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Home My WebLink About01-3601 ; NATALIE ANNE TAYLOR Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 01 - 3601 VS. WILLIAM T AYLOR NO. CIVIL 19 IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: 1-( t.;(b Y -- 6 ~ c-v~T'~ ~~~~ ; NATALIE ANNE TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3601 CIVIL WILLIAM TAYLOR, Defendant IN DIVORCE TO: Diane G. Radcliff , Attorney for Plaintiff P. Richard Wagner , Attorney for Defendant DATE: Wednesday, April 2, 2003 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. , . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF 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. DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 February 2,2004 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 Re: Natalie A. (Taylor) Acri vs. William Taylor v. Thomas and Jean Blaine Cumberland County Divorce Action No. 01-3601 Dear Divorce Master Elicker: I am pleased to advise you that the parties have amicably resolved their differences and entered into a Marital Agreement on February 2,2004. Two (2) copies of that Marital Agreement are enclosed with this letter. In accordance with your standard procedure, I trust that you will secure the entry of an order revoking your appointment. Very truly yours, ~~) DGRI dr cc: P. Richard Wagner, Esquire Natalie A. Acri Thomas and Jean Blaine File 28-02D NATALIE ANNE TAYLOR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA PlaintiffIRespondent, v. : NO: 01-3601 : CIVIL TERM WILLIAM T AYLOR, : IN DIVORCE DefendantIPetitioner. ORDER ANDNOW,this t2.....dayof ~~ 2003, upon Petition of William Taylor, a Rule is hereby issued upon the Respondent, Natalie Anne Taylor, and her parents, Thomas Blaine and Jeanne Blaine, to show cause why, if any, they / . should not be joined as indispensable parties in the above-captioned divorce ..-t( ~ ~""" ~ .Q.o ~ J a.! tz- J'-<rvl Lc.... -... .' proceeding. BY THE COURT: /-?J 1. RKs OQ-/5-f8 t,~ ':~ ",:,:,J NATALIE ANNE TAYLOR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA PlaintiffIRespondent, v. : NO: 01-3601 : CIVIL TERM WILLIAM T AYLOR, : IN DIVORCE DefendantIPetitioner. PETITION TO JOIN INDISPENSABLE PARTY AND NOW, comes your Petitioner, William Taylor, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition to Join Indispensable Party: 1. Your Petitioner, William Taylor, is the Defendant in the above-captioned divorce action. 2. The Respondent, Natalie A. Taylor, is the Plaintiff in the above-captioned divorce action. 3. Petitioner and Respondent herein are involved in the above-captioned divorce proceeding having had a pre-hearing conference with the Master on Monday, August 25, 2003. 4. To properties are involved in the divorce proceeding, 63 N. 31 st Street, Camp Hill, Cumberland County, Pennsylvania, and 103 N. Second Street, W ormleysburg, Cumberland County, Pennsylvania. 5. Petitioner herein is asserting an interest in both properties, the W ormleysburg property having his name on the Deed, and the Camp Hill property having only the name of the Respondent's parents, Thomas Blaine and Jeanne Blaine, having as an address 1709 Kent Road, Camp Hill, Cumberland County, Pennsylvania. 6. Petitioner asserts that Petitioner and Respondent purchased property at 103 N. Second Street, Wormleysburg, Cumberland County, Pennsylvania, for which there is a mortgage on the property. 7. Petitioner asserts that Petitioner and Respondent lived at that property until approximately 1996 when Petitioner and Respondent moved to 63 N. 31 st Street, Camp Hill, Cumberland County, Pennsylvania, to a property which Petitioner asserts ownership. 8. From 1990, when the parties purchased the Wormleysburg property, Petitioner has been paying the mortgage on the property, and continued to do so until January of 2001. 9. In 1996, the Wormleysburg property was vacated by Petitioner and Respondent, and the property was rented out to tenants, with tenants paying a monthly rental. 10. The monthly rental was paid to Thomas Blaine and Jeanne Blaine, the Respondent's parents; notwithstanding that the mortgage was still being paid by the Petitioner herein. 11. The Respondent's parents, Thomas and Jeanne Blaine, used the rental proceeds from the W onnleysburg property to pay the mortgage on the Camp Hill property in which the Petitioner and the Respondent were residing. 12. At all times from the inception of both purchases, the Petitioner was lead to believe by Respondent and Respondent's parents that Camp Hill and W ormleysburg properties were both properties of Petitioner and Respondent only. 13. Since the filing of the divorce action, Respondent and her parents have now taken the position that the Petitioner has no interest in the Camp Hill property and only a limited interest in the W ormleysburg property. 14. Petitioner asserts that he has paid the mortgage from the inception of the purchase of the Wormleysburg property through January 2001, and further, that the rental income from the W ormleysburg property was used by Thomas Blaine to pay the mortgage on the Camp Hill property. 15. Petitioner believes and therefore avers that he has an equitable, if not legal, interest in both properties. 16. Thomas Blaine and Jeanne Blaine are not parties to the divorce action. 17. Both properties in question contain the name of Thomas Blaine and Jeanne Blaine on the Deed. 18. Petitioner believes and therefore avers that both are indispensable parties to the divorce proceeding in order for the court to fashion an equitable distribution order considering both properties. 