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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff
NO. D!;- ;;2.S'DP CuL~~
v.
CIVIL ACTION - LAW.
GEORGE A. VAUGHN, III
Defendant
DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other claim or relief requested
in these papers by the Plaintiff. You may lose money or property or other rights important to
you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling, A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR
EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE
THE RIGHT TO CLAIM ANY OF THEM,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone No. (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff
NO. OS - clS'6:f
Cu{ ~S2-1
V,
CIVIL ACTION- LAW
GEORGE A. VAUGHN, III
Defendant
DIVORCE
COMPLAINT
Plaintiff, FrancesT. Vaughn, by her attorney, Diane G, Radcliff, Esquire, and files this Complaint
in Divorce of which the following is a statement:
COUNT I
DIVORCE
1. The Plaintiff is Frances T. Vaughn, an adult individual whose address is 3606 Golfview
Road, Mechanicsburg, PA 17050 since 1986.
2. The Defendant is George A. Vaughn, III, an adult individual residing at 3523 September
Drive, Camp Hill, PA 17011 since September 1, 2004,
3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six (6) months previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on September 8, 1977 at Berwick, Columbia County,
PA.
5. There have been no prior actions of divorce or annulment between the parties.
6. 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.
7. Defendant is not a member of the Armed Services of the United States or any of its Allies.
8, Plaintiff avers that the grounds on which the action is based are:
A, Section 3301 Ic) Mutual Consent No-Fault: The marriage is irretrievably broken;
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8. Plaintiff avers that the grounds on which the action is based are:
A. Section 3301 Ic) Mutual Consent No-Fault: The marriage is irretrievably broken;
B. Section 3301 Id) Non-Consent No-Fault: The marriage is irretrievably broken and the
parties are now living separate and apart, Once the parties have lived separate and
apart for a period of two years, Plaintiff will submit an Affidavit alleging that the
parties have lived separate and apart for at least two (2) years and that the
marriage is irretrievably broken,
C. Section 3301 (a)(6) Indignities: Defendant has offered such indignities to the person
of the Plaintiff, the innocent and injured spouse, as to render her condition
intolerable and life burdensome, and that this action is not collusive.
9. Plaintiff requests the Court to enter a decree of divorce.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing
the Plaintiff and Defendant,
COUNT II
EQUITABLE DISTRIBUTION
10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same
were set forth at length.
11. Plaintiff and Defendant have acquired property, both real and personal, and incurred debts
during their marriage during the period from September 8, 1977, the date of their
marriage, until December, 2003, the date of their separation, all of which are "marital
property" or "marital debts".
12. Plaintiff and/ or Defendant have acquired, prior to the marriage or subsequent thereto,
"non-marital property" which has increased in value since the date of marriage and/or
subsequent to its acquisition during the marriage, which increase in value is "marital
property" .
13. Plaintiff and Defendant have been unable to agree as to an equitable division of the
marital property and marital debts as of the date of the filing of this Complaint.
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WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital
property and debts of the parties,
COUNT III
ALIMONY PENDENTE LITE, ALIMONY
14. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same
were set forth at length.
15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to
support herself through appropriate employment.
16, Plaintiff requires reasonable support to adequately maintain herself in accordance with
the standard of living established during the marriage,
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony
pendente lite until final hearing and hereafter enter an award of alimony permanently
therea fter.
COUNT IV
COUNSEL FEES. COSTS AND EXPENSES
17. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same
were set forth at length.
18. Plaintiff has employed legal counsel in this case, but is unable to pay the necessary and
reasonable attorney's fees for said counsel.
19. Plaintiff has or will incur costs in this action including, but not limited to, costs for various
experts to appraise the parties' marital assets, and does not have the funds to pay the
necessary and reasonable fees, costs and expenses.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel
fees, costs and expenses and to order such additional sums hereafter as may be deemed
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necessary and appropriate and at final hearing to further award such additional counsel fees,
costs and expenses as are deemed necessary and appropriate.
Respectfully submitted,
/
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VERIFICATION
I verify that the statements made in the foregoing Complaint 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.
b i/ I
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FRANCES T, VAUGHN
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. Q!;- ;2S-0Y Ciud~~
CIVIL ACTION. LAW.
FRANCES T. VAUGHN,
Plaintiff
GEORGE A. VAUGHN, III
Defendant
DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, this 13th day of Mav, 2005, comes the Petitioner, Frances T. Vaughn, by her
attorney, Diane G, Radcliff, Esquire, and files the above referenced Petition for Special
Relief and represents that:
1. Your Petitioner is Frances T. Vaughn, ("Wife") and is the Plaintiff in the above
captioned divorce action.
2. The Respondent is Defendant is George A. Vaughn, III ("Husband") , and is the
Defendant in the above referenced divorce action.
3. The Respondent, Fulton Bank, is a bank having a place of business located at One
Penn Square, Lancaster, PA 17602
4. Plaintiff and Defendant were married on September 8, 1977 at Berwick, PA,
5. The parties separated on or about December 2003.
6. Husband is an attorney duly authorized to practice law in the Commonwealth of
Pennsylvania. He currently is not working.
7. Husband claims to be disabled, but to the best of Wife's knowledge has not
applied for social security disability (SSD benefits) even though it is believed that
if he were disabled, he would qualify for SSD benefits a rate of about $1,984 per
month as shown on the social security disability estimate attached hereto, marked
Exhibit "A" and made a part hereof. Wife further believes that if he would
properly take his medication, he could again be employed as an attorney earning
approximately $139,000 per year.
8, Wife was a stay at home mother and housewife for a period of 27 years and only
. 1 .
briefly worked as a decorative painter. Wife cannot work and is unemployed as
a result of a back injuries, Wife does not have enough quarters to qualify for
social security disability (SSD benefits) as shown on the Social Security Benefit
Statement attached hereto, marked Exhibit "B", and made a part hereof. Wife
has no source of income.
9. Until May 12, 2005, the parties were joint owners as tenants by the entireties of
a certain tract of improved real estate known and numbered as 3606 Golfview
Road, Mechanicsburg, PA 17050, ("Marital Residence"), which was acquired in
part using a $20,000 contributed by Wife's father. The Marital Residence was
subject to a lien in favor of Countrywide which had been in default and
foreclosure proceedings instituted until that mortgage was paid at a settlement
on the sale arranged and procured by Wife, which settlement occurred on May 12,
2005 as hereafter referenced.
10. Wife is the sole owner of a property numbered as 928 Belair Drive, Berwick,
Luzerne County, PA, ("Berwick Property"). The Berwick Property was previously
owned by Wife's 84 year old father, Alfred E. Tonolo. Wife's father wanted to
transfer the Berwick Property to Wife as an advancement on her inheritance and
so that she would not have to pay taxes thereon upon his death. However, during
the marriage and at Wife's request the property was transferred to the joint name
of Husband and Wife. At the time of transfer was not subject to any lien or
encumbrance. Husband later transferred his interest in the Berwick Property to
Wife, and thereupon it was held in her sole name and remains so titled as of this
date.
11. Husband previously had a solo law practice and real estate title insurance agency
and owned the real estate and building thereon in which that practice and agency
operated, numbered as 3904 Trindle Road, Camp Hill, PA 17011, which was
acquired in part using $10,000 contributed by Wife's father ("Law Practice Real
Estate"),
12. As part of Husband's law practice and real estate title insurance agency, in 1999
Husband secured a line of credit with Fulton Bank, ("Fulton Bank Loan"), the
repayment of which was guaranteed by Wife,
13. Husband closed his law practice in 2003 and in 2004 sold the Law Practice Real
Estate without paying the Fulton Bank Loan, even though the sale of the Law
Practice Real Estate and associated law practice items generated sufficient funds
that could have been used to pay the Fulton Bank Loan. Instead, Husband used
the net sales proceeds to pay unsecured debts in his own name that had not been
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guaranteed by Wife.
14. When Husband failed to pay the Fulton Bank Loan and further failed to make the
required payments for the Fulton Bank Loan, Fulton Bank, by and through its
attorney, Scott F, Landis, Esquire, confessed judgment against both Husband and
Wife in two separate confession of judgment actions in Cumberland County
docked to No. 05-293 and 05. 05-294 respectively. A true and correct copy of
the Confession of Judgment against Wife, ("Wife's Confessed Judgment") is
attached hereto, marked Exhibit "c" and made a part hereof.
15. Fulton Bank also transferred and entered Wife's Confessed Judgment in Luzerne
County, Pennsylvania ("Luzerne County Judgment") thereby creating a lien
against the Berwick Property. A true and correct copy of the Luzerne County
Judgment is attached hereto, marked Exhibit "0", and made a part hereof.
16. The Marital Residence sold on May 12, 2005 and generated $113,274.45 in
settlement proceeds, ("Settlement Proceeds") as shown on the HUO.1 Settlement
Sheet, and settlement proceeds check. A true and correct copy of the HUD-1
Settlement Sheet is attached hereto, marked Exhibit "E" and made a part
hereof. A true and correct copy of the Settlement Proceeds check is attached
hereto, marked Exhibit "F", and made a part hereof.
17. When settlement was held on the Marital Home on May 12, 2005, Wife proposed
that the Fulton Bank Loan in the amount of $57,508.46 be paid as she believed,
and continues to believe, it was a lien against the Marital Residence. A true and
correct copy of the payoff statement good through April 14, 2005, is attached
hereto, marked Exhibit G" , and made a part hereof. A true and correct copy
of the original proposed HUD.1 settlement sheet with the Fulton Bank Loan pay
off set forth thereon is attached hereto, marked Exhibit "H" and made a part
hereof.
18, Despite the fact that the Fulton Bank Loan was Husband's debt for his law
practice or title insurance agency, Husband refused to pay the Fulton Bank Loan
from the Settlement Proceeds, and further refused to complete settlement unless
all of the Settlement Proceeds were held in escrow, As the result of Husband's
refusal to pay the Fulton Bank Loan, and the settlement agent's erroneous belief
that the Fulton Bank Loan was not a lien on the Marital Residence, settlement was
completed without payment of the Fulton Bank Loan.
19. At settlement Wife proposed that Wife's attorney act as Escrow agent for the
Settlement Proceeds. Husband's attorney was asked if she would consent to the
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same and agreed. Husband, on the other hand, refused to consent, and further
refused to complete settlement unless Wife signed an escrow agreement
designating Husband's attorney as escrow agent ("Escrow Agreement"), A true
and correct copy of the Escrow Agreement is attached hereto, marked Exhibit "I"
and made a part hereof.
20. Wife signed the Escrow Agreement under duress and as a result of the coercion
of Husband since she was forced to sell the Marital Residence to avoid the loss
thereof due to foreclosure and did not want to be liable to the Buyers of the
Marital Residence as a result of matters that did not involve them.
21. The parties gave a special warranty deed to the Buyers of the Marital Residence,
as a result of which there are legally liable for any liens that attached to the
Marital Residence which were not paid at time of settlement.
22. Wife believes that since the Fulton Bank Loan was a single loan that both Husband
and Wife agreed to pay, the Fulton Bank Loan was and continues to be a lien
against the Marital Residence for which the parties are liable and which should be
paid from the proceeds.
23. It is believed that Fulton Bank should be permitted to intervene in this matter,
so that they may protect their interest and claim to the settlement proceeds as
the result of their lien and the Fulton Bank Loan.
24. If the Fulton Bank Loan is not paid, the amount of the Fulton Bank Loan will
increase as the result of interest, late charges and attorneys fees.
25. Neither party has the current income to pay the Fulton Bank Loan.
26, If the Fulton Bank Loan is not paid, Fulton Bank may execute on their lien and sell
the Berwick Property and as a result thereof Wife's father will lose his home.
27. Wife is willing to have the Fulton Bank Loan paid from Settlement Proceeds.
28. Husband would not be harmed by the payment of the Fulton Bank Loan from the
settlement proceeds. He is the primarily obligor on the Fulton Bank Loan and is
required to pay the Fulton Bank Loan in any event.
29. Husband has an obligation to repay the parties' children $20,000.00 Husband
borrowed from them by removing the same from their accounts ($10,000 from
each account). Payment of the Fulton Bank Loan will not prevent the payment
,4-
of these obligations nor any other marital debt that may exist as there will still
be about $55,000 left after payment of the Fulton Bank Loan.
30. Overdue support obligations are an automatic lien against real estate.
31, At the time of settlement on the Marital Residence, there was a lien against that
real estate for the overdue support obligation owed to Wife in the amount of
$Z,5Z4.14, as evidenced by the support order dated April 15, Z005, a true and
correct copy of which is attached hereto, marked Exhibit "J", and made a part
hereof. 1
3Z, Wife is and was entitled to the payment of the overdue support obligation owed
to her aforesaid in the amount of $Z,524.14 from the Settlement Proceeds which
was erroneously not paid to her from the Settlement Proceeds.
33, According to Husband, he reportedly has no income with which to pay this
overdue support obligation, although it is believed he has the capacity to earn
sufficient income to do so.
34. Wife has no means of support and is in need to funds to support herself and to pay
her attorneys fees and costs in this action. As a result thereof, Wife requests
that $15,000 of the Settlement Proceeds be paid to her as an advancement on her
equitable distribution share.
35. Wife has and will incur attorneys fees in bringing this Petition and claim is made
therefor.
36. Husband's attorney, Barbara Sumple Sullivan, Esquire, has been contacted
pertaining to the relief requested in this Petition and has not advised Wife's
attorney that Husband will consent to the relief requested herein.
37. The following is the information pertaining to prior judge assignments in this case:
A. The Honorable Edgar B. Bayley was assigned to and entered an order in the
support case docketed to Cumberland County no. 008Z6 S 2004, Pacses
No,619106737
'The support order is for $1371 per month for period of 9/14/04-11/8/04. $1371
: 16,452/yr:45,0739726027/day. There is 56 days between 9/14,11/8. 56 x 45.07397
: $Z,524.14
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WHEREFORE, Wife, Frances T, Vaughn, respectfully requests this Honorable Court
to enter an Order:
a. Permitting Fulton Bank to intervene in this matter.
b. Directing that the Settlement Proceeds to be placed in an escrow account
to be held by Diane G, Radcliff, Esquire as Escrow agent.
c. Directing that the Escrow Agent pay Fulton Bank Loan in the amount of
$57,508.46 plus interest thereon at the rate of $10.07 per day from May 13,
2005 until paid.
d, Directing that the Escrow Agent pay Wife the overdue support obligation
in the amount of $2,524.14;
e, Directing that the Escrow Agent pay Wife $15,000 as an advancement on
her equitable distribution share.
f. Requiring Husband to pay the attorney's fees and costs incurred by Wife in
bringing this Petition and attending the hearing to be held thereon.
Respectfully submitted,
lANE G. RA I
e Road
CampHill,PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Petitioner
/
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VERI FICA TION
I, Frances T. Vaughn, verify that the statements made in this Petition are true and
correct. I understands that false statements herein are made subject to the penalties
of 18 Pa.c.S. Section 4904, relating to unsworn falsification to authorities.
&:~1.:L: ~
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CERTIFICATE OF SERVICE
AND NOW, this
day of May, 2005, I, DIANE G. RADCLIFF, ESQUIRE, hereby
certify that I have this day served a copy of the foregoing document upon the following
named person, by mailing same by first class mail, postage prepaid, addressed as
follows:
George A. Vaughn, III
3523 September Drive
Camp Hill, PA 17011
Barbara Sumple,Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(Attorney for George A. Vaughn, III)
Fulton Bank
One Penn Square
Lancaster, PA 17602
Scott F. Landis Esquire
126 East King Street
Lancaster, PA 17602-2893
(Attorney for Fulton Bank)
, L1FF ESQUIRE
~rindle Roa
C_ ~!lmE....Hill A 17011
. one: 17) 737-0100
Fax: (717) 975-0697
Supreme Court ID 32112
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.Estimated Social Security Benefit
Page 1 of2
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Social Secmity Online
QlJi"k CalculfltoI
Benefit Calculators
,~ Estimated Benefits
\ illll"/ April 29, 2005
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Retirement, Disability, and Survivor Estimates
Retirement
At right is the information you provided. Below that
are estimated benefit amounts for retirement at
age 62 and 1 month, age 66, and at age 70. Age
66 is your norOJ_GlUOLflJl!}LeJiCemeOLgge. As you
can see, you receive the largest monthly benefit if
you wait until age 70 to begin receiving benefits.
By postponing retirement, however, you lose lower
benefits for many months.
At your break-even age.. I, the accumulated
value of higher benefits (from postponing
retirement) will start to exceed the accumulated
value of lower benefits (from choosing early
retirement).
Social Security benefits are the foundation on
which to build a financially secure retirement.
Savings and pensions also are key components of
your retirement plan.
Information you submitted
Date of birth: 6/15/1950
Earnings in 2003: $135,000.00
Benefit in year-2005 dollars
Retirement Benefit Estimates
Monthly benefit amount
Retirement age 1
62 and 1 month in $1,410.00
2012
66 in 2016 $1,870.00
70 in 2020 $2,469.00
1 Assumes no future increases in prices or earnings.
We have calculated your benefits by making
certain assumptions about your earnings. Please
look at these earnings to see if they appear
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Disability/Survivor
For the disability and survivors estimates, we
assumed that you became disabled or died today.
We did not use future earnings in calculating those Your spouse and children may also qualify for benefits.
estimates.
Monthly benefit
Disability amount
You $1,984.00
Monthly benefit
Survivors amount
Your child $1,488.00
Your spouse caring for $1,488.00
your child
Your spouse at normal $1,984.00
retirement age EXHIBIT -
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IFamily maximum
$3,472.301
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EXHIBIT "B"
WIFE'S SOCIAL SECURITY BENEFIT
STATEMENT
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Prevent identity theft-protect your Social Security number
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Your Social Security Statement
Prepared especially for Frances T, Vaughn
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(}()1)2jli:i:l701 i\\" (J,ng
FRANCES T. VAUGHN
3606 GOLFVIEW DR
MECHANICSBlJRG PA 17050-2216
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July 9, 2004
See inside for your personal information ______
What's inside,..
'" Your Estimated Benefits ,.....,.......... 2
'" Your Earnin~s Record . . . . . . . . . . . . . . . . . .. 3
'" Some Facts Ahout Social Security .......... 4
'" HYou Need More Information............. 4
To Request This Statement Tn Spanish ..4
(Para S'olicitar lina lJeclaraci6n en Espl1no/)
T What Social Security Means to You
This Socia! Secarity Statement will help you
understand what Social Security means to you and your
family. This Statement can help you hetter plan
for your financial future. tt gives you estimates of your
Social Security benefits under current law. Each year,
we will send you an updated Statement including your
latest reported earnings.
Be sure to read this Statement carefully. If you think
there may he a mistake, please let us know. That's
important because your henefits will be hased on
our record of your lifebme earnings. We recommend you
keep a copy of this Statement with your financial records.
Social Security is for people of all ages ...
It can help you whether you're young or old, male or
female, single or with a family. It's there for you when
you retire. but it's more than a retirement program.
Social Security also can provide benefits jf YOll become
disabled and help support your family when you die.
Work to build a secure fut:ure...
Social Security is Ihe largest source of income for most
elderly Americans today. It is very important to
rememher that Social Security \ViIS never intended to be
your only source of income when you retire. Social
Security can't do it all. You also will need other savings,
investments, pensions or retirement account<; to make
sure you have enough money to live comfortably
\\!hen you retire.
About Social Security's fut:ure...
Social Security is a compact behveen generations. For
more than 60 )o'ear::;, America has kept the promise of
security for its workers {Jnd their families. But now, the
Social Security system is facing serious future financial
rrohlems, a.nd action is needed soon to make sure that
the system is sound \vhen today';,;; ynl1n~cr \vorkers are
r~ady for retirement.
H:11q
Today there are almost 36 million Americans age 65 or
older. Their Social Security retiremeot benefits are funded
by today's workers and their employers who jointly pay
Social Security taxes- just as the money they paid into
Soci.al Security was used to pay benefits to those who
retired before them. Unless action is taken soon to
stren~then Social Security, in just ]4 years we will he~jn
paying more in henefits than we collect in taxes. Without
changes, by 2042 the Social Security Trust Fund wil! he
exhausted. * By then. the number of Americans 65 or
older is expected to have douhled. There won't be enough
younger people wnrking to pay all of the benefits owed to
those who are retiring. At that point. there will he enough
money to pay only about 73 cents [or each dollar of
scheduled henefits. We will need to resolve these issues
soon to make sure Social Security conlinues La provide a
foundation of prolection [or future generalions as iI. has
done in the past
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about Socia.l Security.
tfO/rM.~ .~
Jo Anne R. Barnhart
Commissinner
,~ These eslimales or lhe future financial slatus of the Social
Security program were produced by the actuaries at the
Soci"1 Security Administration based on the intermediate
assumptions from the Social Security Trustees' Annual
Heport 10 the Coogress. -
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EX~IT
~y our Estimated Benefits
To qualify for benefits, you earn "credits" through your We can't provide your actual benefit amount until you
work - up to four each year. This year, for example, you apply for benefits. And that _ ~ dift'or from the
earn one credit for each $900 of wages or self-employment estimala slated be30w ...-.......
income. When you've earned $3,600, you've earned your (1) Your earnings may increase or decrease in the future.
four credits for the year. Most people need 40 credits, (2) Your estimated benefits are based on current law.
earned over their working lifetime, to receive retirement The Jaw governing benefit amounts ma,y change. *
benefits. For disability and survivors benefits, young people (3) Your benefit amount may be affected by military
need fewer credits to be eligible. serrice, railroad employment or pensions earned
We checked your records to see whether you have earned through work on whlcb you did not pa,y Social
enough credits to qualify for benefits. If you haven't Securi~ taL l/lsit ~tg.govlmgstaletmmt
earned enough yet to qualify for any type of benefit, we to see whether your Social Secmity benefit amonnt
can't give you a benefit estimate now. If you continue will be affected.
to work, we'll give you a benefit estimate when you do qualify. Generally, estimates for older workers are more accurate
What we assumed - If you have enough work credits, than those for younger workers because they're based on a
we estimated your benefit amounts using your average longer earnings history with fewer uncertainties such as
earnings over your working lifetime. For 2004 and later earnings fluctuations and future law changes.
(up to retirement age), we assumed you'll continue to These estimate; are in today's dollars, After you start receiving
work and make about the same as you did in 2002 or 2003. benefits, they will be adjusted for cost-of-living increases.
We also included credits we assumed you earned last year
and this year.
.... *Retirement You have earned enough crediL'i 1.0 qUcllify for benefits. At YOllr current parnings rate, if )lOll sLop
working and starL receiving benefits..
1\1. age 62, your payment would he ilholll .
If Y<HI continue working until.
YOllr ftlll retirement age ((if) ye;ws). )lOllf payrnent would be (thou!. . . . . . . . . . . $ 333 il month
agf' 70, YOllY payment \.....mlid Iw. abollt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ -110 111110nlh
"f' *Disability To gel. benefits if you become dis(lbled right now. YOIl need:n credits of work. and 20 of these
credi!.s had to he earned in t.he lllst ] 0 years. Your record shows you do Hot bave enough crediLIJ in
the righl. Unw period.
......... .$
25]
a rnonth
"f' *Family If YOII gel. rel.irelnent or disilbility benefits, your spouse and children (llso rnay qualify for benefil5.
"f' *Sttrvivors You hilve earned enough credits for your ficlllliIy 1.0 receive the following benefits if yo II die this year.
Yom child. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .$
YOllr spolJse \vho is Glring for your child.. ................. _ ... $
YOllr spoHse who re(lclies filIi retirement. age. . . , . . . . . . . . , . . .. .$
Tolal filIllily IH-'uefil.s c(tllllollh-' I!IOn~ than. . . . . . . . . . . . . . . , . . . , . . . $
:rn a 1nolllh
:n7 (tlllOIlLh
1S0 (I month
(j75 a mOlllh
YOllJ- spollse or minor child fnay be t'ligiblt-' for il special olle linle dei-dh henpfll 0[$2:;5.
., Medicare
YOII have earut'd el]()llgh credits 1.0 qllrdify [or Mt'dlGlre al (Ige ():). Even if YOII do Bot relire aL age (is,
lw sure to contact Social Security three months before YO\lr li51.h birthday 1.0 enroll in J\ledic(lre.
'Your estimated benefits are based on current law. Congress has made changes to the law in the past
and can do so at any time. The law governing benefit amounts may change because, by 2042, tbe
payrolI taxes colIecled wlll be euough to pay only about 73 percent of scheduled benefits.
We based your benefit estimates on these facts:
YOllr ll(]nll'~ . .
YOllr dale of birth.
Your ..slirnaled taxabl.. earnings per year (Iller 2003.
YOllr Sociid Securily number (only tIle last four digits
art' shown to help prt-'venl identity Ulen) , . , ,
FrilIlces T. V(lIIghll
Odober ]:1.1951
NOlle
. . . . XXX - XX 5550
2
~
T Help Us Keep Your Earnings Record Accurate
You, your employer and Social Security share
responsibility for the accuracy of your earnings record.
Since you began working, we recorded your reported
earnings under your name and Social Security number.
We have updated your record each time your employer
(or you, if you're self-employed) reported your earnings.
Remember, it's your earnings, not the amount of taxes
you paid or the number of credits you've earned, that
determine your benefit amount. When we figure that
amount, we base it on your average earnings over your
lifetime. If our records are wrong, you may nol receive
all the benefits to which you are entitled.
'" Rewiew thiB chart care~ using your own records
to make sure our information is correct and that
we've recorded each year you worked. You're the only
person who can look at the earnings chart and know
whether it is complete and correct.
Some or all of your earnings from last year may not
be shown on your Statement. It could be that we
still were processing last year's earnings reports
VOID' Earnings ReconI at a Glance
when your Statement was prepared. Your complete
earnings for last year will be shown on next year's
Statement. Note: If you worked for more than
one employer during any year, or if you had both
earnings and self-employment income, we combined
your earnings for the year.
'" Theft'S a Omit on the amount of earnings on wbidt
JlUU Pl\Y Soda) SeauiIy _ each year, The limit
increases yearly. Earnings above the limit will not
appear on your earnings chart as Social Securi ty
earnings. (For Medicare taxes, the maximum earnings
amount began rising in 1991. Since 1994, all of your
earnings are taxed lOr Medicare.)
'" Call os right away at 1-800-772-1213 (7 a.m-7 p.m.
your local time) if any earnings for years before last
year are shown incorrectly. If possible, have your W-2
or tax return for those years available. (If you live outside
the U.S., follow the directions at the bottom of Page 4.)
YOUf TilX('d Y Ollr T;lXi~tI YOllrT;L>;ed Your Taxed
YPilr~ YOll Social Sl'c\1rily I\ledic<lre Years You Social SeclIrily j\kdi(:a(f'
WorlwLl E(lf[li]I~S EarTlin~s Worked Eilrnillgs I~;lnli[lg:;
1')70 .$ ]11 .$ :;<14 19!JO .$ I;o:l .$ 60::
l'j71 2!Hi 296 I')!)] liS7 G57
]972 2-11 21,1 ]<)92 0 0
197:; 2.2():{ 2,2(;:; ]9~n G.:l61 6.:Hil
I')H 2.:HS 2,:HS 1')'j1 ] l.l:,(} ] U:,!;
1~)7!) 1271J J,27/j ]99:-; 2.20G 2.201;
]~)7() 2.:1',1; 2.:E)(; J')'Jii ".171 5.471
]977 2.22!l 2.229 19'j7 :',701 5.701
]'17S 505 505 1995 :'10 S10
197~) 2.:121 2.:;24 ]99') 0 0
]9S0 Ij,:l71 6.:171 2000 0 0
19S] S521 S.:,21 2001 0 0
I'JS2 S,S70 S,S70 2002 0 0
]')S:; :nJ ]1 ] 200:~ Not yet recorded
l'jS1 0 0
l!JSS I) I)
I')SI; 0 I)
19S7 I) I)
I!JSS I) I)
I'JS!) I) I)
Total Social Security and Medicare taxes paid over your worlrin: career throuOt the last year reported on the chart above:
EsLilllalt'u taxes paiu f()r SOCial St"cnrity: EstinliJled taxes paid [or Mt'dlcilre:
You Pilld: ,~S,H,17 YOll paid: $L~27
YOIIT elllployers p;:1iJ: $2.]](j YOllr employers paid: $4Ii]
Note: You cunently pay 6.2 percent of your salary, up to $87,900, ill Social Security taxes and 1.45 percent in Medicare
taxes on your entire salary. Your employer also pays 6.2 percent in Social Security taxes and 1.4-5 percent in Medicare taxe15
for you. If you aft self-employed, you pay the combined employee and employer amount of 12.4 percent in Social Security
taxes and 2.9 percent in Medicaft taxes on your net eamin:&.
