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HomeMy WebLinkAbout05-3409HAROLD E. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 94 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.9090 ATTORNEY FOR PLAINTIFF CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005 - 3YZ CIVIL TERM IN DIVORCE 1 NOTICE 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 in 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 CONNIE L. WEEKLEY, . IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2005 -,jjeCIVIL TERM DOYLE NEIL WEEKLEY, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE Count I - Divorce NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is CONNIE L. WEEKLEY, an adult individual whose permanent residence is 3022 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The defendant is DOYLE NEIL WEEKLEY, an adult individual whose present residence is 693 Green Hills Road, Ravenswood, West Virginia 26164. 3. The parties' primary residency has been in the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on January 10, 1987 in Virginia. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Count 11 - Custody 7. The averments of plaintiff's complaint, paragraphs one through six above are incorporated herein by reference as if fully set forth herein at length. 8. The parties are the natural parents of an adult child, Tina Nicole Weekley (born June 2, 1987, age 18) and one minor child, Danielle Marie Weekley (October 25, 1988, age 16). 9. The children have resided with both parties from the time of their birth through the present. 10. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. Plaintiff believes and therefore avers that the best interests and permanent welfare of the minor child requires that the parties have joint legal custody of the minor child, that plaintiff have primary physical custody of the minor child and that defendant have specified periods of temporary custody and visitation with the minor child in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the minor child as aforesaid. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. July 5, 2005 HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 CONNIE L. WEEKLEY, Plaintiff CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 - CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, 1 do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. July 5, 2005 Z.? CONNIE L. WEEKLEY, Plaintiff ? rn D _ZN r.,. i r v?. v - r?? CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005 - 3409 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on July 11, 2005, by certified mail addressed to him at 693 Green Hills Road, Ravenswood, WV 26164, certified mail No. 7004 1350 0003 7148 4045. 3. A copy of the sender's and return receipts are attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. r A July 13, 2005 Harold S. Irwin, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 S U . Post al Service . . CE RTIF IED MAIL , RECE IPT (Do mestic m ail on`,Yjo - :u,ance cov erage Provide d) .. ... ... ......e dto at w ww.u sosxom S r Poetege a M Cattleed Fee . ? U postmark ° Redept Fee Here ° ( MRequlred) • O Reed D??hrery Fee to ffi* isfmWlad) - M ra Totw Postage& Fees ? *\y? r('?r ,', ?^ zi- ° ...I"_.-. ? .--..LYLl?-..SN - ------- M -- wo 2to EXHIBIT "A" .1 o ,? ?' ? ?,. :- ? ??? `?:. T" s?U ,n .z W ?'.?y', .f) ? -? ,.?rf r? ? ? r?, rr " ter, =r ? , C; ? W ' CONNIE L. WEEKLEY, IN THE COURT OF COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3409 CIVIL TERM DOYLE NEIL WEEKLEY, CIVIL ACTION-LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on March 27, 2006, I, Tina M. Ascani, of O'Brien, Baric and Scherer, did serve a copy of the Praecipe For Withdrawal Of Counsel and Appearance Of Counsel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Harold S. Irwin, III, Esquire Irwin Law Office 64 South Hanover Street Carlisle, Pennsylvania 17013 CONNIE L. WEEKLEY, Plaintiff V. IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM DOYLE NEIL WEEKLEY, Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF COUNSEL AND APPEARANCE OF COUNSEL TO THE REGISTER OF WILLS: Please note my withdrawal as counsel for the Plaintiff in the above-captioned matter. A Dated: March X, 2006 Dated BY: Irwin Law Office 64 South Hanover Stree Carlisle, Pennsylvania 17013 (717) 243-6090 Kindly enter our appearance on behalf the Plaintiff in the above-captioned matter. March 2006 BY: ?` 2?0 Michael A. Scherer, Esquire O'Brien, Baric & Scherer Pa I. D.: 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 f l ?..o . ?.? :-:i ?o C.. __ ? ?<: CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MOTION TO COMPEL NOW, comes Plaintiff, Connie L. Weekley, by and through her attorney, Michael A. Scherer, Esquire, and files within Motion to Compel and, in support thereof, sets forth the following: 1. On or about May 4, 2006, Plaintiff served a Request For Production Of Documents upon counsel for Defendant. A true and correct copy of the Request For Production Of Documents is attached hereto as Exhibit "A" and is incorporated. 