Attorney for Petitioner/Defendant Date: CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 By: JEANN B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Aj Attorney for Defendant Date: FlLEG-?.`I i.CE OF THE is RO71 j0NOTARY 2009 JUN 10 F 1: 0 8 'wi W ry' iE TY .1, JUN 1 12009 MARCIA F. POTTS, Plaintiff/Respondent vs. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1615 CIVIL TERM ROBERT D. POTTS, : CIVIL ACTION - AT LAW Defendant/Petitioner : DIVORCE ORDER APPOINTING DIVORCE MASTER AND NOW, this 1 Jt day of , 2009, upon consideration of the attached Petition for Appointment of Divorce aster, it is hereby Ordered and Directed that Esquire, is appointed master with respect to the following claims: Ad, 4LAd 1 BY T OU W?ckk J. Distribution: ./ J anne B. Costopoulos, Esquire, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 Dickinson Family Law Clinic, 45 N. Pitt Street, Carlisle, PA 17013 t f S' en.'a tLL L.?is?aq FILED--10RICE OF THE PRC) i ? )nk TA€?Y 2009 JUN 15 fail 11 , 2 5 CUB:: t y MARCIA F. POTTS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05 - 1615 CIVIL ROBERT D. POTTS Defendant IN DIVORCE PETITION FOR LEAVE TO WITHDRAW Petitioner, The Family Law Clinic, hereby petitions for leave to withdraw from further representation of Marcia Potts, pursuant to Pa.R.P.C. 1.16(b)(5) and Pa.R.C.P. 1012(c), and in support therefore avers the following: 1. The Family Law Clinic entered an appearance in the above captioned matter on behalf of Marcia Potts on January 14, 2008. 2. On August 25, 2009, the Family Law Clinic appeared at a discovery conference representing Marcia Potts. 3. On August 25, 2009, Divorce Master Elicker directed production of various documents at the discovery conference. 4. On September 1, 2009, the Family Law Clinic sent a letter to Ms. Potts requesting that she provide the clinic with the documents requested by the Divorce Master. Ms. Potts has not responded to this request. 5. The Family Law Clinic sent additional letters to Ms. Potts, requesting she contact the Family Law, on October 8, 2009 and October 19, 2009. 6. Certified Legal Intern, Sarah Rosko, attempted to contact Ms. Potts by telephone on October 6, 2009, October 15, 2009, October 19, 2009, October 20, 2009, October 26, 2009, October 27, 2009, and October 29, 2009 at both Ms. Potts home telephone number and cell telephone number. Ms. Rosko left messages on all occasions. 7. In the letter sent October 20, 2009, the Family Law Clinic gave Ms. Potts the deadline of close of business on October 26, 2009 to respond to the letters and phone messages or the Family Law Clinic would petition for leave to withdraw. Ms. Potts has not responded. 8. The Family Law Clinic has sent all correspondence to Ms. Potts; address at 345 Peach Glen Road, Gardners, PA 17324, the address she provided the Family Law Clinic. None of the letters the Family Law Clinic sent Ms. Potts has been returned by the United States Post Office as undeliverable. 9. As set out above, the Family Law Clinic has attempted multiple times to reach Ms. Potts by telephone at various numbers she has provided. None of these telephone lines have been disconnected. 10. The Family Law Clinic does not believe it can adequately represent Ms. Potts as she has failed to maintain contact with her attorneys. 11. Pursuant to C.C.R.P. 208.2(d), the Family Law Clinic sought concurrence from opposing counsel to this petition; opposing counsel concurred. 12. The Honorable Edgar B. Bayley has previously ruled in this matter. WHEREFORE, pursuant to Pa.R.P.C. 1.16(b)(5), the Family Law Clinic respectfully requests leave to withdraw from this action because Plaintiff has repeatedly failed to fulfill obligations and has been given reasonable warning that the Family Law Clinic will withdraw if those obligations were not fulfilled. Respectfully Submitted, Date: I? 3?xz dry /? Sarah Rosko Certified Legal Intern 4,4 THOM M. PLACE MEGAN RIESMEYER ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 MARCIA F. POTTS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05 - 1615 CIVIL ROBERT D. POTTS Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Sarah Rosko, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Petition for Leave to Withdraw on Marcia Potts by depositing a copy of the same in the United States mail, postage prepaid addressed to 345 Peach Glen Road, Gardners, PA 17324, and Robert Potts, through his attorney, Jeanne Costopoulos, by depositing a copy of the same in the United States mail, postage prepaid addressed to Jeanne Costopoulos, 5000 Ritter Road, Suite 202, Mechanicsburg, PA 17055 on November 3, 2009. Date: ///'5?0 ? Sarah Rosko Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 FILED -ir FICE QE THE PR', i'nNICTARY 2009 NOV -3 PM 1: 3 7 NOV 0 4 2009 MARCIA F. POTTS IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05 - 1615 CIVIL ROBERT D. POTTS Defendant IN DIVORCE AND NOW, this ` day of 2009, upon consideration of the foregoing petition, it is hereby ordered that: 1. The Family Law Clinic's Petition for Leave to Withdraw from further representation of Marcia Potts is granted. 2. Notice of entry of this order shall be provided to all parties by the petitioner. ORDER OF COU T , FILED-; iot: 2009NOY -5 Ail O: 45 MlY - ?' w . ? Cx-AA MARCIA F. POTTS, Plaintiff vs. ROBERT D. POTTS, TO THE HON AND NOW Costopoulos, Esquire, 1. Petitioner herein is THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS-1615 CIVIL TERM ~- CIVIL ACTION - AT LAW -- ~,;. _~,_:~R f._ - . DIVORCE ~-- ~ -- ~ t~ z -~ M. L. EBERT, JR., JUDGE OF SAID COURT: r- ` -= _ ~ ~' :.,~ .S. s"~ "r. DEFENDANT ROBERT D. POTTS' "" ~`' CY PETITION FnR C'.nNTF,MPT ANn CAN(`Ti(1NC the Defendant, Robert D. Potts, by and through his attorney, Jeanne B. avers the following in support of this Petition: above-captioned Defendant, Robert D. Potts (hereinafter Husband). 2. Respondent herein is the above captioned Plaintiff, Marcia F. Potts (hereinafter Wife). 3. An Order of Court marital residence, marital residence for behalf of Wife to Sheriff s sale on action which would were to be placed in 4. After entry of the accompanied by full cans of trash i yard, and otherwise entered on May 27, 2010 granting Husband exclusive possession of the limited power of attorney to Husband on behalf of Wife to list the and granting sole authority to Husband to select a realtor and sign on ish a prompt sale of the marital residence which is scheduled for a ber 8, 2010. Plaintiff was ordered to refrain from engaging in any the sale of the marital residence. Proceeds from the house sale by undersigned counsel. undersigned counsel personally took the order to the marital residence troopers from PSP Carlisle. The house was in severe disrepair with the residence, dirty dishes stacked in the sink, debris strewn about the ~ deplorable condition and in need of much TLC before it would be ready for real estate there and daughter agreed to begin 5. The state troopers i trespass for being in effect because 6. Meanwhile, H Wife was not present, but the parties' daughter and her baby were Mother by phone. Mother spoke to Father on the phone and up the house if she could stay a few more days. undersigned counsel that they could not charge Mother with at the residence even though there was an exclusive possession order was not an ejectment order. signed a sales contract with David Hooke to list the marital residence for sale. On July 15, 20 0, at 11:57 a.m., David Hooke left a voicemail message for undersigned counsel to inform he that the house must be sold by September and that Wife was refusing to give access to show. He explained that the house needs to be on the market as soon as possible in order to be sold in early August before the Sheriff's sale at the beginning of September. 