19. Petitioner believes and therefore avers that Thomas Blaine and Jeanne Blaine of 1709 Kent Road, Camp Hill, Cumberland County, Pennsylvania, should be joined as indispensable parties in the divorce proceeding. WHEREFORE, Petitioner requests this Court to grant relief in the form of joining the indispensable parties. Respectfully submitted, Mancke, Wagner & Spreha . 'char / . . 23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Petitioner Date: 9/3/ /)3 I VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 9/S/03 / o vi 0" -b -r- o N :J ~ r-~~~ ' {) C" .-"~ !1 J .. . --~ 'i '1 . _1 , ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NATALIE ANNE TAYLOR, Plaintiff No. 01-3601 CIVIL TERM VERSUS WILLIAM TAYLOR, Defendant DECREE IN DIVORCE AND NOW, .A"J1~ J.C ~ 2003 , IT IS ORDERED AND DECREED THAT NATALIE ANNE TAYLOR , PLAI NTI FF, AND WILLIAM TAYLOR , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MaNY. 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; O~AJ J. OTHONOTARY ... # t- /'r ~/i., [(J"i\"'C ~f,~ ~~ .~. -pJ "r/' -'IrE' . ' I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR Plaintiff No. 01-3601 CIVIL TERM V. CIVIL ACTION - LAW WILLIAM TAYLOR IN DIVORCE Defendant PRAECIPE OF 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(d) of the Divorce Code. 2. DA TE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. b. c. d. e. f. Date of Filing of Complaint: Manner of Service of Complaint: Date of Service of Complaint: Date of Filing of Amended Compliant: Manner of Service of Amended Complaint: Date of Service of Amended Complaint: June 11,2001 Acceptance of Service by Defendant's Attorney June 18,2001 January 29, 2003 Regular First Class Mail upon Defendant's Attorney January 29, 2003 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: March 15, 2003 b. Defendant: March 21, 2003 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/ A b. Date of Filing: N/ A c. Date of Service: N/ A 4. RELATED CLAIMS PENDING: Equitable Distribution, Counsel Fees, Costs and Expenses. Divorce Bifurcated as per 3/2 I/03 Order 5. DA TE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D)(1)(I) OF THE DIVORCE CODE: a. Date of Service: N/ A b. Manner of Service: N/ A OR DA TE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiffs Waiver: March 21,2003 b. Defendant' s Waiver: March 21, 2003 ~ DCLlFF, ESQUTRE } 3 e Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 , o v-l ~ s. ..., " y N ...>) ~ J:.. $ .) "'".' 'on (:J NATALIE A. TAYLOR, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Cll>'LL~-h\ 01- .J~O{ NO. WILLIAM S. TAYLOR, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take prompt action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you . by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the gro\ln<tIDfdivorce 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. 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 NATALIE A. TAYLOR, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 3t,v/ ~-r~ WILLIAM S. TAYLOR, Defendant IN DIVORCE COMPLAINT 1. The Plaintiff is Natalie A. Taylor, Social Security number 202-46-5020, who currently resides at 63 North 3rt Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is William S. Taylor, Social Security number 194-52-1745, who currently resides at 427 South York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 13, 1989 at Dauphin County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c) and 3301(d), in that: a) The marriage is irretrievably broken. b) Plaintiff and Defendant have lived separate and apart since January 31, 200 1 and continue to do so. 8. The 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. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from October 13, 1989, until January 31, 200 1, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, Date <... '1 - 0 I !b.~g!~ 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff J.D. #59020 .. I" VERIFICATION I, NATALIE A. TAYLOR, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. 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 '-07- 0' ~ ~ CJ..7~ ATALIE A. TAYLOR NATALIE A. TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA v. NO. 01-3601 CIVIL TERM WILLIAM S. TAYLOR, Defendant IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Richard Wagner, Esquire, accept service of the Divorce Complaint on behalf of William S. Taylor, Defendant, in the above-captioned case and verify that I am authorized to do so. 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 1,//g!tJl f I 'chard Wa q. 33 North Front Street Harrisburg, PA 17110 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATALIE ANNE TAYLOR, Plaintiff v. : NO. 01-3601 CIVIL TERM WILLIAM TAYLOR, Defendant : CIVIL ACTION - LAW : DIVORCE 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 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 ilTetrievable 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 MA Y LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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, P A 170 l3 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff v. : NO. 01-3601 CIVIL TERM WILLIAM TAYLOR, Defendant : CIVIL ACTION - LAW : DIVORCE AMENDED COMPLAINT AND NOW, this ~ay Of~O~-:-, 2003, comes the Plaintiff, Natalie Anne Taylor, by her attorney, Diane G. Radcliff, Esquire, and files this Amended Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Natalie Anne Taylor, an adult individual residing at l755 Tarry Hall Road, Millersburg, PA 17043. 2. The Defendant is William Taylor, an adult individual residing at 455 South York Street, Mechanicsburg, PA 17055. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 13,1989 at Harrisburg, PA. 5. The parties have lived separate and apart since January 29,2001. -1- 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; b. Section 3301(d) 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. WHEREFORE, Plaintiffrequests 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 and debts, both real and personal, during their marriage from October 13, 1989 until January 29, 2001, the date of 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 said property and -2- debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III ALIMONY PENDENTE LITE 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. 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. Plaintiffhas employed Diane G. Radcliff, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. The Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, -3- costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. -4- VERIFICATION G.YlU-t'1ckd I, Natalie Anne Taylor, verify that the statements made in thi~Complaint 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. \.-11~ ~q NATALIE ANNE TAYLOR ~ Date: / J/~ / D3 , -5- ~ ~. .......... '-N .z ~ "- ~ ~ ~ ~ . ~ o ~;::; ~t ~ ~.~~ ~~ ;"";0 t.:~~~ 7' ~ ~ C\ (~ (''') -\1 :---) U) (--) ~, ~l.~. -~~~~ ,.-' ::;~ :P ~ -,y --.- c:? ".11 tOP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 11, 2001. 2 . The marriage of Plaintiff and Defendant broken and ninety (90) days have elapsed filing and service of the Complaint. is irretrievably from the date of 3. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: !::>/IS/Z; ~ / ~ ~F;- NATALIE ANNE TAYLOR ~ -, '. ) \. f~) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 11, 2001. 2 . The marriage of Plaintiff and Defendant broken and ninety (90) days have elapsed filing and service of the Complaint. is irretrievably from the date of 3. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: 31;]1 (63 o C' f,_ ~ -'..) ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2 . I understand that I may lose rights division of property, lawyer's fees or claim them before a divorce is granted. concerning alimony, expenses if I do not 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 statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. '7Lr~~~ NATALIE ANNE TAYLOR Dated: 3) JY /D3 / , C~; ) ....) c' 'Cj .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2 . I understand that I may lose rights division of property, lawyer's fees or claim them before a divorce is granted. concerning alimony, expenses if I do not 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 statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authoritie Datect:3/at ( 63 0 vJ ~ " ("I ~ ('oJ . ~ r:- ~ ~_J ~ ..J ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant INVENTORY OF NATALIE ANNE TAYLOR Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventoi '> ; true and correct. Plaintiff 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 "i~ tl ,/1f-ery--, PLAIN II,.F Dated: Dated: - ASSETS AND LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (X) 1. (X) 2. ( ) 3. () 4. ( ) 5. ( ) 6. ( ) 7. () 8. 0 9. ( ) 10. ( ) 11. ( ) 12. () 13. ( ) 14. () 15. ( ) 16. ( ) 17. (X) 18. () 19. ( ) 20. ( ) 21. () 22. ( ) 23. ( ) 24. (X) 25. ( ) 26. (x) 27. (X) 28. (X) 29. Real property and Real Estate Mortgages Motor vehicles and Vehicle Liens Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, worker's compensation claim/award Profit sharing plans Pension Plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution is in dispute) Other assets Loans Credit Cards Other Debts Page 2 I. MARITAL PROPERTY AND LIABILITIES Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest, individually or with any other person as of the date of separation and, all marital liabilities owed by either or both spouses, individually or with any other person as of the date of separation: NO MARITAL PROPERTY AND LIABILITIES NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE VALUE OF ASSET OR LIABILITY REAL ESTATE AND REAL ESTATE MORTGAGES (INVENTORY #1) ITEM 1. (REAL ESTATE #1) DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE 103 North 2nd Street Wormleysburg, Pa Tax #47-20-1858-029 7.1.00 Mortgage Accl. # II 12.31.02 Excess down Payment Made by Parents 2001 loss 2002 loss 2003 loss for 6 months Net Equity Half of Equity COMMENTS: 55,060.00 (17,656.06) (1,107.12) (1,419.73) (3,210.78) (739.82) 30,926.49 15,463.25 15,463.25 15,463.25 This property was acquired on 6/8/90 for $55,900.00. The property is held in the joint names of the parties (50%) and wife's parents (50%). There was a $1,000.00 deposit and $6,107.12 paid in closing costs for a total of $7,107.12. The remainder was financed with a mortgage in the amount of $49,900.00. The closing costs were paid $3,000.00 by the parties and $4,107.12 by wife's parents, Thomas and Jean Blaine ($1,107.12 difference) Until 1996 the mortgage payments were paid by Husband and Wife since there were residing in the property. 7.1.00 and 1/1/02 tax assessment value is $55,060.00...{ 12.31.00 mortgage balance @ $25,874.57 ..{ 12.31.01 mortgage balance @ $21,979.84...{ 12.31.02 mortgage balance @ $17,656.06..