2. By correspondence dated June 28, 2006, counsel for Plaintiff reminded counsel for Defendant that responses were past due. A true and correct copy of this correspondence is attached as Exhibit "B." 3. To date, Plaintiff has received no response to the Request for Production of Documents. WHEREFORE, Plaintiff requests that Defendant be ordered and directed to produce the documents requested by Plaintiff within thirty (30) days of said order. Respectfully submitted, O'BRIEN, BARIC & SCHERER ftmzn 4??' Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Connie L. Weekley mas.dir/domestic/weekley/compel.mot CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Pa.R.C.P. No. 4009, as amended, the Plaintiff, Connie L. Weekley and her attorney, Michael A. Scherer, requests you to produce copies of the following documents, at its expense within thirty (30) days of service of this request. INSTRUCTIONS If you object to the production of any document on the grounds that the attorney- client, attorney work-product or any other privilege is applicable thereto, you shall with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof, and EXHIBIT "A" (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody or control. DOCUMENTS REQUESTED 1. Doyle Weekley's 2005 W-2. 2. Doyle Weekley's most recent leave and earnings statement. 3. Doyle Weekley's 2005 Federal Income Tax Return. 4. All records reflecting any and all travel pay received by Doyle Weekley in 2005. 5. All records reflecting any dislocation pay received by Doyle Weekley in 2005. 6. Any and all documents signed by Doyle Weekley to initiate the process of his retirement from military service. 7. Doyle Weekley's most recent Thrift Savings Plan account statement. 8. Copies of the most recent account statements for any IRA or mutual fund in your name. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mic aeI A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/weekley/document.req •r CERTIFICATE OF SERVICE I hereby certify that on May f, 2006, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Request For Production Of Documents, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Paul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer June 28, 2006 Paul Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 RE: Weekley V. Weeklev Dear Paul: (717) 249-6873 Fax: (717) 249-57SS Email: msch?bslaw cvm On or about May 4, 2006 1 served upon you Plaintiffs Request For Production Of Documents in the above-captioned matter. To date, I have received no response. Absent receipt of the responses by Friday, July 7, 2006, 1 will file a motion to compel responses to the discovery requests. Very truly yours, O'BRIEN, BARIC & SCHERER Michael A. Scherer I MASf?E? cc: mas.dir/domestic/weekley/orr8.ltr EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on July Al 2006, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Motion To Compel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Paul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 Je WeJ S. i dsay ??:) ?^ -a '=?^i ?__l -r7 _ ?f ..., ?.{, T ---- ..- ..? t~- ., .. _ ~ ?" } CONNIE L. WEEKLEY Plaintiff Vs. DOYLE NEIL WEEKLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2005-3409 CIVIL TERM Defendant MOTION FOR APPOINTMENT OF MASTER _ Connie L. Week 1 e v (Plaintiff) #kfndXW* moves the court to appoint a master with respect to the following claims: (J) Divorce Distribution of Property () Annulment ( ) Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) ? Ppeared in the action R*Hy?t (by his attorney, Paul B. Orr Esquire). (3) The Staturory ground (s) for divorce (is) *C* irretrievable breakdown (4) Delete the inapplicable paragraph(s): XKXJ saaticmxscam - , A - K b. An agreement has been reached with respect to the following claims: none c. The action is contested with respect to the following claims: equitable distribution (5) The action (jmwk.%* (does not involve) complex issues of law or fact (days). (6) The hearing is expected to take (7) Additional information, if any, relevant to the motion: Date: I'T 2-7 • 06 Attorney or (Plaintiff) Print Attorney Name ......... Michael A. Scherer, Esquire ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: J. c ? ?.? ?u ? ! ?? ? ?-1 _.- ? i ?.,__. ?. - ?..? _ '. ?.,, .._. . , __ 5 JUL 2 8 2006?r CONNIE L. WEEKLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3409 CIVIL TERM DOYLE NEIL WEEKLEY, CIVIL ACTION-LAW Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ! s? day of A UT, sy 2006, upon consideration of the Motion To Compel, a rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable 'LO days from service. BY THE COURT, J. 4 ichael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Paul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 i / I' 1 r ?, -.. ? ? ? ,,.; ??'