7. Later on July 15, 20 ~ 0, Wife's newly retained counsel (the latest of a long list of attorneys, including the Law Cl~nic, who all withdrew from the case) filed a belated answer to Husband's petition which included a request to rescind the May 27, 2010 order and to void the contract between Husband an~ David Hooke. 8. Since Wife is granted exclusive hindrance by Wife entering the property. in~ to permit access to the property for showings even though Husband was ion of the residence, the only way for the house to be sold without to the September 8th Sheriff s sale is for Wife to be prevented from 9. The Honorable M. L.Ebert, Jr., has previously issued orders at this docket. 10. Both counsel are on undersigned counsel instant petition. WHEREFORE, and/or enter an order her to a term of i Date: ~~~© ~ ion and have not discussed the relief requested herein, but confident in her averment that Wife opposes the relief requested in the respectfully requests this Honorable Court to schedule a hearing Wife in contempt of the court's May 27, 2010 Order and sentencing in the event she does not vacate the home. Respectfully Submitted: NE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Petitioner/Defendant VERIFICATION I, Robert D. Pott ,hereby verify and state that the facts set forth in the foregoing document are true and c rrect to the best of my information, knowledge and belief. I understand that false statements her in are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to a thorities. Date: ~ " j ~' 1 U Robert D. Potts CERTIFICATE OF SERVICE I, Jeanne B. foregoing document the requirements of the United States Post addressed as follows: Esquire, hereby certify that this day I served a copy of the the person, and in the manner, indicated below, which service satisfies Rules of Civil Procedure, by depositing a copy of the same with the at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and Hannah Herman-Snyder, Esquire 200 N. Hanover Street Carlisle, PA 17013 Date: ~!~ ~~ ~ By; ._ ANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Petitioner/Defendant ZOid J~.`.. 2~ ~~ II~ ~3 MARCIA F. POTTS, Plaintiff vs. ROBERT D. POTTS, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS-1615 CIVIL TERM CIVIL ACTION -LAW DIVORCE PRAECIPE TO THE PROTHONOTARY:' ENTRY OF APPEARANCE Kindly enter the appearance of Hannah Herman-Snyder, Esquire as attorney for Plaintiff, Marcia F. Potts, in the above captioned matter only for the purpose of handling matters directly related to the Petition for Special Relief: Defendant, Robert D. Potts' Petition for Special Relief for Exclusive Possession of the Marital Residence and to Compel Sale of Real Estate for which an Answer and Counterclaim for Exclusive Possession was filed on July 15, 2010. Date: "j - a 6 - ~ O Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ~~E~ ~i"~ ~~ ~`ci'~ ~'f ~ i~~ n Ll ~iJ ~'i'i~ ` ... _S MARCIA F. POTTS, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. OS-1615 CIVIL TERM ROBERT D. POTTS, :CIVIL ACTION -LAW Defendant :DIVORCE PRAECIPE TO THE PROTHONOTARY: Kindly file the attached Exhibit "A," which was inadvertently not attached to the Answer to Defendant, Robert D. Potts' Petition for Special Relief for Exclusive Possession of the Marital Residence and to Compel Sale of Real Estate and Counterclaim for Exclusive Possession, filed on July 15, 2010. Date: 1 - a 0 - lp Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 07!08/2010 07:32 7172599258 PAG B!orrowel'(s}Name(s): iR. Loan Numbers}: Oc? C~"~~E ~..,... n...,..i.a n nw,.n,.,,,.r oeo,eime .. , ...---.-_„~. R~irfsd .D~tafion :for Bono' ~srnd ~larlwir If you are a Were Earner you nceived s W-2 from your employer) Please use the fotlov-rtf~ cMcMia~ ^ Two (2) mat relent Pay Stubs (two for each borrvAer) , Length of aendte with Conant Employer. florro+~wf Year(s):~„r,_ Morrth(s): Co-Borrower Year(s): Month(s): ~ fl' Moat nlnnt ont (t) rtaneh's of Compleq flank Statement (must provide all pages} D ' Most recent statement(s) supporting assttx Usted on palpe Z of the Request for Plodltkatlon and Affidavit form (must provide aU prgea of statements) q Most Want Tax Return Compktod (signed with all pages) or most recent flied and proof of extension (signed with eU pages} O Proof of Incorrx for other household members living in the home (AUmory, Child Support. Pension, etc.) if yea want such income wnaidared tar a loan wodCOUt fl Proof of arty other Inge received (Alimony, Rangl, Child Support, Pension, etc.) D Proot of oaupsnry -a Want utility bill in your name at property address ^ Proof of payment of Homeowner's Asrociation Fees (if applicable) D If lan K Nen-Escrowed A) Copy of tht meat recent property tax biU(i) wkh a copy of the canceled chick toe aR appUcabk taxes (County, City, School, etc) 8) Copy of the current inwranco daciantion page for aU apptkable coverage types (moat show premium amount for honteownery, flood, and wind) ~ ^ Non-Cnwnar Occupkd (ONL'n A) Rantai income wkh copies of Rental AtreNr+ar-t B) Prindpal, Interest, Taxes, and Msurana for Prin-ery Residence S ,. CJ Mortgap Holders} lot Primesy Residence _.,,,,_ D) Primary Rasidanoa Address (input below) 'O .Completed Request for Medifkuion and Affdavit Form (enclosed). Ace sure all bcures~~rrs sign rnd datE: this #otm. O C tad 4506T-EZ Form- R far Tran t of Tax Realm . De svr~ to s~i nand date this form. ff you sre Self Employed, please use the tollo~wirK cheekRst: D P & L Staterrxtnt / Audited or nvirtwed YTD Irx~rrte Statement (must provide) Q~ Most recent two (2) yamr Tax Ratums Completed (personal and business, signed with aU pages) or to99s or most recent two (Z) years filed and proof of extension ^ last tour (tl) month: of eempktet BtKinas and Persona! Bank 5tatemaerb (must provide all pages. H a business aceorx+t Is not used, provide a writpn ita~mMt: stating a business account is not used.} D 1 ~t ~ statement(ac) suppon:InB, asuts Usctd on page 2 of the quest for Modifiwtbn and AFfidwk Form (nwst provide all pages of O length of Nme of f3usinass Ownership: Bor 'Pca-(s):~ Mbnth(s): Co-Borrawr Year(s): Months} O Proof of Irtcortx for other household membt~reMi U 1fftKa"' (Alimorry, Child Support, Pension, etc) if ypu want such tncorne conskdartd for a ban workout `0- Proof of arty oNter income rtcawed (Alimony, Rental, Child Support, Pension, etc) ¢ Proof of occupancy -a recent utilty bill in your name at property address D Proof of payment of Norneorwner's Assocfatlon Fees (if appliabu) ^ If loan is Non-Escra+Ned A} Copy of the mast natant property tax but(s) with a copy of the carxelad check far ail applicable axes (County, city, 5choob etc.) B) Gopy of the eurront insurance dtclaratlon page for alt applicable avenge types (must show premium amount for honteownar's. flood, and wind) O Non-Owner Occupied (ONLY) A) Rental incorrre with aopks of RaKai Agreement B) Prktdpal, Ir-terest, Taxes, and Insunrxe for Primary Residence S C) Mortgage Holdet(r:) for Prknary Residence .,",,,,,,,, . .._ _... „_.,. D) Primary Residence Address (input below) fFf Computed Request for Modif+cation and Affidavit Perm (endosad), ae :,urR a14 hnrrnwv,rs sign ant; Hato this toerr,. f>ri~Corn laced 4506T-EZ Form - asst for Transcri of Tax Return cn c sure to ti and data this farm Primary Address: _ .~,.,_._~...~-. Comnwnts: eszs- ehas. NaRgl ostst0 Honlaownar Inbrnwtton /cedes Pqe 2 of a ~ ~- 07/08/2010 07:32 7172599258 PAG CHASE Q ' Lorri I f7, NurnbEsr ~~~ 1 ~ -i -11 `~ , ~ervicer ...,.