K9~)
3
1111111 111111111111I11111I11111 1111
07f)~)01E 085 Hi]::
, T ~.m~ F~!.~s Abou~ Social S~curity
About Social Security and Medicare...
SociJI Security pays retirement. disJhility. family and
survivors benefits. f\'ledicare. a separate program run by the
Centers for iVledicare Jnd ]\kdicaid Senlie!.'s, helps pay for
inpatient hospital care. nursing care, doctors' fl'cS imd other
medical services and supplies to l1eorle (lge 65 ami okler. Of
to people who have been recrivin~ Social Security dis~lhility
benefits for two years or more. Your Social Security
covered eJrrungs qualify YOll for both programs.
Ilere arc :.;orne facts about Socia! Security benefits:
T Retirement -If you were horn before 1938, your
full retirement age is 65. Because of a 1983 change
in the law, the full retirement age will increase
gradually to 67 for people horn in 19ftO or later.
Some people retire before their full retirement age,
You can retire as early as age 62 and take your
henefits at a reduced rdtc. If you continue working
after your full retirement age, you C:1Tl receive higher
benefits hecause of additional earnings and speci.:li
credits for del<:.l)\.'U retirement.
". Disability -If you become diSilbled before full
retirement age, you can receive disability henefiL~
after six months if YOll have:
- enough credits from earnings (depending on your
age, you must have earned six to 20 of your credits
in the three to 10 years before YOll became
disabled); ,md
- a physical or mental impairment that's expected
to prevent you from doing "substantial" work
for a year or more or result in death.
T Family -If you're eligible for disahility or
retirement benefits, your current or divorced
spouse, minor children or adull children disahled
before age 22 also may receive benefits. F..ach may
qualify for up to about 50 percent of your benefit
(jITlount. The total ,amount depends on how many
family memhers qualify,
" Survivors - \Vhen YOll die, ccrlain memners of
YOllr family may he eligible for benefits:
--~ your spouse age 60 or older (50 or older if
disahled, or any L1ge if caring for your children
younger than age 16); (md
- your children if unmarried and younger than age
18, still in school and younger than 19 years old,
or adult children disabled before age 22,
If you are divorced, your ex-spouse could be eligible
for a widow's or widO\ver's henefit on your record
when you die.
"
Receive benefits and slill work ...
You can continue to \".'ork and still get retirement or
survivors benefits. 1f you're younger than your full
retirement age, there ilre limits on how much you (im
eJrn without affecting your benefit amount. The
limits ch.1nge each yeaf. When you apply for henefits,
we'll tell you whal the limits are at Ihat time and whether
work would affeclyolIr monthly henefits_ When you reach
full retirement a~e, t.he eJrnin~s limits no lonp;er apply.
Before you decide to retire ...
Think ahout your henefits for the long term. Everyonc's
situation is different. For example. he sure to consider
the advantages and disadvantages of early retirement, If
you choose to receive henefits before you reach full
retirement age, your neoefits will he permanently
reduced, fio\'vrver, YOIdl receive henefits for ~l lonjSer
period of time.
To help you decide ,.vhen is the hest time for you 10
retire, we offt'r () free hooklet, Social Serurit!/--
Retirement Benefits (Puhlicalion No, 05~]()O;15)' Ihat
provides specific inform<.ltion ahout retirement. You
can calculate future retirement oenefits on our \'\'ehsil:e
at lL'll'lC.sncialsecurity.got' by using the Social Security
Benefit Calwlators_ There are other free puhlieations thai
you may find helpful. including:
T Understandin!! The Benefits (No, 05-100::4) - a
general explanation of all Social Security bcnefils;
V' flow Vour Nelirement Rellefit fs Fl:aured
(No, 05-10(70) - an explanation of how you can
calculate your henefil:
T The Windl'lll E1iminatioll Prrll'isiol1 (No, ();)-/o0451 -
how it affects your n:tirement or disability henefits:
T Cowmmellf Pel1sion O/T.,-et (No_ 05- ](1007) -
explanation of a law that affects spouse's or
\vidow(erl's hendils: and
" Identity Theft ",lmll'our Social Security JVwnh('r
(No_ 05- 10(64) - what 10 do if \'ou're a \'ictim of
identity Iheft,
\Ve also have other leaf1et~ and J~ct sheets with
information ahout specific topics such a'S military service,
self-employment or foreign employment. YOll em request Social
Security publications atll'lcw.socialsecudly.got' or
by cal/ing us at 1-800-772-1213.
If you nred more jnformatioJt~VrsjI1l'1l'rI,,:";f)ci(flsi!Clfr;f.'l.!I(j";7JI.lJsl(/'i!1Jlvllf on lilt' JIlIt'fIlt'L conl;lCL (IllY So([;d St':cllril)' ollinJ.
GdI1-800~772-1213 or \\-'rilt' 10 Soci;tl St'clInly i\JllIilll!'ilratioll. Orrin" of [~{jntillgS Opt' rill iOllS. P.(), Box :U02(;. Ballilllof;:-'.
]\-11) 212~H) :W2(i. If YOlI're dt'afor I](wd of ht-'iHing, call ITY 1-800-325-0778. rfyon kIn.> qlleslions dboul your lH-'rSo!li'd
illfofJIwtion. YOlllflllSI pro\'ide YOllf cOlllplete SOCial Si:'cllrily Illllllht'L If your (tudn-'ss is illCOrfed olllllis S/fllf/lIlfJlIl. ask IIii:'
11IIerllal nl:'\'I:'Illtt' St'rvice 10 St'llJ YOII a Forlll HH22. 'Vt' aOll't kt'eJl YOllf address if YOll're no! n-'Ci:'I\'illg Social Security Ili:'Ilt-'Jlls.
Para solicitarunalkclamcion en espanol, llame a11-800-712-1213
I
VOflll SS,\ 7/1n;) 91'1 Sld)l :.!1)()11
4
EXHIBIT "C"
WIFE'S CONFESSED JUDGMENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
OFFICE OF THE PROTHONOTARY
CARLISLE, P A
TO: Frances T. Vaughn, Defendant
YOU ARE HEREBY NOTIFIED that Fulton Bank, has caused a judgment by
confession to be entered against you with the Prothonotary ofCumber!and County. The
judgment was entered on ~';J,t)
IJ .) IY:,<;"
r
, to No.~:J.9~ fL. ( with the
Court of Common Pleas of Cumberland County - Civil Division. The judgment in the total
amount of $62,703.90, consisting of a principal amount of$53,711.49 interest through December
13,2004, in the amount of$641.93, late fees in the amount of$13.47, satisfaction fees of
$184.00, attorneys' fees in the amount of$8,153.01, plus continuing interest after December 13,
2004 at a rate of $8.95 per diem and costs of the suit.
Q~~~l~4-
By,,-- ~O/l.OP~/U'YGr--'
Deputy Clerk
EXHIBIT
r_
1343722 l.DOC
I
.
BARLEY SNYDER
Scott F. Landis, Esquire
Court J.D. No. 69798
126 East King Street
Lancaster, PA 17602
(717) 299-5201
Attorneys for Plaintiff
Fulton Bank
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
v.
Defendant
No. 0:; - ,~q ~ C: J'-J Y'iiL.'-->{
FRANCES T. VAUGHN,
COMPLAINT FOR CONFESSION OF JUDGMENT
Plaintiff, Fulton Bank, files this Complaint pursuant to Pa. R.C.P. 92951 (b) for judgment
by confession and avers the following:
I. Plaintiff, Fulton Bank, is a Pennsylvania banking corporation with a principal
location of One Penn Square, P. O. Box 4887, Lancaster, Pennsylvania 17604.
2. Defendant, Frances T. Vaughn is an adult individual, with a last known address
of 3606 Golfview Drive, Mechanicshurg, Pennsylvania 17055.
3. On or about December 2, 1999, Defendant executed and delivered to Plaintiff an
unlimited Guaranty (the "Guaranty"), by which Defendant agreed to unconditionally guaranty
and become surety to the Bank for all amounts owedto the Bank by George A. Vaughn (the
"Borrower"). A true and correct copy of the Guaranty is attached hereto as Exhibit "A" and
incorporated herein by reference.
4. Defendant's liability under the Guaranty is $55,000.00.
1343722 I.DOC
5. As of December 13, 2004, there remained due and owing from the Borrower an
unpaid balance as follows:
Principal ........................................................................$ 53,711.49
Interest through 12/13/04
at a rate of $8.95 per diem .................................................................$ 641.93
Late Fees ........................................................................$ 13.47
Satisfaction Fees ........................................................................$ 184.00
15% Attorneys' Fees ........................................................................$ 8,153.01
TOTAL ........................................................................$62,703.90
plus continuing interest after December 13, 2004 at a rate of $8.95 per diem, continuing
late charges, continuing attorneys' fees and costs of suit.
6. This action is based on the Guaranty which authorizes confession of judgment
against Defendant for all amounts owed by the Borrower.
7. The Bank is the owner and holder of the Guaranty.
8. The Guaranty also authorizes confession of judgment against the Defendant for
reasonable attorney fees, which, for purposes of the confession of judgment are deemed to be
equal to fifteen percent (15%) of the outstanding principal and interest or $8,153.01
9. The Guaranty has not been assigned.
10. No prior judgment has been entered on the warrant of attorney contained in the
Guaranty in any jurisdiction.
11. Judgment is not being entered by this Complaint against a natural person in
connection with a consumer credit transaction.
1343722-1
.
WHEREFORE, Plaintiff, Fulton Bank, demands judgment against Defendant, Frances To
Vaughn, in the total amount of$62,703090, consisting ofa principal amount of$53,71 1.49
interest through December 13, 2004, in the amount of$641.93, late fees in the amount of$13.47,
satisfaction fees of$184000, attorneys' fees in the amount of$8,153001, plus continuing interest
after December 13,2004 at a rate of$8095 per diem and costs of the suit.
Date:
1/1Z(()(
(
By:
BARLEY SNYDER
~1r~/ ;::;
Scott F. Landis, Esquire
Attorneys for Plaintiff
Fulton Bank
Court LDo Noo 69798
126 East King Street
Lancaster, P A 17602-2893
(717) 299-520 I
1343722-1
.
r~---:--
FULTON BI\NK
I Bank ,
(i)
GUARANTY (SPEcrFlC LlABILITJ.ES)
The Undersigned. intending 00 be,lcgally bound hereby, and in consideration of the credit heretofore, cooc-urrenlly or hereafter extended by
Bank to Georqe A. Vauahn. III
(.Borrower~), has emefl~d into this Guaranty and Bank has agreed to make available or lTlaJnlai~ such credit fOf Borrower in reliance on this
Guaranty.
1. DEFlNlTIONS- As herein the following terms shall have the meanings lh3:1 follow;
The terms "Bo~rower's LiaDili/y" ~r .Liabili~ics' ~ean and, refer ~o all e;>;isting and furure indebtl;.dneS5 and other liabilities
oUlStanding (0 Bank. ffom Borrower Ul connC(;(Jon With a cerum PromIssory Note dared X' II "it q ~ executed
by Borrower in favor of Bank. as may be amended from time 10 (ime.
.CoUate:ral" means all real a\\d personal propeny, tangible an~ imangible, of everydescriplion. as set forth on any separately executed
morlgages or other security agreements _or documenLS granting to Bank a security mleresl to secure this Gllaranry specifically or
liabilities of me Un4er~igned generally: and all property of any nature whalSOOver of the Undersigned now or hereafter in the
possession of or assigned Of hypolhecated to Bank for any purpose, and any balan.ce or share belonging to the Undersigned of any
deposit, agency or oilier accounl~ with Ba.o"- and omer amounts which may be owing from time I? (ll.1:le by !'lank. 10 the Undersigned.
Without limiting the generality of lhe foregoing, the Col[alera[ indudes lhe following:
NONE
2. CONTINUlNGSVRETYOBUGATION- The Undersigned does hereby unconditi9nally guarantee, and become surety 10 Bank for
the full and prompt payment when due, whelher by acceleration or otherwise, and at all limes thereafter, of all the Liabillttes. Thh Gua.ra.nty l5
a contInuing one and 5haU be effective and binding on the Undersigned regardless of how long before or after the date hereof any of
Borrower's liabilities were or are incurred. NOlwithSlanding the foregoing, anyone of ~e Undersigned may at any rime not less than 365 days
from execution of this Guaranty, give wrinen notice lO Bank. (If.suclt Undersigned's intemkm to terminate prospectively their surety Obligation
for Borrower's LLabililies pursuanl to chis Guaramy, Any notice so given shalf be ~ffec{ive with respecllO Borrower's Liabihlies incurred after
receipt by Bank of the written notice, but sball no.! be effective with respect 10, nOf Lennina!,e the Undersigned's liabiJiry for, LiabiHlies which
ue renewals, e)';tenslo-ru; ot modif!<.:alions of existing Liabilities or Liabilities as 10 ,!,~ich Bank is th~n bo,und by agreement or commirrnenl to
lhereafierexLend. ' ,.
The Undersigned gua.rantees that ~ll paymenls and recoveries of collateral (incll!ding.l?ut nor limited to, the Collaleral) applied by Bank to
Ihe LiabiIllies will. when made, or when so applied. be final and not recoverable in any IIlsolvency or ban."-ruptcy proceeding; and agrees that if
any amoun( <lpplied to the ~i3,bilities .is recovered frqm, or repaid by, Bank ~ whole or ill part in any b<lnkruptcy, insolvency Of similar
proceeding instiruted by or agalnsl Borrower, the obligalion of rhe Undersigne4 shall cominue In be fully applicable 10 the amount so repaid or
recovered to me same extent as though the amount recovered or repaid had never been applied with resPecI to the Liabililies. Tht:
Ulldersigned hereby grants In Bank <luthorily to maintain of record, and to n:cord, d~u~ necessary to pelf~CI Of 10 conlmue Bank's
perfected interest in the Collateral until such time as Bank. i.s salisfied in i~ sole di.scretion that il no longer RaS exposure to disgorgement. The
righl of Bank to continue its perfected interest in the Collateral is for its s.ole benefll, and the U~er~ig~e~ ~all not be relieved of personal
liability for Borrower's LiatJilili,?-s because Bank. elects 00\ to wntinue an intereslm t!l~ ~ol~r~!. '
3. AMOUNT OF LlABILITY- The amount offtte Undersigned'S liabilily hereunder shall be limited to the maximum prilldpal sum of
$ * * * * * * 5 5 . 000 ,00 ,~IU$ interest accrued lhereoo, If I\(} illSCfliofl has been made in the preceding space, !he amount of the
Undersigned's liability hereunder shall be UNU".fITED. If me amount of the Undersigned's liabilily hereunder is herein limited, the
Ul1dersigned agrees thai the amount of Borrower's Liabilities may from lime to lime exceed the limit of the Undersigned's liability hereunder
without in any way affecting or diminishing the obligalion of the Undersign~d. and thai Bank may apply any payment by or on behalf of
Borrower with respect 10 Borrower's Liabilities 10 or on account of~uch of Borrow~r's liabilil!es .and in such ~rder as Bank may elect
4. UNCONDITIONAL LIABILITY- The liability of the Under'iigned hereundcf is. ab$Ulu\e ai\d u~cond.itinnal ami shall nol be affecled in
any way by reason of (a) any failure 10 rerain or preserve, or ilie !.ad of prior e.nf9rcemem of, any judgmenl or olber rights againsl any person
or persons (including Borrower and any other surety or guarantor) or in any property, (b) the invalidity or unavailability of any such judgment
Of other righ.ts whicl1. ma.y be attempted to be obtained, (c) <'In)' delay 1n enforcing or failure to cllforce any such_ rights even if such rights arc
thcreby lost, or (d) any delay in ma~ing demand on the Undersigned for performa~ce or paymenr of the Undersignerl's obligations hereunder.
5. W AlVERS- The Undersigned h~reby waives aU nolic~s of auy ,:har<<<:te~ wllatsIJevef with respect to \his Guaranty and Liabilities to Bank,
including but nO[ being limiled 10 nOlice: of the acceptance hereof And reliance hereon. of the pfesent existence or futllre incurring of any ot
the Borrower's Liabilities 10 Banl:, of the amount, lermsw and ~ondi[ions 'thereof. and of any def~.uhs thereon. The Undersigned hereby
consenlS ((l the ealing of, or failure to take from time to lime without notice to me Undersigned, any action of any nature whatsoever with
respect to the Borrower's liabilities ItJ Ban~ and with respect .to any rights aga,ins'l.any pi:rso'.l. or persons (induding Borrower or any of the
Ulldersigned) or in any property, including but not being limi/ed 10 any renewals, e;O:lensions, rnodific.ations, postponements, corn~ramiscs,
indult:em:es, wai"ers. surrenders, exchanges, and r:eleases, and the Undersigned will remain fuUy liable hereon nOlwithslanding any of the
foregoing; provided, however, thaI the granting of a release of the lu,bilily hereunder 'of less thin ali"of the UndersigllCd shall be effective with
respecl to the liability here:U'.lder of the one or more Undersigned who all:: specif~lI'; "!"~.l~$ed, but shall in no way affect the liability
hereunder of any of the Under$igned not specifically. released. The,dead} or incap~;:;itY of ~ny of the Undersigned shall in no wayaffecI the
liability hcreWlder of any other of the Undersigned. The Undersigned hereby waives the beocfit of aI/laws now or hereafter in effect in any
way limiting or restricting lhe !lability of the Urnkrsigned he~eunder, includln.ll, wUhout limilalion, (i) all defenses whaLSocver 10 the
Ur1dersigrn:d's liahility hereunder, e,-cept the defeme of.payments made 011 aC(;~Unl of Borrower's Liabilities to Bank and die Undersigned's
liability hereunder; (ii) Jl!1 righ! to stay of eXe{:u(ion and exeniption of property in any action 10 enforce the liab:liry of che Urnlcrsigned
heceut\dec and {iii} THE UNDERSIGNED HEREBY EXPRESSLY WAIVES ANY IUGHT TO A TRIAL BY JURY IN ANY SUIT,
ACTION OR PROCEEDING, WHETHER A CLAIM OR COUNTERCLAIM (AND WHETIIER SOUNDING IN TORT, CONTRACT
OR OTHERWISP, WHICH RELATES IN ANY. WAY, DIRECTLY OR INDIRECTLY, TO THIS GUARANTY. THE RELATIONSHIP
ESTABLISHED UNDER "THIS GUARANTY. THE TRANSACTIONS ENTERED INTO IN CONNECTION WITH THIS GUARANTY
OR THE DEALlNGS BETWEEN THE PARTiES WITH RESPECT TO THIS GUARANTY; nus WAIVER ,PROVISION IS AGREED'
TO BE A MATERIAL .PROVISION OF TIllS GUARANTY. AND A MATERIAL lNDUCEMENT FOR BANK TO ENTER INTO THE
TRANSACTIONS WHICH RESULTED IN THE CREATION, RENEWAL, EXTENSION OR MODIFICATION Of BORROWER'S
LIABILITIES. ,- ... ..... ,.. ,., ,.
6, PA YMENJ' Of cpsrs --: III addition 10 all o~er liability of ille Undersigu:d h~retJuder and norwithslamling the Jirnil. if any, Sl:t forth in
paragraph 3 hereof, the VndefS1~n~d ~Iso agre!s ro pay Bank on ~emand all com anq expenses (illc~llding reasonable attorneys' fees and legal
expenses) which m3},' be incurred in the ef!fOrce,!len~ of the Borrower's Liabililies or the liability of th~ Unde(.sig~ hereunder.
7. ACCELERATION OF LIABILITIES---If any of Borrower's Liabilities to BanI;. are nor paid wh~n due or if !here occurs a default or
evenr of default under agreements pertaining 10 any of Borrower's Liabilil(es, all Borrower's I:i.1b,ililIeS 10 Bank shall at Bank's option and
without prior notice to !.he Undersignd be Ileerned to be forthwith due and payable for purposes of this Guaranty and the liabilily of the
Undersigned hereunder As between me Undersigned and Bank, the Liabililies for whtch the Undersigned is surely hereunder may be
declared I.ll be dVC and payahle for purposes of this Guaranty nOlwithstanding any stay. injunction or other prohibitiol1 which may peevent,
delay Of i"ltiate al\Y such declaration as against Borrower
;~-
8. DEFAULT- There shall occur a~"Derault' under this Guaranty jf the Undersigned fails 10 pay when due any amoUlll owing hereunder or
fails to do or perform any of its obligations under any documents pertaining to me Collateral. If a Default occurs, Bank may exercise its right
of setoff and may exercise any and all rights and remedies against the Undersigned or the Collateral as may be available hereunder, under
security and other collateral documents pertaining 10 the Collateral, under tl1e Uniform Commercial Code, or otherwise. The temlS of !he
security and other collatteal documents are incorporated herein by reference. The remedies set forth in those other documents shall be in
addition to other remedies oflhe Bank hereunder with respect to me indebtedness of the Undersigned, induding, withom limitation, Ille righl
to confess judgmem againstlhe Undersigned at any time, whether or not a Default has occurred.
9. WAIVER OF SUlJROGATION-The Undersigned hereby irrevocably waives any and all rights the Undersigncd may have at any time
(whether arising directly or indirectly, by operation of law or by contract) to assen any claim against Borrower on account of payments made
under this Guaranty including. widlOutlimitalion, any and all rights of subrogation, reimbursement, exoneration, contrihution or indemnity.
10. OTHER GUARANTIES- A subsequent agreement of suretyship or guaranty by t11e Undersigned or any other obligor shall not be
deemed to be in lieu of or In supersede or terminate this Guaranty but shall be construed as an additional or supplementary agreement of
suretyship or guaranI)' unless olherwise expressly provided therein; and in the event the Undersigned or any other obligor has given to the
Bank any such agreement of suretyship or guaranty previously, this Guaranty shall be construed to be an additional or supplementary
agreemenl of suretyship, and not tn be in lieu thereof or to terminale any such previous agreement of suretyship or guaranty unless expressly
so provided herein.
II, MISCELLANEOUS. If the Undersigned consists of more than one person, such persons shall be jointly and severally liable hereunder.
This Guannl)' shall inure fO the benefit of the Bank, its successors, assigns, '~ndorsers and any person or persons, including any banking
institution or inslitulions, to whom the Bank. may grant any interest in Borrower's Liabilities. or any of them; and shall bc binding upon the
Undersigned and the Undersigned's heirs, executors, administrators, successors, assigns, and other legal repre.~entatives_ The Undersigned
mlenrls this to be a sealed instrument and to be legally bound hereby. An issues arising hereunder shall be govcrned by the law of
Pennsylvania.
The followingparngrapiJ sets forth a wllrnUl(ofllUorney 10 coo!t;:ssjudgmenl against the Undersigned. In grantilJg this \'illnanlof attorney
10 confess judgment against the Undersigned, the Umierslgned hereby knowlngly,lntentlonaily and l'oluntarily, and, with oppoltunity for
the advice of separate counsel of the Undersigned, unconditionally waives any and all cigbls jhe Undersigned bll5 or may have to pdor notke
and an opportunity for hearing under the respeclive constitutions and laws of the United States and the Commonwealth of Pennsylvania.
CONFESSION OF JUDGMENT - EACH OF niE UNDERSIGNED HEREBY AUTHORIZES AND EMPOWERS lRREVOCABLY
THE PROTHONOTARY OR ANY CLERK OR ATIORNEY OF ANY COURT OF RECORD TO APPEAR AND TO CONFESS
JUDGMENT AGAINST THE UNDERSIGNED OR ANY ONE OR MORE OF THEM IN FAVOR OF THE HOLDER OF THIS
GUARANTY AS OfTEN AS NECESSARY UNTn. ALL LIABILITIES Of THE UNDERSIGNED lIA VE BEEN PAID IN FULL. AS
OF ANY TERM, FOR ALL AMOUNTS OWING (WHETHER OR NOT THEN DUE) UNDER TillS GUARANTY, TOGETHER
WITH COSTS OF LEGAL PROCEEDINGS AND A REASONABLE ATTORNEYS' FEE FOR COLLECTION (WHICH FOR
PURPOSES OF EXERCISING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT SHALL BE DEEMED TO BE EQUAL
TO 15% OF THE SUM OF THE PRINCIPAL PLUS INTEREST FOR WHICH JUDGMENT IS THEN CONFESSED), WITH RELEASE
OF ALl ERRORS, WAfVER OF APPEALS, AND WITHOUT STAY OF EXECUTION. THE UNDERSIGNED HEREBY WAIVES
ALL RELIEF FROM ANY AND All APPRAISEMENT, STAY OR EXEMPTION LAWS OR RULF~<; OF COURT NOW OR
HEREAFTER IN EFFECT.
WITNESS
!1~~f~
~---~..
/ SIGNATURES
0" ,0., ~.. . . /..,^
~~..,",YOc~...d'2.2....
.~:^/f1.ugt ~
(SEAL)
Wimessthe ducc:\
tionofthis Guaranty on the
__~~(SEAL)
(SEAL)
_____(SEAL)
_____(SEAL)
(SEAL)
(SEAL)
______{SEAL)
(SEAL)
(SEAL)
_(SEAL)
Address: 360(LJdlJl.fview Driy_~ Mechanicsburq, PA 11055
.
VERIFICATION
Fulton Bank vs.
Frances T. Vaughn
I, Christopher L. Demko, Vice President of Fulton Bank, verify that the facts set forth in
the foregoing Complaint are true and correct to the best of my knowledge, information and
belief.
To the extent that any of the averments in the foregoing document are based upon the
understanding or application oflaw, I have relied upon counsel in making this Verification.
This Verification is made subject to the penalties of 18 Pa. C.S. 94904, relating to
unsworn falsification to authorities.
Dated:
1/5"/I.F
t (
~~-/)
Christopher L. Demko
Confession of Judgment on Guaranty- Fulton ys. Vaughn George (3)
BARLEY SNYDER
Scott F. Landis, Esqnire
Court LD. No. 69798
126 East King Street
Lancaster, PA 17602
717 299-5201
At/orneys for Plaintiff
Fulton Bank
Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
FULTON BANK,
v.
FRANCES T. VAUGHN,
~f=-l"O
ENTRY OF APPEARANCE AND
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney in the Guaranty executed by
Defendant in favor of Plaintiff, a true and correct copy of which is attached to the Complaint
filed in this action as Exhibit "A" and which is incorporated herein by reference, I hereby appear
for Defendant, Frances T. Vaughn and confess judgment for money damages in favor of Plaintiff
and against Defendant as follows:
Principal ........................................................................$ 53,711.49
Interest through 121! 3/04
at a rate of$8.95 per diem .................................................................$ 641.93
Late Fees ........................................................................$ 13.47
Satisfaction Fees ........................................................................$ 184.00
15% Attorneys' Fees ........................................................................$ 8.153.01
TOTAL .............................................,..........................$62, 703.90
plus continuing interest after December 13, 2004 at a rate of$8.95 per diem, continuing
late charges, continuing attorneys' fees and costs of suit.
By:
:~YDE11 ti
Scott F. La~uire
Attorneys for Defendant
Frances T. Vaughn
Court LD. No. 69798
126 East King Street
Lancaster, P A 17602-2893
(717) 299-5201
1343722 l.OGe
OFFICE OF PROTHONOTARY
COURT OF COMMON PLEAS OF LUZERNE COUNTY
Jill Moran, Esquire, Prothonotary
WILKES-BARRE, PENNSYLVANIA
TO:
Frances T. Vaughn
3606 Golfview Drive
Mechanicsburg, P A 17055
DATE:
RE: FULTON BANK,
Plaintiff
vs.
~
~:,:~t,
FRANCES T. VAUGHN,
. )
Defendant
C,'
-'":'
NO. fi 5-;2- - ,;?- tJ t7J-
....,.
C7
You are hereby notified in accordance with Pennsylvania Supreme Court Rule #236 and that
judgment has been entered on a
() Final Order *
() Decree Nisi *
() Verdict *
() Viewers Report
() Default
() Assessment of Damages
() Arbitration A ward
(X ) Transfer from Cumberland County Court of Common Pleas
and entered on me??./' /~ 2005 against Frauces T. Vaughu,
Defendant, by transfer from the Cumberland County Court of Common Pleas Confessed Judgment
No. 05-294 Civil Term as entered on January 13, 2005 in the sum of $62,703.90
** And that a Certificate has been file indicating that each of the parties have been notified of the
intention to file said judgment, by the Attorney fo~e .p.. IAinti~. ) Defendant(s).