._. ? ?: ? ?a? ? d ?? „?,?. ,:Ll?. _ . JUL 2 S 20Q,?,? CONNIE L. WEEKLEY Plaintiff Vs. DOYLE NEIL WEEKLEY (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) iawmc#ppeared in the action *P=FAIW (by his attorney, Paul B. Orr Esquire). () Annulment ( ) Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . Docket No. 2005-3409 CIVIL TERM Defendant MOTION FOR APPOINTMENT OF MASTER Connie L. Weekley (Plaintiff) (Defen>dwk* moves the court to appoint a master with respect to the following claims: (3) Divorce ( Distribution of Property (3) The Statutory ground (s) for divorce (is) *r* irretrievable breakdown (4) Delete the inapplicable paragraph(s): xxxjMKXati®ris eedr b. An agreement has been reached with respect to the following claims: none c. The action is contested with respect to the following claims: (5) The action (jof yAkxm) (does not involve) complex issues of law or fact (6) The hearing is expected to take 1 (days). (7) Additional information, if any, relevant to the motion: Date: ??- 1-7- OG Attorney for (Plaintiff) (MaTaNd nt) Print Attorney Name ......... Michael A. Scherer, Esquire AND NOW, 20 - , - ----- Esquire is appointed master wi respect to the following claims: r.a G, c:., -il ?? ?, ' ?? '^' _.. ? ?? { I r.,, 2w .? ,Ir j'? /? CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Plaintiff, Connie L. Weekley, by and through her attorney, Michael A. Scherer, Esquire, and files the within Motion to Make Rule Absolute and, in support thereof, sets forth the following: 1. On July 27, 2006, Plaintiff filed a Motion to Compel in this matter, a true and correct copy of said Motion is attached hereto as Exhibit "A" and is incorporated. 2. On August 1, 2006, the Honorable M.L. Ebert, Jr. issued an Rule directing Defendant to show cause why the relief requested should not be granted within twenty (20) days of service. A true and correct copy of the Rule is attached hereto as Exhibit "B" and is incorporated. 3. To date, no responses to the discovery have been received by counsel for Plaintiff. WHEREFORE, Plaintiff requests that the rule be made absolute and that the Defendants be ordered to produce complete responses to the Request For Production Of Documents within fifteen (15) days of the date of this Order. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ______ day of , 2006, upon consideration of the Motion To Compel, a rule is issued upon Defendant to show cause, if any there be why the relief requested in the Motion should not be granted. Rule returnable days from service. BY THE COURT, Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Paul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 J. EXHIBIT "A" CONNIE L. WEEKLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLV4N1 71 V. NO. 2005-3409 CIVIL TERM DOYLE NEIL WEEKLEY, CIVIL ACTION-LAW Defendant IN DIVORCE MOTION TO COMPEL ` NOW, comes Plaintiff, Connie L. Weekley, by and through her attorney, Michael A. Scherer, Esquire, and files within Motion to Compel and, in support thereof, sets forth the following: 1. On or about May 4, 2006, Plaintiff served a Request For Production Of Documents upon counsel for Defendant. A true and correct copy of the Request For Production Of Documents is attached hereto as Exhibit "A" and is incorporated. 2. By correspondence dated June 28, 2006, counsel for Plaintiff reminded counsel for Defendant that responses were past due. A true and correct copy of this correspondence is attached as Exhibit "B." 3. To date, Plaintiff has received no response to the Request for Production of Documents. WHEREFORE, Plaintiff requests that Defendant be ordered and directed to produce the documents requested by Plaintiff within thirty (30) days of said order. Respectfully submitted, O'BRIEN, BARIC & SCHERER --! Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Connie L. Weekley mas.dir/domestictweekiey/compel.mot CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Pa.R.C.P. No. 4009, as amended, the Plaintiff, Connie L. Weekley and her attorney, Michael A. Scherer, requests you to produce copies of the following documents, at its expense within thirty (30) days of service of this request. INSTRUCTIONS If you object to the production of any document on the grounds that the attorney- client, attorney work-product or any other privilege is applicable thereto, you shall with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof, and EXHIBIT "A" N Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody or control. DOCUMENTS REQUESTED 1. Doyle Weekley's 2005 W-2. 2. Doyle Weekley's most recent leave and earnings statement. 3. Doyle Weekley's 2005 Federal Income Tax Return. 4. All records reflecting any and all travel pay received by Doyle Weekley in 2005. 5. All records reflecting any dislocation pay received by Doyle Weekley in 2005. 6. Any and all documents signed by Doyle Weekley to initiate the process of his retirement from military service. 7. Doyle Weekley's most recent Thrift Savings Plan account statement. 8. Copies of the most recent account statements for any IRA or mutual fund in your name. ResPectfully submitted, O`BRIEN, BARIC & SCHERER Mi Oaell'A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesUetweektey/document.req CERTIFIrAM OF SERVICE I hereby certify that on May -t-. 