__ AAi9iling8ol(IteSS s i~ez1 Ev tQ. ~ r~rrct,~~ ~ -13e~ S Pro rtv address (if 3ar-+e as mailing arJdress Just write some) E-mail addre.~s _ ~~M~f11G ._.. ._..,.,. ,.._ .. .._.._ is the property Gstedlor sak? C7 Yes 1~o Hove you cnntattcda veedjt•corrrtseftrrg ogency (or htfp Yes l"] No Have yarr recMKd an oArer on thepropaty? n Yns t;t M1b If yEx pkose t~ompteoe the fbllosviny: ~ Dottefottrar__,_.._.__„ AmorrrrtofoKerS Cormsebr~Nonre: _ AgtnYr Name: Agency Name: Agent9 Phone Nurrrbea CourrsE!fors Phone Number: _ For Sok oy Owna.> ~: l Yts I I No C'our-sNorY E-moA: Who pays the reef estate cox tN11 on your proptrry? Whoyvys tPre based ir-suroncr premium for yowAYt i' I do ender does CJ Paid by condo or HCtA do L ~ Lende r does C~ t'aid by CoMo csr hK)A Are the texts arn»t? L; YErs i; :I No ? is thepofky narentt ~!'V s 1 No Z !U- l" ~"~ ~ Condominium or MfQrt Fits (r) Yes f.1 No 5 t,~ t ? i ~ .. k Name ofauvrana Co.: ibid ta: lnsaa-ce Ca 1iN is Horu you tNed for ihonkruptcy?' M I.JYes ~ If yes; ~ ChaptBr 7 Cl ChaptE:r' 13 F/flnp 0ate: Mos your bankruptcy fxcwr dMschorgedl _l YeS C] No AorsitruptryCast nun-btr ~--~ ,__.__..._... . __ _._.__...._._._.-.._..__..__.. Addltlonat LknS/MOltsraQE'S orhdgmencs On this property: Lien hleldar ; Name/SQrvicFr Balance n~ '~ Gum~ect~ ,d ~o t oat Contact Numbi!r ~ ~i'7 a Ica t~s~ s- Loan Number t ~~~o ~s-~ ~' .. ~ ww h~~ -- .... . .._ Pjurrowcr's name M>~C.{~ ~~~ ., Co-borrower's name - . - -.___.___.____.......___-•_-- 9octi'+I Securitq'_ _........._._-.__.. pAte number ~ .~ of birth a~~ ~a ~~a~ -_--- Social Security number aQ Date ~ ~of birth __ taom¢ phone number with area code ~ (~ ~ ~. 3 (~ ~ a ~ 5..__ - lirirtK! phone number with srEy cock .----.-.-----__...._ _._ _..__._---............_~._.___..__._.____..._.....,___. ....._._~ ..._..__.____._ __. ....___.___...,___ Gall or work number ~ / ~ ~~F, ~ . _ Celt a wrxk number with area rode W with orW Colo ! wctm ao: ~ I~(eep the PropPrry ^ Seii the PrppE•rry the property is my: I~rimary Residence ....__......__. (~~cecand Home ___ . Investment ..__.._......._.____.._.._______.._........__, . _,......._..__w._.._ _~__ ~_._._ __ _ .. ___._... Theproperryit: ~Owne-Occupied Ll Renter Occupied (-1 Vacant 1(Wt) omhro roquasting rQVicw untie the Ngking MtrmE: lHlbrdsbk program. 1 am having dMfkvlty making my monthly payment becsvse of financial dNfieultiee enrrtad dY (cheek olt that apply): NAy household income has been reduced. kx example; ~rnemplt~yment, monthly debt payment:: arE: excessive end 1 am overextended with underamplgynxtnr, rPducE".d pay or hours, ~I;rne i,~nhLiness~.r~ir~q~,, trey vedltors. Debt Includes credit cards, hcxne equity or other debt. death, disabikvr or di~tror~c „~ o borrower cx co•tx~rrgwer. e:xpE:nses have Increased. Foy exampir.. monthly mortgage i.+aymerst 'fly cash reserves, including all liquid assets, are insufficient to nktirtr;ain inset, high mr?rliwl or 1leaith care costs, urtinsured tosses, InSreased r m__ y current mortg~le paymern nrxJ cover ktcssic living eKpensAC at the _ ~ , utilitigt qr rxnrkrty taYr.~. 1r'N` timE:. bother ~ tom„ a~~ s._.'t'lf1-e~r,,t1 ~ S ...._ ........_.. .~3 0, E-9 4---~-g - ~----..._..____..._.....,..---- Explanation (condnuEr an back of page 3 if necessary): ~~G5510Y1 ~~ --- - - - - 6T25- Chre NaRtl 052510 FbrrNewn~r IrManropor+' -ackK -a~e 9 of ti 07/08/2010 07:32 N ~ ~+ Il1oYa~l~aild: 3 ~ ~~1~ Monthly urosst'VA4es S gyp. Orrrtime S First MtxtgagG Payment 5eex~nd Nbttgage Payment S ~w , j r S ' , ~ .e Checking Accamt(U $ a poo Ctllcking Account(s) S ~. Child Supprxr / Alimprry / , t ~ Insurance a S t ly -t.t?O ;avia V Mor Market S 9. -ey~ ....._.._ ;cKialSecurityl55Di ) HropcrryTaxes sSr;~a~i $ ~~ CDs 5 ........__.~ M._...._ . ...._.---- .__~~_ ..__. .__. Other mrx+thiy inCOnrr~ from i p ~ ~ • q ., ....__ ...... _ CrcdK CBMS /Installment i i $ Stocks / fonds S pensions, annuities or r 1 t.aanEs) hora min mum ~ ~~o . retirement Gins p SEA 'rips. commissions, bonus , .. _'_ ___-•- and self-en,pigyed incornc payment perrrronth) Alimony, child wppon payrr~nts S ..._.---.___._....._....._. ~~- --_,._.....__._...__._._ . Other Cash on Hand S .. Rents fttKeivee,' Nat Rental Expenses $ ~• Qther Real Estate i (asdmated value) UnempWymenr Ineomt: S HpA/Cando Fees/Pro~mry Maintenanc:r: , S Other S Fend Stamps/Wel`are S Car Payn>Gnu S Ol'Iter ' S QtttFr (Irwestmern income, S C>nc~r ~. S Do not inr:.iude the value of Hfi!~ insuranr.4 or royalties, interest, tllvidends retirement plans wt>Qn calculating assets (001 k, @tC.) ~ ..... pension fUndt, annuides:IRAs. Keogh plans, etG) . --• Total Gross Income;-.._----.__. S .af0i-B ~._ 11 ,ttta~ ~abt;E>~ps ._.. .S ~ 31©. 40_ .'~~ . S !~ ..Isv 'Melude combined income and exper-sesfromthe bareowerand co-borrower (if +-ny1• B you include income and expenseq from a household member who b not a borrowK plosse specHy using the bade of this farm It necessary. =1bu are not required to dbdose ChAd SupOort, AMnrory o-SapeMNen NhNnteeanee Inoanw rrrrMfri you ehoese tb have K aontkfered by yvw rr.rvinc 7172599258 Pa The fotlovdng Infarrnatlar is ree(trested l'ry th! fed8ral aover!uttEnt In order to monHtsr compNance with federal statutes that prohibit discrimirurtipn in housirw} You are not nqulred to furnbh thin Infonnaticn, but sre encouraged to eb te. TM taw provkks than • lender a arvieer may net dbcrimimroe ekher on the hash of thb inMnnaRion, er on whether yeu eheese to furnish k If you Rarnish the infomtsttigr,, plP.ase provide both ethnicrry and race. For race, you may check more than one designation If you rfo not furnish ethnicity. rase, or sex, the lender pr 5r±rvlcb+r is required to note the information an the hirsl5 of visual observation or strcname if yotir ha~~e made this rt:qucst fo- a loan mortficatton in person. ff you de net wish to furniah the iMornnatl4t4 pMa~ chacktlie box below. BORROWER .. - (y(do not wish to furnish chn infonnation y •..r --- -° CO-BORRp1l1iER ......._. - . (,] I r!p nOt wish to fumish this information _ Ethnicity: Cl HisFa~nk; trr Latinp EMn;eiy: f'', Hispanic or Latino ___.........~.. _.~...... (:1 Not. Mitptlnic; cx lacincy ~ Not hlispanic o- Latino Rae.• Cl American Indian or Alaska trlacive Roca: CJ Amerkan Indian or Alaska NrrtivN t7 Asian n Asian 'i RlaCic nr African Arrrericart O Stack or African Arnevican ~I Naive Hawaiian ar Other Pacfc islander ~ Native !iawaiian a• Ocher Pacific Wanda n white n ~~,lte Sex: [:) FP^nale $ev. ;~} Female -_._.._..._..__......_..._..... n Male u Mak This request wary taken by: C) Face:-to-face Intrn~iew O Mail '1 TekPhone 1 tntrrneK Interviewer's Name EpNnt o- rype) b 1O Number Name/Address of Intervle+Mer's Employer interviewer's Signature Date Interviewer's Phone Number (include area code) aster eta NMlll Os7sto HeMn.own.- hrfonnatbn r.dr.e raga 1 of a 07/06/2010 07:32 7172599258 AND AGIIx~ElfrtE9VT PAGE 06 t. That all of the information in this docun+@nt Is thful and the event(s) Identified on page t is/ar@ the reason that 1 need to request a modfication of the terms of my mo a ban, short sale or deed-in-lieu of foreclosure. 2. I understand that the S@rvicer, the U.S. Depa re ire m to nd ma rovide w ~ t b nt ofTreasury, or their agents may invest' a the accuracy of my false l also understand ti~at knowin l submittin documentation y qu e p s a em@n a g g y . g InfiDrrnation may violrte Federal law 3. 1 understand thq Servker will pull a current ever report on all borrowers obligated on the Note. s. i understand that i(i have Intentbnatly default on my existing mortgage, engaged in fraud or misrepresented any facts(s11n Connection with this document, the rvker may cancel arty Agreement under Making Home Affardabk and may pursue forecb~rr@ on my home. 5. That: my property is owner•occupiad; I intend t reside in this property for the next twelve months; l here not received a condemnation notice: and th@r@ has been no c nqe in the ownership of the Property since 1 signed the documents for the mortgage that 1 wa nt to modify. 