~~Il HI
':;J '..
JILL MoRA~ESQmRE, Prothonotary
B. //~~
y. ,/ . ~
Q(puty Prothonotary
I
EXHIBIT
D
1371224JDOC
''':..1"
. Selllement Statement
<;;OMPREHENSIVE SmLPMENT S~'VICES INC.
U.S. D~~ar1m"""l nf .....1',..11'1/'I nnn 1.lI'I'IQ~ l'evel~~'
OMBNo. ;UjlJ:! U;"'UO 1-1.1:.'1. HU1}..11~ll::Iol
C:FlI"Ill' 'f'^1o.I
1. nFH/, ;! nFmH,A, :j OeMv Ilntrt'
A.. llVA !i. I"'1(MII.\nA
11. Fll-F N.llMKt-lt \ 7 lo.~ NUUSER
C~1120 L.
II lNl~Tlu.r~r '''-J~llI:a.t-Ir..e CASE t.l1J~BER
TtlI.r_k1'fUin...M... ~_I_ _._"" ......_...."".._ .""."'~I__,,,,,,,,d~ u,.~""".. ""M ~,....~_...
c. Now; 1I._.._....~r......Mid..lai...lI...I_lnll;II..._......ho.."'.I.............., I"-r-.....,~ ".""'I'lf'l\JM."'1"'k>4al..
~=;'::'~I~~:~~~~~~'='~:'~=~~':':;'1~:~~:=~cr:o'::o:.~:"'-""""
c, ~L-"r.JE OF BORROWER: l.ee U. Rage,. and Junefte rt 11O!JM8
N".nBC~~:
E. NAME Cf oElliR
jlU~l:f;~;: ~,...
I . NIMl 01 \ \ "'" :~, "'aenOVla Mtg Corp.
,I.IIlMII !:!,;. 1 Joffi:rson Gqwra., W~'rbll"".CT 01108
! f.~ PROprRTY ADJRES3: 3GlI6 GotMew Or" th:hatlinburv, PA 11050
._. . Hllrnp,d.11 TOWllthilli
i H SmlEllENT AGENT ConIPI.I"..i.. S"U.m.ntsorvlees, Inc, ToI.ph,1ICI: T11.S08-1$QQ fOl: TIT 1091150
N..\C.I! OF CETn.eMt:!IT' eoo '" Edw1 hllllcl.l.no;ut....I5A 17001 ....
I. SETlliMSH DATE; OSll212M.
J. SUMII\AAY OF BORROWER'S lRANSACTION: I K. SUMMARY 0
100:~ROSS AMOUNT 0 FROM BORROWER ' 'DO. GROSS AMOUNT DUETO SELLER
1--i.Ql........Y,9J1I!~t~~c:;nrtGc 200000,00. ill),1 GOf\ll4'Icl$arlJ~l::&
J~~, Pc:r.io1Ll1 Procc.'(y 402 Personal Pro.......,
103. SCUlcrncnl c'lFlmo.'lIO hOrTfT&llP.r 1111'1I': 1411I 1 R.'\..~,14 M\'l.
1~. ~
ltr.'l 1,~h!l!l:ll)G; 051121051012/11/0".. 26.81 40~ liLIOlIVT~(
~d'Il.\~I,!",fr,rll'wlm"'I:"I,~:'I)'l""lltnilll:lll.IYI1IIL'"
,~ilylk""'lll.:lAt~~ US"210SIo12f31l0S I
Cwo I, ,,,'" 05l1l1\l~",j1iilI0S
:i'J~1 IdX13. O~12/QSInDOI3O/05
W~(wrIS.~Il~/AII'111 JfiUIa'tS
\ T1IIcEJ~)'oln S13UlYfnvnl S't'9lem
PlillWiJ05J12J20MCill&31J'JO
Glorge A.. ".ugoo, III ..nd' 'rlneH T. Vaughn
..-
TlON;
.- .
Z30,(llJO.oo I
lOG
101.
l\)~~ .
10i.
Ill'.
111
.11J... .... ..._,.,...
120. GROSS AMOUNTOUE FROM BORROWER
ZQO.I\IAOUHTS PjI,ID a~ OR ON SEHAlF OF BORROWER
<I1I1 UAni'j~I[ or l!~mp.~1 mm\1!1I -
~11i' I 'rlnl1MI ~mtll;r-:i;!nt'!W Inl\n~
;W,l 1.>J"I,~n lo~i~l..@~en ,SIJbjec.IIO
104
20~
lJOi/12JO~11.I12J31ro!S
.. A~l~lllrllb; r"'l 1t.1l1~ u.k.l U~ tollll.. ill ..u"'''flU
2a.g14n'tl,"I;;;-~I.";' 05/12/0S"I2/31105
322.22 '" . 05112/nS,^1213!"'5
330,13 401. SCI\ool r"" 0~11ZJQ'1006I10lOl
13,01 400. W''''''1.cwor'A^~Hw..ml.Q6/31l101
WJ.
411.
.41"
258.62B.32 420. GROSS AMOUNT OUE TO SELLER .
soo. REDUCTlOHSIN AMOUNT DUE TO SELLER
Ii V~~.90 ~Cl Excess Clenf"lst tn_s instlUClions\
lUU,\l\lll.~n ljQ2 Se\~'~;enld1~ \0 setet lllne 1~OOl
503. exi~lH!HJY~\I(Ii) l~kvl1 ~\l~i......i lu
.._. ~.t.P.!'l'!~ cl Fln.l MtlI\lJ"~ W<lll
~al P-:':~ff'" Seclln~ MtJ.\U<llIId LU<l1
Phwl~,,"H~lIlnan & SchmIG;r. Ll.
211.'3:\
21,g,
.m,21
JJU.ll
&3,01
.
250,173.11
2Cf..
~07
20S
209
'"
f07
5QB
!lUll
i
I
l
134,.75.99
:jW],~~
; ,
---.--,...........--'----,
i
Atl'ulitrn.ipl61or Items unpaId by seller
~~I~ml'l,~I.$.!Or Itoms ~~J).i:ltd:ov. S~~_~L.
..,
~U'_' '..",_
214
111,.__..__...".." ......
';1'.'
111
111\
'1(,;
:rIll. rOTAI FA.1n DYIfOR BORROWER
JOO. C.Sll AT smL~MENT FIlOM ORTO BORROWER
'3C1. GiIJ:d;"'IIUUII:Uu.lIIl~"bl~Il""'W' 1:1W1Hl
SG.2. ~s~ll1vullb!Ai\l~v/k~.lur~~mnY22m
303. CASH FROM BORR!lWER
.~':I
!i14
S1S
~1G
517
~1!
..' \\9, ....c
2';'; OOO,DO 520, TOTAL RECtiCTloHAMOii'iiT DUE SELLER
100, CASH AT SmLENEHT TO OR FROM SELLER
251 R2R_'2 . 1 ~ I" I 'tll
20 ODO.oO "", -, ,~.~ ''''''''MIIO,^ ..11
.. --... .ft, .\. ~S~ TO SELLER
'IT''I.n
2!i1l771.1B
137 4111.72
I
113JTMI
CUD;:: N:lIlY1...tCel.\,g\OM~OfT, ~""~"''''''''IIol''a1I.~." l. ."_I.~LI"''''''n'''',, ,',II.I...."W fIot.w..u ""d. I...............,.......",... 1t'.....~I~~ "'.... .,...,
:.~ _~\~e-t~,~..,,_~i."=r........~!.~t. ...1I..'..I.~..I..I...._I_M,.. .''''''''....'...111'..........,_..'''_..1 'l1..c.....""'!W_,,~. l"'cl""
't..ul,.,""'...J...,......I'I...i>*:.,.........,...I..,....tPlOll.r.'lfll*r ,......","'..('''' '].......1"".................... 1"""~n...,.rr_""......~I"pqwlo.............
".....L...1f'"U,....Iiw.....~~,..-'!"..!!...'2'''''.......,.........I..,.......",_ 11.........2.........r-P"V, '''-'{i.. . . __re_. .~---"'''''i!! ,.,...,..,..1_........._....
"~.2>.L.~,_. ._,.,...""-""",,,- ,",~,7t 71{A~ ~
.I!UI!Jt[8INe.olltAlUteAODllr.n: ;~~~~'Hr;~f.1 AJ..../ '=1/),;). '. 7fn ~ 70//
atlU!ll(a!l'HOIoII NUIlU.... -. ~ - IOu ,I., (WI
~f::::tJf 'I'~ (j'fl
.s.SJ.' S(}I'7#'.JGL ,X ~?
(4/)',t/;"" ;J4 /701
J
EXHIBIT
E
''':.J'
U;, ni 1',.1,11 I MEtlT 01" HOUSING .Il~ID URBAl-.! nI VI j (1\ 'lJEw
SE"[TLEMENT 51 A IEMENT REV. H.1I" 1 "<OJ
~. SETTLtMENT CHARGES '
~U,I~ ~~Al.,r:;,rnnUK~1) V~tl"'''''''''''-~'i'''' !':!~Il,0110,OD-
DI~11iiv1l ur ~'lfI'lnllln (~~ 'HIli 03 folO<N~ ..
7~LL.. III
1.2QLi,._ ~_. _..
/IU. .Gomll1t~:IQllH1j1 $ut\WIllitlt
. !!!!!!J!~/\Il&!M.~ONNECT!ON WITH lOAN
QQ~!~r~O'4W~bmlIaMQ"lUIaDCD'DDr.tloll (~, ,750'~
102, l.oIlIlli_rJ\lIM %
8~, .llPf~~~. \0 WLVM'COnnelt
BOl CU,'J'I Rf:JI;Irl_. . I) Will:hgvl. ~1B8 Col1'ora1lon
.1QLLax Simke F~ _..~Am.rtCln ~ell [Itlte Tn Servlca
~uC~I\ir.U1I1oIlF~ ., In FIrIt^muieaIlF,loodD'41,:Sftrvicu.lnc.
BQ7 PItICM;lOlIlH h:ll . In Wacnovlil U(lnqage Cotpor..irm
eO~.~OUlII=..... .. 11'1 WMhQ~'II.Cotporat!~n
60\): ,,[J()t, frdlll:i"~l:il.iul\ F~ to W3Chovla Mcrlula" Cor~t1on
910. ~ In Wachavla Ucrtulctt Corpor~n"
Hl1.
joo:iTii.!s RBOUrItEO BYL!;Nn.. TO BE PAID IN ADVANCE
!-I\~ DSl12f~O~\r.I Q6IIl1120DIi GIS
!-IIIi' 1.\'tllJllCCm~lIrr:Mll;ijI1Yliu1l1Ior In
~. 11~7nlnoorO"::::'riUI1l rua In
\~
. '000. ,,[SeRVES D~n'H lEND~~ roR
1001. f!.<<~!llncc 'J roo ~M 4~J',~)a6';mmmoOo - . ..t' "1's':FO'4" ~
1002, Ml.lyag~~,._~..!II\,l~$ __ _
IC03~ Cilv ?1;;"ptrtvINI'.9__ ._.,.___~_mu, ~$
V1r'~ rJIIIIII'''')IU~. ~, ~~,._ .58
IO(J~. S~lll;U T dl.~S 12 mo. f:il S 200.&4 Irno _ ~ .. 2,'110,OS _
loot...&:!l.llli\ldlt: A(laIY~5 Jr.~ll,~lll'HIl m Wa&hl1vi~ Monq~! COrpO!l1ion .. 311.1! 1100
11 n.TITLE~HARGE~_. __
1!~I~~Ia:u'llri:i: <_. --=--.--=--~.. ,.m..l.. _'
l1Ii~;~lcrlldoooill'~ll .~" .
.~~ .-- - J
::~ 1111"~~II~fI\CC~,q~ _~ _.", .'. -. ..~
1107, AltOlT)~y',Il"P~.. _~ ,~_ .. .
lill~h.Jd..~~r~f)'
lICO,TiI"'Io,~",~~.~
--....lllli:~tjl,i~ :J.,,,~t:' ilH'ln Nn
11GB. Lendllt'~ p..)lk:v
-1L!2:....~~1
1,111 Enj)'llXl. I:.rll.l3001~,.J ":)1)()
111L-~_
F:"= Uunbe,' C82120 PAI.,1 ')
Tilll;j~e$~SeHIemN'\I~;~1Pln ['rinl~O~ll \537 JMD
l'A1U ~H.OM p,a.IO ~R.OM l
nonllUWttfo I SELLER'S
nJNOOAl FUNDS Ai
~rrn C~C.U1 S6TTlE...'NT
,iK1 for
(P.D.C. :JI1I.no
IP.O.c.!,!,nn
or
"
.70.00
1.50
.
r::l--'
300OOi_
, asoo[~
. Us_
I
II',O,C.) 60.00 BUy"
30.''''''~==-~ _ \ . . 'O~t ..
=-L ----L,_
.. __---L-
l~ Co~nrll"HlsJv~ 9ett:lamtln1 S~rviC8!1 Ine.
1441,66
2OO,000,go .
250,000,00 .1 ,~~7.86 .
10 Ccftlp,ItIU1f1'.:lvo SuttlemGnt 9illfll'h::efo lnc..
15D.UU
15.00
111J. CloGlna 5vc lIr ta ~nmPl'hanslVo liiattlum,m S51ryh."Q.lnc.
1200, GOV\',RNMENT ~ECO~OlNG A.~u IHAH6FER~HARGES ..
':llIl..~8aD""\l~:lD.5CJ ;M.,~"tlJ.80 R(llll:l~n$
!'?,Ili' C11~ICCllJ~~l. 0......1 $~,5Qo,on . MI"l~nl\'~ ~
I,01.:i1l'\lc.l~Af~'tllllr1' DIl"oJ ~?500.00 . U...nn!Wl.!I;
!~..-
1200:;
iiJiiliiUij'10NAL SETTLEMENT ~HARGES
,~(l.1. 2li1!GC(rJ:i.lv,rrIJ'W!~
lm,20041(J~S:hgoll<llJt:'"'"
. . l"ijiJ~l~n~l~ ~penS4
~~ijllml..-.a1kJllF~
11'1fi~rr.<I1iIII.l..uJ.2~11l
1 i..()OCUlnlilt,EII,I1J F\lt:l
13(J/
lJ06
~-
1Il~OO '-
tm,oo. '-.
. ~,jOO.DC
" ,.-
[100, ToT Al.9ETTtENENT~! IAR""R
IMWm\\riC:\lQ'a SoctlonJand
~,C,15U,11 SOI1"\
fp,O,C,I/A10.02 S~II.. - _."
Inc. "-' . ----10.
Inc. .. 20
:tll~
lU~
..
-
!D~I SIll:liulIl(, I ),055,14 3,022
01
.01
~
~
In Qom~nGI...naiYI $1tlll"mllnl8QN!GC~1
b:l GDmpmhenslYo SettlemBnl Stlr11'''I,
III H.~DII8n TQWI'IINo UtlUti85
10 mine G. RiJddlrr. Ela.
.~
1,:1:it:;t&l~=lti:i~~~~~~ ~~,",:~::~.:=~l';';:~;,:: =-tJ;li~:::'~~=::U"'" I.. 11IM m.. ......-.IIM.",...T.I.U ......'''' ........ia,I.-.,... ....__ rIl" ~C."'I..o1
~ ~~y2L''fj"",
'ff:f!!ff::::'_._...,...J.~ "~~4'1.!!.:':!!:~._...~:::~:::'~
I....'D !'tATfa ON nil:! em afl\l !IIILJA FORlI PINN"I.S ulUllt.ON'Il~'lI(IN , I ordt _. U.t~~__lIoI~'Q'" ..,.",..I_~. "1,1I...IIItmll'l'.
~.-.:'~,",~~I~:C~Cl~~~~~~'ll.oftflOITAl"P&IIIUl' ..~~
.. /1, 4.,~> -L _
-,' 7 '/I'7{/ UAIt:
.~
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EXHIBIT
I F
A. Settlement Statement
u.s. Department of Housing and Urban Development
OMS No. 2502-0265 REV, HUD 1 (3/86)
COMPREHENSIVE SETTLEMENT SERVICES, INC, B. TYPE OF LOAN
1. OFH' 2. DFmHA 3. OCor1V. Unins.
4. OVA 5, DConv.lns.
6. FILE NUMBER 17. LOAN NUMBER
CS2120
8. MORTGAGE INSURANCE CASE NUMBER
C. Note 105 orm IS urn,s e "gIve you a S a emen 0 Be liB 50 amen CDS . moun pa "an y e Se 8men agen ere sown. II TitleExpress Settlement System
Items marked "lp.o.c.)" war. paid outside Ihe closIng; Chey ere shown here for Inlormatlon purposes and are nol Included In the totals.
%~~;~~~o~; ~~~ i~~I~dee ~fi~~oa~~~n~:~~~~~:. ~~:d~:ai:: :~~n~~i~~dU~~.tCs,,~~ ~h~~tl~n.~6o~I~~~ s~~~~i~~o;~~i:,en.ltieS upon Printed 05112/2005 at 10:45JMD
O. NAME OF BORROWER' Lee M. Rogers and Jeanette R. Rogers
ADDRESS
E. NAME OF SELLER George A. Vaughn, III end Frances T. Vaughn
AODRESS:
F_ NAME OF LENDER Wachovia Mtg Corp.
ADDRESS: 1 Jefferson Souare Waterburv. cT 06706
G, PROPERTY ADDRESS 3606 Golfview Dr" Mechanicsburg, PA 17050
Hamnden Townshill
H. SETTLEMENT AGENT: Comprehensive Settlement Services, Inc, Telephone: 717.509-1500 Fax: 717-509-1550
PLACE OF SETTLEMENT: 600 A Eden Road Lancaster PA 17601
I. SETTLEMENT DATE: 0511212005
J. SUMMARY OF BORROWER'S TRANSACTION: K, SUMMARY OF SELLER'S TRANSACTION:
100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER
101 Contract sales nrice 250000.00 401. Contract sales "rice 250000.00
102 Personal ProDertv 402. Personal Pro"ertu
103 Selllement charnesto borrower lIine 14001 7855,14 403.
104 404.
105 LibrarvTax OS11210SI01213110S 28.91 405 LibrarvTax 051121051012131105 28.91
Adjustments for items "aid bv seller in advance Adiustments for items oaid bv seller in advance
106 Citvltown taxes 0511210SIo12131105 28.91 406. CiHtowntaxes 051121051012131105 28.91
107 Countvtaxes 05112/051012131105 322.22 407. Countvtaxes 051121051012131105 322.22
108 School Taxes 051121051006130105 330.13 408. School Taxes 051121051006130105 330.13
109 Water/Sewer Anril1. JtOIiItal051006130105 63.01 409. Water/Sewer I Ar'riI1. JtOi/t2105 to06/30/05 63.01
110 410
111, 41t
112 412.
120. GROSS AMOUNT DUE FROM BORROWER m628.32 420. GROSS AMOUNT DUE TO SELLER 250773.18
200. AMOUNTS PAID BY OR ON BEHALF OF BORROWER 500. REDUCTIONS IN AMOUNT DUE TO SELLER
201 De"ositorearnestmonev 5000.00 50t Excess De"osit see instructions
202. Princinal amounlofnewloal1s 2011000.00 502. Settlement char"es to seller lil1e1400\ 3022.8S
203 Existina loanls\ taken sub'ectto 503. Existlnn ioanls\ taken subiectto
204 504. Pa"offofFirst Mortnane Loan 57508.46
Fulton Bank
205 505, Payoff of Second Mori~~--;; Loan 134475.88
Phelan Hallinan & Schmien LL
206 506.
207 507.
208 508.
209 509.
Adjustments for items unoaid b'V seller Adjustments for items unllaid bv seller
213 513.
214 514.
215 515,
216. 516.
217 ~;17 ,
218 518.
219 5',9
220. TOTAL PAID BYIFOR BORROWER 205 000.00 52,1. TOTAL REDUCTION AMOUNT DUE SELLER 195007.19
300. CASH AT SETTLEMENT FROM OR TO BORROWER 60,. CASH AT SETTLEMENT TO OR FROM SELLER
301 Gross amount due from borrower lirle120\ 258628.32 60t Gross amount due to seiler line 420\ 250773.18
302 lessamountsnaidb"/forborrowerllirle220\ 205000.00 602. lessreductionamounlduesellerlline520\ 195007.19
303. CASH FROM BORROWER 53628.32 603. CASH TO SELLER 55765.99
SUBSTITUTE FORM 1099 SELLER STATEMENT: The Inlormetlon tontalned Ileraln Islmportanl tn InformatlO' _ and Is being lurnlshed 10 Illo Inlemal Revenue Servl"e. 11 you are required 10 IlIe a relum
~ negllgente penalty or olllar unction will be Imposed on you Ilthl. 1lem Is required to be reponed and Ihe IRl delermines thallI has not been reported. Tho Contra"1 Sales Price descrlbed on
IIne401 above eonslllules \Ile Gross Proceeds oflhls transacllon.
You are required by law h, provide_the selllemenl agenl (Fed. Tn ID No: 1 with your ~~;7:~~J tnpayer Idenllfiea!!on nu,,:,ber. II you do nol provide your correCl tupayer Identification
number, you may besub]ec\ ~~IV'I or criminal penallles Imposed by law. Under peneltles 01 p.er]u'Y. I Ce~I'llhe number Sho,:,n n Ih/statemenl1 my correclla.payer Idenllfloallon number.
TIN: 1/"lq.U.~1 . _ SELLER(SISIGNATURE(Sl:~~ ',Z,}. . ~
;;.LLL..f--. __~
SELLER(Sl NEW MAILING ADDRESS: ,:j 749 //'i./#rd.J'(7~ (1r..I /, - ~ 4'/'C,!() .' ')1'/
SELLER(S) PHONE NUMBERS' '~I 7-- - 7- ~ 7- 0 / O(~H) (W)
,
EXHIBIT
"G-
U,S DEPARTMENT OF HOUSING AND URBAN DI:VELOPMENT
SETTLEMENT STATEMENT REv HUDl (3fflB!
File Number: CS2120 PAGE 2
TiUeExDress Settlement System Printed 05(12(2005 all 0'05 JMD
. L SETTLEMENT CHARGES PAID FROM PAID FROM
700, TOTAL SALES/BROKER'S COMMISSiON baseC'/ on price $250,000,00 = BORROWER'S SELLER'S
Divisiol1ofeommissionlline700lasfollows' FUNDS AT FUNDS AT
"'01. $ to SETTLEMENT SETTLEMENT
702, $ to
703. Commission oaid al Selllemenl
800. ITEMS PAYABLE IN CONNECTION WITH lOAN
801 LoanOriQinaH01lFllB 1.000 %Wachovla Morlaaae Corooratlon 1';1 "nnn PrY' LRNDER 250.00
B02 Loan Discount %
BOJ Anoraisal Fee to Bettv McConneli tP.O.C.) 300.00 Buver .70.00
BO' CredilReporl 10 Wachovia UortQaae Corooratlon IP.O.C.\ 15.00 Buver 1.50
B05 Tax Service Fee to First American Real Estate Tax ServIce 76.00
806. Flood Cerlilication Fee to First American Fiooa Oala Services Inc. 8.00
B07 ProcessinQFee to Wachovia UortaaQiJ COrDoratlon 300.00
BOB AllulicalionFee to Wachovla Mortaaae- Corporation (P.O.C.l80.00 Buve,
B09 Doc, Transmission Fee to Wachovla UortllaQfl CorpOratIon 25.00
810 MEAS Fee 10 Wachovla Morto8Q8 Corporation 3.95
811
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901, Interest From 0511212005 to 0610112005 "'I 30.14001dav 20 Davs 602.80
~.M2J:!.gQgelnsurancePremiumtor to
903, Hazard InsllrancePremium for to
90'
905
_1000. RESERVES OEPOSITED WITH lENDER FOR
i(J(JL Hazard Insurance 3mo,@$ 42.92 lroo 128.76
1002 Morlodoelnsuranee mo.fril.t Imo
1003 CjtvProperlyTaxes 4 mo, (iil$ 3.761mo IS.04
1004 CuunlvProoerivTaxes 4 mO."'l 41.691mo 167.56
1005 Sehoul Taxes 12 mo. (ii)~ 200.841mo 2410.08
1009. AQQreQate Analvsis Adjuslment to Wachovla Mortllaae Cornoration .311.43 0.00
1100. TITLE CHARGES
--.1lQL8ett!emenlor closina lee
1102, Abslracl or litle search
1103. Tilleexaminalion
1104. Tille insurance binder
llO5
1106
1107, AttomelJ's fees
fincludesaboveilemsNo
~IjlJelnsllranee 10 Comorehenslve Settlement Services Inc. 1447.88
-.JLncludes above items No: \
1109 Lender'sPoliclI 200 000.00 .
1110 Owner'sPolicv 250,000.00 ,,1,447.88
1111 End 100 End 300 End 900 to Comorehenslve Settlement Services Inc, lS0.00
1112
1113. ClosinQ8vcUr to Comorehensive Settlement Services Inc. 35.00
1200. GOVERNMENT RECORDING ANO TRANSFER CHARGES
1201. RecOldino Fees Deed $38.50 Mort"ae $74.50 'ReleaseS 113.00
1202, CilvfCountvtax/slamos Deed $2 500.00 . Mortaaae 1 2500.00
1203 SlaleTaxlslamos Deed '2 500.00 'Mortaaae$ 2 500.00
1204
1205
1300. ADDITIONAL SETTLEMENT CHARGES
1301, 2005 Co, & Two. Taxes (P.O.C.\ 547.72 Seller
1302 2004/05 School Taxes IP.0,C.12 410.02 Seller
1303 FedEx/MessennerExoense 10 ComDrehenslve Settlement ServIces Inc. 20.00
1304. Tax Cerli~calion Fees 10 Comorehensive Settlement Services. lnc, 20.00
1305. Sewerrrrash IAcct. 294611l to Hamaden Townshla Utl1lUes 382.85
1306 Document Prep. Fee to Diane G. Radcliff Esa. 100.00
1307
1308
1400. TOTAL SETTLEMENT CHARGES (llnter on Hnes 103 Seclion Jand 502 SectlonK\ 7855,14 3022.85
l~':hl~ i~:~~~I~~j~~lUi~~t~~~"c~XI~1h~~lll~::nrll~~i~:,::n~a-;yll ~ftr"" J'u~tf~':ll~::'~~:I:l~il-::n~"flll. 1111 I lr~1 Inll murotl II1lImlnl er III "Cllpll and dllburUmln1' mllll an my acceunt O( by IT
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WARNING: IT IS ACRIUE TO KNOWINGlV t,(AKE FALSE STATEMENTS TO THE
UNITED STATES ON THIS OR ANY SIUllAR I'ORU, PENALTIES UPON CONVICTION
CAN IIleluDE A FINE ANti IMPRISONUENT. FOR DETAILS SEE TlT1.E 18;
!) S. CODE SECTION lOOl,WD SECTION 1010
ThlHUDtSIUllmln Sr.tlm1nlwhlchlhIVIProPlrodl.lbullndlccuroll.ccOUnlorlhlll"nuello
I hlVI cluBlll or wlllelula thl rU~1 10 b. dl.bu,aad In Iccardancl With Ihll 'lltlmlnl
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PAYOFF QUOTE
Effective Date of Quote:
04118/05 {Jfp.ytrI.nt not rtotlved bythl. d.te, .dd tfI,. prwditm flit /ndic./td b./ow}
Make Check Pavable to:
FULTON BANK
Total PBvoff (as of effeJ:tive datel;
~7.186.22
SENTlO: Deb
Fax 1717) 975-0697
FROM: Natasha Kara
Fulton Financial Corporation
Special Assets Department
One Penn Square
Lancaster, PA 17602
Phone: F17) 291-2705
Date Sent:
04/18105
illB!l
Account Number
CUSTOMER: GEORGE A. and FRANCES VAUGHN ACCOUNT#:
CL
7151358 - 0101
Principal $ 53,711.49
Interest 1,854.17 (Per Diem) S 10.07
Late Fees 83.96
Legal Fees 1,352.60
Sat Fees 184,00
Total Due $ 57,186,22
Comments:
EXHIBIT
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.