2006, 1, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Request For Production Of Documents, by first class U.S. mail, postage prepaid, to the party listed below, as follows: ' Paul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 Law Orces O' , AWC R SCMERER 19 weft South Street C4r11s14 Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer June 28, 2006 Paul Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 RE: 1/_y v Weeklev Dear Paul: (717) 2494873 Fax: (717) 249-5753 Email: ms leer ffA*W --_ On or about May 4, 20061 served upon you Plaintiffs Request For Production Of Documents in the above-captioned matter. To date, I have received no response. Absent receipt of the responses by Friday, July 7, 2006, 1 will file a motion to compel responses to the discovery requests. Very truly yours, O'BRIEN, BARIC & SCHERER 0 Michael A. Scherer MASlI cc: File mas.dir/domestic/weekley/orr8.itr EXHIBIT "B" CERTIFICATE OF SERVICE (! I hereby certify that on July al ? , 2006, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Motion To Compel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Paul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 A" Je a S. i dsay U JUL 2 8 zoo CONNIE L. WEEKLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3409 CIVIL TERM DOYLE NEIL WEEKLEY, CIVIL ACTION-LAW Defendant IN DIVORCE RULE T HOW CAUSE AND NOW, this day of A 01_ , 2006, upon consideration of the Motion To Compel, a rule is issued upon efendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable Z) days from service. BY THE COURT, e'n_ 4. P). -, gi I --/ / /I J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 Paul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 TIDE COP'S' FROM RECORD In Testimony whereof, t ere nto set my hand and tW seat of said Cooarlisle, Pa. ^ A N EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on August 93 , 2006, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Motion To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Paul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 J f r indsay r-O a, ID " N cr- ,G 0 i?? v vE I ,4UG 9 4 2066 I • M1 CONNIE L. WEEKLEY, IN THE COURT OF COMMON PCEA `U? Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3409 CIVIL TERM DOYLE NEIL WEEKLEY, CIVIL ACTION-LAW Defendant IN DIVORCE ORDER OF COURT L AND NOW, this ?.9t?? day of A VGOt C 2006, upon review of the attached Motion To Make Rule Absolute, it is hereby ordered and decreed that Rule previously issued relative to this matter is absolute. Defendant is hereby ordered to produce complete responses to the Request For Production Of Documents within fifteen (15) days of the date of this Order. BY THE COURT, J. " 60 49 a? P??op CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PETITION FOR RULE TO SHOW CAUSE AND NOW, comes Connie L. Weekley, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Plaintiff is Connie L. Weekley, an adult individual who currently resides at 3022 Harvard Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011-5236, and is represented by Michael A. Scherer, Esquire. 2. Defendant is Doyle N. Weekley, an adult individual who is represented by Paul B. Orr, Esquire, 50 East High Street, Carlisle, Pennsylvania, 17013. 3. Wife has accrued retirement benefits with the federal government in the nature of a thrift savings plan which account was valued at approximately $4,800.00 at the time of separation. 4. Presently, the account is worth approximately $13,000.00. 5. Wife would like to make a withdrawal from the account in the amount of $3,500.00, but Husband's permission is necessary to do so. 6. Wife is in need of the $3,500.00 in order to pay various bills, including the extraction of wisdom teeth for the parties' daughter, Danielle, and plumbing repairs to the marital residence and expenses to sustain herself during this litigation. 7. On April 4, 2007, undersigned counsel wrote to Attorney Orr asking him whether his client would consent to a withdrawal. 8. Undersigned counsel has received a telephone call or two from Attorney Orr; however, no formal reply has been given to undersigned counsel's April 4, 2007 letter. 9. Your Honorable M. L. Ebert, Jr., Judge was previously involved in this case when he issued a rule to show cause on August 1, 2006 relative to Husband's failure to timely reply to discovery requests. WHEREFORE, Wife respectfully requests this Honorable Court issue a rule to show cause why Wife should not be permitted to withdraw $3,500.00 from her thrift savings account which sums shall be credited towards Wife with respect to her share of the division of the marital assets. Respectfully submitted, O'BRI?N, BARIC & SCHERER Michael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW VERIFICATION I verify that the statements made in this Petition for Rule to Show Cause are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: April f , 2007 VX; - v" Connie L. Weekley <???