{ Page 3 MARITAL PROPERTY AND LIABILITIES NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY TO HUSBAND TO WIFE Rents for 2001 Rent $7,140.00 Expenses ($4.665.00) Net Before Depreciation $2,475.00 Mortgage Principal Payments ($3.894.73) Net Loss (-$1,419.73) Rents for 2002 Rent $7,140.00 Expenses ($6,027.00) Net Before Depreciation $1,113.00 Mortgage Principal Payments ($4,323.78) Net Loss (-$3,210.78) Estimated Rents for 2003 Rent $7,140.00 Expenses ($8.619.63) Net Loss (-$1,479.63) The breakdown of the estimated expenses for 2003 are as follows: Mortgage payments =$534.08/month w/o escrows or $6,408.96/yr..f 2003 County-Municipal taxes face = $208.56 f 2002 School taxes face = $556.11 f 2003 Insurance = $402.00. f Sewer @ est. based on 2002 = $440.00 f Misc. Exp @ est. based on 2002 = $212.00 f Repairs est. based on 2002 = $392.00 f MOTOR VEHICLES AND VEHICLE LIENS (INVENTORY #2) ITEM 2 (VEHICLE #1) 1991 Dodge Caravan TBD COMMENTS: Wife used this vehicle. It was titled in the name of husband's mother. After separation wife returned this vehicle to husband's mother since she threatened to have her arrested if she id not. It is undetermined if the parties have any legal or equitable interest in this vehicle. ITEM 3 (VEHICLE #2) Husband's Old Ford Truck COMMENTS: This is an older vehicle and probably of minimal value. Page 4 MARITAL PROPERTY AND LIABILITIES NO DESCRIPTION OF DA TE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY TO HUSBAND TO WIFE EMPLOYMENT PENSION & RETIREMENT PLANS (INVENTORY #18) ITEM 4 (RETIREMENT #1) Husband's SERS Pension 1.29.01 73,657.70 73,657.70 73,657.70 COMMENTS: 12.31.99 present value assigned by the State is $48,566.11. 1.29.01. present value assigned by State is $73,657.70 including contribution account of $18,799.80 " pension has not yet been valued by an actuary. Actuarial value may be more or less than above stated amount. , I HOUSEHOLD GOODS AND FURNISHINGS (ATTACHED LIST IF IN DISPUTE) (INVENTORY #25) ITEM 5 (PERSONAL PROPERTY #1) Husband's Household Goods N/A N/A N/A COMMENTS: Wife believes distribution should remain as is. Therefore no dollar figure has been inserted herein. ITEM 5 (PERSONAL PROPERTY #2) Wife's Household Goods N/A N/A N/A Wife believes distribution should remain as is. Therefore no dollar figure has been inserted herein. CREDIT CARDS, LOANS AND OTHER DEBTS (INVENTORY #27,28 &29) ITEM 6 (DEBT #1) VISA N/A N/A This account had a balance of $2,000.00 at or near separation. The creditor sued both of the parties and lost. It is therefore believed that neither party has any liability for this debt. ITEM 7 (DEBT #2) Thomas and Jean Blaine 92-96 (16,074.35) Wife's parents lent husband various sums of money to be determined but no less than $16,074.35 including: Cash deposited into account @ $6,910.00.[ Shell Oil for repairs to auto @ $510.00.[ Credit Card and misc. bills $6,520.35 .[ Attorney Fees @ $1,000.00 .[ Auto Repairs @ $1,134.00.[ TOTALS TOTAL OF ASSETS AND LIABILITIES 89,120.95 73,657.70 15,463.25 Page 5 MARITAL PROPERTY AND LIABILITIES NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR LIABILITY VALUE ASSET OR DISTRIBUTION DISTRIBUTION LIABILITY TO HUSBAND TO WIFE PERCENT AGE OF DISTRIBUTION Totals from above 89,120.95 73,657.70 15,463.25 Percentage of Total Net Marital Estate 82.65% 17.35% ADJUSTMENT FOR SO/50 DIVISION Totals from above 89,120.95 73,657.70 15,463.25 Amount Due in 50/50 Division 44,560.47 44,560.47 Adjustment figure for SO/50 Division (29,097.23) 29,097.23 ADJUSTMENT FOR 45/55 DIVISION Totals from above 89,120.95 73,657.70 15,463.25 Amount Due in 45/55 Division 40,104.43 49,016.52 Adjustment Figure for 45/55 Division (33,553.27) 33,553.27 ADJUSTMENT FOR 40/60 DIVISION Totals from above 89,120.95 73,657.70 15,463.25 Amount Due in 40/60 Division 35,648.38 53,472.57 Adjustment Figure for 40/60 Division (38,009.32) 38,009.32 Page 6 COMMENTS: 1. The adjustment figures are for illustration purposes only and are not to be deemed a representation by the submitting party that an adjustment should be made or the amount of any adjustment. , I Page 7 II. LISTING OF HOUSEHOLD GOODS AND CONTENTS Plaintiff lists all household goods and contents in which either or both spouses have a legal or equitable interest individually or with any other person as of the date of separation, the total value of which is specified in Section I. above: (Note: Exclusions from marital property include property acquired before marriage, property acquired aftel separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. FOI gifts and inheritance also specify the source person). HOUSEHOLD GOODS AND CONTENTS NO. DESCRIPTION OWNER POSSESSOR VALUE COMMENTS AND/OR METHOD OF BASIS FOR EXCLUSION VALUATION AND IF CLAIMED TO BE NON SUPPORTING MARITAL DOCUMENTATION N/A Page 8 III. NON-MARITAL PROPERTY AND LIABILITIES Plaintiff lists all property and/or debts in which a spouse had a legal or equitable interest or owed as of the date of separation which is claimed to be excluded from marital property. (Note: Exclusions from marital property include property acquired before marriage, property acquired aftel separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. FOI !:lifts and inheritance also specify the source person). NON-MARITAL PROPERTY AND DEBTS DESCRIPTION OWNER POSSESSOR VALUE COMMENTS AND/OR BASIS FOR EXCLUSION IF CLAIMED TO BE NON MARITAL 127,000.00 Property belongs to wife's Parents METHOD OF VALUATION AND SUPPORTING DOCUMENTATION Est. 63 North 31st Street Camp Hill, Pa 17011 Tax #01-21-0273-272 COMMENTS: Thomas and Jean Blaine Thomas and Jean Blaine's rental This property was acquired on 6/14/96 for $79,000.00...f Wife's parents, Thomas and Jean Blaine paid the $3,000.00 deposit and $15,525.79 in down payment and closing costs for a total of $18,525.79...f The remainder was financed by a mortgage in the amount of $63,000.00 @$577.31/mo...f This property is titled in the names of wife's parents, Thomas G. Blaine and Jeanne R. Blaine...f Wife's parents have all of the mortgage payments, taxes and insurance since date of purchase. 