ESCROW AGREEMENT
THIS AGREEMENT made this
day of May, 2005, by and between Georl!e A.
Vaul!hn. III, (hereinafter "GAV") and Frances T. Vaughn, (hereinafter "FTV") and
~\Jt9AQl:f~Irr<;plg boU!{,b l'- ceScp_, (hereinafter "Escrow Agent"),
WITNESSETH:
WHEREAS, GAV and FTV have entered into a certain Agreement of Sale for the sale of
their jointly owned real estate known and numbered as 3606 Golfview Drive,
Mechanicsburg, PA 17050, final settlement thereon to be held on May 12, 2005; and
WHEREAS, GAV and FTV have requested Escrow Agent to receive the net sales proceeds
received from that sale, which sum shall be held in escrow by Escrow Agent.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as
follows:
1. GA V and FTV shall direct the settlement agent to issue the proceeds check from
the sale of 3606 Golfview Drive, Mechanicsburg, PA 17050 to be made payable to
the order of Escrow Agent. If the settlement agent refuses to issue the check in
such manner, then at settlement, GAV and FTV shall endorse said check over to
the Escrow Agent. Escrow Agent shall receive and hold all of such net proceeds
in escrow and shall not distribute the same to the parties, or either of them,
absent mutual written agreement of the parties or Court Order.
2. The escrow shall be held in an interest bearing account or accounts at such
financial institution as Escrow agent may in her discretion determine is
appropriate under the circumstances. Half of the interest earned shall be
reported under the Social Security Number of GAV, # 198-40-9249. The other half
of the interest shall be reported under the Social Security Number of FTV, #209-
42-5550.
3. It is understood and agreed that Escrow Agent is an escrow holder only, is merely
responsible for the safekeeping of the fund and shall not be required to determine
questions of law or fact.
4, In the event of a dispute, Escrow Agent is authorized to pay the fund into the
court.
5, In the event costs or expenses are incurred by Escrow Agent because of litigation
or otherwise arising out of the holding of the fund, Escrow Agent shall be entitled
EXHIBIT
- 1 -
I
I
'-"'..""""
.
:
to be reimbursed out of the fund for any such reasonable costs and expenses.
Payment of such reimbursement costs and expenses shall only be made by Court
order or mutual written agreement of the parties.
6. Escrow Agent assumes no liability for the amount of interest payable on the funds
held,
7. This Agreement constitutes the entire agreement of the parties hereto regarding
the fund,
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written:
WITNESS:
,/~~
GORGE A. GHN, III
j{;r/J(~L<f (-;I /h//~l
~FRANCES T, VAUGHN
(SEAL)
(SEAL)
(SEAL)
ESCROW AGENT
- 2 -
.
..
FRANCES T, VAUGHN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
GEORGE A. VAUGHN, III,
DEFENDANT
PACSES NO, 619106737
826 SUPPORT 2004
INTERIM ORDER OF COURT
AND NOW, this _l>~ day of April, 2005, the interim order of court
dated January 7,2005, IS VACATED. The case is remanded to the Support Master. IT
IS ORDERED that defendant, George A. Vaughn, III, shall submit to an independent
physical and mental examination for the purpose of assessing his ability or lack thereof
to work. Thereafter, the Master shall upon a motion by either party conduct an
additional hearing and file a report and recommended order. In the interim, for the
period of September 14, 2004 through November 8,2004, defendant shall pay spousal
support in the sum of $1,371 per month,
Richard C, Rupp, Esquire
For Plaintiff
Barbara Sumple-Sullivan, Esquire
For Defendant
Michael R. Rundle, Esquire
Support Master
:sal
EXHIBIT
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---------
RECEIVED MAY 1 7 Z005 f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T, VAUGHN,
Plaintiff
NO, oS; - 1--50 ~ C, ~ l::U.1""'-
v,
CIVIL ACTION - LAW.
GEORGE A. VAUGHN, III
Defendant
DIVORCE
ORDER FOR A RULE AND HEARING
AND NOW, this ;J.O-tA day of '1Y\~ ' 2005_, upon consideration of the within
Petition, IT IS HEREBY ORDERED tha a Rule is lssued upon the Respondent, George A,
Vaughn, III and Respondent, Fulton Bank, to show cause why the relief requested in the
within Petition should not be granted,
The Rule is returnable at a hearing to be held in this matter on the I /,;, ~ day of
'lL.L ,2005 at f,?,[) o'clock .f-.m, in Courtroom ~ of the
Cu erland County Courthouse, Carlisle, Pennsylvania,
The parties shall appear at that date and time and give testimony and argument
on the issues raised in the within Petition,/' I
/
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T, VAUGHN,
Plaintiff
: NO. 05-2508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A. VAUGHN, III,
: DIVORCE
Defendant
ACCEPTANCE OF SERVICE
I, Barbara Sumple-Sullivan, attorney for the Defendant in the above-captioned
action hereby accept service of the Complaint duly endorsed with a Notice to Plead,
which Endorsed Complaint was filed in the above captioned matter on May 16, 2005.
Date:
~MJ0!3-
/
l
certify that I am authorized to accept service 01)-0
i Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
Attorney for the Defendant
-----
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T, VAUGHN,
Plaintiff
: NO, 05-Z508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A, VAUGHN, III,
: DIVORCE
Defendant
ORDER OF COURT
AND NOW, thiS-rt day of
.A M-{?
, Z005, in consideration of the
attached Stipulation, the Special Relief hearing scheduled for June 16, Z005, is continued
and rescheduled for August 15, Z005 at 1 :30 p.m. in Courtroom No. Z of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
Distribution to:
Diane G. Radcliff, Esquire, Attorney for Plaintiff, 3448 Trindle Road, Camp Hill, PA 17011
Barbara Sumple.SulIivan, Esquire, Attorney for Defendant, 549 Bridge Street, New Cumberland, PA 17070
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T, VAUGHN,
Plaintiff
: NO. 05-Z508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A, VAUGHN, III,
; DIVORCE
Defendant
STIPULATION
AND NOW, comes Diane G. Radcliff, Esquire, attorney for the Plaintiff, Frances
T, Vaughn, and Barbara Sumple-Sullivan, Esquire, attorney for the Defendant, George A,
Vaughn, III, and stipulate and agree that the June 16, ZOOS hearing on Plaintiff's Petition
for Special Relief shall be continued and rescheduled for August 15, ZOOS at 1 :30 p,m.
in Courtroom No. Z of the Cumberland County Courthouse.
IN WITNESS WHEREOF, this Stipulation has been signed on this ICR t----- day of
~
, ZOOS.
G;;1~ J \S~ /
~M ~ ~h..J
{SEAL}
{SEAL}
PLE-SULLlVAN, ESQUIRE
o
Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-2508
GEORGE A. VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PETITION RAISING MARITAL
CLAIMS UNDER THE DIVORCE CODE OF 1980
AND NOW, this 26th day of July, 2005, comes Defendant, George A. Vaughn, III
(hereinafter referred to as "PETITIONER"), by and through his attorney, Barbara Sumple-Sullivan,
Esquire and files this Petition Raising Marital Claims Under the Divorce Code of I 980 and in support
thereof states as follows:
1. A Complaint in Divorce was filed on May 16, 2005.
2. Petitioner is the Defendant in the above action.
3. Defendant lacks sufficient assets to provide for his reasonable needs and is unable to support
himself fully through appropriate employment.
4. Petitioner requests the Court to enter an order granting support, alimony pendente lite and
alimony to your Petitioner as the Court deems reasonable pursuant to Sections 3701 and 3702
of the Divorce Code of 1980, together with any amendments thereto.
5. Defendant requests an award to him of counsel fees and costs.
WHEREFORE, Petitioner requests your Honorable Court to enter an award of alimony and
enter an award of alimony pendente lite, spousal support, until final hearing, and thereupon enter an
award of alimony.
DATE: July 26, 2005
Respectful~tted
;/BM = Sumpl~,"";,,,,, E,quire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court LD. 32317
Attorney DJr Defendant
2
Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717)774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 05-2508
GEORGE A, VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
VERIFICATION
I, George A. Vaughn, III, hereby certify that the facts set forth in the foregoing PETITION
RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and
belief, I understand that any false statements made herein are subject to penalties of 18 Pa, C,S,A,
34904 relating to unsworn falsification to authorities,
DATED:
07 /~ !.as
A~_~~~
~A.Vfti. HN,III
, ,
Barbara Sump Ie-Sullivan, Esquire
Supreme Court #323 I 7
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 05-2508
GEORGE A VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing PETITION RAISING MARITAL CLAIMS in the above-captioned
matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows:
DATED: July 26, 2005
Barbara Sumple-Sullivan, Esquire
Attorney for Defendant
549 Bridge Street
New Cumberland, P A 17070-1931
(717) 774-1445
Supreme Court LD. No. 32317
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IN THE COURT OF COMMON PLEAS OF
CUMBEnAND COUNTY, PENNSYLVANIA
FRANrF~~ T VAnc:HN
Plaintiff
'IS.
GEDRGE A. VAUGHN, III
NO.
05-2508
tix
George A. Vaughn, III
a master with respect to the
( X ) Divorce
( ) Annulment
( X ) Alimony
( X) Alimony Pendente
MOTION FOR APPOTIlTI1ENT OF MASTER
(~ (Defendar~,
following claims:
moves the court to appoint
Lite
( X)
( X)
( X)
( X)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for ,...hich the
appointment of a master is requested.
(2) The defendant (has) (~ app,aared in
(by his attorney, Barbara Sumple-Sullivan
(3) The staturory ground(s) for divorce (is)
the action Qp~
,Esquire).
(are) 3301(c) 3301(d)
3301 (a) (6)
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the
follOWing claims:
claims:
(c) The action is contested with respect to the following
Distribution of Property, Support, Alimonv. API.. Counsel. "'=" and en"j-" "nn RxpeDilSe:
(5) The action (lavvl.~a) (does not involve) complex issues of law
or fact.
,ey for~
Barb "",~IDefendant). ,
ORDER APPOINTING 21ASTER ara ~~.....le-~u.LHvan, EsgulXe
(hours) (days).
the motion:
(6) The hearing is expec ted to take
(7) Additional information, if any
Date: July 26, 2005
AND NOW ,19 ,
is appointed master nth respect tothe following claims:
Esquire,
By the Court:
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I~ THE COURT OF COMMON PLEAS OF
Ct'MBERUNJ) COUNTY, PENNSYlVANIA
F'RANr'F'M~ T. VA[1C:HN
Plaintiff
vs.
GroRGE A. VAUGHN, III
NO.
05-2508
it:ix
George A. Vaughn, III
a master with respect to the
( X ) Divorce
( ) Annulment
( X) Alimony
( X) AliJnony Pendente Lite
MOTION FOR APPOINTMENT OF MASTER
(~ (Defendant),
following claims:
moves the court to appoint
( X)
( X)
( X)
( X)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery 1$ complete as to che claims (s) for '.hich the
appointment of a master is requested.
(2) The defendant (has) (~ appE!ared in
(by his attorney, Barbara SUIllPle-Sullivan
(3) The staturory ground(s) for divorc:e (is)
3301 (a)( 6)
the action ~
,Esquire).
(are) 3301 (c) 3301 (d)
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached. with respect to the
follOW'ing claims:
claims:
(c) The action is contested with respect to che following
Distribution of Property, Support, Alimony. APL. Counsel. 1;>"""" ",ncl ('n",t-", "00 l<<peJmses
(5) The action (Luvul.~3) (does not involve) complex issues of law
or fact.
AND NOW
is appointed
ley for ~
ORDER APPOINTING MASTEREarbara S;f~~\1&A, Esquire
,t!-~ E ~;f r:~A' Esquire,
respect to the following clailns: "" ({::,
1"1>>-. .J./I tz
(hours) (days).
the mot.ion:
(6) The hearing is expected co cake
(7) Additional information, if any
Date: July 26, 2005
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FRANCES T, VAUGHN,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
GEORGE A VAUGHN, III,
DEFENDANT
: 05-2508 CIVIL TERM
AND NOW, this
ORDER OF COUR1:
~ day of August, 2005, the hearing scheduled
for Monday, August 15, 2005, shall commence at 10:00 a.m., instead of 1 :30 p.m.
By the \;oart,
;;:
Ed~B'
:/
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~ne Radcliff, Esquire
For Plaintiff
/
~rbara Sumple-Sullivan, Esquire
For Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff
: NO. 05-2508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A. VAUGHN, III,
: DIVORCE
Defendant
PETITION TO WITHDRAW AS LEGAL COUNSEL AND FOR STAY OF PROCEEDINGS
AND NOW, this '-f~ of August, 2005, comes the Petitioner, Diane G. Radcliff,
Esquire and files the above referenced Petition and represents that:
1. Your Petitioner is Diane G. Radcliff, Esquire an Attorney duly authorized to
practice law in the Commonwealth of Pennsylvan'ia and having a principal place
of business located at 3448 Trindle Road, Camp Hill, PA 17011.
2. Defendant is George A. Vaughn, III and is currently represented by Barbara
Sumple-Sullivan, Esquire
3. Plaintiff is Frances T. Vaughn and is currently represented by Diane G. Radcliff,
Esquire.
4. This is an action for or involving a divorce and related economic issues.
5. Since Diane G. Radcliff, Esquire has undertaken the representation of Plaintiff,
Frances T. Vaughn, the following events have occurred which make it impossible
or impractical for her to continue in this legal representation:
A. Frances T. Vaughn has incurred a substantial balance in attorneys fees
owed to Petitioner and has failed to pay the balance owed when due in
accordance with the terms of her fee agreement with the Petitioner.
B. Plaintiff, Frances T, Vaughn and Petitioner have a substantial
disagreement as to how the case should be handled and Petitioner is
unable to abide by Plaintiff's instructions, and Plaintiff is unable to follow
Petitioner's advice.
6. Petitioner has contacted Defendant's legal counsel regarding this Petition.
Defendant's legal counsel has advised Petitioner that she neither consents to nor
dissents to the request for leave to withdraw as legal counsel. A copy of
Defendant's legal counsel's letter dated August 3,2005 is attached hereto, made
a part hereof and marked as Exhibit "A".
7. This case was previously assigned to the Honorable Edgar Bayley.
8, The Divorce Master was recently appointed in this case. As of the current date
no action has been taken by the Divorce Master to schedule a conference, hearing
and/or the filing of Pre-Trial Statements.
9. Plaintiff previously filed a Petition for Special Relief requesting in part that a
certain debt owed to Fulton Bank be paid from the proceeds of the sale of the
parties' marital home. That matter is scheduled for a hearing before the
Honorable Edgar B. Bayley on August 15, 2005 at 1 :30 pm. That action should be
stayed so that Plaintiff can secure replacement counsel.
WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order
1. Staying all proceedings pending determination of the relief requested in
this Petition, including but not limited to the hearing scheduled for August
15, 2005 on the Petition for Special Relief and any action by the Divorce
Master.
2, Granting Diane G. Radcliff, Esquire leave to withdraw as legal counsel for
Plaintiff, Frances T. Vaughn.
Respectfully submitted,
~JFF: ~(
CL ;-'ESQUIR
~ Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
, Aug.'), 2005 11 :30AM
j . ' .
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No 1062 P
LAW OF:FICEB
BARBARA SUMPLE-SULLIVAN
5019 BRIDGE STRltltT
NEW CUMBERLAND. PENNSYLVANIA 111Jf70~1991
PRONE (717) 774-1446
FAX (717) 174~7069
August 3, 2005
~ RECEIVED
)(1370 5'
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Via fax and regular mail
Re: Vaughn v. Vaughn
Dear Diane:
Per our conversation, you had inquired as to whether I would contest your
withdrawal as cOlll1sel for Frances Vaughn in the above captioned matter. You indicated
that your petition would request a stay ofthe hearing scheduled for August 15, 2005.
Please note that I have no issue with a continuance of the August 15, 200S hearing until
such time as Mrs, Vaughn's representation is confumed, I would, however, like to have
the house escrow check negotiated by the parties and placed in an interest bearing
account until fmal resolution of this case, This would benefit both parties.
Regarding your request of my position on your withdrawal, I am not going to take
a position to either consent or dissent; I will leave that to determination of Judge Bayley
based on your petition and Mrs. Vaughn's response, I am sending this to you in writing
so that you can attach it to your petition when it is filed.
Thank you for your consideration in this case.
i'
Barbara Sumple-Sullivan
BSS/lh
cc: Mr. George A. Vauglm, III
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understands that false statements herein are made subject to the penalties of 18
Pa.c.S. Section 4904, relating to unsworn falsification to authorities.
~ocLl~d t
CERTIFICATE OF SERVICIE
AND NOW, this _ day of AUlJust, 2005, I, DIANE G. RADCLIFF, ESQUIRE, hereby
certify that I have this day served a copy of the foregoing document upon the following
named person(s), by mailing same by first class mail, postage prepaid, addressed as
follows:
Frances T. Vaughn
928 Belair Drive
Berwick, PA 18603
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
L1FF, ESQUIRE
ad
Ca ,17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court 10 # 32112
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RECEIVED AUG 08 200y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff
: NO. 05-1.508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A. VAUGHN, III,
; DIVORCE
Defendant
RULE TO SHOW CAUSE
AND NOW, thi~ day of 05 upon consideration of the within
Petition, A Rule is issued upon the P aintiff, ranees T. Vaughn, and the Defendant,
George A. Vaughn, III, to show cause why Diane G. Radcliff, Esquire should not be
granted leave to withdraw as legal counsel for the Plaintiff, Frances T. Vaughn.
Rule Returnable ~ days after service.
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for ~4aI-~+ fi6:heduled fgr Al:Igl:Ist 15, 20aS ;" ""(.o"L;"y~<f g.!:J'Ie...II_ "'''0
_r1ptprminatiof.l of tRl! relief ,~...u"'~L~d 11'1'/
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''''. JUDGE
~
Distribution to:
Attorney for Plaintiff: Diane G. Radcliff, Esquire
Attorney for Defendant: Barbara Sumple Sullivan, Esquire j.".. _ II _ .
Piaintiff: Frances T. Vaughn Il,~ ~-f/6J~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff
: NO. 05-2508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A. VAUGHN, III,
: DIVORCE
Defendant
MOTION FOR CONTINUANCE
AND NOW, this ~ay of August, 2005, Diane G. Radcliff, Esquire, Attorney for
Plaintiff, hereby moves this Honorable Court to continue the hearing on Plaintiff's Petition for
Special Relief scheduled in this case for August 15, 2005 at 10:00 am, and in support thereof
represents that:
1. The continuance of the August 15, 2005 hearing is necessary in that the parties have
reached a tentative agreement of all issues in the divorce case, and time is required to
see if that agreement can be finalized.
2. Defendants's Attorney, Barbara Sumple Sullivan, Esquire, concurs with this Motion for
Continuance as appears on the Consent attached hereto, marked Exhibit "A" and made
a part hereof.
3. Plaintiff concurs with this Motion for Continuance as appears on the Consent attached
hereto, marked Exhibit "B" and made a part hereof.
Respectfully submitted,
DIANE G. RA L1FF, ESQUIRE
oad
Camp Hill, PA 17011
Phone: (717) 737-()100
Fax: (717) 975-0697
Supreme Court 10 # 32112
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on August 12, 2005, I served a true
and correct copy of foregoing Motion for Continuance upon Plaintiff and Defendant's by mailing
same by first class mail, postage prepaid, addressed as follows:
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
Frances T. Vaughn
928 Belair Drive
Berwick, PA 18603
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R~Jg.;I. lU051 :5iPM
DIANE RRDCLIFF
7,N 0 ,.11 :5 2069P, 2 p, 03/134
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff
: NO. 05-2,508 CIVIL TERM
v
: CIVIL ACTION. LAW
GEORGE A. VAUGHN, III,
: DIVORCE
Defendant
~SENT TO CQNTI~ OF AUGUST 15. 2005 HEARING,
ON PLAltiIlFF'S PETIIIQN FOR SPECIAL RELIEf
I, Barbara Sumple-SuUivan, Esquire, attorney for the Defendant, George A. Vaughn, III,
hereby consent to the continuance of the hearing on Plai . '5 Petition for Special Relief
Scheduled for August 15, 200S at 10:80 am, having I?Jti g d yaut 'zed to execute this
consent on behalf of the defendant. I hereb Gthor' ." cour to enter an Order
grantlng that continuance.
Barbara Sumple-Sultivan, Esquire
Attorney for Defend~lnt
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff
: NO. 05-2508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A. VAUGHN, III,
: DIVORCE
Defendant
CONSENT TO CONTINUANCE OF AUGUST 15. 2005 HEARING
ON PLAINTIFF'S PETITION FOR SPECIAL RELIEF
I, Frances T. Vaughn, Plaintiff, hereby consent to the continuance of the hearing on
Plaintiff's Petition for Special Relief Scheduled for August 15, 2005 at 10:00 am. I
hereby authorize the court to enter an Or granting that continuance.
ranees T. VaUgh{Pla~~.yJ
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T, VAUGHN,
Plaintiff
: NO. 05-2508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A. VAUGHN, III,
: DIVORCE
Defendant
ORDER
AND NOW, this
IT IS HEREBY ORDERED that the hearing on Plaintiff's Petition for Special Relief scheduled for
August 15, 2005 at 10:00 a.m is hereby continued generally. It will be cheduled at the
/
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! stt day of August, 2005, upon consideration of the within Motion,
request of either party, if necessary.
Distribution:
Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011
Attorney for Defendant: Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland,
PA 17070-1931
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff
: NO. 05-2508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A. VAUGHN, III,
: DIVORCE
Defendant
CERTIFICATE OF SERVICE
I, Deborah L. Donley, paralegal for Diane G. Radcliff, Esquire, hereby certify
that on August 9, 2005, I served a true and correct copy of the Petition to Withdraw
as Legal Counsel and the Rule dated August 9, 2005 entered on that Petition upon
Plaintiff, Frances T. Vaughn, by handing a copy of the same to the Plaintiff, Frances
T. Vaughn, at the following address:
Law Office of Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
A1'/~ Of "d~
Deborah L. Donley, Paralegal
Law Office of Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff
: NO. 05-2508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A. VAUGHN, III,
: DIVORCE
Defendant
CERTIFICATE OF SERVICE
I, Deborah L. Donley, paralegal for Diane G. Radcliff, Esquire, hereby certify that
on August 9, 2005, I served a true and correct copy of the Petition to Withdraw as Legal
Counsel and the Rule dated August 9, 2005 entered on that Petition upon Barbara
Sumple-Sullivan, Esquire, attorney of record for Defendant, George A. Vaughn, III, by
handing a copy of the same to the said attorney's receptionist at her law office located
at the following address:
Law Office of Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
~df /IAh1~
Deborah L. Donley, Paralegal
Law Office of Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff
: NO. 05-2508 CIVIL TERM
v
: CIVIL ACTION - LAW
GEORGE A. VAUGHN, III,
: DIVORCE
Defendant
MOTION FOR RULE ABSOLUTE AND ENTRY OF ORDER
Jt/-f.. Cin",h
AND NOW thiS7\~ day ofc..R~ \.:;);2005, Diane G. Radcliff, Esquire, Attorney for Frances
T. Vaughn, the Plaintiff in the above captioned case, hereby moves this Honorable Court to
make the Rule entered on August 9, 2005 absolute and to grant Diane G. Radcliff, Esquire leave
to withdraw as legal counsel and attorney of record for Plaintiff, Frances T. Vaughn, and assigns
the following reasons therefor:
1. On August 4, 2005, your Petitioner, Diane G. Radcliff, Esquire filed a Petition seeking to
withdraw as legal counsel for Plaintiff, Frances t. Vaughn.
2. On August 9,2005, this Honorable Court entered a Rule against the Respondents, Plaintiff
Frances T. Vaughn and Defendant George A. Vaughn, III to show cause why the requested
relief should not be granted, which Rule was returnable 3 days after service.
3. On August 9, 2005 , the Petitioner, Diane G. Radcliff, Esquire, served a true and correct
copy of the Petition and Rule upon the Respondents as appears on the Certificate of
Service filed of record in this case.
4. More than three (3) days have elapsed since the Petition and Rule was entered on the
Respondents and no Answer to the Rule has been filed by the Respondents.
WHEREFORE, Petitioner, Diane G. Radcliff, Esquire respectfully requests this Honorable Court
to make the Rule entered on August 9, 2005 absolute and grant her leave to withdraw as legal
counsel and attorney of record for Plaintiff, Frances T. Vaughn.
Respectfully submitted,
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CLIFF, ESQUIRE'
e Road
Camp Hill, PA 17011
Supreme Court ID 32112
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FRANCES T, VAUGHN,
Plaintiff,
No, 05-2508 CIVIL TERM
vs,
CIVIL ACTION - LAW
DIVORCE
GEORGE A VAUGHN, III
Defendant.
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Please withdraw the Divorce Complaint filed to the above captioned number.
Sworn to and subscribed before
me this 24th day of,October, 2005.
,dlahLf;L_~~
Notary Pub 'c ---------
---'1
NOTARIAL SEAL ." I
Valerie K.Edbg~r. l"[O.t~fY ~:t'j.l:: l
Berwick BorD-. CO~Ufn\)W (bUD;-., !
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: NO. 05-2508 CIVIL TERM
OCT 2 6 20Y
FRANCES T, VAUGHN,
v
: CIVIL ACTION - LAW
GEORGE A. VAUGHN, III,
: DIVORCE
Defendant
ORDER
AND NOW thiS.1l day of ~~ ' 2005, upon Motion of Diane G. Radcliff,
Esquire, Attorney for France T. Va n, the Plaintiff in the above captioned case, it
is hereby ordered and decreed that:
1, The Rule entered on August 9, 2005 on Diane G. Radcliff, Esquire's Petition to
Withdraw as Legal Counsel is made absolute,
2. Diane G. Radcliff Esquire is hereby granted leave to withdrawal as legal counsel
;:~~ttom'y of "ooed foe '''000'.: ::~::;:PI'ioti~t oopliooed
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Distribution to:
/e;itioner: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011
Y5intiff: Frances T, Vaughn, 928 Belair Drive, Berwick, PA 18603
rorney for Defendant: Barbara Sumple.Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070-1931
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Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 05-2508
GEORGE A. VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
TO THE HONORABLE JUDGES OF SAID COURT:
MOTION TO COMPEL RESPONSES TO INTERROGATORIES
AND DOCUMENT PRODUCTION REQUESTS
AND NOW, this 23rd day of November, 2005, comes the Defendant, George A.
Vaughn, III, and respectfully moves this Honorable Court to Compel Responses to
Interrogatories and Document Production Requests in accordance with Pa.R,C.P. 4006
and 4009.12, In support thereof, he avers the following:
1. The above-captioned matter involves failure of Plaintiff to respond to
Interrogatories and Document Production Requests propounded by Defendant.
2. Defendant's First Set ofInterrogatories and First Set Document Production
Requests were initially served by Defendant's counsel on Plaintiff's counsel on or
about July 26,2005.
3. Responses were due within thirty (30) days in accordance with 42 Pa.R.c.P, 4006
and 4009,12.
4. No timely response was received to this discovery request. The matter laid
dormant because it was believed that the parties had reached a settlement
5. When the settlement did not occur, Defendant's counsel served a Second Set of
Interrogatories on Plaintiffs Counsel on or about October 19,2005.
6, Defendant's counsel, by way of letter dated October 19, 2005, advised Plaintiffs
counsel that responses to the First and Second Set of discovery requests would be
due in thirty (30) days in accordance with the rules,
7, Plaintiffs counsel has withdrawn from the matter.
8, Plaintiff has failed to respond to the First Set and Second Set ofInterrogatories
and the First Set of Document Production Requests which were due on or before
November 19, 2005.
9. Defendant requests Plaintiff shall be ordered to answer all discovery requests
within fifteen (15) days from the date of this Motion.
10. Pa. R.C.P, 4019 provides as follows:
4019 (a)(I) The cowt may, on motion, make an appropriate order for sanctions if:
(i) a party fails to serve answers, sufficient answers or objections to written
interrogatories under Rule 4005,
4019 (c) The cowt, when acting under subdivision (a) of this rule, may make:
(I) an order that the matters regarding which the questions were asked, or the
character or description of the thing or land, or the contents of the paper, or any
other designated fact shall be taken to be established for the purposes of the
action in accordance with the claim of the party obtaining the order;
(2) an order refusing to allow the disobedient party to support or oppose
designated claims or defenses, or prohibiting such party from introducing in
evidence designated documents, things or testimony, or from introducing
evidence of physical or mental condition;
(3) an order striking out pleadings or parts thereof, or staying further proceedings
until the order is obeyed, or entering a judgment of non pros or by default
against the disobedient party or party advising the disobedience;
(4) an order imposing punishment for contempt, except that a party may not be
punished for contempt for a refusal to submit to a physical or mental
examination under Rule 4010;
(5) such order with regard to the failure to make discoveIY as is just.