- CONNIE L. WEEKLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3409 CIVIL TERM DOYLE NEIL WEEKLEY, CIVIL ACTION-LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on the 27th day of April, 2007, I, Tina M. Ascani, of O'Brien, Baric & Scherer, did serve a copy of the Petition For Rule to Show Cause, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Paul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 )v. rc44t?L- ina M. Ascani, Secretary ti CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Amended Divorce Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE SECOND AMENDED DIVORCE COMPLAINT 1. Plaintiff, Connie L. Weekley, is an adult individual and is represented in this matter by Michael A. Scherer, Esquire. 2. Defendant, Doyle Neill Weekley, is an adult individual and is represented in this matter by Paul B. Orr, Esquire. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Defendant is currently enlisted in the United States Army. 5. The Plaintiff and Defendant were married on January 10, 1987 in Virginia. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III -ALIMONY 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above. 13. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 14. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 15. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. COUNT IV - ALIMONY PENDENTE LITE 16. Plaintiff hereby incorporates by reference paragraphs 1 through 15 above. 17. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 18. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. COUNT V - COUNSEL FEES COSTS AND EXPENSES 19. Plaintiff hereby incorporates by reference all of the averments in paragraphs 1 through 18 of this Complaint. 20. Plaintiff has employed counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 21. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests your Honorable Court to enter an award such additional counsel fees, costs and expenses as are deemed appropriate and enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER -JY6- ? G Micha I A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff mas.dir/domestic/weekley/amendeddivorce2.pld CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in this Second Amended Divorce Complaint 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. . Date: April 2007 C ?i I Connie L. Weekley ra Q ,: - Tjr;l t , 4' t ra ca i APR 3 0 2007 $if CONNIE L. WEEKLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3409 CIVIL TERM DOYLE NEIL WEEKLEY, CIVIL ACTION-LAW Defendant ORDER OF COURT r ? S?. AND NOW, this I day of_, 2007 upon consideration of the within Petition For Rule to Show Cause, Doyle N. Weekley shall show cause, if any there be, why the relief requested in the petition should not be granted. Said Rule returnable within '0 days after service hereof. BY THE COURT, ichael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Ca lisle, Pennsylvania 17013 Paul B. Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 J 2 1 :11 IU-i 1- AN cooz t CONNIE L. WEEKLEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3409 CIVIL DOYLE NEIL WEEKLEY, IN DIVORCE Defendant To: Paul Bradford Orr, Attorney for Defendant Michael A. Scherer, Attorney for Plaintiff DATE: Friday, June 8, 2007 CERTIFICATION ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Counsel for Defendant has not yet received any values of Plaintiffs Thrift Savings Plan, IRA, or Civil Service Retirement. Counsel for Defendant has not yet received any of the Plaintiffs appraisals for Real Estate or for Personality. Counsel for Defendant has not received any debt for Plaintiff, Joint and Separate. 4 Provide approximate date when discovery will be complete and action is being taken to complete covV* (b) Date ? ?? Paul Bradford Orr, Esquire Counsel for Defendant NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. 5 c rzi F= _ Co r-? =' tir - CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE MOTION TO WITHDRAW NOW, comes Michael A. Scherer, Esquire, attorney for the Plaintiff in the above matter and sets forth the following in support of this motion to withdraw as counsel: 1. Plaintiff has informed undersigned counsel in writing that she no longer requires the assistance of undersigned counsel in this matter. 2. The Honorable J. Wesley Oler, Jr. has previously ruled on this matter. 4. Defendant is represented by Paul Orr, Esquire. Attorney Orr was contacted and he does not concur with undersigned counsel's request to withdrawal. WHEREFORE, counsel for Plaintiff respectfully requests that he be permitted to withdrawal as counsel of record for Plaintiff. Respectfully submitted, O'BRIEN, BARIC & SCHERER c ael A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/domestic/weekley/withdraw.mot CERTIFICATE OF SERVICE I hereby certify that on ? , 2007, I, Andrea M. Barrick, secretary at O'Brien, Baric & Scherer, did serve a copy of the Motion To Withdraw, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Connie L. Weekley 3022 Harvard Avenue Camp Hill, Pennsylvania 17011 Paul Orr, Esquire 50 East High Street Carlisle, Pennsylvania 17013 ( ,,)It It .6A4?k Ail 1. IV