6. 1 understand that If my loan does not already h d i f d fl d i l d da escrows, Service. may require me to btgki paying @ccrow paym@rrts l i I d dle f h l d h h l i nsurance, an or taxes, azar an oo m s , regar tems uring t per o ss o w et er i comp e tr a ete the tria peHod or obtain a final modification. 7, I am willing to provide all requested document and m ntspond tv all Service. questions in a timely manner and to otherwise comply with ail requirements of the king Home Affordable! Program that maybe in effect from time to time, 8. I understand that tlx 5ervicer wiN use the in ion in this document m evaluate my eligtbglty for a loan modification or short sale ordeed-in-litu of forecbsure. but the Service. is not obligated to oiler me assistance based sdely on the statements in this document. 9. 1 am wiNing to commit to credit counseling if It 1 determined that my financial hardship is related to excessive debt. tp. If I was discharged in a Chapter 7 bankruptcy edinq subsequent to the execution ofthe Loan Documents, or am currently @ntitl@d to the protections of any cut rtk stay In bankruptcy, i acknowledge that Service. is providing the information about the Making Morrie Affordabl program at my roquest and for informational purposes, and not as an attempt to impose personal Ilablllty for the de evld@nced by the Note. t t . i acknowledge that while my request is being eeuated, the Service. may wspend any scheduled foreclosure sale, but may continue to send k;!gal notices rolat@d to f . Any pendhx~ fonxlown actbn will not be dismissed and maybe lmmedtately resumed from the pokit at whkh ~ was sucperided li 1 fall to comply with the terms and oondigonc of the Making Home Affordable program, Inckiding a Mal period plan, and no new Works of default, notke of intent to accelerate, notice of scceleratiori, or similar not will be necessary to coMlnue the /oredowre action. All rlghte to such notices are hereby waived by me to the extent rmlttecl by appikabk law. l further acknowledge that when the Service. accepts and posts a payment duMq the time i m beMg evaluated, inciud)rtg Burin arty trial period, it will be wRhout ~ prejudice to, and wi0 not be deemed s waiver o , Me accekratbn of the loan or any oredowre actbn and related actlviti@s and cha11 not constltut@ a cuw of any suit under the loan documents avidandng and securing the loan unless such payments are sufllcknt to completely cu my entire defauk under the ban documents, l 2. I further acknowledge and agree thrt N I am red a trial period plan by the Service., making the first payment due under such trial period plan shall b@ deemed an ac nc@ of the terms a nd condmons of the pkn. t 3. I anderstand that the Servker will collect and ord personal information, indudinp, but not limited to my name, address, t@Nphone number, social seturky number, t score, income, payment history, government monitorin® information, and information about account belarxes and ivityy. I understand and consent to the disclosure of my personal information and the terms of Making Home rdabk Agreement by Servk@r to (a) the US. Department of thel7easurryy (b) Fannie Mae and Freddie Mac in connection ' h their responsibilhles unde-the HomeownerAffordabNity and Stability Plan, (c} any Investor, Inwrer, guarantor or serv er that owns, insures, quaranttes yr ServiCti my first Ikn or subordinate lien (ifappllcebk) mortgage loan(sL (d) comps leather perform support s@rvk@s In conjunctbn whh Maklr+q Home Affordable; and (@) any HUD certified housing nselor. t 4. 1 wNl extcvt@ such other and further doeume as may be reasonably necessaryry to either (i) cvnwmmat@ the temps and condftions of this Dian or anyflnal modification hat 1 am affared; or (li) correct theterms and condltlons of this Plan or any final medMution that I em offered if sn error is iscovered or the Servker deems K reasonitbfy necessary to comply with the terms of the Making Home Afro-dabi@ Program or other program far which 1 may qualify. a'rtsr alai. wocai osasto riem.ewnsr Inremwtien oackt i-~ 5 et e 07/08/2010 07:32 7172599258 ~~ 4506T-EZ a1~r,JnrWfey t01D1 D~oarU~wnt or tea Tro~t~y Shur! dorm Request br Individuai Tax Return Traracript - tiagvaat matt not bataeoaasard M Qta Bonn N itteentplna a MNONNe• 41p. UM Fam IBOeT•iZ to onNr a 1tH0 aalw tax return t[artsor~ bra of oharpw to shown on tax ern. a .aturn, arttor rwne '~'~ {~~l ~ ~T~ 4a K a pint return. enter spouse's name shown on w: nttm. unr+t Hama. s ' r+e apt,. -pom, a au no.~, cKy, 3+~! 5 ~c~~~ ~te~, ~-c~ +avloue address shown on the last return Hlad N Wturarrt 1-om Mn P aMa No. 1 i4i-21 ed K a0alal aaata`Ib taMMN on trap a'att[rn p Lir RipOQ Q 1 ~.~' ~ 'fir • .. j ~~ e~ 8 M the ttansdtpt la to !» maNsd to • tt-lyd psrly (auoh as a mortpaye oomparyl. sntar the third party's name, addraa, and talaphaa nutnbar. The Iti6 Fteas no e0nu01 ovrr wart the third party doss whh the lax Meort+rKlcn. TMrd I>~Y n~ Tataphone number Chaaa tTta111RntaM Cotta ttNd60•tiltl6 ~ddrrss pnoludinp apt.. roan, a suits nos, oriy, stow, and zIP oode ttpuler 1M.N: PO 9otr ~NOiO, tilartdale, CO 102ut Ovstni4ltt MaN: ri00 Ctarry Croak t)tha, sulfa too, Olandtee, C4 ~Ote! a YAM teoxrastrd. !near the yaaNal of tM ratu++ tranaorktt yov ara raqueaen0 (ia' axtrtrpN, 'Z0069. Most raaurats wiN bs prooaesad vw1Hn to buslneesdayro. ~ `~ 1~ ~ Canaan. if tha tn>rtaCrlpt b beM+d maibd to a U+Ird party, rrau-o that you have tlar0 in tuts d bebra alpngtp. 8qn and dale the lam ores yeu haw fiMad In tNta 6. Cornplettnp thafa steps ttMpa t0 protest you' pr>waaY• Note. M Nrr 1tOS h ur>rbb t+0 bCaYa r Afum Mrt nwrehea tM tswpsyer khnlJy Atlomratbn provkkd absva. a BIAS racordl Mrotosta the tl+r mutt has not bean tlkd, tM IR9 may rptiy y+ou or Nis !hind parry tlaet h was r~etr>7t b bcata a alum. a tlrrt s raturtr war net Ibq, wrvctrsaer fs appNcabk llOrtaltN+a d 1aaPM~l~ I declare that I am 1M tattpaya whpN nerra to shown on eilhr- lka 1a ar Qa. N eta requrst appNas to a pint ttatum, ailf Nr huaban0 a wNe m-rat alpn. Nota• Asr GanscMpta bNr+p aanr b a rind peRr, tl1A's lbnn swat dr naoshrd tyhJ>rjr 1~0 slays o/ s~rrlttMe dote. ~, - ~. . ana.~.~. Trlsphortc number of ~ ~ ~~~~ slaswr's apnbr+ ~a tTOr tinwatr Jlct and PaOarwork t7aduetlM Ao1 testlea, see prN tt t3rt. Mo. i4ttaQ af25P Chats NelIN os25t0 Ftonaorn+.r hiRornrtion t+eckee t~ 1 d fOrlrl 4~6T$Z IPNv. ot.zotq 07/08/2010 97:32 7172599258 Form ~~Oir-!2 (Rw m•Z0~01 Nurpost of Iarrtt. Indltriduek can Ua Form 4500T-EZ b request a tax return trartscr-pt that Indudea ntoet. lines of thfa Onpinsl tax return. The tax rotum trs-a-xipt well trot t>f+ow PeY. penaky assasarnents. a s6uetrrtertts made b the ailpnaxy riled return. You cat also dealpnate a third patty (loch a a matpepe cartpaety- t0 reeelva s ton line ~. Form 1846T•EZ earx+ot be aY tattpayers who fNe Form 7040 17eleed On s Mcaf tax year (thNt ls, a tax ~~ lnthsptoNowtrW yeerf. Taxpaysro uainp a tlsoat tax year must fate Fam 4!309-T, Regwst for Tnnev-ipt of Tips Return, to request a retun+ t-anscript. Use Fam 4506-T to roqueat the forbwinp. • A trartiCtlpt d a t~custae return (indudMlp estat-and trust ntturrrsl• • An account trorgorapt (t.Ontairt! il>40-rnata0n On the ti-rartoial status of trte aatxwnt, such as payRlenb mach on the aooount. Penalty a~aserrterns. and ad)ustmer-a made dy you a t-ta tFts agar tfte return was fired). • A record a account, v+Mdr !s a comanadon of line ken inlo-rttatlon end toter adjustments to the at:cartt, • A veriflcatlorr of rtortftArtp, whieh b proof ffra ~tha IRS tlgit you did not file a rraturn year. • A Form W-Z, Form f 0!9 seriN, Form 1098 series, o- Fom+ 8498 ueraa tronecdpt. Forrn 4808-T sere oleo be ueee for regwstlrtp tax rottxn transtxlpts. Autorrtatad transoApt -equost. You care nx ,.900~B2p-, WO to o-der a tax return trlrtscript thrptrph the alrtatrtated self~Itelp system, You cannot haw a tranecrlpt soot to a thirGl patty through the automated . tMher~t ss file. Mall ar tree Form 4li09T-Ex to ttte addrae txrlow !or the staff you Uved In when that e+etum was flied. if you eue roqueettng rttoro than one trar'ree-lpt a ottta prodt,ot ar+d the chart bslow shows two dtt'fererrt RANG teetlls. sendyqu- rsgtrest b the tam hosed on tM address d your most recent -etcrrt. t'AfE 06 M llar Med tltt Y' dMd l t Ma9 or tttt To tlt! "k l M I us -a Ym acrd sued trh tlatna wrrrre larMoe" at rarv- C a~9o +~7-4?t 9euth CwreAna . 