11. Defendant requests the Plaintiff be ordered to respond to all discoveIY requests
within fifteen (15) days of this order.
WHEREFORE, it is respectfully requested that Plaintiff, Frances T. Vaughn, be
compelled to respond to all Interrogatories and Document Production Requests referred
to in this Motion within fifteen (15) days of the order.
Dated: November 23,2005
(
____--J
pie-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
Attorney for Defendant
Barbara Sump1e-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberlaud, P A 17070
(717) 774-1445
FRANCES T. V AUGlIN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-2508
GEORGE A VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, 1 served
the Motion to Compel Response to Interrogatories and Document Production
Requests to this Honorable Court, in the above-captioned matter upon the following
individual via United States Mail:
Mrs. Frances T. Vaughn
928 Belair Drive
Berwick, PA 18603
Mrs, Frances T. Vaughn
3606 Golfview Drive
Mechanicsburg, P 17 0
DATE: November 23, 2005
( Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court J.D. 32317
Attorney For Defendant
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Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
GEORGE A VAUGHN, III,
Defendant
NO. 05-2508
MOTION FOR SPECIAL RELIEF TO COMPEL
RESPONDENT TO ENDORSE CHECK FOR ESCROW ACCOUNT.
1. Petitioner is Defendant, George A. Vaughn, III, whose mailing address is 223
Martzivlle Road, Berwick, Pennsylvania 18603.
2. Respondent is Plaintiff, Frances T, Vaughn, whose mailing address is 928
Belair Drive, Berwick, Pennsylvania 18603.
3. Incident to the parties' pending divorce, the marital residence was sold by
agreement of the parties, A copy of the agreement dated AprilS, 2005, is attached hereto
as Exhibit A.
4. The settlement occurred on May 12,2005, and a check for the proceeds in the
amount of One Hundred Thirteen Thousand Two Hundred Seventy-Four Dollars and
45/100 ($113,274.45) was issued by the settlement company. A true and correct copy of
the proceeds check is attached hereto as Exhibit B,
5. At the settlement, an agreement was signed wherein the parties agreed that the
proceeds of the real estate sale would be placed in an escrow account with Barbara
Sumple-Sullivan, Esquire. A true and correct copy of the agreement is attached hereto as
Exhibit C. Attorney Sumple-Sullivan is ready, able and willing to serve as escrow agent.
6. The check was issued, signed by Petitioner and then forwarded for
endorsement by the Respondent through her attorney, Diane Radcliff, Esquire, The
check was then to be retuned to Petitioner's counsel for deposit into an escrow account.
7, Despite efforts by Attorney Radcliff to secure the signature and
endorsement by Respondent, Respondent has refused to sign same,
8. Attorney Radcliff, prior to her withdrawal from the action, returned the check
to Petitioner's counseL
9. The check must be deposited into the escrow account in a timely manner so as
to complete the transaction and not allow same to become void,
10. Interest is being lost on the proceeds due to Respondent's failure to allow for
the deposits since May, 2005,
WHEREFORE, Petitioner requests an order directing Respondent to execute the
check for deposit into an interest bearing escrow account held by Barbara Sumple-
Sullivan, Esquire, which check will only be distributed in accordance with a future order
of court,
Respectfully submitted,
Dated: November 30, 2005
~~
L. Barbara Sumple-Sullivan, Esquire
Attorney for Defendant
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court LD. No. 32317
Exhibit A
~~K-~~-2005 13:17
DIANe RADCLIFF
717 975 0697 P.03/0S
STIPULATION FOR LISTING OF THE HOUSE:
THIS AGREEMENris made thisS'-day of ~ 2005, by and
between Diane G. Radcliff: Esquire, counsel for Frances T. Vaughn (hereinafter referred
to as "Wife") an adult individual residing a 3606 Golfview Drive, Mechanicsburg,
Cumberland County, Pennsylvania, and Barbara Sumple-Sullivan, Esquire, counsel for
George A Vaughn, ill, (hereinafter referred to as "Husband") an adult individual residing
at Apt. 6, 3523 September Drive, Camp Hill, Cmnberland County, Pennsylvania,
WITNESSETH
WHEREAS, Wife and Husband were married on September 8, 1977 in Berwick,
Pennsylvania and are living separate and apart. A divorce is anticipated to be filed by Wife;
WHEREAS, during the parties' marriage, the parties acquired a home located at 3606
Go1fview Drive, Mechanicsburg, Pennsylvania;
\VHEREAS, Wife has resided in the home since the parries separated;
WHEREAS, the parties have reached an agreement that the home should be
immediately listed and sold;
WHEREAS, the parties desire to reduce their agreement to writing to confirm the
agreement and the procedure for handling of the proceeds upon sale;
.H~~-05-2005 13:17
Dr ANI" RADeL! FF
717 975 0697 P,04/05
WHEREAS, counsel confirm that they have been authorized by their clients to enter
into this agreement on behalf of their respective clients and for this agreement to be binding
on these clients;
NOW THEREFORE, the parties, through their authorized counsel, intending to be
legally bound, do agree as follows:
1, The marital home at 3606 Golfview Drive shall be listed for sale with
Prudential Thompson Wood Real Estate. The parties have agreed to
employ agent Diane B. Jenkins. The parties have previously completed
the listing documents and said documents include a listing price ofTwo
Hundred Fifty-Nine Thousand Nine Hundred Dollars and 00/100
($259,900.00).
2. Each party agrees to cooperate to effectuate prompt sale of the
property. Wife agrees to make the home available for showing and to
maintain same in appropriate condition for showing and sale,
3. Upon sale of the home, the proceeds shall be held in escrow by counsel
pending an agreement of the parties for disbursement of the proceeds or
an Order of Court directing disposition through the divorce
proceedings,
,MrK-ld::;.-2005 13: 17
D I At.'''' RADCU FF
717 975 0697
P.05/0:
4,
Nothing in this agreement is intended to modify, abridge or otherwise
effect either parties' claims, defenses or positions in the divorce
proceedings,
IN WITNESS WHEREOF, counsel, on behalf of their clients. do set forth their hands,
SEALED AND
IN THE P
\
bara Sumple-Sullivan, Esquire
Attorney for George A. Vaughn, m
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Exhibit B
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Exhibit C
ESCROW AGREEMENT
THIS AGREEMENT made this _ day of May, 2005, by and between Geor~e A.
Vaughn, III, (hereinafter "GAV") and Frances T. Vaughn, (hereinafter "FTV") and
~\_ h9jOlySlrr<P~ DOU!Lb 1'-- <eScp-., (hereinafter "Escrow Agent"),
WITNESSETH:
WHEREAS, GAV and FTV have entered into a certain Agreement of Sale for the sale of
their jointly owned real estate known and numbered as 3606 Golfview Drive,
Mechanicsburg, PA 17050, final settlement thereon to be held on May 12,2005; and
WHEREAS, GAY and FTV have requested Escrow Agent to receive the net sales proceeds
received from that sale, which sum shall be held in escrow by Escrow Agent.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as
follows:
1. GAV and FTV shall direct the settlement agent to issue the proceeds check from
the sale of 3606 Golfview Drive, Mechanicsburg, PA 17050 to be made payable to
the order of Escrow Agent, If the settlement agent refuses to issue the check in
such manner, then at settlement, GAV and FTV shall endorse said check over to
the Escrow Agent. Escrow Agent shall receive and hold all of such net proceeds
in escrow and shall not distribute the same to the parties, or either of them,
absent mutual written agreement of the parties or Court Order.
2. The escrow shall be held in an interest bearing account or accounts at such
financial institution as Escrow agent may in her discretion determine is
appropriate under the circumstances. Half of the interest earned shall be
reported under the Social Security Number of GAV, # 198-40-9249, The other half
of the interest shall be reported under the Social Security Number of FTV, #209.
42-5550,
3, It is understood and agreed that Escrow Agent is an escrow holder only, is merely
responsible for the safekeeping of the fund and shall not be required to determine
questions of law or fact.
4, In the event of a dispute, Escrow Agent is authorized to pay the fund into the
court.
5, In the event costs or expenses are incurred by Escrow Agent because of litigation
or otherwise arising out of the holding of the fund, Escrow Agent shall be entitled
EXHIBIT
. 1 .
f
,.
to be reimbursed out of the fund for any such reasonable costs and expenses,
Payment of such reimbursement costs and expenses shall only be made by Court
order or mutual written agreement of the parties,
6, Escrow Agent assumes no liability for the amount of interest payable on the funds
held,
7, This Agreement constitutes the entire agreement of the parties hereto regarding
the fund.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written:
WITNESS:
(SEAL)
(SEAL)
(SEAL)
ESCROW AGENT
- 2-
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
. NO. 05-2508
GEORGE A. VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served
the Motion for Special Relief to Compel Respondent to Endorse Check for Escrow
Account to this Honorable Court, in the above-captioned matter upon the following
individual via United States Mail:
DATK November 30,2005
Mrs. Frances T. Vaughn
928 Belair Drive /)
Berwick, P A 1860~/
4 Sump"-Sulliv~, E,qwre
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court J.D. 32317
AttomeyForDerendant
,
C:'.
Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
c
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
GEORGE A VAUGHN, III,
Defendant
NO. 05-2508
NOTICE TO PLEAD
To: Mrs. Frances T. Vaughn
928 Belair Drive
Berwick, PA 18603
You are hereby notified to file a written response to the enclosed Answer to Plaintiff's Divorce
Complaint with Counterclaim within twenty (20) days from service hereof or a judgment may be
entered against you.
Dated: December 13, 2005
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
Supreme Court J.D. 32317
Attorney for Defendant
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
GEORGE A VAUGHN, III,
Defendant
NO. 05-2508
DEFENDANT'S ANSWER TO PLAINTIFF'S
DIVORCE COMPLAINT WITH COUNTERCLAIM
COUNT I
DIVORCE
1. Denied. After reasonable investigation, Defendant is without information on the actual
residence of Plaintiff
2. Denied. Defendant no longer resides at September Drive.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
J
7. Admitted.
8.
A.
Admitted.
B. Admitted.
C. Denied. It is denied that Defendant has offered such indignities to Plaintiff as to
render her condition intolerable and life burdensome.
9. Admitted.
WHEREFORE, Defendant requests this Honorable Court enter a Decree in Divorce.
COUNT II
EOUlTABLE DISTRIBUTION
10. Paragraphs 1 through 9 of Defendant's Answer to Plaintiffs Divorce Complaint are
incorporated herein by reference.
II. Admitted in part. Denied in part. It is admitted that Plaintiff and Defendant have acquired
property, both real and personal, and incurred debts during their marriage after September 8,
1977. It is denied that the parties separated in December, 2003.
12. Admitted.
2
13. Admitted with the clarification that the parties, through counsel, attempted full and final
settlement on various occasions when Plaintiff would then refuse to finalize same.
WHEREFORE, Defendant requests this Court to equitably divide said property in accordance
with Section 401(d) of the Pennsylvania Divorce Code.
COUNT ill
SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY
14. Paragraphs 1 through 13 of Defendant's Answer to Plaintiffs Divorce Complaint are
incorporated herein by reference.
15. Denied. It is denied that Plaintiff lacks sufficient property to provide for her reasonable
means and is unable to support herself through appropriate employment. Plaintiff is a highly
educated, articulate and talented individual who has significant earning capacity, if she would
work
16. Denied. It is denied that Plaintiff requires reasonable support to adequately maintain herselfin
accordance with the standard of living established during the marriage.
WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's claim for Alimony
Pendente Lite and Alimony.
3
COUNT IV
COUNSEL FEES AND COSTS
17. Paragraphs 1 through 16 of Defendant's Answer to Plaintiff's Divorce Complaint are
incorporated herein by reference.
18. Admitted in part. Denied in part. It is admitted that Plaintiff has employed legal counsel in
this case. It is averred that Plaintiff has repeatedly associated herself with counsel. It is
denied that she is unable to pay the necessary and reasonable attorney's fees for said counsel.
19. Admitted in part. Denied in part. It is admitted that Plaintiff has or will incur costs in this
action, including but not limited to, costs for various experts to appraise the parties' marital
assets. It is denied that Plaintiff does not have the funds to pay the necessary and reasonable
fees, costs and expenses. It is further averred that the costs of same will be minimal in light of
the parties' nominal marital estate.
WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's claim for
counsel fees, costs and expenses.
COUNTERCLAIM OF DEFENDANT
COUNT I
DIVORCE
NO FAULT
20. Paragraphs 1 through 19 of Defendant's Answer to Plaintiffs Complaint with Counterclaim
4
are incorporated herein by reference.
21. The marriage is irretrievably broken and no possibility of reconciliation exists.
WHEREFORE, Defendant requests entry of a divorce decree in his favor in accordance with
3301 of the Pennsylvania Divorce Code.
INDIGNITIES
22. Paragraphs I through 21 of Defendant's Answer Plaintiff's Complaint with Counterclaim are
incorporated herein by reference.
23. Counterclaim Defendant has made Counterclaim Plaintiff's life burdensome and intolerable, in
violation of the marriage vows and of the laws of the Commonwealth.
WHEREFORE, Counterclaim Plaintiff requests this Court to enter a decree in divorce in
accordance with the Pennsylvania Divorce Code.
COUNT IT
EQUITABLE DISTRIBUTION
24. Paragraphs 1 through 23 of Defendant's Answer to Plaintiff's Complaint with Counterclaim
are incorporated herein by reference.
5
25. The Counterclaim Plaintiff requests the Court to equitably divide, distribute or assign the
marital property between the parties in such proportion as the Court deems just after
consideration of all relevant factors.
WHEREFORE, Counterclaim Plaintiff requests this Court to equitably divide said property in
accordance with Section 40 1 (d) of the Pennsylvania Divorce Code.
WHEREFORE, Counterclaim Plaintiff, George A. Vaughn, III, prays this Honorable Court to
enter judgment:
A. Awarding Counterclaim Plaintiff a decTee in divorce in Cumberland County,
Pennsylvania;
B. Equitably distributing the marital property; and
C . Awarding other relief as the Court deems just and reasonable, including the award of
alimony pendente lite, support, alimony and counsel fees previously filed of record.
DATE: December 13, 2005
R2~
A \..
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, P A 17070-1931
(717) 774-1445
Supreme Court 1.0. 32317
Attorney for Defendant
6
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
GEORGE A. VAUGHN, III,
Defendant
NO. 05-2508
VERIFICATION
I, George A. Vaughn, III, hereby certifY that the facts set forth in the foregoing
DEFENDANT'S ANSWER TO DEFENDANT'S DIVORCE COMPLAINT WITH
COUNTERCLAIM are true and correct to the best of my knowledge, information and belief I
understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section
4904 relating to unsworn falsification to authorities.
Dated: :;).jI3jV"J
r I
~/~/
VI (~ e
G RGEA: AUGHN,m
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A ] 7070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
LUZERNE COUNTY, PENNSYLVANIA
v.
Civil Action - Law
GEORGE A. VAUGHN, III,
Defendant
NO.
CERTIFICATE OF SERVICE
I, Barbara Sump Ie-Sullivan, Esquire, do hereby certifY that on this date, I served a true and
correct copy of the foregoing pleading, in the above-captioned matter upon the following
individual( s) by first class mail, postage prepaid, addressed as follows:
Mrs. Frances T. Vaughn
928 Belair Drive
Berwick, PA 18603
DATED: December 13, 2005
Barbara Sumple-Sullivan, Esquire
Attorney for Defendant
549 Bridge Street
New Cumberland, P A 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
;;
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff (Respondent)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
GEORGE A. VAUGHN, III,
Defendant (Petitioner)
: NO. 05-2508
PETITION FOR SPECIAL RELIEF TO CONFIRM VENUE
1. Petitioner is Defendant, George A. Vaughn, III.
2. Respondent is Plaintiff, Frances T. Vaughn.
3. On May 16,2005, Respondent initiated the above captioned action in divorce,
choosing Cumberland County, the last marital domicile, as the forum for this
litigation.
4. By her Divorce Complaint, Respondent raised claims for Divorce (No Fault and
Indignities), Equitable Distribution (of marital and non-marital property and
marital debts), Alimony, Alimony Pendente Lite, Counsel Fees, Costs and
Expenses.
1
5. In response to Respondent's Complaint, on or about July 27,2005, and in
recognition of Respondent's already pending requests for Divorce and Equitable
Distribution for Petitioner and Respondent's marital and non-marital assets and
debts, Petitioner filed of record his own claims for Alimony, Alimony Pendente
Lite, Counsel Fees, Costs and Expenses.
6. In addition to the pleadings, extensive proceedings have occurred in this matter in
advancement of the pending claims and many issues and petitions remain
outstanding. These are as follows:
a) On May 16, 2005, Respondent filed a Petition for Special Relief concerning
the disposition of the proceeds of the sale of the marital home. This
Petition was to be heard at a hearing on July 16, 2005 and, upon stipulation
of the parties' counsel, the hearing was rescheduled for August 15,2005.
Respondent then filed a Motion for Continuance of the hearing on August
15,2005, to which Petitioner concurred, because the parties had reached a
tentative agreement regarding all issues of the divorce. The matter was
generally continued. This Petition remains generally pending in
Cumberland County.
2
b) On July 26,2005, Petitioner had served discovery in the form of
Interrogatories and Document Production Requests on Respondent. No
timely response was made by Respondent. On October 19, 2005, Petitioner
served a Supplemental Set ofInterrogatories on Respondent. To date,
Respondent has not responded to the discovery requests. On November 23,
2005, Petitioner filed a Motion to Compel Responses to Discovery by
Respondent in accordance with Pa. R.C.P. 4006 and 4009.12. This Motion
is presently pending in Cumberland County.
c) On November 30,2005, Petitioner filed a Motion For Special Relief to
Compel Respondent to Endorse Check for deposit into Petitioner's
counsel's escrow account. This was to secure compliance with prior
written agreement of the parties. The prior agreement provided that the
parties would execute the proceeds check received from the sale of the
marital home and deposit same into an escrow account held by Petitioner's
counsel. To date, despite efforts by her prior counsel, Respondent has
refused to execute the check for deposit in accordance with the parties'
written agreement. This Motion is presently pending in Cumberland
County.
3
d) Petitioner then served Notice for the Deposition of a witness, Alfred
Tonolo, Respondent's Father, for December 9,2005. A subpoena was
issued on November 17, 2005 for the attendance ofMr. Tonolo and same
was served on November 19, 2005. Despite service and payment of the
requisite witness fee, Mr. Tonolo failed to appear for the Deposition. This
matter is presently pending in Cumberland County.
7. Also pending in Cumberland County is Respondent's support action against
Petitioner filed to Docket No. 00826 S 2004 and P ACSES No. 619106737. This
action had been heard at the conference level on October 13, 2004, and before the
Support Master on December 7,2004. Respondent then filed exceptions to the
Support Master's fmdings dated January 7, 2005. After extensive briefing, an
Order was entered on April 15, 2005, which required Respondent to immediately
proceed with medical evaluations of Petitioner. Despite the Order, Respondent
took no action to schedule the medical evaluations. On November 17, 2005,
Petitioner filed a Motion to Terminate the Appeal requesting the Support Master's
Order of January 7, 2005 become a final Order, due to the lack of compliance by
Respondent with the Order of April 15, 2005. This motion is presently pending in
Cumberland County.
4
8. Petitioner further has a reciprocal support action to Docket No. 01101 S 2004 and
PACSES No. 685106971 pending against Respondent, which action was
contingent on the resolution of the Respondent's support action set forth in
Paragraph 7 above. This action is also presently pending in Cumberland County.
9. On August 4,2005, Respondent's second counsel filed a Petition to Withdraw as
Legal Counsel and for Stay of Proceedings. The parties had agreed to stay the
proceedings pending final efforts for resolution of settlement. On October 24,
2005, Respondent's attorney then filed a Petition to make the Rule allowing her
withdrawal absolute when these negotiations faltered. The Petition was granted to
Respondent's counsel allowing withdrawal by Order dated October 31, 2005.
10. Although represented by counsel at the time relevant hereto, Respondent filed a
Praecipe to Withdraw the Divorce Complaint on October 28,2005.
11. Contrary to Pa. R.C.P. 440, Respondent failed to serve a copy of the Praecipe on
any party to this' action.
12. Despite Petitioner's pending claims, all of the extensive litigation occurring to this
case and Respondent's failure to follow civil procedure, Respondent has now
simply filed a new action in Divorce to Docket No. 12842-C of 2005 and a new
5
action in Support to Docket No. 02226-2005, PACSES No. 280107864 in Luzerne
County, Pennsylvania.
13. Respondent's actions clearly constitute forum shopping.
14. As set forth above, extensive litigation, including Petitioner's Petition Raising
Marital Claims, has occurred and remain pending in this matter, the county where
the matter was first initiated by Respondent herself.
15. Cumberland County is also the county of the parties' last marital domicile.
16. In accordance with Pa. R.C.P. 1920.2, Respondent has taken significant actions to
participate in and advance the proceedings, thus, vesting venue in this matter in
Cumberland County.
17. Withdrawal or removal of the action at this juncture of the litigation would result
in extensive prejudice to Defendant and be contrary to the principles of judicial
economy and equity.
18. Respondent's attempt at withdrawal shall be deemed inappropriate and dismissed.
6
19. Petitioner has additionally filed further ancillary claims for Divorce and Equitable
Distribution to allow the matter to proceed against Respondent in Cumberland
County.
20. All matters shall be heard by this court including Divorce, Equitable Distribution,
Alimony, Alimony Pendente Lite, Support, Counsel Fees and Costs.
WHEREFORE, Petitioner requests this Honorable Court to confirm venue in
Cumberland County.
DATE: December 13,2005
Respectfull bmitted,
/}
~AU-.
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court LD. 32317
Attorney for Petitioner
7
Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-] 445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
GEORGE A. VAUGHN, III,
Defendant
NO. 05-2508
VERIFICATION
I, George A. Vaughn, III, hereby certifY that the facts set forth in the foregoing pleading are
true and correct to the best of my knowledge, information and belief. I understand that any false
statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn
falsification to authorities.
Dated: Ja)J3jD5
I I
~RG::~~I
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff (Respondent)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
GEORGE A. VAUGHN, III,
Defendant (Petitioner)
NO. 05-2508
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true
and correct copy of the foregoing pleading, in the above-captioned matter upon the following
individual( s) by first class mail, postage prepaid, addressed as follows:
Mrs. Frances T. Vaughn
928 Belair Drive /
Berwick, P A 18603 //
Barbara Sumple-Sullivan, Esquire
Attorney for Petitioner
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court J.D. No. 32317
DATED: December 13, 2005
8
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DEe 1 3 2005
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff (Respondent)
7
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-2508
GEORGE A. VAUGHN, III,
Defendant (Petitioner)
CIVIL ACTION - LAW
IN DIVORCE
RULE TO SHOW CAUSE
AND NOW, this {q. day of ~~5, it is Ordered and Decreed
that Respondent shall file ~l(,'h~in ten (10) days of the date of this Order :/
to show cause why Petitioner's Petition for Special Relief to Confirm Venue should not 'i
be granted. Failure to timely file said Rule will result in Petitioner's Petition to be
GRANTED.
q
BY THE COURT:,\/ /
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DEe 0 2 2005
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
. NO. 05-2508
GEORGE A. VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this \ '1 day of 0attI ~005, upon consideration of
Defendant's Motion for Special Relief to Compel Respondent to Endorse Check for
Escrow Account, said Motion is hereby GRANTED.
~ It is further ORDERED that Frances T. Vaughn shall endorse the proceeds check
, within"" (r~ days of this Order.
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
RECEIVED
NOV 2 9 2005
BY:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-2508
GEORGE A. VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this ft day o~ _ 2005, upon consideration of
Defendant's Motion to Compel Responses to Defendant's First and Second Set of
Interrogatories and First Set of Document Production Requests, said Motion is hereby
GRANTED.
It is further ORDERED that Frances T. Vaughn shall respond to Defendant's First
and Second Set ofInterrogatories and First Set of Document Production Requests within
(.) ~! ~~-,:2.~);;; of this Order.
~t ~, P'l ~ , 1\ BY THE COURT:
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KEPNER, KEPNER & CORBA, P.C.
ATTORNEYS AT LAW
WE HEREBY CERTIFY THAT THE WITHIN
IS A TRUE AND CORRECT COPY OF THE
TO:
ydU ARE Hf.REBY NOTIFIED TO PLEAD TO
THE ENCLOSED WITHIN
TWENTY (20) DAYS OF SERVICE HEREOF
OR A DEFAULT JUDGMENT MAY BE
ENTERED AGAINST YOU.
BY,
123 West Front Street
ORIGINAL FILED IN THIS ACTION
Berwick, pennsylvania 18603
BY:
*************************
ATTORNEY
ATTORNEY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff,
No. 05-2508 CIVIL TERM
vs.
CIVIL ACTION - LAW
DIVORCE
GEORGE A VAUGHN, III
Defendant.
RESPONDENT. FRANCES T. VAUGHN'S ANSWER
TO PETITION FOR SPECIAL RELIEF TO CONFIRM VENUE
The Respondent, Frances T. Vaughn, by and through her attorneys, ALICE T.
K. CORBA, ESQUIRE and KEPNER, KEPNER & CORBA, P.C., hereby answers the said
Petition as follows:
A. Preliminarily, the Respondent, Frances T. Vaughn, objects to the Order to
Respond to said Motion to Confirm Venue. Respectfully, the Divorce Complaint filed to
No. 05-2508 was withdrawn from the docket of the Court of Common Pleas of Cumberland
County on or about October 28,2005. See Exhibit "A" which is attached hereto and made
a part hereof.
B. In the alternative, the Respondent answers the Petition as follows:
1. Admitted and is a present resident at 223 Martzville Road, Berwick,
Pennsylvania.
2. Admitted and whose present residence is at 927 Belair Drive, Berwick,
Pennsylvania.
1
3. Admitted.
4. Admitted.
5. Admitted in part and denied in part. It is admitted that the Petitioner
filed of record his claims of alimony, alimony pendente lite, counsel fees, costs and
expenses. However, they were filed to Docket No. 00826-S-2004, PACSES Case No.
619106737.
No Answer or Counterclaim was filed to Docket No. 05-2508.
6. a) through c) Admitted.
d) Admitted in part and denied in part. It is admitted that a Notice was
served and the same is immaterial to the issue at hand. It is denied that a response was not
received. See Exhibit "B" which is attached hereto and made a part hereof.
7. Admitted.
8. Admitted. However, it is immaterial to the fact that no Answer or
Counterclaim was filed to the Docket No. 05-2508, which action was withdrawn by the
Plaintiff.
9. Admitted.
10. Admitted in part and denied in part. It is admitted that a Praecipe to
Withdraw the Divorce Complaint was filed on October 28,2005. However, at that time, the
Respondent was not represented by counsel in Cumberland County.
II. Pa. R.C.P. 440 provides that service is to be made of all pleadings.
Service of the October 28,2005 pleading was served by the Respondent immediately and
then served for a second time by Respondent's counsel in Luzerne County in response to a
subpoena to Mr. Tonolo on or about December 2,2005. See Exhibit "c" attached hereto and
made a part hereof.
2
12. It is admitted that the Respondent has filed a divorce in Luzerne
County and has had proper service made on Mr. Vaughn.
13. Denied. The Respondent is not forum shopping. The Respondent,
Frances Vaughn, has been a resident of Luzerne County for longer than one year's time.
Further, the Petitioner, Mr. Vaughn, has been a resident of Columbia County for an unknown
number of months.
Litigation in Cumberland County became trying and expensive for the
Respondent. As neither party resided in the same county for in excess of a year, the
Respondent withdrew her claim and filed a new action in her domicile county.
14. Denied. There are no pending matters relating to Docket No. 05-2508
as no Answer or Counterclaim was filed and the matter has been withdrawn.
15. Admitted. However, the last marital domicile was over twelve (12)
months ago.
16. Denied. The Respondent denies all averments set forth in
Petitioner's paragraph 16 on the grounds that said averments are conclusions oflaw rather
than statements of fact so that no response is due of the Respondent.