Andrea M. arrick ft C `*3 , - it a u DEC 12 2007 0 CONNIE L. WEEKLEY, Plaintiff V. DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ORDER OF COURT AND NOW, this -- day of _'20071 u Pon consideration of -? tssve-d on ( -ff' PA tes the within Motion To Withdraw, a rule is hereby eptersd, to show cause, if any there be, A why Michael A. Scherer, Esquire should not be permitted to withdraw as counsel for the Plaintiff, Connie L. Weekley. Said rule returnable within Z 1 days. ? c ct - C. BY THE COURT, Z £ :01 NV 81 330 LODZ AbVIQN s# Wd 3Hi dO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CONNIE L. WEEKLEY, Plaintiff VS. No. 2005-3409 CIVIL DOYLE NEIL WEEKLEY, IN DIVORCE Defendant PRAECIPE WITHDRAWAL OF APPEARANCE Please withdraw the appearance of Michael A. Scherer, Esquire, as counsel for Plaintiff, Connie L. Weekley, in the above-captioned action. Mi ael A. Scherer, Esquire ENTRY OF APPEARANCE Please enter the appearance of Kluxen & Newcomer and Melvin E. Newcomer, Esquire, on behalf of Plaintiff, Connie L. Weekley, in the above-captioned action. Please serve all papers to 339 North Duke Street, P. O. Box 539, Lancaster, Pennsylvania 17608-0539. KLUXEN Date: December 2007 By: I&AIMW ew er, quire Melt/ Attorney 7605 7 ! 339 North Duke Street P.O. Box 539 Lancaster, PA 17608-0539 (717) 393-7885 (717) 393-0382 (Fax) melvinn@epix.net (E-mail) -' ro ) CONNIE L. WEEKLEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-3409 CIVIL DOYLE NEIL WEEKLEY, IN DIVORCE Defendant ORDER OF COURT AND NOW, this „day of January, 2008, upon review of the Marital Property Settlement Agreement reached before the Cumberland County Divorce Master on January 3, 2008, it is hereby ORDERED that the Defense Finance and Accounting Service Enforced the Military Retirement Account Distribution as outlined in paragraph 1. (a) as follows: 1. The Plaintiff, Connie L. Weekley, shall receive 45% of the taxable income from SFC Class Doyle N. Weekley, USA Retired, Retirement pay, less any SBP costs. 2. It is further ORDERED that her monthly amount will be adjusted, annually as determined by the C.O.L.A. 3. Lastly, it is hereby ORDERED that each party shall be responsible for their own income taxes on their-wonthlWenefit received. BY Paul Bradford Orr, Esquire Attorney for Defendant Melvin E. Newcomer, Esquire Attorney for Plaintiff Edgar B. Bayley, mod- (26P t" /72c'-1t ? ? ? ,.?. f-?, ? ?. ?.k„, -5? ,'s,l ij- } W ? a ?-' {, CONNIE L. WEEKLEY, Plaintiff VS. . DOYLE NEIL WEEKLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3409 CIVIL IN DIVORCE ORDER OF COURT , AND NOW, this day of Ua-tc-? 2008, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on January 3, 2008, the date set for a Master's hearing, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: 'Melvin E. Newcomer Attorney for Plaintiff -Paul B. Orr Attorney for Defendant BY T COURT, Edgar B. Bayley, P.J. P IA414 ? ?T`11 ='=y= 1 _?. a t_.1 i.:? ?? - i'i'1 «.. -^'" ? =! .. ?.:? W ?' CONNIE L. WEEKLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3409 CIVIL DOYLE'NEIL WEEKLEY, Defendant IN DIVORCE THE MASTER: Today is Thursday, January 3, 2008. This is the date set for a hearing in the above-captioned divorce proceedings. Present are the Plaintiff, Connie L. Weekley, and her counsel Melvin E. Newcomer, and the Defendant, Doyle Neil Weekley, and his counsel Paul B. Orr. This action was commenced by the filing of a complaint in divorce on July 6, 2005. The complaint raised grounds of irretrievable breakdown of the marriage and counsel are going to provide the Master today with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by the parties so that the divorce can proceed under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. An amended complaint was filed (inappropriately titled second amended complaint) on April 26, 2007. The amended complaint raised economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. 1 The parties were married on January 10, 1987, and separated March of 2005. The parties are the natural parents of two children who are over the age of 18 years. Both children are in college but for purposes of these proceedings are considered emancipated. After negotiations today between counsel and the parties, the Master has been advised that an agreement has been reached with respect to the outstanding economic claims. The agreement is going to be placed on the record in the presence of counsel and the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Upon the transcription of the agreement, the parties and counsel can review the document for typographical errors and make any correction of typographical errors that are necessary. However, they are bound by the terms of the agreement when they leave the hearing room today with respect to the substantive issues raised and addressed in the agreement. The parties and counsel are going to return later today to review the draft of the agreement, make any typographical corrections as necessary, and then affix their signatures affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed 2 agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Orr. MR. ORR: 1. The US military retirement account currently being paid to Sergeant First-Class Doyle N. Weekley, United States Army retired, shall be divided as follows: a) Wife shall receive 45% of the taxable income from that retirement account. For purposes of this agreement, the taxable income referred to in this paragraph shall include the gross pay less SBP costs, which as of January 2, 2008, are $1,754.00 and $114.05 respectively. The $114.05 will be included in the deduction from the gross payment before the disbursement to wife of her 45%. The parties agree that the annual amounts will be adjusted by all cost of living adjustments. The only deduction before the disbursement by the military will be the $114.05. Each party will be responsible for their own taxes on their benefit. The parties agree that the survivor benefit on the military retirement plan shall be maintained for the benefit of Connie L. Weekley unless she predeceases Mr. Weekley. 2. The parties agree to list the marital property located at 3022 Harvard Avenue, Camp Hill, Pennsylvania 17011 with Gaughen Realty. The listing price shall be $132,900.00 and both parties agree to be reasonable in accepting any offers on that property. The parties agree that, in the event the real estate is not under agreement of sale within 45 days of the date of listing, the parties will, upon recommendation of the realtor, agree to a reduction of 5% of the listing price, with the listing agreement with Gaughen realtors to extend for a period of 90 days and subject to renewal upon mutual agreement of the parties. 3. The parties agree that a variety of marital debt has accrued over the course of their marriage. Further, the parties agree that the following debts shall be paid from the net proceeds of the sale of their marital home as follows: a) Any household repairs made by wife dating from July 19, 2005, through August 18, 2007, not to exceed 3 $4,238.00. Additionally, wife has bills for expenses dating from March 6, 2006, through June 30, 2007, in the amount, not to exceed $699.33. The parties agree that if wife provides proof of payments to creditors and/or maintenance men and/or repair services, said amount shall be reimbursed to her on the HUD 1 closing statement at the time of the sale of the marital home referred to above, including any bills incurred after the dates identified. 4. Both parties agree that any outstanding IRS tax bill from the tax year 2004 shall also be paid from the proceeds of the sale of the marital home listed above. Currently, the outstanding amount is approximately $1,200.00. However, wife shall be reimbursed for any payments made on that amount subject to providing substantiating documentation. Both parties agree to cooperate in the filing of an amended 2004 federal tax return in hopes of receiving tax credits not known at the time of the original filing. Time is of the essence as their right to file an amended return expires on April 15, 2008. The parties will not be obligated to file the amended return in the event that after preparation of the amended return it is determined that no tax benefit would accrue to the parties. 5. During the course of their marriage, the parties agree that Ms. Weekley accrued student loan amounts that are considered marital debt. As of the date of separation, the outstanding balances on two student loans are as follows: a) Loan No. 1 - $2,768.32; b) Loan No. 2 - $1,757.69. Both parties agree that that amount shall also be deducted from the HUD 1 net proceeds and paid directly to the American Education Services, subject to any reimbursement to Ms. Weekley for payments made subsequent to the date of separation up to and including the present date. 6. Each party waives any claims for alimony or counsel fees that may have been raised in the proceedings against the other party. 7. With respect to the tangible personal property of the parties, the parties agree that each party shall retain that personal property which is currently in that parties' possession, with the exception of a diamond engagement ring and wedding band set which is currently in the possession of husband. Mr. Weekley agrees he shall return that diamond engagement ring and wedding band to Ms. Weekley, if he is 4 able to locate them and he will make an effort to locate them. The parties acknowledge that the diamond engagement ring and wedding band was Ms. Weekley's grandmother's ring and is nonmarital property. 8. The parties will contact the mortgage company to determine whether the mortgage company will defer any foreclosure action pending sale of the property. Defendant's counsel has agreed to be responsible for contacting Branch Banking and Trust Company, the mortgagee. In the event that the mortgagee is unwilling to refrain from undertaking any foreclosure action, the parties agree to be equally responsible for bringing the payments current, said payments having been unpaid from November 1, 2007, forward, and further agree to equally pay any amount necessary to prevent the foreclosure, pending the sale of the real estate. 