81sp 91 Oo-avsle, GA 30392 770-a66-233ti Alebetna, KerKuoky, ~oulelane' RAIVS Teen MenrMpe, Texas, a ~~ ~ 79301 loreipn tou~Y• or 612-490-2272 A.P.O.O- F.P.Q addn.e sleeks, Arkorta, t;aef d l C d orr o ora e, o, Ft~nrall. Idaho. Alktob. IrxAana, IONg1, 1Cansa. MlcHpen. Mhrreavte ~~ F1ArVatt Taur- ' ' Stop 37106 xlcohiorth Frserto. W-1i3999 ~9-+6e-5976 Defeats, Oklslwrns. ae9a+~ south Dakota. Utah. WeettMpton, tNbooneh, uvya-xtp Arkertses, Conneetieut, Oatlware, allptriot of coltnr-tria, tom, ~ RAIVS Team 9tvP 9705 P-9 l-Alseetr1l. stew threes! atY. No FfampMVre, New 6,tpt-9 Jersey, New York, 916.292.6102 Ohb, Pennsylvente, Rhode !trend, vrmord, trrpiMq, Watt Vl-pk-ia 91lyttaens and dale, Form 4508T-E2 moot bo dprtsd sod dated by the taxpayer listed on Ikte 1 a or 2a, M you compNted tine 8 mk~d p ~ tM II ~~ietalve Form A,908T-EZ wMYn 1 EO days d 6ts dots sbned by the taxpeyar a R wilt be rejected. Tnnscrr'pts of filed tsx retunts maybe 1wr>i~ to 5one08slfprM b required. 31p ~Y a -EZ socactly as your name appeerod on il,e orlglrtaa repun. n you chstlped your rune. ado sift your cunwlrtr name. l~ppe 2 .~ -~~.. Prhraotr Aar eMld PaPe-teorlt tglduction Act Notke. We ask tOr the intor+nation On this form 1b eetablistt you. r~ht to g21n ecoess b the requested tax nit>rr+tstlon urxle- dte IrtterrtN Faevntw Colo. tNa need d+le trtaorn+stlon bprepany tdentlfy the tax htbnnatlon and rasp don to your n3quost. t3et;tiarte 6tD3 an0 di09 requlro you to provide this ildorrttatlon, ktctudlnp yynn 68N. !f you d0 not p-ovtde shpt k M~mtattpn, we tTNy not• be able to process your requaet. Pravldinp fiNa or freudulertt ktfamirion may aublsCt you b penakias. Routine uses of this Irttonnatlon include phrinp it to the OepoAmeM of .justice for oivtl and orNninal xtj and duos. states, and the Oietrict of umtKa tar use In adminlatsrktp tour tax laws. we rosy also dlacroa tiNa ~ to ottle- oount-ies under a tax treaty. to tedend area store apertcias to en-oroe Pedant nontax erlminal laws, or ib federal law ertfo-cerrrent ak gertce aganoces to combat You arc trot -equlfed b Drovlde the Iniorrnetion ~ettad vn a fotln that is aubleet b tMnxPaperwork Raduetta+ Act unleq the term displays a valid OM8 aotdrd number. soaks a reCOMs relstlnp ro a form or tta tnebttOtfprts moat be retaMed es bop ss tttNr oontettts may beooNita rrtaW-iR1 in the admYtbtration Of arty Internal Rewrtue taw. Caarteraly, tax returns and return kthxmatbn aro confldentitd, as requirW by section 8703. The tune needed to complete and file Form 4508T-EZ wNl Crary depandig on irtdlvldual anwmatanoes. The eslhrtatad ave-ape ttma Is: treerrtltg about !ha Maw t8 mr-.; sarallrq rite lontr m the IRS. 20 min. H you stave corrsrtertts conca-ninp the aOCtlnty d tFtaae tirtte eetlmate3 Or trupgestiorts br mekklp Form 4508T-Q tAmpler. we would be happy b beer from you. You can wrlM w the Interne Revenw Service. Tax Wnducts Coordlrtattnp ComrNltee, 8E.'W~CAR:MP:T:T~SP,1 t t 1 Conadattion Aw. NW, IR-8628, UVsehittpton, DC t?OR~4.Oo not send the tam to thlt sddross. ktatad. see where b l~Ye on tttls page. arnr Clwse r"1stk1 osMto Honrlewnw U+ronnelen x.dNe rte. a of • 07t08/2010 07:32 7172599258 CO•QORRCWER SIGNATURE PAGE 09 Oats: ,~I~f ~v Gale: ~ 1_„_f __- If you haw galaetjbns strlout ttHs abcurnent or ttre rnoaMlpcartron process. piwse wNr yar aert+tcw. a you Irrw aratrtbns atot~t the prr~retn that ytow ssrv~oa castrtot enaerer or need Awgter counsewl~, you un caN ttie Mortleornter~ HOPE' MotNne at ?-t=S-fE~•MOAE (Si~~. TM NotNrta un hey NdM- q!1lat+lOlle iwbotrt the pografn and oA'k-s tM MUD-cardMd eeanaagny sanrkas iri, EttSlbh a»a! Sprn~h. ABg,~i.HOPE t?te advlead that by elgwnp then dotumant you understand tliat any deoteneMa and iMarmeaon yeti submit b your aarvioe in oonneraion wMh the I~Aalrirl0 Nonce Affordable Program m undo parNRy al pMwy Any ndsstN•nMat d mateAal feat made In the eemOkdon d these docwr«tnts Inoltrdh+p but not wmina to m+aatatemeM rapMdlnp your etsupaney n yotx home. na-thhlP ohnuttiabtices. andAOr Mlt:oma, npenees, a aseets wM sugact yw to potantlai crMninal b+wstipation end proa•autien lo- the falto+alr-p orYtlat~ perjury, hue trtaterrrirrrla, meN fraud, and wire thud. Th. inlamtation aoMained M these dooURNrMs ie subject t0 laanrMMtlon end VarNluetten. Any peleneal lrlrl'ept~serlNrlOn wll be referred to Nra apptoprleM law elRarerraant authoMty tar investgaden snd proeaaution.ly tapninp thli docurraM you aara'fy. nProe•nt and aproe that: 'taraar penaNy d perjury, AN doeumants end NtotnMtion 1 Mw pro~Aded to lender in oanatdlon wtlh the MaianO NwM ,d-1'^~ Allordeble Program, tr~cledinp the dooumaiH;t snd Idonrtellbn reparrbnp my OlpfbUtll Tor the prepram, en+ true and correct " w a K yeu era swan of fraud, wags. educe ntierrwrapamarit or mbrapreaenledar MlMiated wkh the Troubled Asset Relfe/ Prepram. ....y pNaa• eertlatl the CIGTARP NalNna by aNkq 1.877-S1O.200p (td•ireel, ~t)2p-~A (h ar wwyl,k~,RIJaAov. Maw can be Gant to NotFne Otliat el the Spaaiai Inspector 3enaral for Troubled Asset Rawl Program, ve~1 L SI. lv1Af. WeNiM-pten, OC 20220. tf2SP Chess NOPpI t1S251b Fbnlaowne- Information Padat Nta 6 d 6 MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT D. POTTS, DEFENDANT NO. 05-1615 CIVIL ORDER OF COURT AND NOW, this 20~' day of July, 2010, upon consideration of the fact that Plaintiff, Marcia F. Potts, has again secured legal representation and has filed an Answer to the Defendant Robert Potts' Petition for Speciai Relief, IT IS HEREBY ORDERED AND DIRECTED that neither party shall remove any other property, personal or otherwise, from the marital home located at 345 Peach Glen Road, Gardners, PA 17324. A status conference with counsel will be held on Friday, July 30, 2010, at 10:00 a.m. Pending the status conference, neither party will take any further action to self the realty. Counsel for the parties shall present to the Court their plan for disposal of this real estate at the status conference. / Hannah Herman-Sn der Es uire Y ~ q Attorney for Plaintiff ~ Jeanne B. Costopoulos, Esquire Attorney for Defendant bas ~~ t ~8 S ,rn5..t t-fec~,, By the Court, M. L. Ebert, Jr., J. n ^~ _ ~ _ _ _ ``~,. ca ~ ,> ~ ~- . E-_.. __' _ ~ - ~ eRYy ~ -=~ ~ c:: ;:> .., :~ ILL ~~ i ~ J UL ~~' ~~Ul y'• O(v !.