17. The withdrawal or removal of the action at this juncture has already
occurred by virtue of the fact that no Answer or Counterclaim was filed by the Petitioner;
therefore, the Respondent files that the principles of judicial economy and equity are better
served for her purposes in Luzerne County.
18. Denied. It is denied and requested that the withdrawal not be deemed
inappropriate and dismissed. The Respondent objects preliminarily as to the jurisdiction
of this Honorable Court to mandate that the withdrawal is inappropriate and dismiss it.
19. Denied. It is denied that any further ancillary claims for Divorce and
3
Equitable Distribution and an Answer or Counterclaim which is filed after the withdrawal
of the Complaint is null, void and invalid.
WHEREFORE, the Respondent respectfully requests that this Honorable
Court recognize that jurisdiction and venue no longer lie in Cumberland County and dismiss
the Petition for Special Relief to Confirm Venue.
Respectfully submitted,
KEPNER, KEPNER & CORBA, P.c.
By:~-rILU
ALICE T. K. CORBA, ESQUIRE
123 WEST FRONT STREET
BERWICK, PA 18603
(570) 752-2766
ID #46077
Attorney for Respondent
S:\Clients 2500 to 3000\2771 Vaughn, Frances\answer to petition to confinn venue,wpd
4
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF COLUMBIA )
ALICE T. K. CORBA, being duly sworn according to law does depose and say
that she is the attorney for the Respondent, that the Resopndent is not available to make this
affidavit within the time required, that she is authorized to make this affidavit on behalf of
the Respondent, and that all the facts contained in the foregoing document are true and
correct to the best of her knowledge, information and belief.
Ohu -ML~
Alice T.K. Corba, Esquire
SWORN TO AND SUBSCRIBED BEFORE ME
THI~A Y OF DECEMBER 2005
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CO~il!v10~~WEALTn OF FE1.<J1L'; '; !"':;'::'_::'
I Notllrilll Sell!
Andrea V. Mtltl.!sh, l';-otary full-nn
I Berwick. Bom, Colcli'lbia County
My Commission ::.1xpire3 Feb. 28. 200l' .
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CERTIFICATE OF SERVICE
Alice T. K. Corba, Esquire, does hereby certifY and swear that she served a copy of
the within Respondent's Answer to Petition for Special Reliefto Confirm Venue upon the
opposing counsel, by placing it in the U. S. Mail, first-class, postage pre-paid, on December
28, 2005, addressed as follows:
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland P A 17070
KEPNER, KEPNER & CORBA, P.C.
~\ILW
ALICE T. K. CORBA, ESQUIRE
123 West Front Street
Berwick, P A 18603
(570) 752-2766
ID #46077
S:\Clients 2500 to 3000\2771 Vaughn,Frances\CertificateofService.wpd
Exhibit "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff,
: No. 05-2508 CIVIL TERM
VS.
: CIVIL ACTION - LAW
DIVORCE
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GEORGE A VAUGHN, III
Defendant.
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Please withdraw the Divorce Complaint filed to the above captioned number.
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RANCIS T. VAU~~F
Sworn to and suPscrib€d b€fo~e
me this 24th day of,October,2lHTS.
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valerie K-Edinger, Nol3IY Public
BerwicltBoro., Col1llll.bia eou..,ty
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Exhibit "B"
Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
v.
GEORGE A. VAUGHN, III,
Defendant
Docket No. 00826 S 2004
: PACSES Case Number: 619106737
RULE
AND NOW, this II day of '1 t7J.h!;t-.J, 2005 on consideration of Plaintiff's
Motion to Terminate Appeal, a RULE is issued on Plaintiff to show cause, if any, why the Court
should not grant the relief requested.
The Rule is returnable within ) U days from the date of service hereof
BY THE COURT:
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Exhibit "C"
ATTORNEYS AT LAW
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KEPNER, KEPNER &' CORRA, P.C.
123 West Front Street
Berwick, PA 18603-4701
570.752.2766
FRANKLIN E. KEPNER
(1922-1997)
FRANKLIN E. KEPNER, JR.
ALICE T. K. CORBA
Facsimile: 570.752.7694
PA Toll Free: 800.734.2766
December 2, 2005
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland P A 17070
Re: Frances T. Vaughn v. George Vaughn, III
Luzerne County Docket No. 12842 of 2005
Dear Attorney Sullivan:
Please be advised that I have undertaken representation of Frances Vaughn in the
above captioned divorce matter which is presently pending in Luzerne County.
I enclose for your information a copy of the Praecipe to Withdraw the action
previously filed in Cumberland County, Pennsylvania.
Additionally, enclosed is a Divorce Complaint which has been forwarded to your
client at his Berwick address both by regular and certified mail. Also, the process server
attempted to sertre your client, personally, but was unsuccessful. It is my understanding that
Mr. Vaughn called the process server to advise him that he did not intend to make himself
available for service.
In the event you will not accept service on behalf of your client, please advise me
immediately.
In regard'to the two Petitions pending in Cumberland County, to wit: the Motion for
Special Reliefto Compel Respondent to Endorse Check for Escrow Account, it is docketed
to a case no louger in existence. Please withdraw it immediately. Otherwise, I shall
preliminarily object as to the lack of jurisdiction and request attorney's fees.
In regard to your Domestic Relations Motion to Terminate Appeal, my client is
agreeable to terminating that Appeal. Mrs. Vaughn has filed a Petition for Alimony
Pendente Lite/Spousal Support in Luzeme County.
On a final note, I advise you that Frances is agreeable to endorsing the proceeds check
for the sale of tl1e property, if you forward it to my office. I shall then deposit it to an
escrow account 'in the name of both Frances T. Vaughn and George A. Vaughn, III, until
Barbara Sumple-Sullivan, Esquire
December 2, 2005
Page 2
further Order oe Court.
If you have any questions, or desire to discuss any portion of this letter, please feel
free to contact me.
A TKC/vke
Enclosure ,
cc: Frances T. Vaughn
S:\CliClltS 2500 to 3001:I\2771 Vaughn,. frances\ltr to Barabva Sullivan
RECEI\'EIj NOV 2 i ~~IJU:'
KEPNER, KEPNER & CORBA, P.C.
ATTORNEYS AT LAW
WE HEREBY CERTIFY 'I.1iAT THE WITHIN
IS A TRUE AND CORRECT COPY OF THE
ORIGINAL FILED IN THIS ACrION
TO,
YOU ARE HEREBY NOTIFIED 'I'O PLEM> TO
THE ENCLOSED WITHIN
TWENTY (20) DAYS OF SERVICE HEREOF
OR A DEFAULT JUDGMENT MAY BE
Jm'l'ERED AGAINST YOU.
BY:
123 West Front Street
BY:
ATTORNEY
Berwick, pennsylvania 18603
ATTORNEY
vs.
: IN THE COURT OF COMMON PLEAS
: OFLUZERNECOUNTY,PA.
: CIVIL ACTION - LAW
: IN DIVORCE, A.V.M.
: NO./Jm:-C OF 2005
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FRANCES T. VAUGHN
Plaintiff,
GEORGE A. VAUGHN, ill
Defendant.
NOTICE TO DEFEND AND CLAIM RIGHTS
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Divorce
Permanent Alimony
Division of Property
Custody
Attorneys fees
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Annulment of Marriage
Temporary Alimony
Child Support
Visitation
Court Costs
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You have been sued in Court for:
xx
xx
Uyou wishto defend against these claims, you must take prompt action within twenty (20) days after
this Complaint and Notice are served upon you. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you for any other claim
or relief requested above by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL
FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS
ENTERED, YOU.WILL LOSE THE RIGHT TO CLAIM ANY OF THEM. .
You are further notified that under the Divorce Code you may request that the Court direct you and
your spouse to attend marriage counseling. A list of professional roaniage counselors is available at the
Domestic Relations Office at the Luzerne County Court House, Wilkes-Barre, Pennsylvania. This list will
be made available to you upon request.
If you desire to pursue counseling, you must make your request for counseling within twenty (20)
days of the date from which you receive this Notice. This request must be made upon proper motion filed
with the Court. Failure to do so will constitute a waiver of your right to request counseling.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TillS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAYBE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE.
Legal Services of Northeast em P A., Inc.
410 Bicentennial Building 15 Public Square
Wilkes-Barre, PA 18701
(570) 825-8567
- or-
21 North Church Street
Hazleton, Peunsylvania 18201
(570) 455-9511
KEPNER, KEPNER & CORBA, P.C.
BY
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123. ST FRONT STREET
BijRWICKPA 18603
(570)752-2766
ID #46077
TO,
. Y.OU ARE HEREBY NOrIFIED TO PLEAD TO
'I'HE ENCLOSED 'MIntIN
TWENTY (20) DAYS OF SERVICE HEREOF
OR A DEFAULT JUDGMBNf MAY BE
ENTERED AGAINST YOU.
BY:
123 West Front Street
WE HERESY CERTIFY THAT THE WrTIUN
IS A TRUE AND CORRECT COPY OF THE
ORIGINAL FILED IN THIS ACTION
BY:
ATTORNEY
KEPNER, KEPNER & COREA, P.C.
A'ITORNEYS AT LAW
Berwick, Pennsylvania 18603
ATTORNEY
vs.
: IN THE COURT OF COMMON PLEAS
: OF LUZERNECOUNTY, PA.
: CIVIL ACTION - LAW
: IN DIVORCE, A.V.M.
FRANCES T. VAUGHN
Plaintiff,
GEORGE A. VAUGHN, III
Defendant.
: NO.
-C OF 2005
TO: All parties involved in divorce actions in the Court of Common Pleas of the 11th
Judicial District.
PLEASE. BE ADVISED THAT COUNSELING IS AVAILABLE TO ALL
PARTIES INVOLVED IN ADNORCEACTION, AND UPON REQUEST, THE COURT
,
WILL PROVIPE ALL PARTIES WITH A LIST OF QUALIFIED PROFESSIONALS
WHO PROVIDE SUCH SERVICES, ALTHOUGH THE CHOICE OF QUALIFffiD
PROFESSIONALS SHALL BE AT THE OPTION OF THE PARTIES AND SUCH
PROFESSIONALS NEED NOT BE SELECTED FROM THE LIST PROVIDED BY THE
COURT.
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KEPNER, KEPNER" CORBA, P.C.
ATTORNEYS AT LAW
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lOU, ARE HEREBY NOTIFIED TO PLEAD TO,
mE. ENC1J)SED WITKIN
TWENTY (20) DAYS OF SERVICE HEREqF
OR A DEFAULT JTJDGMEN"l' KAy BB
ENTERED AGAINST YOU.
BY:
123 West Front Street
Berwick. Pennsylvania 18603
..*..***************.****
WE HEREBY CERTIFY THAT 'I1lE WITHIN
IS A TRUE AND CORRECT COPY OF THE
ORIGINAL FILSD IN THIS ACTION
BY:
ATTORNEY
ATTORNEY
FRANCES T. VAUGHN
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: OFLUZERNECOUNTY,PA.
vs.
: CIVIL ACTION - LAW
: IN DIVORCE, A.V.M.
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GEORGE A. VAUGHN, III
Defendant.
: NO.
-C OF 2005
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COMPLAINT IN DIVORCE
COUNT ONE
The Plaintiff, FRANCES T. VAUGHN, by her attorneys, KEPNER, KEPNER &
CORBA, P.C., complains of the Defendant as follows:
1. TIie Plaintiff in this action is FRANCES T. VAUGHN, and the Defendant in
this action is GEORGE A. V AUGN, III .
2. The Plaintiff currently resides at 928 Belair Drive, Berwick ,Luzerne County,
Pennsylvania, since April 2005.
3. The Defendant currently resides at 223 Martzville Road, Columbia County,
Pennsylvania, si)lce October 2005.
4. The Plaintiff and the Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for a period of in excess of (6) months immediately
.
previous to the filing of this Complaint.
5. Tqe Plaintiff and Defendant were married in Berwick, Pennsylvania on
September 8,1977.
6. The Plaintiff seeks a divorce on the grounds that the Defendant has offered
. such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render
her condition intolerable and her life burdensome.
7. A prior action in divorce was instituted in Cumberland County to Docket
Number 05-2508. On or about October 28 , 2005, the matter in Cumberland County was
withdrawn.
8. The Plaintiff has been advised of the availability of counseling and that the
Plaintiff may have the right to require the parties to participate in counseling.
WHEREFORE, the Plaintiff requests this Court to enter a decree divorcing the
Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and the
Defendant.
COUNT TWO
DIVORCE UNDER SECTION 3301 lc) OF THE DIVORCE CODE
9. The Plaintiff incorporates by reference paragraphs one through eight.
10. The marriage between the Plaintiff and the Defendant is irretrievably broken.
WHEREFORE, the Plaintiff requests this Court to enter a Decree in Divorce.
COUNT THREE
ALIMONY AND ALIMONY PENDENTE LITE
11. The Plaintiff incorporates by reference paragraphs one through ten
12. The Plaintiff does not have sufficient funds to support herself during the
pendency of this action and afterward.
WHEREFORE, the Plaintiff requests spousal support, alimony pendente lite and
permanent alimony from the Defendant.
COUNT FOUR
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
13. The Plaintiff incorporates by reference paragraphs one through twelve.
14. During the pendency of their marriage, the Plaintiff and the Defendant
accumulated certain amounts of both personal and real property.
15. The Plaintiffhas requested the Defendant to agree to amicably divide the said
Number 05-2508. On or about October 28 , 2005, the matter in Cumberland County was
withdrawn.
8. The Plaintiff has been advised of the availability of counseling and that the
Plaintiff may have the right to require the parties to participate in counseling.
WHEREFORE, the Plaintiff requests this Court to enter a decree divorcing the
Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and the
Defendant.
COUNT TWO
DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE
9. The Plaintiff incorporates by reference paragraphs one through eight.
10. The marriage between the Plaintiff and the Defendant is irretrievably broken.
WHEREFORE, the Plaintiff requests this Court to enter a Decree in Divorce.
COUNT THREE
ALIMONY AND ALIMONY PENDENTE LITE
11. The Plaintiff incorporates by reference paragraphs one through ten
12. The Plaintiff does not have sufficient funds to support herself during the
pendency of this action and afterward.
WHEREFORE, the Plaintiff requests spousal support, alimony pendente lite and
permanent alimony from the Defendant.
COUNT FOUR
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
13. The Plaintiff incorporates by reference paragraphs one through twelve.
14. During the pendency of their marriage, the Plaintiff and the Defendant
accumulated certain amounts of both personal and real property.
15. The Plaintiffhas requested the Defendant to agree to amicably divide the said
property, but the parties have been unable to do so.
WHEREFORE, the Plaintiff requests this Court to decree an equitable distribution
of the parties' property.
COUNT EIGHT
ATTORNEY'S FEE. COSTS AND EXPENSES
16. The Plaintiff incorporates by reference paragraphs one through fifteen.
17. The Plaintiff has insufficient funds to employ counsel to complete this action.
18. The Plaintiff is also without sufficient funds to pay any costs which may be
incurred in this action.
WHEREFORE, the Plaintiff requests an Order for an award of counsel fees, costs and
expenses.
KEPNER, KEPNER & CORBA, P.C.
T.K.C RB ,
A orney for Plaintiff
123 West Front Street
Berwick, P A 18603
(570) 752-2766
I.D. #46077
S:'Oicatl2S00_3Ol:Il1JT11 V..,llA.F~YOlI:lCCompaaiaI:1ricb.CIptioa.wpd
VERIFICATION
I, Frances T. Vaughn, verify that the foregoing is true and correct to the best of
my own personal knowledge, information and belief. I understand that false statements
made herein are subject to the penalties of 18 Pa. C.S.A Section 4904, relating to
unsworn falsification to authorities.
LJ:~
Frances T. Vaughn
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FRANCES T. V ADGlIN,
Plaintiff,
vs.
GEORGE A VAUGHN, ill
Defendant.
: No. 05-2508 CML TERM
.
: CML ACTION - LAW
DNORCE
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PRAECIPE TO WITHDRAW
TO TIIE PROTHONOTARY:
Please withdraw the Divorce Complaint filed to the above captioned number.
Sworn to and sUDscribed befol?e-
me this 24th day of ,October' , '2dlr5.
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NCn'AlUAL sEAL .
VilerieK.l'.dinger. NotaIy Public
~~Ol~County
II1w'. ''';'''' expites August 14, 2007
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CIS T. VAUGHN, PIfAINTIFF
.
KEPNER, KEPNER & CORBA, P.C.
123 WEST FRONT STREET
BERWICK, PA 18603
(570) 752-2766
FACSIMILE: (570) 752-7894
FACSIMILE TRANSMITTAL SHEET
DATE: December 5, 2005
TO: BARBARA SUMPLE-SULLIVAN, ESO FROM: ALICE T.K. CORBA, ESOUIRE
FIRM:
RE: VAUGHN V. VAUGHN
CITY:
FACSIMILE NO: 717-774-7059
OPERATOR: VALERIE
TOTAL PAGES (including transmittal sheet): 11
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NO
COMMENTS: PLEASE GIVE TO ATTORNEY CORBA.
.........................................
The information contained in this facsimile message is attorney
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of the individual or entity named above. If the reader of this
message is not the intended recipient, you are hereby notified
that any dissemination, distribution, or copy of this
communication is strictly prohibited. If you have received this
communication in error, please immediately notify us by telephone
and return the original message to us at the above address via
U.S. Postal Service.
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KEPNER. KEPNER << CORBA. P.C.
123 WEST FRONT STREET
BERW~CK, PA 18603
(5'10) 752-2766
FACS~M~LE: (5'10) '152-7894
FACS~MrLE TRANSM~TTAL SHEET
DATE: December 5. 2005
TO: BARBARASUMPLE-SULLIVAN. ESO FROM: ALICE T.K. CORBA. ESOUIRE
FIRM:
RE: VAUGHN V. VAUGHN
CITY:
FACSIMILE NO: 717-774-7059
OPERATOR: VALERIE
TOTAL PAGES (including transmittal sheet): 11
ORIGINAL TO FOLLOW:
XX YES
NO
COMMENTS: PLEASE GIVE TO ATTORNEY CORBA.
.........................................
The information contained in this facsimile message is attorney
privileged and confidential information intended only for the use
of the individual or entity named above. If the reader of this
message is not the intended recipient, you are hereby notified
that any dissemination, distribution, or copy of this
communication is strictly prohibited. If you have received this
communication in error, please immediately notify us by telephone
and return the original message to us at the above address via
D.S.Postal Service.
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FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 05 - 2508 CIVIL
GEORGE A. VAUGHN,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this l~
doy of ~~,
the proceedings having been
2006, the economic claims raised in
resolved in accordance with a marital settlement agreement
dated January 6, 2006, 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',
/
cc:
',4liice T. Corba
Attorney for Plaintiff
~rbara Sumple-Sulli van J
Attorney for Defendant
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[',;'J!' SCJZ
MARITAL SETTLEMENT AGREEMENT
(/'V THIS AGREEMENT (hereinafter referred to as "Agreement"), made this 67:;(;day of
OJ j-:J-MtJJAi ~/10~ .
J(v Deeeftlec, o:ees, by and between GEORGE A. VAUGHN, III, hereinafter referred to as
"HUSBAND," and FRANCES TONOLO VAUGHN, hereinafter referred to as "WIFE."
WITNESSETH, That:
WHEREAS, the parties hereto are husband and wife, having been lawfully joined in
marriage on September 8, 1977, in Columbia County, Pennsylvania;
WHEREAS, the parties separated for the final time on or about September 15, 2004, and
have lived separate and apart since then;
WHEREAS, the only children borne of this marriage are two emancipated, adult children,
being Michelle Vaughn, born on July 17, 1985 (hereinafterreferred to individually as "Michelle"),
and Lara C. Vaughn, born May 21, 1984 (hereinafter referred to individually as "Lara"). In this
Agreement, Michelle and Lara are collectively referred to as "Daughters";
WHEREAS, it is the intention of the parties to settle fully and finally their respective
marital, financial and property rights and obligations as between each other arising out of the
marriage relationship or otherwise, including without limitation (I) the settling of all matters
between them relating to the ownership of real and personal property; (2) the settling of all
matters between them relating to the past, present and future support and/or maintenance of
Husband, Wife and Daughters; and (3) the settling of all matters between them relating to any and
all rights, titles and interests, claims and possible claims in or against the estate of the other.
Final- 12/28/05
NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by
reference and deemed an essential part hereof, in consideration of the foregoing recitals, the
mutual promises, covenants and undertakings herein set forth, and for good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband
and Wife, each intending to be legally bound hereby, covenant and agree as follows:
SECTION I
GENERAL PROVISIONS
1. ADVICE OF COUNSEL
HUSBAND and WIFE declare that they have each had a full, fair and complete
opportunity to obtain independent legal advice of counsel of their selection. Husband has been
independently represented by Barbara Sumple-Sullivan, Esquire. Wife is currently independently
represented by Alice T. Corba, Esquire, having been previously independently represented by
Diane G. Radcliff, Esquire, and Richard C. Rupp, Esquire. The parties further declare that they
are executing this Agreement freely and voluntarily, having obtained such knowledge and
disclosure of their legal rights and obligations as they deemed necessary. The parties
acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion,
duress, undue influence or collusion.
2. PERSONAL RIGHTS
Husband and Wife may at all times hereafter, live separate and apart from each other.
Each shall be free from all control, restraint, interference or authority, direct or indirect, by the
Final- 12/28/05
2
other in all respects as if he or she were unmarried, except as may be necessary to carry out the
provisions of this Agreement. Each may reside at such place or places as she or he may select.
Each may, for his or her separate use or benefit, conduct, carry on and engage in any business,
occupation, profession or employment which to him or her may seem advisable. This provision
shall not be taken, however, to be an admission on the part of either Husband or Wife of the
lawfulness of the causes, which led to or resulted in the continuation of their living apart.
Husband and Wife shall not molest, harass, or malign the other or the respective families of each
other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way
interfere with the peaceful existence, separate from each other.
3. FINANCIAL DISCLOSURE
Each of the parties acknowledge that he or she is aware of his or her right to seek financial
or other information of or from the other by mans oflegal discovery including, but not limited to,
written interrogatories, motions for production of documents, depositions, and such other means
of discovery as may be authorized under Pennsylvania law. The parties acknowledge that they
have had the right to have property fully appraised. Each party is fully satisfied that he or she
requires no additional information, financial or otherwise to enable him or her to willingly and
knowingly enter into this Agreement.
4. MUTUAL CONSENT DIVORCE
The parties shall secure a mutual consent, no-fault divorce pursuant to the provisions of
Section 3301(c) of the Divorce Code of 1980, as amended and shall execute the documents
Final- 12/28/05
3
necessary to effectuate a divorce under those provisions concurrently with the execution of this
Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be
signed simultaneously with this Agreement.
5. SUBSEQUENT DIVORCE
A decree in divorce, entered by the Court of Cumberland County or any other court of
this competent jurisdiction (hereinafter referred to as "Court"), shall not suspend, supersede or
affect the terms of this Agreement. This Agreement, and the terms and conditions contained
herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the
granting of a divorce decree to either party a Court. This Agreement shall remain in full force and
effect even if the parties reconcile, attempt reconciliation, or cohabit as Husband and Wife. This
Agreement shall continue in full force and effect and there shall not be a modification or waiver of
any of the terms hereof unless the parties, in a writing signed by both of them, execute a statement
declaring this Agreement or any term of this Agreement to be modified or waived. This
Agreement may be incorporated by reference but shall not be deemed merged into any judgment
or decree for divorce obtained by either party.
6. OTHER DOCUMENTATION
Husband and Wife shall, upon request of the other party, forthwith execute and deliver to
the other, any and all written instruments, assignments, releases, satisfactions, deeds, notes or
such other writings as may be necessary or desirable for the proper effectuation of this
Agreement.
Fina1- 12128/05
4
7. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement and regardless of any change in
law or personal circumstances of either of the parties:
A. Each party hereby absolutely and unconditionally releases and forever discharges
the other and the estate of the other for all purposes from any and all rights and obligations which
either may have or at any time hereafter have for past, present or future support or maintenance,
including child support, alimony pendente lite, alimony, equitable distribution, counsel fees, costs,
expenses and any other right or obligation, economic or otherwise, whether arising out of the
marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce
Code of 1980, its supplements and amendments, as well as under any other law of any other
jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any provision thereof.
Neither party shall have any obligation to the other not expressly set forth herein.
B. Each party hereby absolutely and unconditionally releases and forever discharges
the other and his or her heirs, executors, administrators, assigns, property and estate from any and
all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of
the parties or otherwise, whether now existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any former or future acts, contracts,
engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other
Final - l2/28/O5
5
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other
country. It is expressly understood, however, that neither the provisions of this release nor the
subsequent entry of a divorce decree are intended to defeat the right of either party to receive any
insurance proceeds at the death of the other of which she or he is the named beneficiary (whether
the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the
right of either party to receive any legacy, bequest or residuary portion ofthe other's estate under
his or her will, or to act as personal representative or executor if so named by the will of the
other, whether such will was executed prior or subsequent to this Agreement.
C. Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as
are expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or
demands whatsoever, in law or in equity, which either party ever had or now has against the
other
8. SUCCESSOR'S RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to
the benefit of the parties hereto, their respective heirs, executors, administrators, and assigns.
9. SEVERABILITY
If any provision in this Agreement is held by a Court to be invalid, void, or unenforceable,
Final- 12/28/05
6
the remaining provisions shall nevertheless continue in full force and effect without being impaired
or invalidated in any way.
10. ENTIRE AGREEMENT
This Agreement contains all of the representations, promises and Agreements made by
either of the parties to the other for the purposes set forth in the preamble. There are no claims,
promises or representations not herein contained, either oral or written, which shall or may be
charged or enforced or enforceable unless reduced to writing and signed by both of the parties
hereto.
11. BINDING EFFECT OF AGREEMENT/WAIVER
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement.
The failure of either party to insist upon strict performance of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or similar
nature, nor shall such failure be construed as a waiver of any other term, condition, clause or
provision of this Agreement.
12. BREACH
If either party breaches any provision of this Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach or seek such other remedies or
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"In. S. 2805 ':19PM
No.2 8 8 5 P. 2
relief as may be available to him or her, and the party breaching this contract shall be responsible
for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under
this Agreement.
13. CONTROLLING LAW
This Agreement shall be construed and governed in accordance with the laws of the
Commonwealth of Pennsylvania without reference to the application any conflict oflaw
prOVlstons.
14. TAX RETURNS
Wife has filed individual federal tax returns for tax years 2003 and 2004. Wife shall re-
file, revoke or amend said returns so as to be able to file joint returns for such years with
Husband. Further, the parties shall file joint federal returns for tax years 2003 and 2004. Wife
shall sign these federal returns simultaneously with the execution of this Agreement. Husband
shall be fUlly responsible for any and all tax consequences due to Wife's refiling a joint return for
tax years 2003 and 2004. Both parties agree that in the event the IRS audits the amended 2003-
2004 tax returns, Husband shall be considered the innocent spouse in regards to Wife's income
and Wife shall be the innocent spouse in regard to Husband's income.
SECTION IT
EQUITABLE DISTRIBUTION
During the marriage, the parties have accumulated various assets and incurred various
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8
" 6 m6 1:19PM
No,2385 P,3
liabilities, the disposition of which shall be as follows:
1. ASSETS
A. PERSONAL and HOUSEHOLD PROPERlY
Husband and Wife do hereby acknowledge that they have heretofore divided the non-
marital and marital tangible personal and household property, including but without limitation to
jewelry, clothes, furniture. All tangible personal and household property in the possession of Wife
as of the date of execution of this Agreement shall be the sole and separate property of Wife. All
tangible personal and household property in the possession of Husband as of the date of execution
of this Agreement shall be the sole and separate property of Husband. Each of the parties does
hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or
she may have with respect to any of said items which are the sole and separate property of the
other.
Notwithstanding the above, within ten (10) days of the date of execution of this
Agreement, Wife shall deliver to Husband, at his Mother's home in Berwick, Pennsylvania, the
entire collection of cooking recipes accumulated by the parties. Husband may retain the
collection for thirty (30) days and shall thereupon return the collection to Wife,
Notwithstanding the above, within ten (10) days of the date of execution of this
Agreement, Wife shall make available to Husband, at his Mother's home in Berwick,
Pennsylvania, the four (4) drawer legal size filing cabw.et previously stored W. the basement oCthe
parties' house, and Husband shall have the right to remove and/or copy those items which pertain
Final - 12f28f05
9
d. 5. 2JC5 1:19PM
No.2885 P.4
to him.