9. The parties agree that they will cooperate in promptly signing any documents necessary to effectuate the provisions of this agreement. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. NEWCOMER: Ms. Weekley, would you state your full name for the record, please. MS. WEEKLEY: Connie Weekley. MR. NEWCOMER: And you are the Plaintiff in this divorce matter; is that correct? MS. WEEKLEY: Yes. 5 MR. NEWCOMER: And you were present in the hearing room this morning when Mr. Orr and myself stated on the record a property settlement agreement to resolve the outstanding equitable distribution in this divorce matter; is that correct? MS. WEEKLEY: Yes. MR. NEWCOMER: And Mr. Elicker, the Divorce Master, was also present and participated in that discussion? MS. WEEKLEY: Yes. MR. NEWCOMER: Did you have an opportunity to hear everything that was said concerning that discussion? MS. WEEKLEY: Yes. MR. NEWCOMER: And the settlement agreement, which is set forth, is an agreement with which you are in agreement; is that correct? MS. WEEKLEY: I have a couple of questions and concerns. THE MASTER: Off the record. (An off the record discussion was held along with a short recess.) THE MASTER: We had a short recess for the Plaintiff and her counsel to discuss a question and we are going to resume the colloquy after the addition of two paragraphs in the agreement. 6 MR. NEWCOMER: Ms. Weekley, having heard the terms of the settlement agreement as originally presented and then the several additions that were made following an off the record conference, are you satisfied and understand the agreement as it has been presented? MS. WEEKLEY: Am I satisfied and understand the agreement? MR. NEWCOMER: Let me strike that question and ask a different one. Do you understand the agreement as it has been presented? MS. WEEKLEY: Yes, I understand it. MR. NEWCOMER: Are you in agreement with the terms of the agreement as stated? MS. WEEKLEY: Yes. THE MASTER: Mr. Orr. MR. ORR: Mr. Weekley, can you state your full name for the record. MR. WEEKLEY: Doyle Neil Weekley. MR. ORR: And have you been present all morning since we have been discussing the marital property and the equitable distribution settlement? MR. WEEKLEY: Yes, I have. MR. ORR: Have you understood all of the provisions that have been discussed and previously put on the record in the form of an agreement? 7 . MR. WEEKLEY: I do. MR. ORR: Are you satisfied and agree that all of those terms were made of your own free will? MR. WEEKLEY: Yes. MR. ORR: Do you have any questions or any disputes whatsoever as to any of the terms and conditions of the agreement as put forth this morning? MR. WEEKLEY: No. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. DATE: mer aintiff Paul B. Urr " Attorney for Defendant SAM. 63 J00 Connie L. Wee ley(. TAB 3 Zoa$ M D il Weekl y 8 CONNIE L. WEEKLEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2005-3409 CIVIL DOYLE NEIL WEEKLEY, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 6, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ? 0 D Connie L. Weekley, Plaintiff C °c? ? -_- : ?., ? x:" ; c 4 ?? Y ?1 ,`J tee,. ? .. C?'? 0 CONNIE L. WEEKLEY, Plaintiff VS. DOYLE NEIL WEEKLEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. G?^ Date: Connie L. Weekley, Plaintiff f CONNIE L. WEEKLEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-3409 CIVIL DOYLE NEIL WEEKLEY, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 6, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ) - 3 ©y Doyle eil Weekley, Defendant T o C-- r. CrN CONNIE L. WEEKLEY, Plaintiff vs. DOYLE NEIL WEEKLEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3409 CIVIL IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: I ` 3 " () g- Doyle Neil Wee/)J kley, Defendant cri CONNIE L. WEEKLEY, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005-3409 CIVIL DOYLE NEIL WEEKLEY, IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: July 11, 2005, by U.S. Mail, postage prepaid, certified, return receipt requested. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff on January 3, 2008; by Defendant on January 3, 2008. 4. Related claims pending: NONE 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 4, 2008. 6. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 4, 2008. Date: I P Q ° By: lav Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 (717) 258-8558 _ J .? i r? 77 l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CONNIE L. WEEKLEY, ? 71 Plaintiff VERSUS DOYLE NEIL WEEKLEY, Defendant AND NOW, DECREED THAT No. 3409 of 2005 DECREE IN DIVORCE y mywa"PV U IT IS ORDERED AND CONNIE L. WEEKLEY AND DOYLE NEIL WEEKLEY ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAT NTI FF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Marital Property Settlement Agreement is incorporated _herein and dated January 3, 2008 BY THE COURT: ATTEST: J ` l PROTHONOTARY ?? - ? ? ? ?, v? r? l %?