7.1.02.Tax assessment value is $127,010.00 ..f 2.10.03 mortgage balance = $51,298.83 ..f DOS mortgage balance @ $56,798.00 Mortgage payment = $577.31 wlo escrows. ..f 2003 County-Municipal taxes = $542.71 per yr. Face ($45.23 per month) ..f 2002 School taxes = $1,413.62 per yr face ($117.80 per mo.) ..f 2002 Insurance = $437.00 per yr. ($36.42 per month) TOTAL monthly costs wlo utilities and repairs = $776.76 Wife and her parents, Thomas and Jean Blaine, claim this property belongs to her parents, that the parties have no interests in this property, and that this property is not subject to equitable distribution. The property was purchased by wife's parents as an investment to be able to fund the parties' children's college education. Husband claims this property is a marital asset. It is wife's position that if it was intended that either of the parties have an interest in this property it would have been a gift to wife of no more than a half share. Page 9 IV. PROPERTY TRANSFERRED Plaintiff lists all property which was transferred within 3 years of the date of the commencement of this action or was transferred sincE the date of separation: PROPERTY TRANSFERRED NO. DESCRIPTION OF TRANSFER CONSIDERATION TRANSFEREE COMMENTS PROPERTY DATE None Known Page 10 -....... CERTIFICATE OF SERVICE AND NOW, this d/sJay of May, 2003, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within INVENTORY, upon the following set forth person, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Respectfully submitted, I j' Page 11 0 Cl 0 C (..f-"Z -n '" :1: ~ ~ c,-.. )" -U (" ):'::\fI' ': rTl L. .. -< , ., ~ f",) _. ~.. iT' L_ (J..) ',:J (" (~l /~ -~< r- ''0 '. ~ '''::::J e:-:, i :~ --~(~ ~~M C , ''-''rr1 j--:: ~? <) c: ..1 :(~ r::- 't,.. ~ -<' <1'\ -< - ------------'''- ------- NATALIE ANNE TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 3601 CIVIL WILLIAM TAYLOR, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Diane G. Radcliff , Attorney for Plaintiff P. Richard Wagner , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 25th day of August 2003, at 1:30 p.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 6/16/03 E. Robert Elicker, II Divorce Master OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 May 19, 2003 Diane G. Radcliff Attorney at Law 3448 Trindle Road Camp Hill, PA 17011 P. Richard Wagner Attorney at Law MANCKE, WAGNER & SPREHA 2233 North Front Street Harrisburg, PA 17110 RE: Natalie Anne Taylor vs. William Taylor No. 01 - 3601 Civil In Divorce Dear Ms. Radcliff and Mr. Wagner: I have received an amended decree in divorce dated April 21, 2003, indicating that the economic claims pending and preserved for the Master are equitable distribution and counsel fees and costs. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, June 13, 2003. Upon receipt of the pretrial statements, I will immediately schedule a pre- hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master .. , Ms. Radcliff and Mr. Wagner, Attorneys at Law 19 May 2003 Page 2 NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. NATALIE ANNE TAYLOR, Plaintiff No. 01-3601 CIVIL TERM VERSUS WILLIAM TAYLOR, Defendant /lMlAJ 'PE]) DECREE IN DIVORCE AND NOW, ~"'I 2.,'" 7.003 , IT IS ORDERED AND DECREED THAT NATALIE ANNE TAYLOR AND WILLIAM TAYLOR , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; EQUITABLE DISTRIBUTION, COUNSEL FEES AND COSTS A t~ PROTHONOTARY J. ,-' APR 1 6 2003 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant MOTION AND AUTHORIZATION AND NOW, to wit, this /o#Aday of (]P,..,'L ,2003, we, the undersigned legal counsel for the parties, hereby move and authorize this Honorable Court to enter an Amended Decree in Divorce amending the Divorce Decree entered on March 26, 2003 to specifically provide for retention of jurisdiction over the claims of equitable distribution, counsel fees and costs heretofore raised of record prior to the entry of the March 26, 2003 Divorce Decree. Respectfully submitted, . RADCLIFF, ESQUI E 48 Tri e Road Camp Hill, PA 17011 Attorne for Plaintiff ARD WAGNER, ESQUIRE 2233 North Front Street Harrisburg, PAl 711 0 Attorney for Defendant o vJ )".. ---c -. -r 00 o v-J .D '> :.:) \.." ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant MOTION FOR APPOINTMENT OF MASTER Natalie Anne Taylor, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ ] Divorce [ ] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [X ] Counsel Fees [ ] Alimony Pendente Lite [X ] Costs and Expenses In support of the Motion the Plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The Defendant [X] has [ ] has not appeared in the action [ ] personally [X] by his attorney, P. Richard Wagner, Esquire. 3. The statutory ground for the divorce is/are: Section 3301 (c) No-Fault 4. Check the applicable paragraphs: [] The action is not contested. [] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All claims 5. The hearing is expected to take one (1) day. Date: .3- \ / 6. Additional inti rmation, if any, relevant to the motion: e ORDER APPOINTING MASTER \ AND NOW, }41 ti.Lt.b /, 2003, E. Robert Elicker, II, Esquire, is appointed Master with respect to the following claims: , ] Divorce ] Annulment ] Alimony ] Alimony Pendente Lite [X] Distribution of Property [ ] Support [X] Counsel Fees [X] Costs and Expenses BYT~ ( f J DGE ~' .~ -" -0 VI rJ 1> ) c..... ::-........ C', ~ C'~ o uJ ~ ~ 'I n .r rv '-'-,", " -'" : -- '-.., r ~~~' LAW OFFiCES MANCKE, WAGNER, TULLY & SPREHA 2233 NORTH FRONT STREET JOHN 8, MANCKE P. RICHARD WAGNER WILLIAM T, TULLY EDWARD F. SPREHA, JR. HARRiSBURG, PA 17110 PHONE (717) 234,7051 FAX (717) 234,7080 April 7, 2003 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Taylor v. Taylor No: 01-3601 Dear Mr. Elicker: Enclosed herein please find the Certification on behalf of my client, William Taylor. Your attention is appreciated. >'--"7 Sincerely, ~ P. Richard Wagner PRW/dks I i \....... Enclosure cc: Diane Radcliff, Esq. (w/encl.) NATALIE ANNE TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3601 CIVIL WILLIAM TAYLOR, Defendant IN DIVORCE TO: Diane G. Radcliff , Attorney for Plaintiff P. Richard Wagner , Attorney for Defendant DATE: Wednesday, April 2, 2003 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. , '\. J cf -I { J\'\I- 'j (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. tl/1ft'/) I' DATE ( ) (~ 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. . DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 April 7, 2003 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, PA 17013 Re: Nata~ie Anne Tay~or (now Nata~ie Acri) vs. Wi~~iam Tay~or Cumber~and County Divorce Action Docket No. 01-3601 Civi~ Term Dear Divorce Master Elicker: I am enclosing with this letter the signed Certification of Completion of Discovery Very truly yours, .~~ ) DGR/dr Enclosures: Discovery Certification cc: P. Richard Wagner Natalie Taylor Acri File 28-02D 1,0.0* NATALIE ANNE TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3601 CIVIL WILLIAM TAYLOR, Defendant IN DIVORCE TO: Diane G. Radcliff , Attorney for Plaintiff P. Richard Wagner , Attorney for Defendant DATE: Wednesday, April 2, 2003 , ~ / CERTIFICATION ~lkr 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. . . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. -- .--' "'........, o -" ____ DATE ~9~ ~ FOR PLAINTIFF (/~) ~.. FOR DEFENDANT ( \) '\ l ~ '" 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. SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1, ALL DIVORCES MUST INCLUDE THE PARTIES' SOCIAL SECURITY NUMBERS. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DATE March 21,2003 COUNTY Cumberland County, PA DOCKET NUMBER No. 01-3601 Civil Term PLAINTIFF'S NAME Natalie Anne Taylor PLAINTIFF'S SS # 202-46-5070 DEFENDANT'S NAME William Taylor DEFENDANT'S SS# 194-52-1745 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM T AYLOR, Defendant RE: BIFURCATION ORDER AND NOW, this .V'day of 11?ac.J, ,2003, in consideration of the within Stipulation, IT IS HEREBY ORDERED AND DECREED THAT: 1. This divorce action is hereby bifurcated so that a divorce decree under Section 3301(c) of the Divorce Code can be entered with reservation of jurisdiction over all claims raised by either party prior to the entry of said decree. 2. The parties have executed and filed or shall execute and file, their respective Affidavits of Consent, Waivers of Notice ofIntention to Request Entry of Divorce Decree. Upon entry of this Order and filing of the Affidavits and Waivers aforesaid, Plaintiff shall prepare and file all documents necessary to secure the entry of the bifurcated divorce decree. 3. Pending further order of this Court, neither party will transfer any property or asset that is subject to equitable distribution, or claimed to be subject to equitable distribution by either party. Further neither party will incur any indebtedness, liens encumbrances or judgments against any such property or asset. 4. Pending further order of Court neither party will change any beneficiary designation on any life insurance policy or retirement death benefits as such designation was immediately prior to the parties separation. If such beneficiary designation has been changed, within five (5) days ofthe date of this Order the party responsible for the change will change that designation back to the designation immediately prior to the parties separation. 5. Wife will file a Motion for Appointment of Master on all outstanding claims on the date of the entry of this Order. 'J i"J .> - : ~"'\ ,'. j .~ , \ ;',""',1"\ ..' 'v " -I ':_ .1 ~ , -- 6. Under and subject to the foregoing terms, this Court will enter the Divorce Decree under Section 3301 (c) of the Divorce Code upon presentation of appropriate and required documents and papers. That divorce decree shall contain a specific reservation of jurisdiction over all claims raised by either party prior to the entry of said decree. BY THE COURT: 4;[ J. Distribution to: . ;u.---o3 , ~ A TTORNEY FOR PLAINTIFF: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 ATTORNEY FOR DEFENDANT: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, P A 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM T AYLOR, Defendant RE: BIFURCATION STIPULATION AND NOW, this 2.r$~ay of lr\u.,.,rcL , 200~, come the Plaintiff, Natalie Anne Taylor and the Defendant, William Taylor, and stipulate and agree as follows: 1. This divorce action shall be bifurcated so that a Divorce Decree under Section 3301 (c) of the Divorce Code can be entered with reservation of jurisdiction over all claims raised by either party prior to the entry of said decree. 2. The parties agree that their marriage is irretrievably broken and that they consent to the divorce. Concurrently with the signing of this Stipulation the parties shall execute and file their respective Affidavits of Consent, Waivers of Notice of Intention to Request Entry of Divorce Decree. Upon entry of the Order bifurcating this divorce action, Plaintiff, shall prepare and file all documents necessary to secure the entry of the bifurcated Divorce Decree. 