This document shall constitute a bill of sale for said sole property.
B. PROCEEDS FROM SALE OF 3606 GOLFVIEW DRIVE
The parties jointly owned property at 3606 Golfview Drive, Mechanicsburg, Cumberland
County, Pennsylvania. The property was sold on May 12, 2005. and the parties received
proceeds in the amount of One Hundred Thirteen Thousand Two Hundred Seventy Four Dollars
and 45/100 ($113,274.45) by check no. 6024 from Comprehensive Settlement Services, Inc.
(hereinafter "Proceeds"). The check is being held by Husband's counsel. The parties shall
immediately negotiate the check for deposit into an attorney's trust account which shall require
both counsel's signatures for release of any funds. The sums shall be used to pay the following
obligations (the amounts of which are approximate and for purpose of identification only):
L
The parties' 2003 Federal Tax Liability
$15,540.00 which represents base tax
of$I3,306 plus interest
through 8/15/05
and undetennined interest
2. Husband's 2003 State Tax Liability $ 3,426.00 which represents base
tax of $2,946.00 plus
interest and penalties
3. The parties' 2004 Federal Tax Liability $ 6,854.00 which represents base tax
of $6.297.00 plus interest
through 8/15/05, and
undetermined interest
4. Husband's 2004 State Tax Liability $ 4,016.00 which represents base
tax of$3.158.00 plus
interest
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= Dj 6 1: 2 C PM
No, 2885 P, 5
5, Summit Abstract 2004 State Tax Liability $ 1,672.00 +interest/penalties
6, The Fulton Bank Debt $63,409.33 through 1/6/2006
Acct, NO.7151358-01018
7. Mr. Alex Szeles Debt $24,314.34
8, Wesley Oler's Debt $10,000.00
9, Final PPL Electric for marital home $ 1,392.04
Acct. No, 58201-22008
10, Final Pennsylvania American Water $ 339.23
for marital home
Acct, No. 24-0662261-9
11. Kemper InsUl'ance for auto and home $ 282.00
Policy No. RQ 032158
12. Verizon $ 105.34
Acct. No. 7177329134061631l
13, National Telephone Exchange $ 170,00
Acct. No. 104162322
14. Texaco Card $ 257.29
Acct. No, 13-622-0314-1
15. MBNA Credit $ 915,93
Acct, No. #4800137999718327
16.
Comcast
Acct. No. 09547197816-01-6
$ 128.81
17.
Repayment of Wife's IRS credit
for 2003.
$ 2,295.00
18,
M. VanCoevering, Accountant Expenses
$ 1,500.00 (estimated)
In their totality, these obligations exceed the Proceeds. Therefore, Husband, Of his
attorney, may attempt to negotiate a compromise with all or some ofthe creditors in an attempt
Final - 12/28/05
II
". f. 20"5 1 :20PM
Nc. 2885 ~ 5
to reduce the total obligations to be paid. Regardless of the success of such negotiations,
Husband shall be responsible for any of the above referenced obligations which exceed the
amount of the Proceeds. However, upon receipt of the following documents (signed Consents
and Waivers for the divorce, signed tax returns, Releases from the daughters pursuant to
paragraph H of this Agreement) and clearance ofthe proceeds check account, checks shall be
signed and made payable as follows:
I.
Internal Revenue Service
2003 Federal Tax Liability
$15,540.00 + interest after 8/15/05
2.
Department of Revenue
2003 State Tax Liability
$ 3,426.00 + interest/penalties
3.
Internal Revenue Service
2004 Federal Tax Liability
$ 6,854.00 + interest after 8/15/05
4.
Department of Revenue
2004 State Tax Liability
$ 4,016 _ 00 + interest/ penalties
5.
The Fulton Bank Debt
Accl. No 7151358-01018
$63,409.33 + $12.30 per diem after
1/6/2006
6.
MaNA Credit
Plcct.No.#4800137999718327
$ 915.93
7.
Frances Vaughn and .Alice T. Corba.
her attorney
$10,000.00
All remaining proceeds shall be tendered to Husballd. Husband shall indemnify and hold
Wife harmless from all remaining obligations. In the event that Husband or his counsel is able to
negotiate and compromise some or all ofthe obligations so that a portion ofthe Proceeds
remains, such remaining portion shall be the sole property of Husband. Except for the creditors
itemized above, each party shall be responsible for his or her individually titled debt. Except as
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12
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No.2885 P.7
set forth above herein and in Section II (l)(D), the parties represent, covenant and agree to and
with the other that no other joint debts exist. WIfe is aware that Husband may ftle for bankruptcy
to discharge certain of these debts ifthe negotiations fail to result in compromise.
C. 928 BELAIR DRIVE
Wife is the owner of real property located at 928 Belair Drive, Berwick, Luzerne County,
Pennsylvania (hereinafter "Berwick Property"). The Berwick Property was conveyed to Husband
and Wife from Wife's parents by Deed dated November 27, 1986. The Berwick Property was
then transferred to Wife from Husband and Wife by Deed dated November 4, 2003, at her
demand. Wife shall retain sole ownership of the Berwick Property and be solely responsible for
any debts due and owing on thereon. Husband waives and relinquishes any claim to the Berwick
Property, including any rental claim against any present or former occupant thereof. Husband
shall execute a Deed over to Wife simultaneously with the signing of this Agreement.
D. MOTOR VEmCLES
At the time of separation, the parties owned jointly a 1997 Honda Civic, a 1996 Saturn
SL, a 2000 Jeep Cherokee, and a 1997 Lincoln Continental. The motor vehicles shall be disposed
of in the following manner:
It is the intention of the parties to make the 1997 Honda Civic the sole and separate
property of Michelle and the 1996 Saturn SL the sole and separate property of Lara, provided the
Daughters execute a full release and waiver of any alleged claims against the Husband and Wife
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13
. H,. 1. 2006 1: 20PM
No.288:
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" l!
for alleged use of the Daughters' monies when they were minors. This claim is more fully
identified in Section II(l ) (H) below. The parties shall cooperate in the execution and delivery of
the titles transferring these vehicles to the Daughters upon receipt of the signed releases in the
forms set forth herein in Exhibit" A." Wife shall indemnifY and hold Husband harmless from any
civil or criminal claims, fines or penalties, including without limitation, parking tickets, traffic
violations, and all other costs, expenses and claims asserted against him by virtue of his joint
ownership of the vehicle, in any manner arising out ofthe ownership, use, operation or
maintenance of said vehicle.
The 2000 Jeep Cherokee, which is encumbered by a loan from Sovereign Bank (Account
No 66817488613), shall become the sole and separate property of Wife. Wife shall be fully
responsible for any past, present and future principal, interest, penalties and costs associated with
the loan and shall indemnifY and hold Husband harmless from all such claims. Husband waives
any claims to said vehicle. The parties shall cooperate in the execution and delivery ofthe title
transferring this vehicle to Wife. Wife shall indemnifY and hold Husband harmless from any civil
or criminal claims, fines or penalties, including without limitation, parking tiCkets, traffic
violations, and all other costs, expenses and claims asserted against him by virtue of his joint
ownership of this vehicle, in any manner arising out of the ownership, use, operation or
maintenance of said vehicle. Wife shall be fully responsible for all insurance costs related thereto.
The 1997 Lincoln Continental shall become the sole and separate property of Husband.
Wife waives any claims to said vehicle. The parties agree to cooperate in the execution and
Final- 12/28/05
14
2 C' 6 1: 21 Pi,!
No,282S P,3
delivery of the title transferring this vehicle to Husband. Husband shall indemnify and hold Wife
harmless from any civil or criminal claims, fines, penalties, including without limitation, parking
tickets, traffic violations, and all other costs, expenses and claims asserted against her by virtue of
her joint ownership of this vehicle, in any manner arising out of the ownership, use, operation or
maintenance of said vehicle. Husband shall be solely responsible for all insurance costs related to
this insurance.
E. FINANCIAL ASSETS
The parties shall each maintain any checking, savings, or other financial account as is titled
in their individual names. The parties acknowledge that all marital accounts have been divided to
the mutual satisfaction of the parties. Any costs, fees, assessments or expenses arising out of the
existence or closure of any such account shall be paid equally by the parties.
F. PENSIONS. RETIREMENT AND EMPLOYMENT BENEFITS
The parties each represent and warrant that they did not at the time of separation nor do
they currently have any interest in pensions, employee benefits or retirement benefits, with the
exception of Wife's IRA at PNC Bank, This IRA has a present value of approximately
$3,500,00. Husband waives any claims to said IRA which shall be the sole property of Wife.
G. LIFE INSURANCE
The parties each represent and warrant that they did not at the time of separation nor do
they currently own any life insurance policies.
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15
1;,1.).2086 1:2:?M
No.2 8 8 5 F. 10
H. CLAIMS :BROUGHT BY PARTIES' DAUGHTERS
Wife has raised a claim that the parties owe, as a marital debt, approximately $20,000.00
to the Daughters for alleged inappropriate application of certain assets of the Daughters during
the marriage. Wife contends that in 1995 the parties allegedly borrowed Ten Thousand Dollars
($10,000.00) each from two separate UGMA accounts maintained at Fulton Bank for Lara and
Michelle. Husband denies that these sums were borrowed or inappropriately expended. It is
agreed that, in consideration of the Daughters receiving the vehicles as set forth above in Section
II(J)(D) and such other good and valuable consideration received by the Daughters from the
parties, the Daughters have waived and released their claims against the parties. Within seven (7)
days ofthe date of this Agreement, Wife shall secure from the Daughters the executed releases in
the form attached hereto as Exhibit "AU Wife's receipt ofthe cash payment set forth in Section
II(J)(l) below shall not be due unless and until Husband's receipt ofthe executed releases. If,
however, any claim is ever made against Husband by either Lara or Michelle with respect to the
UGMA acct or the disposition of the proceeds therefrom, the parties agree that Wife shall be
solely responsible for settlement or repayment of such claim. Wife shall indemnify and hold
Husband harmless from any claims or causes of action brought by either Lara or Michelle,
including attorney's fees and costs, incurred by Husband in defense of any such claims or in
enforcement of this right of indemnification. Wife waives and releases any and all claims against
Husband with respect to the UGMA accounts and the disposition of the proceeds therefrom.
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16
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No, 2885 P, 11
J. CASH PAYMENT TO WIFE:
Husband shall pay to Wife the sum ofTen Thousand Dollars ($10,000.00.). Payment shall
be made in accordance with paragraph B upon: (a) her execution ofthe Consent and Waiver to
the divorce, which Consent and Waiver can be duly executed simultaneously with this Agreement,
and (b) her delivery of the signed releases from the Daughters. Said payments by Husband to
Wife is in full satisfaction of all of her claims against Husband for equitable distribution or
otherwise.
2. DEBTS
Wife represents that she has not contracted any debt or liability which the estate of the
Husband may be responsible or liable and that, except only for the rights arising out of this
Agreement, Wife will not hereinafter incur any liability whatsoever for which Husband or the
estate of Husband will be liable. Husband represents that he has not purposively contracted any
debt Of liability which the estate of the Wife may be responsible or liable. Husband does disclose
that there are certain medical expenses which might be construed to be legally necessary expense
incurred by Husband for which creditors might make a claim against Wife. These expenses are:
(1) Good Samaritan Medical Center
(2) Quest Diagnostic
$3,636.42
$ 251.12
Husband shall indemnify and hold Wife harmless against said debts.
Final - 12/28/05
17
A. ' 2'D6 1 :21PM
~ 0 . 2885 P,' 2
To the best of the parties' knowledge, the parties affirm no other joint debts exist and all
joint credit cards and other obligations are terminated, With the exception to the debts listed in
Section II(l)(B) above to be satisfied in accordance with this Agreement, each party shall be
responsible for any and all other individual debts not addressed in Section II(l)(B).
SECTION m
SUPPORT, ALIMONY PENDENTE LITE, ALIMONY
1. WAIVER OF SUPPORT:
Both parttes acknowledge and agree that the provisions ofthis Agreement providing for
equitable distribution of marital property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final satisfaction of any claims or demands that either
may now or hereafter have against the other for support, maintenance, alimony or alimony
pendente lite. Husband and Wife further, voluntarily and intelligently, waive and relinquish any
right to seek from the other any payment for spousal or child support, alimony, alimony pendente
lite and maintenance. All pending actions at Domestic Relations Office and for alimony pendent
elite shall be tenninated, and Wife's Petition for Special relief filed on or about May 17, 2005, in
the Court of Common Pleas of Cumberland County shall be withdrawn.
2. PROCEDURAL POSTUR:E OF LITIGATION:
Wife has instituted two divorce proceedings. The matter was filed in Cumberland County
to Docket No. 05-2508 and a second divorce action in Luzerne County to Docket No. 12842-C
of 2005. Wife shall file a Praecipe to Discontinue the Luzerne County action. Wife shall further
FInal - 12/28/05
18
'," 6. 20 C 6 1: 2: p~
No 2885 p, 13
withdraw any pending actions at Luzerne County Domestic Relations. Wife shall sign the
attached Stipulation verifYing her intention to proceed with the conclusion of the divorce through
Cumberland County at Docket No. 05-2508. Both Husband and Wife shall file with the
Cumberland County Domestic Relations Office a Praecipe to Discontinue their pending
SupportJAlimony Pendente Lite cases docketed to PACSES No. 00826 S 2004 and PACSES No.
625106971. All other pending Petitions for Special Relief filed by Husband pending before the
court shall be deemed withdrawn in light of the full settlement.
SECTION IV
1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS
The parties acknowledge that this Agreement shall become effective when actually signed
bY~;
/ .
livITNESS
.4f~~
GE GE A. GUN, ill
4UYLcMJ~~~ ~
FRANCES TONOLO VAUGHN
Final ~ 12/28105
19
'" 'J' "n~ 1:22PM
k2885
P. 14
COMMONWEALTH OF PENNSYL VANIA
)
) 55.
)
COUNTY OF CUMBERLAND
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared George A. Vaughn, m, who being duly affirmed ac;;cording to law,
deposes and says that the fac;;ts and matter set forth in the within and foregoing Marital
Settlement A ement are true and c;;orrec;;t to the best of his knowledge, information and belief
/
/ /
~ ,.
~ subsc;;ribed to before me this J;# day o~~
/'
,-
..
/
//
I, NOT AR
t/
My c;;ommission expires:
(5
,
C0:tvllv10NWEALTH OF PENNSYL VANIA
COUNTY OF (i{~;'
NOTARIAL SEAL
BARBARA SUMPLE.SULlIVAN
Nofary Public
NEWCUMBERLAND BOROUGH
CUMBERLAND COUNTY
My CommlssJon Expires Nav 15, 2007
)
) SS.
)
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared Frances Tonolo Vaughn who being duly affirmed acc;;ording to law,
deposes and says that the fac;;ts and matter set forth in the within and foregoing Marital
Settlement Agreement are true and c;;orrect to the best of her knowledge, information and belief.
Affirmed and subscribed to before me this iY Y1l day o~ 2006.
(SEAL)
NOTARlALSEAL
Valerie K. Edinger, Notary Public
Berwick Bora., Columbia County
My commission expires August 14, 2007
Final- 12/28/05
20
Exhibit A
SETTLEMENT AGREEMENT AND RELEASE
THIS Agreement is made this
day of
, 2005, and shall
be effective by and between Michelle Vaughn, her heirs, successors and assigns of
, Lemoyne, Pennsylvania 17043 (hereinafter referred to as "Daughter"),
George A. Vaughn, III, his heirs, successors and assigns of3523 September Drive, Camp
Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Father") and
Frances Tonolo Vaughn, her heirs, successors and assigns of
(hereinafter referred to as "Mother).
WITNESSETH:
WHEREAS, Daughter is the younger of two (2) children born to Father and
Mother during their marriage;
WHEREAS, claims have arisen from Daughter against Father and~'
concerning alleged inappropriate application of certain assets from Daughter's UGMA
Account at Fulton Bank during Father and Mother's marriage (hereinafter the "Claims");
WHEREAS, while Father and ~peCifiCallY deny any liability related to the
Claims, the parties have agreed to a compromised settlement of the controversy;
NOW THEREFORE, the parties intending to be legally bound, do agree as
follows:
1
1) Incorporation of Preamble: The terms of the preamble are incorporated
herein as material terms of this Agreement.
2) Payment: Daughter has agreed to accept receipt of Father and Mother's
vehicle, a 1997 Honda Civic currently in her possession, and certain other good and
valuable considerations previously received, as full and fmal settlement by Daughter of
the Claims.
3) Release: Daughter does hereby fully remise, release and forever discharge
/'
Father and ~er, their heirs, successors and assigns from any and all demands, actions,
causes of action, liabilities, claims, suits, charges, deeds, liens, contracts, dues, accounts,
bonds, covenants, agreements, judgments, damages, costs and or expenses, which
Daughter may now have or which in the future may arise in law or equity, including but
not limited to attorneys' fees, which arise from the Claims.
4) Agreement Not To Disparage and For Confidentiality: This settlement
represents a disputed claim. As a further condition of this Agreement, Daughter agrees to
forever refrain from making any type of negative comment against Father and ~
their agents, successors and assigns. Further, Daughter agrees to keep this Agreement
confidential and not to disclose same to any third party without the express consent of
2
Father and ~
v
IN WITNESS WHEREOF, the parties intending to be legally bound, set their
hands and seals as above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Witness Michelle Vaughn
Witness George A. Vaughn, III
Witness Frances Tonolo Vaughn
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF )
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared Michelle Vaughn, who being duly
affIrmed according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of her knowledge, information and belief.
Affumed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
3
l_
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF )
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared George A. Vaughn, ill, who being
duly affIffiled according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of his knowledge, information and belief.
Affirmed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
COMMONWEALTH OF PENNSYL VANIA
)
) SS.
)
COUNTY OF
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared Frances Tonolo Vaughn, who being
duly affIffiled according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of her knowledge, information and belief.
Affirmed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
4
SETTLEMENT AGREEMENT AND RELEASE
THIS Agreement is made this day of , 2005, and shall
be effective by and between Lara C. Vaughn, her heirs, successors and assigns of 300
Boggs Avenue, Pittsburg, Pennsylvania 15211 (hereinafter referred to as "Daughter"),
George A. Vaughn, III, his heirs, successors and assigns of 3523 September Drive, Camp
Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Father") and
Frances Tonolo Vaughn, her heirs, successors and assigns of
(hereinafter referred to as "Mother).
WITNESSETH:
WHEREAS, Daughter is the eldest of two (2) children born to Father and Mother
during their marriage;
WHEREAS, claims have arisen from Daughter against Father and Mother
concerning alleged inappropriate application of certain assets from Daughter's UGMA
Account during Father and Mother's marriage;
WHEREAS, while Father and Mother specifically admit any liability related to the
Claims, the parties have agreed to a compromised settlement of the controversy;
NOW THEREFORE, the parties intending to be legally bound, do agree as
follows:
1
1) Incorporation of Preamble: The terms of the preamble are incorporated
herein as material terms of this Agreement.
2) Payment: Daughter has agreed to accept receipt of Father and Mother's
vehicle, a 1996 Saturn SL currently in her possession, and certain other good and
valuable considerations previously received as full and fmal settlement by Daughter of
the Claims.
3) Release: Daughter does hereby fully remise, release and forever discharge
Father and Mother, their heirs and assigns, from any and all demands, actions, causes of
action, liabilities, claims, suits, charges, deeds, liens, contracts, dues, accounts, bonds,
covenants, agreements, judgments, damages, costs and or expenses, which Daughter may
now have or which in the future may arise in law or equity, including but not limited to
attorneys' fees, which arise from the Claims.
4) Agreement Not To Disparage and For Confidentiality: This settlement
represents a disputed claim. As a further condition of this Agreement, Daughter agrees to
forever refrain from making any type of negative comment against Father and Mother,
their agents, successors and assigns. Further, Daughter agrees to keep this Agreement
confidential and not to disclose same to any third party without the express consent of
2
Father and Mother.
IN WITNESS WHEREOF, the parties intending to be legally bound, set their
hands and seals as above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Witness Lara C. Vaughn
Witness George A. Vaughn, III
Witness Frances Tonolo Vaughn
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF )
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared Lara C. Vaughn, who being duly
affIrmed according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of her knowledge, information and belief.
Affirmed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
3
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF )
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared George A. Vaughn, III, who being
duly affirmed according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of his knowledge, information and belief.
AffInned and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
)
) SS.
)
COUNTY OF
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared Frances Tonolo Vaughn, who being
duly affInned according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of her knowledge, information and belief.
Affirmed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
4
,
MARITAL SETTLEMENT AGREEMENT
..; THIS AGREEMENT (hereinafter referred to as "Agreement"), made this 6d day of
v'.JM(/~1.j oI{jt16
-0v n,,~,,",h~r 2905, by and between GEORGE A. VAUGHN, III, hereinafter referred to as
"HUSBAND," and FRANCES TONOLO VAUGHN, hereinafter referred to as "WIFE."
WITNESSETH, That
WHEREAS, the parties hereto are husband and wife, having been lawfully joined in
marriage on September 8, 1977, in Columbia County, Pennsylvania;
WHEREAS, the parties separated for the final time on or about September 15, 2004, and
have lived separate and apart since then;
WHEREAS, the only children borne of this marriage are two emancipated, adult children,
being Michelle Vaughn, born on July 17, 1985 (hereinafter referred to individually as "Michelle"),
and Lara C Vaughn, born May 21, 1984 (hereinafter referred to individually as "Lara"). In this
Agreement, Michelle and Lara are collectively referred to as "Daughters";
WHEREAS, it is the intention of the parties to settle fully and finally their respective
marital, financial and property rights and obligations as between each other arising out of the
marriage relationship or otherwise, including without limitation (1) the settling of all matters
between them relating to the ownership of real and personal property; (2) the settling of all
matters between them relating to the past, present and future support and/or maintenance of
Husband, Wife and Daughters; and (3) the settling of all matters between them relating to any and
all rights, titles and interests, claims and possible claims in or against the estate of the other.
Final- 12/28/05
, ,
.
.
necessary to effectuate a divorce under those provisions concurrently with the execution of this
Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be
signed simultaneously with this Agreement.
5. SUBSEQUENT DIVORCE
A decree in divorce, entered by the Court of Cumberland County or any other court of
this competent jurisdiction (hereinafter referred to as "Court"), shall not suspend, supersede or
affect the terms of this Agreement. This Agreement, and the terms and conditions contained
herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the
granting of a divorce decree to either party a Court. This Agreement shall remain in full force and
effect even if the parties reconcile, attempt reconciliation, or cohabit as Husband and Wife. This
Agreement shall continue in full force and effect and there shall not be a modification or waiver of
any of the terms hereof unless the parties, in a writing signed by both of them, execute a statement
declaring this Agreement or any term of this Agreement to be modified or waived This
Agreement may be incorporated by reference but shall not be deemed merged into any judgment
or decree for divorce obtained by either party.
6. OTHER DOCUMENTATION
Husband and Wife shall, upon request of the other party, forthwith execute and deliver to
the other, any and all written instruments, assignments, releases, satisfactions, deeds, notes or
such other writings as may be necessary or desirable for the proper effectuation of this
Agreement.
Final- 12/28/05
4
7. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement and regardless of any change in
law or personal circumstances of either of the parties:
A. Each party hereby absolutely and unconditionally releases and forever discharges
the other and the estate of the other for all purposes from any and all rights and obligations which
either may have or at any time hereafter have for past, present or future support or maintenance,
including child support, alimony pendente lite, alimony, equitable distribution, counsel fees, costs,
expenses and any other right or obligation, economic or otherwise, whether arising out of the
marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce
Code of 1980, its supplements and amendments, as well as under any other law of any other
jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any provision thereof.
Neither party shall have any obligation to the other not expressly set forth herein
B. Each party hereby absolutely and unconditionally releases and forever discharges
the other and his or her heirs, executors, administrators, assigns, property and estate from any and
all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of
the parties or otherwise, whether now existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any former or future acts, contracts,
engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other
Final- 12/28/05
5
.'
.
the remaining provisions shall nevertheless continue in full force and effect without being impaired
or invalidated in any way.
10. ENTIRE AGREEMENT
This Agreement contains all of the representations, promises and Agreements made by
either of the parties to the other for the purposes set forth in the preamble. There are no claims,
promises or representations not herein contained, either oral or written, which shall or may be
charged or enforced or enforceable unless reduced to writing and signed by both of the parties
hereto.
11. BINDING EFFECT OF AGREEMENT/WAIVER
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement.
The failure of either party to insist upon strict performance of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or similar
nature, nor shall such failure be construed as a waiver of any other term, condition, clause or
provision of this Agreement.
12. BREACH
If either party breaches any provision of this Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach or seek such other remedies or
Final - 12/28/05
7
J,", 6, 2006 1:19PM
No,2885 P, 2
relief as may be available to him or her, and the pany breaching this contract shall be responsible
for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under
this Agreement.
13. CONTROLLING LAW
This Agreement shall be construed and governed in accordance with the laws of the
Commonwealth of Pennsylvania without reference to the application any conflict oflaw
provisions.
14. TAX RETURNS
Wife has filed individual federal tax returns for tax years 2003 and 2004. Wife shall re-
file, revoke or amend said returns so as to be able to file joint returns for such years with
,
Husband, Further, the parties shall file joint federal returns for tax years 2003 and 2004. Wife
shall sign these federal retUrns simultaneously with the execution of this Agreement, Husband
shall be fully responsible for any and all tax consequences due to Wife's refiling a joint return for
tax years 2003 and 2004. Both parties agree that in the event the IRS audits the amended 2003.
2004 tax returns, Husband shall be considered the innocent spouse in regards to Wife's income
and Wife shall be the innocent spouse in regard to Husband's income.
SECTION II
EQUITABLE nISTlUBUTION
During the marriage, the parties have accumulated various assets and incurred various
Final- 12/28/05
8
Jan. D. ZUU6 1:19PM
No.zm p. 3
liabilities, the disposition of which shall be as follows:
1. ASSETS
A. PERSONAL and HOUSEHOLD PROPERTY
Husband and Wife do hereby acknowledge that they have heretofore divided the non-
marital and marital tangible personal and household property, including but without limitation to
jewelry, clothes, furniture. All tangible personal and household property in the possession of Wife
as of the date of execution of this Agreement shall be the sole and separate property of Wife. All
tangible personal and household property in the possession of Husband as of the date of execution
ofthis Agreement shall be the sole and separate property of Husband. Each of the parties does
hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or
she may have with respect to any of said items which are the sole and separate property of the
other.
Notwithstanding the above, within ten (10) days of the date of execution ofthis
Agreement, Wife shall deliver to Husband, at his Mother's home in Berwick, Pennsylvania, the
entire collection of cooking recipes accumulated by the parties. Husband may retain the
collection for thirty (30) days and shall thereupon return the collection to Wife.
Notwithstanding the above, within ten (10) days of the date of execution of this
Agreement, Wife shall make available to Husband, at his Mother's home in Berwick,
Pennsylvania. the four (4) drawer legal size filing cabwet previously stored in the basement of the
parties' house, and Husband shall have the right to remove andlor copy those items which pertain
Final- 12/28105
9
Jln. 6. 1006 \ :19PM
No)885 P, 4
to him.
This document shall constitute a bill of sale for said sole property.
B. PROCEEDS FROM SALE OF 3606 GOLFVIEW DRIVE
The parties jointly OWned property at 3606 Golfview Drive, Mechanicsburg, Cumberland
County, Pennsylvania, The property was sold on May 12, 200S, and the parties received
proceeds in the amount of One Hundred Thirteen Thousand Two Hundred Seventy Four Dollars
and 45/100 ($113,274.45) by check no. 6024 from Comprehensive Settlement Services, Inc.
(hereinafter "Proceeds"). The check is being held by Husband's counsel. The parties shall
immediately negotiate the check for deposit into an attorney's trust account which shall require
both counsel's signatures for release of any funds, The sums shall be used to pay the following
obligations (the amounts of which are approximate and for purpose of identification only):
1.