~ ~~ ~ j-i i :;f~ MARCIA F. POTTS, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. OS-1615 CIVIL TERM ROBERT D. POTTS, :CIVIL ACTION -LAW Defendant :DIVORCE ANSWER TO DEFENDANT, ROBERT D. POTTS', EMERGENCY PETITION FOR CONTEMPT AND SANCTIONS AND NOW, comes Plaintiff, Marcia F. Potts, by and through her attorney, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates and answers Defendant, Robert D. Potts', Emergency Petition for Contempt and Sanctions as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part. Denied in part. It is admitted that after entry of the May 27, 2010 Order counsel for Defendant, Jeanne B. Costopoulos, Esquire, personally took the Order to the marital residence, accompanied by uniformed troopers from PSP Carlisle. It is denied the house was in severe disrepair with full cans of trash inside the residence, dirty dishes stacked in the sink, debris strewn about the yard and otherwise in deplorable condition and in need of much TLC before it would be ready for real estate showings. It is averred that the house certainly needed and continues to need some work done, but not to the extent as averred by Defendant. It is averred that if Defendant was current on his child support obligation and did not owe approximately $30,000.00 in arrears, Plaintiff would have had the funds to keep the residence in better repair. It is admitted Plaintiff was not present, but the parties' daughter and her baby were there and daughter contacted Plaintiff by phone. It is admitted that Plaintiff spoke to Defendant on the phone and agreed to begin cleaning up the house if she could stay for a few more days. It is further averred that the Defendant agreed that Plaintiff could stay at said residence as both of their children reside there, as well as the parties' daughter's child. 5. Plaintiff is without sufficient information or knowledge to admit or deny what the state troopers informed Attorney Costopoulos in regards to charging Plaintiff with trespass. 6. Admitted in part. Denied in part. It is admitted that Defendant signed a sales contract with David Hooke to list the marital residence for sale. Plaintiff is without sufficient information or knowledge to admit or deny the averments in regards to the telephone message left by David Hooke on July 15, 2010 for Attorney Costopoulos. However, it is averred that upon receiving this Petition and speaking with Plaintiff, undersigned counsel contacted David Hooke and he in no way made any assertion that Plaintiff was not being responsive to him. In fact, he said relayed to the undersigned that he and Plaintiff spoke on or about July 15, 2010 and that conversation was in regards to whether or not a lock box should be placed on the marital residence. The two of them had a very amicable conversation in which they agreed that rather than placing the expensive lock box on the house, Plaintiff would simply make herself available for showings. It is further averred that undersigned counsel confirmed with Mr. Hooke that he contacted Plaintiff for a first showing on Thursday, July 22, 2010, which Plaintiff had to reschedule and asked that it be scheduled for the next several days. However, in the interim, Plaintiff was advised by undersigned counsel of the Order of July 20, 2010 placing everything on hold. It is averred that Plaintiff has no intention of holding off on showings for any extended period of time, but rather just enough time to explore options other than selling the marital residence for the $79,900.00 at which it is currently listed. It is averred that Plaintiff has applied for a remodification of her loan; she is looking at other alternatives in regards to selling or financing for herself; and she is exploring the possibility of paying off the outstanding debt so as to alleviate the need for a Sheriff's Sale. 7. Admitted in part. Denied in part. It is admitted that on July 15, 2010, Plaintiff's newly retained counsel filed an Answer to Defendant's Petition, which included a request to rescind the May 27, 2010 Order and to void the contract between Defendant and David Hooke. It is denied that this was a belated Answer. It is further averred that the request to void the contract was not made so that no further action takes place in regards to selling the marital residence prior to Sheriffls Sale, but rather so that Plaintiff has a say in all decision making and can speak to decisions being made. 8. Denied. It is denied that since Plaintiff is refusing to permit access to the property for showings, even though Defendant was granted exclusive possession of the residence, the only way for the house to be sold without hindrance by Plaintiff prior to September 8`" sheriff's sale is for Plaintiff to be prevented from entering the property. It is averred, as set forth above, that the first call for a showing of the marital residence took place on July 22, 2010, which was after the date the Order of July 20, 2010 was entered, and without Plaintiff even knowing that, she did take the call from Mr. Hooke and spoke amicably with him about it. It is further averred that Plaintiff will not prevent showings if and when an Order is entered which allows them to take place again, if necessary, and she will cooperate fully as has been agreed upon between her and Mr. Hooke, with her making herself available to allow showings. 9. Admitted. 10. Admitted. WHEREFORE, Plaintiff requests this Honorable Court dismiss Defendant, Robert D. Potts', Emergency Petition for Contempt and Sanctions. Respectfully submitted, Hannah Herman-Snyder, Esq re Attorney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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. Section 4904, relating to unsworn falsification to authorities. DATE: ~ 2- ()t, ! GL. MARCIA F. POTTS MARCIA F. POTTS, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. OS-1615 CIVIL TERM ROBERT D. POTTS, :CIVIL ACTION -LAW Defendant :DIVORCE CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire hereby certify that I did, the ''day of July, 2010, cause a copy of the within Answer to be served upon the Defendant, Robert D. Potts, by serving his attorney of record by first class mail, postage prepaid, at the following address: Jeanne B. Costopoulos, Esquire 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055-5653 DATE: `~ ~ ~l - 1 D ~ ~J~. '~i,..~ Hannah Herman-Snyder, Esqui e Attorney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 MARCIA F. POTTS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT D. POTTS, DEFENDANT NO. 05-1615 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 30~' day of July, 2010, after status conference with counsel, c~ ^' ~~ c~ ---- ~'s.. ~ic::~ c~ ~ ~4= 3 -_~ ~`~f~ IT IS HEREBY ORDERED AND DIRECTED that Plaintiff Marcia F. Potts, will be given until 12:00 noon, August 6, 2010, to satisfy the outstanding mortgage on the property at 345 Peach Glen Road, Gardners, PA 17324. Counsel for Plaintiff will immediately advise the Court and opposing counsel of when the mortgage. is satisfied or if the mortgage did not get satisfied by the date and time ordered above. IT IS FURTHER ORDERED AND DIRECTED that the Order of Court ~,k ~1 ~ ~~ ,; ~; _~ `it;*' r• dated May 27, 2010, is stayed pending new Order of Court. Hannah Herman-Snyder, Esquire Attorney for Plaintiff ~Jeann~ B. Costopoulos, Esquire Attorney for Defendant bas C 6£s vv~I,~ 7~ 3o~ty By the Court, OF TFILED-OFFICE ,za11 ate NarA?? 24 Ply 1: 10 CUMBERLAND PENNSYLVANIUNTY MARCIA F. POTTS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-1615 CIVIL TERM ROBERT D. POTTS, CIVIL ACTION - AT LAW Defendant DIVORCE ACCEPTANCE OF SERVICE 1, Robert D. Potts, Defendant in the above case, personally accepted service on or before April 21, 2005 of the Complaint in Divorce that was filed on March 28, 2005 at the above term and docket number. Date: Robert .Potts FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 24 PM 1: 10 CUMBERLAND COUNTY PENNSYLVANIA MARCIA F. POTTS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERT D. POTTS, Defendant : No. 05-1615 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: - 1 g l Signature: MARCIA F. POTTS OF THE PROTHONOTA RY 2011 AUG 24 pH 1: 10 CUMBERLAND COUNTY PENNSYLVANIA MARCIA F. POTTS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERT D. POTTS, Defendant No. 05-1615 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING Dated 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 28, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 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. Signature: ry\ctll,a ['• POT)CS.