3. Pending further order of this Court, neither party will transfer any property or asset that is subject to equitable distribution, or claimed to be subject to equitable distribution by either party. Further neither party will incur any indebtedness, liens encumbrances or judgments against any such property or asset. 4. Pending further order of Court neither party will change any beneficiary designation on any life insurance policy or retirement death benefits as such designation was immediately prior to the parties separation. Ifsuch beneficiary designation has been changed, within five (5) days of the date of this Order the party responsible for the change will change that designation back to the designation immediately prior to the parties separation. - 2 - 5. Wife will file a Motion for Appointment of Master on all outstanding claims on the date of this Stipulation and the order to be entered pursuant hereto. 6. The parties authorize the Court to enter an order incorporating the tem1S of this Stipulation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year below written. PLAINTIFF'S ATTORNEY: .~ l' \~ I G. DCLIfF, ESQUIRE Date: 2> ( 2- l /6 3 PLAINTIFF: NATALIE ANNE TAYLO 3/LI/O~ Date: DEFENDANT'S ATTORNEY: DEFENDANT: Date: Date: - 3 - LAW OFFICES MANCKE, WAGNER Be SPREHA 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA, JR. HARRISBURG. PA 17110 PHONE (717) 234-7051 FAX (717) 234-7080 June 13, 2003 Hand Delivered E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Taylor v. Taylor Dear Mr. Elicker: Enclosed herein please find the Pre- Trial Statement on behalf of my client, William Taylor. Your attention is appreciated. Sinc~rely, "-') / [~~~~~Wagner PRW/dks Enclosure cc: Diane G. Radcliff, Esq. (w/encl.) , ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant INCOME AND EXPENSE STATEMENT OF NATALIE ANNE TAYLOR I verify that the facts set forth in the following Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. 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: d/I/6 j I /' 7L A., & tl.,.4~ NATALIE ANNE TAYLOR - 1 - PART I. INCOME A. EMPLOYMENT INFORMATION: EMPLOYER: Halifax School District ADDRESS: Halifax, PA POSITION: Substitute Teacher PAYROLL NUMBER: 202-46-5070 PAY PERIOD: Biweekly B. EMPLOYMENT INCOME: DESCRIPTION AMOUNT GROSS PAY PER PAY PERIOD 320.00 FICA OR SE TAX (19.84) MEDICARE OR SE TAX (4.64) FEDERAL TAX STATE TAX (8.96) LOCAL TAX (3.20) MANDATORY RETIREMENT UNION DUES VOLUNTARY RETIREMENT HEAL TH INSURANCE NET PAY PER PAY PERIOD 283.36 NET PAY PER MONTH $613.95 Note: Plaintiff was off of work until mid-February, 2003 due to ill health. She returned to work on a part time basis against her physician's instructions. This employment will end as of the end of March, 2003. She will not be returning to work after that date due to health problems. Her anticipated income for 2003 from the above will be $1,300.00 and no more than an additional $700.00 for occasional part time work after April 1 , 2003. - 2 - C. OTHER INCOME: DESCRIPTION MONTHLY YEARL Y INTEREST DIVIDENDS PENSIONS ANNUITIES SOCIAL SECURITY RENTS ROYAL TIES EXPENSE ACCOUNT GIFTS UNEMPLOYMENT COMPENSATION WORKMAN'S COMPENSATION INCOME TAX REFUNDS CHILD SUPPORT 881.00 10,582.00 COMMISSIONS TIPS OTHER SPECIFY: TOTAL OTHER INCOME $881.00 $10,582.00 - 3 - PART II. EXPENSES Note: Expenses in Household Column represent total expenses for the household. These are included since they are shared between Plaintiff and her fiancee. DESCRIPTION HOUSEHOLD MONTHL Y AMOUNT AMOUNT HOME EXPENSES: Rent $400.00 First Mortgage $1,133.00 Second Mortgage/Home Equity Loan Maintenance And Repairs $50.00 Electric $250.00 $100.00 Gas Oil Telephone $25.00 Water Sewer Trash EMPLOYMENT Public Transportation Lunches Other Employment Expenses TAXES: Real Estate Taxes Included in mortgage Personal Property Taxes Income Taxes Not Withheld Per Capita/Occupation Taxes - 4 - DESCRIPTION HOUSEHOLD MONTHL Y AMOUNT AMOUNT INSURANCE: Homeowners Insurance $450.00 Automobile Insurance Life Insurance $30.00 Accident Insurance Health Insurance Other Insurance AUTOMOBILE EXPENSES: Payments Fuel $150.00 Maintenance And Repair $42.00 License And Registration $3.00 MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE: Doctor $20.00 Optical $10.00 Dental Orthodontic Hospital Medicine $30.00 Special Needs/Therapy Etc. - 5 - DESCRIPTION HOUSEHOLD MONTHL Y AMOUNT AMOUNT EDUCATIONAL EXPENSES: Private School Parochial School College/Vocational Religious Training or Education Books/Fees And Supplies $10.00 Other Educational Expenses $120.00 School Lunches PERSONAL EXPENSES: Clothing $150.00 Food $600.00 $400.00 Barber And Hair Dresser $50.00 Memberships $41.00 Other Personal Expenses $40.00 Children's activities CREDIT CARDS AND LOANS: No Creditor Balance 1. Hecht's 1000 $60.00 MISCELLANEOUS EXPENSES: Household Help Child Care Newspa pers/Magazi nes/Books $10.00 Entertainment $75.00 Pay TV Vacations $250.00 Gifts $375.00 - 6 - DESCRIPTION HOUSEHOLD MONTHL Y AMOUNT AMOUNT Legal Fees $200.00 Charitable Contributions Other Child Support Other Spousal Support or Alimony Veterinary Bills $60.00 TOTAL EXPENSES $2,651.00 - 7 - PROPERTY OWNED OWNERSHI P TYPE DESCRIPTION VALUE H W JT Checking Savings Belco $50.00 x Credit Union Stocks/bonds Real Estate 103 N. 21st Street, Wormleysburg, PA $7,500.00 Other PART III. PROPERTY OWNED INSURANCE INFORMATION COVERAGE TYPE COMPANY POLICY NO. H W C Hospital PA Blue Cross 194521745 x x x Medical P A Blue Cross 194521745 