The parties' 2003 Federal Tax Liability
$15,540.00 which represents base tax
of $13,306 plus interest
through 8/15/05
and undetermined interest
2. Husband's 2003 State Tax Liability $ 3,426.00 which represents base
tax of $2,946.00 plus
interest and penalties
3. The parties' 2004 Federal Tax Liability $ 6,854.00 which represents base tax
of $6,297.00 plus interest
through 8/15/05, and
undetermined interest
4. Husband's 2004 State Tax Liability $ 4,016.00 which represents base
tax of$3,158,00 plus
interest
Final -12/28/05 10
,I-ill. b, LUUb I:LU~M
No)HHb ~,b
5. Summit Abstract 2004 State Tax Liability $ 1,672.00 +interest/penalties
6. The Fulton Bank Debt $63,409.33 through 1/6/2006
Acct. NO.715I358-01018
7. Mr. Alex Szeles Debt $24,314.34
S, Wesley OIer's Debt $10,000,00
9. Final PPL Electric fOf marital home $ 1,392.04
Acct, No. 58201-22008
10. Final Pennsylvania American Water $ 339.23
for marital home
Acct. No. 24-0662261-9
11. Kemper Insurance for auto and home $ 282.00
Policy No. RQ 032158
12 Verizon $ 105.34
Acct. No. 717732913406163Y
13. National Telephone Exchange $ 170.00
Acct. No. 104162322
14. Texaco Card $ 257.29
Acct. No. 13-622-0314-1
15. MBNA Credit $ 915.93
Acct. No. #4800137999718327
16.
Comcast
Acet.No.09547197816-01-6
$ 128.8 I
17.
Repayment of Wife's IRS credit
for 2003.
$ 2,295.00
18. M. VanCoevering, Accountant Expenses $ 1,500.00 (estimated)
In their totality, these obligations exceed the Proceeds. Therefore, Husband, or his
attorney, may attempt to negotiate a compromise with all or some ofthe creditors in an attempt
Final - 12/28/05
II
HD, n, iVUD \:iU~M
NO,L~~J p, b
to reduce the total obligations to be paid, Regardless ofthe success of such negotiations,
Husband shall be responsible for any ofthe above referenced obligations which exceed the
amount of the Proceeds. However, upon receipt of the following documents (signed Consents
and Waivers for the divorce. signed tax returns, Releases from the daughters pursuant to
paragraph H ofthis Agreement) and clearance of the proceeds check account, checks shall be
signed and made payable as follows:
2.
1.
Internal Revenue Service
2003 Federal Tax Liability
$15,540.00 + interest after 8/15/05
D~partment of Revenue
2003 State Tax Liability
$ 3,426,00 + interest/penalties
3.
Internal Revenue Service
2004 Federal Tax Liability
$ 6, gS4, 00 + interest after 8/15/05
4.
Department of Revenue
2004 State Tax Liability
$ 4,016.00 + interestJ penalties
S.
The Fulton Bank Debt
Acct. No. 7151358-01018
$63,409,33 + $12.30 per diem after
1/6/2006
6.
MBNA Credit
Aoct.No.#4800137999718327
$ 915.93
7.
Ftances Vaughn and Alice T. Corba,
her attorney
$10,000.00
All remaiiling proceeds shall be tendered to Husband. Husband shall indemnify and hold
Wife harmless from all remaining obligations. In the event that Husband or his counsel is able to
negotiate and compromise some or all ofthe obligations so that a portion of the Proceeds
remains, such remaining portion shall be the sole property of Husband, Except for the creditors
itemized above, llach party shall be responsible for his or her individually titled debt. Except as
Final- l:U281OS
12
.la1.b.1UUb I:LU~M
No.1tltln ~. I
set forth above herein and in Section IT (1 )(D), the parties represent, covenant and agree to and
with the other that no other joint debts exist. Wife is aware that Husband may file for bankruptcy
to discharge certain of these debts if the negotiations fail to result in compromise.
C. 928 BELAIR DRIVE
Wife is the owner of rea! property located at 928 Belair Drive, Berwick, Luzerne County,
Pennsylvania (hereinafter "Berwick Property"). The Berwick: Property was conveyed to Husband
and Wife from Wife's parents by Deed dated November 27, 1986. The Berwick Property was
then transferred to Wife from Husband and Wife by Deed dated November 4, 2003, at her
demand. Wife shall retain sole ownership of the Berwick Property and be solely responsible for
any debts due and owing on thereon. Husband waives and relinquishes any claim to the Berwick
Property, including any rental claim against any present or former occupant thereof. Husband
shall execute a Deed over to Wife simultaneously with the signing of this Agreement.
D. MOTOR VEmCLES
At the time of separation, the parties owned jointly II 1997 Honda Civic, a 1996 Saturn
SL, a 2000 Jeep Cherokee, and a 1997 Lincoln Continental. The motor vehicles shall be disposed
of in the following manner:
It is the intention of the parties to make the 1997 Honda Civic the sole and separate
property of Michelle and the 1996 Saturn SL the sole and separate property of Lara, provided the
Daughters execute a full release and waiver of any alleged claims against the Husband and Wife
Final- 12/28/05
13
hr.6.2n061:20PM
No.2885 P.8
for alleged use of the Daughters' monies when they were minors. This claim is more fully
identified in Section 11(1 )(H) below. The parties shall cooperate in the execution and delivery of
the titles transferring these vehicles to the Daughters upon receipt of the signed releases in the
forms set forth herein in Exhibit "A." Wife shall indemnify and hold Husband harmless from any
civil or criminal claims, fines or penalties, including without limitation, parking tickets, traffic
violations, and all other costs, expenses and claims asserted against him by virtue of his joint
ownership of the vehicle, in any manner arising out ofthe ownership, use, operation or
maintenance of said vehicle.
The 2000 Jeep Cherokee, which is encumbered by a loan from Sovereign Bank (Account
,
No. 6681748861'3), shall become the sole and separate property of Wife. Wife shall be fUlly
responsible for any past, present and future principal, interest, penalties and costs associated with
the loan and shall indemnifY and hold Husband harmless from all such claims. Husband waives
any claims to said vehicle. The parties shall cooperate in the execution and delivery ofthe title
transferring this vehicle to Wife. Wife shall indemnifY and hold Husband harmless from any civil
or criminal claims, fines or penalties, including without limitation, parking tiCkets, traffic
violations, and all other costs, expenses and claims asserted against him by virtue of his joint
ownership of this vehicle, in any manner arising out ofthe ownership, use, operation or
maintenance of said vehicle. Wife shall be fully responsible for all insurance costs related thereto.
The 1997 Lincoln Continental shall become the sole and separate property of Husband.
Wife waives any claims to said vehicle. The parties agree to cooperate in the execution and
Final- 12/28105
14
l,r6,10061:11PM
No)885 P,9
delivery of the title transferring this vehicle to Husband. Husband shall indemnify and hold Wife
harmless from any civil or criminal claims, fines, penalties, includmg without limitation, parking
tickets, traffic violations, and all other costs, expenses and claims asserted against her by virtue of
her joint ownership of this vehicle, in any manner arising out ofthe ownership, use, operation or
maintenance of said vehicle. Husband shall be solely responsible for all insurance costs related to
this insurance,
E. FINANCIAL ASSETS
The parties shall each maintain any checking, savings, or other financial account as is titled
in their individual names. The parties acknowledge that all marital accounts have been divided to
the mutual satisfaction of the parties. Any costs, fees, assessments or expenses arising out of the
existence or closure of any such account shall be paid equally by the parties.
F. PENSIONS. RETIREMENT AND EMPLOYMENT BENEFITS
The parties each represent and warrant that they did not at the time of separation nor do
they currently have any interest in pensions, employee benefits or retirement benefits, with the
,
exception ofW1fe's IRA at PNC Bank. This IRA has a present value of approximately
$3,500,00. Husband waives any claims to said IRA which shall be the sole property of Wife.
G. LIFE INSURANCE
The parties each represent and warrant that they did not at the time of separation nor do
they currently own any life insurance policies.
Final- 12/28/05
15
J,J'" 6. ZUUIl I :ZIPM
No.ZHHb p. IU
B. CLAIMS BROUGHT BY PARTlES' DAUGHTERS
Wife has raised a claim that the panies owe, as a marital debt, approximately $20,000.00
to the Daughters for alleged inappropriate application of certain assets of the Daughters during
the marriage. Wife contends that in 1995 the parties allegedly borrowed Ten Thousand Dollars
($10,000.00) each from two separate UGMA accounts maintained at Fulton Bank for Lara and
Michelle. Husband denies that these sums were borrowed or inappropriately expended. It is
agreed that, in consideration of the Daughters receiving the vehicles as set forth above in Section
II(I)(D) and such other good and valuable consideration received by the Daughters from the
parties, .the Daughters have waived and released their claims against the parties. Within seven (7)
days of the date of this Agreement, Wife shall secure from the Daughters the executed releases in
the form attached hereto as Exhibit "A." Wife's receipt of the cash payment set forth in Section
II(I)(I) below shall not be due unless and until Husband's receipt of the executed releases. If,
however, any claim is ever made against Husband by either Lara or Michelle with respect to the
UGMA acct or the disposition of the proceeds therefrom, the parties agree that Wife shall be
solely responsible for settlement or repayment of such claim. Wife shall indemnifY and hold
Husband harmless from any claims or causes of action brought by either Lara or Michelle,
including attomey's fees and costs, incurred by Husband in defense of any such claims or in
enforcement of this right of indemnification. Wife waives and releases any and all claims against
Husband with respect to the UGMA accounts and the disposition ofthe proceeds therefrom.
Final- 12128/05
16
Jan. b. LUUb I :LI~M
No.LHBb ~,II
I. CASH PAYMENT TO WIFE:
Husband shall pay to Wife the sum ofTen Thousand Dollars ($10,000.00.). Payment shall
be made in accordance with paragraph B upon: (a) her execution ofthe Consent and Waiver to
the divorce, which Consent and Waiver can be duly executed simllItaneously with this Agreement;
and (b) her delivery of the signed releases from the Daughters. Said payments by Husband to
Wife is in full satisfaction of all of her claims against Husband for equitable distribution Or
otherwise.
2. l>EBTS
Wife represents that she has not contracted any debt or liability which the estate of the
Husband may be responsible or liable and that, except only for the rights arising out of this
Agreement, Wife will not hereinafter incur any liability whatsoever for which Husband or the
estate of Husband will be liable. Husband represents that he has not purposively contracted any
debt or liability which the estate of the Wife may be responsible or liable. Husband does disclose
that there are certain medical expenses which might be construed to be legally necessary expense
incurred by Husband for which creditors might make a claim against Wife. These expenses are;
(1) Good Samaritan Medical Center
(2) Quest Diagnostic
$3,636.42
$ 251.12
Husband shall indemnify and hold Wife hannless against said debts.
Final - ] 2128105
17
ell n, n. I U U D I; I [~M
No,i~~n ~,Ii
To the best of the parties' knowledge, the parties affirm no other joint debts exist and all
joint credit cards and other obligations are terminated. With the exception to the debts listed in
Section n(l )(B) above to be satisfied in accordance with this Agreement, each party shall be
responsible for any and all other individual debts not addressed in Section II(1)(B).
SECTION m
SUPPORT, ALIMONY PENDENTE LITE, ALIM:ONY
1. WAIVER OF SUPPORT:
Both partles acknowledge and agree that the provisions of this Agreement providing for
equitable distribution of marital property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final satisfaction of any claims or demands that either
may now or hereafter have against the other for support, maintenance, alimony or alimony
pendente lite. Husband and Wife further, voluntarily and intelligently, waive and relinquish any
right to seek from the other any payment for spousal or child support, alimony, alimony pendente
lite and maintenance. All pending actions at Domestic Relations Office and for alimony pendent
elite shall be terminated, and Wife's Petition for Special relief filed on or about May 17,2005, in
the Court of Common Pleas of Cumberland County shall be withdrawn.
2. PROCEDURAL POSTURE OF liTIGATION:
Wife has instituted two divorce proceedings. The matter was filed in Cumberland County
to Docket No. 05-2508 and a second divorce action in Luzerne County to Docket No. 12842-C
of 2005. Wife shall file a Praecipe to Discontinue the Luzerne County action. Wife shall further
Fin.l - 12/28/05
18
,13~.b'LUUb I:LI~M
No.LH~b ~. Ij
withdraw any pending actions at Luzerne County Domestic Relations. Wife shall sign the
attached Stipulation verifYing her intention to proceed with the conclusion of the divorce through
Cumberland County at Docket No. 05-2508. Both Husband and Wife shall file with the
Cumberland County Domestic Relations Office a Praecipe to Discontinue their pending
Support/Alimony Pendente Lite caseS docketed to PACSES No. 00826 S 2004 and PACSES No.
625106971, All other pending Petitions for Special Relieffiled by Husband pending before the
court shall be deemed withdrawn in light ofthe full settlement.
SECTION IV
1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS
The parties acknowledge that this Agreement shall become effective when actually signed
by both parties.
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Final- 12/28/05
19
Ji~.b.LUlJb I:LL~M
NO.n~b ~. 14
COUNTY OF CUMBERLAND
)
) 55.
)
COMMONWEALTH OF PENNSYLVANIA
Before me, the undersigned officer, a Notary Public in and for said Conunonwealth and
County, personally appeared George A. Vaughn, lIT, who being duly affinned according to law,
deposes and says that the facts and matter set forth in the within and foregoing Marital
Settlement Agreement are true and correct to the best ofms knowledge, information and belief.
/ ARY PUBLIC
~
My commission expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C ~Q--Lvd'~_
NOTARIAL SEAl
BARBARA SUMPlE.SUlllVAN
Notary Public
NEWCIJ'.>BERlAND BOROUGH
CUtJ1BfRlAND COUNTY
V n:'mis:.IOf', Expiles Nov 15, 2007
)
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared Frances TORolo Vaughn who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoing Marital
Settlement Agreement are true and correct to the best of her knowledge, information and belief.
Vi7
Affirmed and subscribed to before me this L day of
(SEAL)
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20
Exhibit A
SETTLEMENT AGREEMENT AND RELEASE
THIS Agreement is made this
day of
, 2005, and shall
be effective by and between Michelle Vaughn, her heirs, successors and assigns of
, Lemoyne, Pennsylvania 17043 (hereinafter referred to as "Daughter"),
George A. Vaughn, III, his heirs, successors and assigns of 3523 September Drive, Camp
Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Father") and
Frances Tonolo Vaughn, her heirs, successors and assigns of
(hereinafter referred to as "Mother).
WI TNE SSE TH:
WHEREAS, Daughter is the younger of two (2) children born to Father and
Mother during their marriage;
WHEREAS, claims have arisen from Daughter against Father and ~
concerning alleged inappropriate application of certain assets from Daughter's UGMA
Account at Fulton Bank during Father and Mother's marriage (hereinafter the "Claims");
~
WHEREAS, while Father and ~specificallY deny any liability related to the
Claims, the parties have agreed to a compromised settlement of the controversy;
NOW THEREFORE, the parties intending to be legally bound, do agree as
follows:
I
1) Incorporation of Preamble: The terms of the preamble are incorporated
herein as material terms of this Agreement.
2) Payment: Daughter has agreed to accept receipt of Father and Mother's
vehicle, a 1997 Honda Civic currently in her possession, and certain other good and
valuable considerations previously received, as full and final settlement by Daughter of
the Claims.
3) Release: Daughter does hereby fully remise, release and forever discharge
Father and ~their heirs, successors and assigns from any and all demands, actions,
causes of action, liabilities, claims, suits, charges, deeds, liens, contracts, dues, accounts,
bonds, covenants, agreements, judgments, damages, costs and or expenses, which
Daughter may now have or which in the future may arise in law or equity, including but
not limited to attorneys' fees, which arise from the Claims.
4) Agreement Not To Disparage and For Confidentiality: This settlement
represents a disputed claim. As a further condition of this Agreement, Daughter agrees to
forever refrain from making any type of negative comment against Father and ~
,
their agents, successors and assigns. Further, Daughter agrees to keep this Agreement
confidential and not to disclose same to any third party without the express consent of
2
" .
Father and~.
IN WITNESS WHEREOF, the parties intending to be legally bound, set their
hands and seals as above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Witness Michelle Vaughn
Witness George A. Vaughn, III
Witness Frances Tonolo Vaughn
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF )
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared Michelle Vaughn, who being duly
affirmed according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of her knowledge, information and belief.
Affirmed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
3
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF )
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared George A. Vaughn, III, who being
duly affirmed according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of his knowledge, information and belief.
Affirmed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
)
) SS.
)
COUNTY OF
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared Frances Tonolo Vaughn, who being
duly affirmed according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of her knowledge, information and belief.
Affirmed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
4
.
, ; ..
SETTLEMENT AGREEMENT AND RELEASE
THIS Agreement is made this day of , 2005, and shall
be effective by and between Lara C. Vaughn, her heirs, successors and assigns of 300
Boggs Avenue, Pittsburg, Pennsylvania 15211 (hereinafter referred to as "Daughter"),
George A. Vaughn, III, his heirs, successors and assigns of3523 September Drive, Camp
Hill, Cumberland County, Pennsylvania 17011 (hereinafter referred to as "Father") and
Frances Tonolo Vaughn, her heirs, successors and assigns of
(hereinafter referred to as "Mother).
WI T N E SSE T H:
WHEREAS, Daughter is the eldest of two (2) children born to Father and Mother
during their marriage;
WHEREAS, claims have arisen from Daughter against Father and Mother
concerning alleged inappropriate application of certain assets from Daughter's UGMA
Account during Father and Mother's marriage;
WHEREAS, while Father and Mother specifically admit any liability related to the
Claims, the parties have agreed to a compromised settlement of the controversy;
NOW THEREFORE, the parties intending to be legally bound, do agree as
follows:
1
. "
. .' .
1) Incorporation of Preamble: The terms of the preamble are incorporated
herein as material terms of this Agreement.
2) Payment: Daughter has agreed to accept receipt of Father and Mother's
vehicle, a 1996 Saturn SL currently in her possession, and certain other good and
valuable considerations previously received as full and final settlement by Daughter of
the Claims.
3) Release: Daughter does hereby fully remise, release and forever discharge
Father and Mother, their heirs and assigns, from any and all demands, actions, causes of
action, liabilities, claims, suits, charges, deeds, liens, contracts, dues, accounts, bonds,
covenants, agreements, judgments, damages, costs and or expenses, which Daughter may
now have or which in the future may arise in law or equity, including but not limited to
attorneys' fees, which arise from the Claims.
4) Agreement Not To Disparage and For Confidentiality: This settlement
represents a disputed claim. As a further condition of this Agreement, Daughter agrees to
forever refrain from making any type of negative comment against Father and Mother,
their agents, successors and assigns. Further, Daughter agrees to keep this Agreement
confidential and not to disclose same to any third party without the express consent of
2
. .,
. I I ..
Father and Mother.
IN WITNESS WHEREOF, the parties intending to be legally bound, set their
hands and seals as above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Witness Lara C. Vaughn
Witness George A. Vaughn, III
Witness Frances Tonolo Vaughn
COMMONWEALTH OF PENNSYLVANIA )
) 55.
COUNTY OF )
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared Lara C. Vaughn, who being duly
affIrmed according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of her knowledge, information and belief.
AffIrmed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
3
. >
., .
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF )
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared George A. Vaughn, III, who being
duly affirmed according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of his knowledge, information and belief.
Mfirmed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
COMMONWEALTH OF PENNSYL VANIA
)
) SS.
)
COUNTY OF
Before me, the undersigned officer, a Notary Public in and for said
Commonwealth and County, personally appeared Frances Tonolo Vaughn, who being
duly affirmed according to law, deposes and says that the facts and matter set forth in the
within and foregoing Settlement Agreement and Release are true and correct to the best
of her knowledge, information and belief.
Mfirmed and subscribed to before me this
day of
,2005.
NOTARY PUBLIC
My commission expires:
(SEAL)
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Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
GEORGE A. VAUGHN, III,
Defendant
NO. 05-2508
STIPULATION FOR CONFIRMATION OF VENUE AND JURISDICTION
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
This Stipulation is entered by and between Frances T. Vaughn and George A. Vaughn,
III, for the purposes of confirming of record their mutual agreement and acknowledgement of the
jurisdiction and venue of the Court of Common Pleas of Cumberland County for their Divorce
proceeding. The need for this Stipulation arises so that the record is clear concerning these
issues. Past filings and pending motions necessitate the conclusive establishment of these
matters.
1. The parties hereby agree to finalize the prosecution of their Divorce action in
Cumberland County to Docket No. 05-2508. In light of her past challenge and a second
divorce filing in Luzerne County, Frances T. Vaughn hereby confirms jurisdiction and venue
in Cumberland County and hereby waives any pDtential challenge to the jurisdiction or venue
of the Court of Common Pleas of Cumberland County. This shall include any procedural
attack on the validity of the Divorce Decree which might arise out of her past filing of a
Praecipe to attempt to discontinue the Cumberland County action. Frances T. Vaughn does
hereby withdraw said Praecipe to ensure that same is determined to be a nullity in the
pending proceedings. Upon presentment of this Stipulation, the docket of Cumberland
'.
County shall mark the Praceipe to Withdraw the Action filed by Frances T. Vaughn on
October 28, 2005 as voided and the matter is deemed active.
2. Frances T. Vaughn and George A Vaughn, Ill, both confirm the appropriateness of
jurisdiction and venue in the Court of Common Pleas of Cumberland County to grant their
Divorce and also confirm that Court's authority to conclusively and exclusively deal with all
related claims incident to said Divorce proceedings.
3. Each party does hereby waive any and all defenses, claims or potential rights of action to
challenge in any way as ineffective a Divorce Decree granted by the Court of Common Pleas
of Cumberland County or the Court's incorporation of the Marital Settlement Agreement
entered therein by the parties, which Marital Settlement Agreement shall be incorporated into
said Divorce Decree entered by the Court of Cumberland County for the parties.
4. Frances T. Vaughn hereby agree to withdraw her second pending Divorce proceeding as
filed in Luzerne County to Docket No. 12842-C of2005.
IN WITNESS WHEREOF, the parties intending to be legally bound, set their hands and
seals as above written.
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Geo:;lA. Vaugiln, III
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Frances Tonolo Vaughn
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YOU ARE HEREBY NOTIFIED TO PLEAD TO
KEPNER, KEPNER & CORBA, P.C.
ATTORNEYS AT LAW
THE ENCLOSED
WITHIN
123 West Front Street
Berwick, Pennsylvania 18603
570.752.2766
FACSIMILE: 570.752.7894
WE HEREBY CERTIFY THAT THE WITHIN
IS A TRUE AND CORRECT COpy OF THE
ORIGINAL FILED IN THIS ACTION
TWENTY (20) DAYS OF SERVICE HEREOF
OR A DEFAULT JUDGMENT MAY BE
ENTERED AGAINST YOU.
BY,
BY:
ATTORNEY
ATTORNEY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
FRANCES T. VAUGHN,
Plaintiff,
No. 05-2508 CIVIL TERM
vs.
CIVIL ACTION - LAW
GEORGE A VAUGHN, III
Defendant.
DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the Divorce Code
was filed May 16,2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed since the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce.
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.A.
4904, relating to unsworn falsification to authorities.
-/ /,( . . (J
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F CES T. VAUGHN
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Barbara Sumple-SulJivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberlaud, P A 17070
(717) 774-1445
FRANCES T. V AUGI-IN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 05-2508
GEORGE A. VAUGHN, Ill,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
May 16, 2005.
2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days
have elapsed since the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
5. I verity that the statements made in this affidavit are true and correct. I understand
that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to
unsworn falsification to authorities.
DATE:
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GEO GE A. VAUGHN, III
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YOU ARE HEREBY NOTIFIED TO PLEAD TO
KEPNER, KEPNER & CORBA, P.C.
ATTORNEYS AT LAW
THE ENCLOSED
WITHIN
123 West Front Street
Berwick, pennsylvania 18603
570.752.2766
FACSIMILE: 570.752.7894
WE HEREBY CERTIFY THAT THE WITHIN
IS A TRUE AND CORRECT COPY OF THE
ORIGINAL FILED IN THIS ACTION
TWENTY (20) DAYS OF SERVICE HEREOF
OR A DEFAULT JUDGMENT MAY BE
ENTERED AGAINST YOU.
BY:
BY:
ATTORNEY
ATTORNEY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FRANCES T. VAUGHN,
Plaintiff,
No. 05-2508 CIVIL TERM
vs.
CIVIL ACTION - LAW
GEORGE A VAUGHN, III
Defendant.
DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
~ 3301(0 OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
11. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! do not claim them before a divorce is granted.
iii. I understand that I will not be divorced until a divorce decree is entered
by the Court and that a copy of the decree will be sent to me immediately after it is filed with
the Prothonotary.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S
4904 relating to unsworn falsification to authorities.
DATE: /-{;,-00
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Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717)774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-2508
GEORGE A VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
33301(c) OF THE DIVORCE CODE
I. I consent to the entry of a fmal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary
I verify that the statements made in this affidavit are true and correct. I understand that
false statement herein are made subject to the penalties of 18 Pa.CS. 34904 relating to unsworn
falsification to authorities.
DATE:
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Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
GEORGE A VAUGHN, III,
Defendant
NO. 05-2508
DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
I. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce
Code.
2. Date and manner of service of the complaint: Acceptance of Service on June 7,
2005.
3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce
Code: by Plaintiff January 6, 2006; by Defendant January 6, 2006.
4. Related claims pending: All matters have been resolved between the parties
pursuant to the Marital Settlement Agreement dated January 6, 2006 and incorporated,
but not merged, into the Decree. See paragraph 5, page 4 of the Agreement.
Dated: January 9, 2006
as filed with Prothonotary:
e w s filed with
5. Date Plaintiffs Waiver of Notice in 3301(c) Divorc
January 9, 2006. Date Defendant's Waiver of Notice in 3301(c)D'
Prothonotary: January 9, 2006.
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Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court ID #32317
Attorney for Defendant
.~
Barbara Sumple-SulIivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true
and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter
upon the following individual by first class mail, postage prepaid, addressed as follows:
Alice T. Corba, Esquire
Kepner, Kepner & Corba, P.c.
123 West Front Street
Berwick, P A 18603
Dated: January 9, 2006
Barbara Sumple-Sullivan
549 Bridge Street
New Cumberland, P A 17070-1931
(717) 774-1445
Supreme Court ill #32317
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS :
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OF CUMBERLAND COUNTY .
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PENNA.
STATE OF
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FRANCES T. VAUGHN,
Plaintiff No. 2005 - 2508
VERSUS
GEORGE A. VAUGHN, III,
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Defendant
DECREE IN
DIVORCE
AND ND0(AAUJt -;?)r
DECREED THAT FRANCES T. VAUGHN
, PLAINTIFF,
, 2006
, IT IS ORDERED AND
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GEORGE A. VAUGHN, III
, DEFENDANT,
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF REC<ilR~N,.:r;.HIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; \.IV",<-
All matters have been resolved between the parties pursuant to the Marital
Settlement Agreement dated January 6, 2006 and incorporated, but not merged,
into the Decree.
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ATTEST: '"'-,
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Barbara Sump Ie-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, P A 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
NO. 05-2508
GEORGE A. VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PETITION RAISING MARITAL
CLAIMS UNDER THE DIVORCE CODE OF 1980
AND NOW, this 26"' day of July, 2005, comes Defendant, George A. Vaughn, III
(hereinafter referred to as "PETITIONER"), by and through his attorney, Barbara Sumple-Sullivan,
Esquire and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support
thereof states as follows:
1. A Complaint in Divorce was filed on May 16, 2005.
2. Petitioner is the Defendant in the above action.
3. Defendant lacks sufficient assets to provide for his reasonable needs and is unable to support
himself fully through appropriate employment.
4. PetitioneT requests the Court to enter an order granting support, alimony pendente lite and
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alimony to your Petitioner as the Court deems reasonable pursuant to Sections 3701 and 3702
of the Divorce Code of 1980, together with any amendments thereto.
5. Defendant requests an award to him of counsel fees and costs.
WHEREFORE, Petitioner requests your Honorable Court to enter an award of alimony and
enter an award of alimony pendente lite, spousal support, until final hearing, and thereupon enter an
award of alimony.
DATE: July 26, 2005
Bar ara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court J.D. 32317
Attorney for Defendant
2
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
FRANCES T. VAUGHN,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-2508
GEORGE A. VAUGHN, III,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
VERIFICATION
I, George A. Vaughn, III, hereby certify that the facts set forth in the foregoing PETITION
RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and
belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A.
34904 relating to unsworn falsification to authorities.
DATED:
()7 I&..~ !.tJS
~~~-
GEOR E A. VA: HN, III