- MARCIA F. POTTS CIF THE Pap H IcE NOTARY 2011 4UG 24 pH 1: 10 CUMBERLAND COUNTY PENNSYLVANIA MARCIA F. POTTS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-1615 CIVIL TERM ROBERT D. POTTS, CIVIL ACTION - AT LAW Defendant DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 28, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: ( Signature: dm?- ROhERT D. POTTS ?f Tyf pRQ4f' H41? ZUt 14U,r pTARY 24 Plf CU p4ER?gND ?' ? d NNSY?0 COUNTY MARCIA F. POTTS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT D. POTTS, Defendant : No. 05-1615 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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 unworn falsification to authorities. 1 Dated: Signature: ROBERT D. POTTS MARCIA F. POTTS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 1615 CIVIL C? N c-_+ ROBERT D. POTTS, --nw z• Defendant IN DIVORCE x rn r t C ? ?? ORDER OF COURT - o -T? c ° Vill s- -t _< U1 -C AND NOW, this gy-q day of 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 18, 2011, 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, Ke n A. Hess, P.J. cc: ?Hannah Herman-Snyder Attorney for Plaintiff n a_ ?Jeanne B. Costopoulos r ?0J Attorney for Defendant) C 1?f Eli cu Fzt - ,n it ? MARCIA F. POTTS, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-1615 CIVIL TERM ROBERT D. POTTS, CIVIL ACTION - AT LAW Defendant DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this I'Vk day of 2011, by and between MARCIA F. POTTS, of 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania, 17324, and ROBERT D. POTTS, of 1695 Kenneth Road, Apt. 38, York County, Pennsylvania, 17408. WITNESSETH: WHEREAS, MARCIA F. POTTS (hereinafter referred to as "Wife") and ROBERT D. POTTS (hereinafter referred to as "Husband") are husband and wife, having been lawfully married on December 24,1988; WHEREAS, two (2) children were born of the relationship between the parties, namely Jehnika L. Potts, born in 1991, and E. Jordan Potts, born in 1993; WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. Initials: -0 1 Initials: k-? NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Husband has been represented by Jeanne B. Costopoulos, Esquire, in Mechanicsburg, Pennsylvania, and Wife has been represented by Hannah Herman-Snyder, Esquire, in Carlisle, Pennsylvania. Each party acknowledges that he or she has received independent legal advice from his or her respective counsel, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreem knowledging that the terms and conditions set forth herein are fair, just and Initials: My Initials: _ equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns not to initiate any action of contention, direct or indirect, which alleges therein that there was a denial of any rights to full disclosure, Initials: 3 Initials: KA P or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that Wife has initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at number 05-1615 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that simultaneously with the signing of this Agreement, each will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Divorce Information Sheet, and any and all other document essary to precipitate the prompt entry of a divorce decree. Initials: 7N Initials: M ( 5. EQUITABLE DISTRIBUTION. A. Cash to Wife. To equalize the distribution set forth in this Agreement, Husband shall pay Wife the sum of $5,000.00, in certified funds, within thirty (30) days of the execution date of this Agreement. B. Marital Residence. The parties acknowledge that they own a home and property located at 345 Peach Glen Road, Gardners, Cumberland County, Pennsylvania, 17324 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Commencing on the execution date of this Agreement, Wife shall have exclusive ownership and possession of the Marital Residence. (2) Contemporaneously with this Agreement, Husband shall sign a deed prepared by Wife's counsel transferring his ownership interest in the Marital Residence to Wife. (3) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Wife as sole owner thereof and Husband further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policy. (4) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with 0 or attributable to the Marital Residence, regardless of when such cost or Initials: 5 Initials: t8p liability arose, including, but not limited to, loans, taxes, insurance premiums, utilities, maintenance and repairs, except as set forth in paragraph 5(L)(3) below. C. Wife's Business. The parties acknowledge that Wife maintained real estate, market business interests and/or other business interests located at 1452 Holly Pike, Carlisle, Cumberland County, Pennsylvania, 17013 (hereinafter referred to as "Wife's Business"). The parties agree as follows with respect to Wife's Business: (1) Commencing on the execution date of this Agreement, Wife shall have exclusive possession and ownership of Wife's Business. (2) Husband agrees on demand to sign any documents necessary to transfer his interests in Wife's Business to Wife solely. (3) Contemporaneously with this Agreement, Husband shall sign a deed prepared by Wife's counsel transferring his ownership interest in the real estate of Wife's Business to Wife. (4) Commencing on the execution date of this Agreement, any and all policies of insurance with respect to Wife's Business shall be deemed to be endorsed to reflect Wife as sole owner thereof and Husband further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policy. (5) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to Wife's Business, regardless of when such cost or Initials: 6 Initials: mp liability arose, including, but not limited to, loans, taxes, insurance premiums, utilities, maintenance and repairs, costs of inventory, and other business related expenses, except as set forth in paragraph 5(L)(3) below. D. Motor Vehicles. (1) Wife shall retain any vehicles titled solely in her name as her sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with the vehicles. (2) Husband shall retain any vehicles currently titled in his name solely as his sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the vehicles. Initials: 7 Initials: m'P E. Furnishings and Personalty. The parties have satisfactorily divided their possessions between themselves. Any items remaining in the Marital Residence or at Wife's Business as of the execution date of this Agreement shall belong solely to Wife. F. Pension and Retirement Benefits. Husband and Wife each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Therefore, Husband shall retain his Teamster's pension in its entirety and Wife shall retain her pension from PSERS. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. G. Cash Accounts, Stocks and Investments. (1) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Husband's name alone. Initials: 8 Initials:_ -0 (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. H. Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. 1. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. J. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the tra er of any and all rights in such property from Husband to Wife. Initials: 9 Initials: {? K. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. L. Assumption of Encumbrances. (1) Husband shall be solely responsible for any and all liabilities he has incurred which are solely in his name. (2) Wife shall be solely responsible for any and all liabilities she has incurred which are solely in her name in addition to all liabilities related to the Marital Residence and to Wife's Business, except as set forth in 5(L)(3) below. (3) The parties are the defendants in action filed against them by Gary J. Mullen entitled Gary J. Mullen vs. Marcia A. Fetters and R. Douglas Potts docketed in the Cumberland County Court of Common Pleas at civil docket no. 09-3070. Wife shall request the plaintiff, Gary J. Mullen, to sign a satisfaction piece releasing both parties from any further liability. Husband shall cooperate as necessary in the same. However, in the event there is any remaining responsibility or liability i ? Initials: 10 Initials: _Y-Y\ whatsoever arising from this action, the parties shall be jointly liable for any sums owed to Gary J. Mullen. (4) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (5) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (6) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any Initials: - II Initials: MP damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (7) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (8) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any Initials: 1# remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 12 Initials: 6. ALIMONY. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. CHILD SUPPORT ARREARS: To equalize the distribution set forth in this Agreement, Wife hereby waives all right to collect on child support arrears accrued as of the execution date of this Agreement at Cumberland County Court of Common Pleas docketed at number 523 S 2002. 8. HEALTH INSURANCE BENEFITS: Husband agrees to maintain curren alth insurance 1l.? (?cs? ? ? of zlt bI\AIA +r,P coverage through his employer for the children until Jul} 1, 2012. Husband shall provide Wife with insurance cards for the minor child(ren) and Husband shall provide the adult child(ren) with insurance cards. From July 1, 2012 until January 1, 2014, Husband agrees to contribute a total of $400.00 per month towards health insurance coverage for the children. Beginning July 1, 2012, Husband shall not be required to contribute any money for the children's health coverage in excess of $400.00 per month. Husband shall provide reasonable notice to Wife and the children in the event the cost exceeds $400.00 per month, in which case the children shall be required to promptly contribute the difference on a monthly basis. If the children fail to pay the difference in a timely manner, Husband shall not j for any lapse or cancellation of health benefits. Initials: 13 Initials: M_ 9. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 10. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 11. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be with' t scope and applicability of the Deficit Reduction Act of 1984 {hereinafter the Initials: 14 Initials: CINP "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 12. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 13. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement. as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 14. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, includi not limited to, pensions and retirement plans of any sort or nature, deferred Initials: Y 15 Initials: M?l compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 15. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in h't 0 or her to dispose of the same fully and effectively for all purposes. Initials: 16 Initials: _ B. 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 party may have or at any time hereafter has 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 and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, 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 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 of the other or by way of dower, curtesy, widow's or widower'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 Initials: 17 Initials: rm deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. 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 demands whatsoever in law or in equity, which either party ever had or now has against the other. 16. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 17. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 18. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 19. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred i t V enforcement of the rights of the non-breaching party. Initials: 18 Initials:_ 20. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 21. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 22. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 23. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 24. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 25. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several graphs and subparagraphs hereof are inserted solely for convenience of reference Initials: 19 Initials: -r? and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 26. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 27. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 28. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 29. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree o ' rce for purposes of enforcement only, but otherwise shall not be merged into Initials: 20 Initials: YY said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releases. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. m ? V, n.. MARCIA F. POTTS DATE: 'F5 ' 1 S ? I WITNESS: 14annah Herman-Snyder, Es uire ROBER D.POTTS DATE: "% - 12j - 1 ? DATE: WITNESS- Jeannd B. Costopoulos, Esquire DATE: F14111--l Initials: 21 Initials:- MARCIA F. POTTS, Plaintiff vs. ROBERT D. POTTS, Defendant To the Prothonotary: 20;2 FEB) -3 AN 9: l,01 Cl. MBER1.iaND GUN! PENNSYLVANIA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1615 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PRAECIPE TO TRANSMIT RECORD Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service on or about 4/21/2005 via personal acceptance. See Acceptance of Service filed 8/24/2011. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plaintiff. 8/18/2011; by the Defendant: 8/18/2011. 4. Related claims pending: None. Please incorporate without merging the Marital Settlement Agreement of the parties dated August 18, 2011. 5. Date Plaintiffs Waiver of Notice in §3301(c) divorce was filed with the prothonotary: 8/24/2011. Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: 8/24/2011. By: JEA NE B. COSTOPOULOS, E IRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 _ ATTORNEY FOR PLAINTIFF Date: e'/?' /2 a i" Z MARCIA F. POTTS V. ROBERT D. POTTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2005-1615 CIVIL TERM DIVORCE DECREE AND NOW, V00. 8 ak TV b% , ZOt, , it is ordered and decreed that MARCIA F. POTTS ROBERT D. POTTS bonds of matrimony. , plaintiff, and , defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the terms, provisions and conditions of the Marital Settlement Agreement between the parties dated August 18, 2011, are hereby incorporated in this Decree in Divorce by reference as though fully set forth herein at length. By the Court, 1??UA Attest: J. (b? VZ 0 , ii Ll e 1 Prothonot a • $ • 12• Cot l cif #? 14im?7 - ?5/7 01?Ge co??/ rrV/ c? ? ? Cosl?Po? Cis