x x x Health Accident Disability Income Dental PA Blue Cross 194521745 x x x Vision Other-Specify PART IV. INSURANCE *H=Husband; W=Wife; J=Joint; C=Child - 8 - PART V. SUPPLEMENTAL INCOME STATEMENT [.f] CHECK HERE IF NOT APPLICABLE (a) This form is to be filled out by a person: (1) Who operates a business or practices a profession, or (2) Who is a member of a partnership or joint venture, or (3) Who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity (check block to indicate the document is attached): (1) The most recent Federal Income Tax Return. [] attached (2) The most recent Profit and Loss Statement. [ ] attached Business Address: (c) Name of Business: Business Telephone: (d) Nature of Business (check one) [ ] 1. Sole Proprietorship [ ] 2. Partnership [ ] 3. Joint Venture [ ] 4. Professional [ ] 5. Corporation [ ] 6. Other (e) Name of accountant, controller or other person in charge of financial records: (f) Business Income: 1. Annual income from business: 2. How often is income received: 3. Gross income per pay period 4. Net income per pay period 5. Specify deductions, if any: o u:, ~ ') ..., n Y' IV )., , ~ V? :h ;, ~) >' (~... "; '1 ,...-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant RE: BIFURCATION PETITION "- \..; RULE /"/ AND NOW, to wit, this Jui day of ,Lf//tttlt:r~ ' 2003, upon consideration of the within Petition, a Rule is entered upon the Respondent to show cause why the divorce proceedings should not be bifurcated and a Decree in Divorce under Section 3301(d) ofthe Divorce Code entered with reservation of jurisdiction over the economic issues raised in this case. RULE RETURNABLE at a hearing to be held on the;;?~ day of )Jlti./!.,<,~ 2003, at 9" 30 o'clock ~.M. in Courtroom 1- of the Cumberland County Courthouse, Carlisle, Pennsylvania. The parties are directed to appear at that date, time and place and give testimony and/or argument on their respective positions as to why the relief requested in the within Petition for Bifurcation should or should not be granted. BY THE COURT: J. Distribution to: A TTORNEY FOR PLAINTIFF: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 ~ ~:.t~H_J ATTORNEY FOR DEFENDANT: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, P A 17110 '~ \rt<\:l/\l),-_Sj<t~~3d 1 ., \..-,,~r' r"'" ~;' '-'''~'''nl''\ 1',1'\'" ".)oJ ." ,- '::1'" 1<,.) t.~ : \ \ ~,-\ j r'n \ _ ~"....': )l: \_" ~...,. "'-','........ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant RE: BIFURCATION PETITION FINAL ORDER FOR BIFURCATION OF DIVORCE PROCEEDINGS AND NOW, this day of ,2003, in consideration of the within Petition, IT IS HEREBY ORDERED AND DECREED that: 1. The above-captioned divorce action is hereby bifurcated so that a divorce decree can be entered with reservation of jurisdiction over all claims raised by either party prior to the entry of said decree. 2. Upon presentation of the proper documents and papers as required by the Pennsylvania Rules of Civil Procedure, this Court will enter a Divorce Decree under Section 3301 (d) of the Divorce Code with reservation of jurisdiction over any economic issues raised by either party prior to the entry of the divorce decree. BY THE COURT: J. Distribution to : ATTORNEY FOR PLAINTIFF: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 ATTORNEY FOR DEFENDANT: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, P A 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant RE: BIFURCATION PETITION PETITION FOR BIFURCATION OF DIVORCE PROCEEDINGS .;,' AND NOW, to wit, this;il?, day OfRh1... ,2003_, comes the Petitioner, Natalie Anne Taylor, by her attorney, Diane G. Radcliff, Esqui e, and files thIS Petition for BIfurcation and represents that: 1. Your Petitioner, Natalie Anne Taylor, is the Plaintiff in the above-captioned matter. (Petitioner is hereafter referred to as "Wife"). 2. Y our Respondent, William Taylor, is the Defendant III the above-captioned matter. Respondent is hereafter referred to as "Husband"). 3. The parties were married on October 13, 1989 and were separated on January 29,2001. 4. The Complaint in Divorce was filed by Wife on II. An Amended Complaint in Divorce was filed by Wife on II raising the following claims: a. Divorce under either Section 3301(c) or Section 3301(d) on the basis that the marriage is irretrievable broken; b. Equitable distribution. 5. The Divorce Complaint was duly served upon Husband on June 18, 2001 by acceptance of service of the Divorce Complaint by Defendant's attorney, P. Richard Wagner, Esquire, on that date. The Acceptance of Service is filed of record in this case. The Amended Complaint in Divorce was served upon Defendant's attorney, P. Richard Wagner, Esquire, on II. - 1 - 6. No Answer or Counterclaim has been filed by Husband to the Divorce Complaint or to the Amended Complaint in Divorce 7. The parties have lived separate and apart since January 29,2001 and will have lived separate and apart for a period of at least two (2) years as of January 29, 2003. 8. The parties' marriage is irretrievably broken. 9. On or before the date of the filing of this Petition, Wife has or will have filed a 3301(d) Affidavit alleging that the parties have lived separate and apart for a period of at least two (2) years and the parties' marriage is irretrievably broken. 10. Wife desires that this case be bifurcated because: a. Wife desires to remarry immediately; b. Wife's is not able to work and has been financially supported by her fiancee. c. Wife suffers from a medical condition which endangers her life, and if she would die before the entry of the divorce decree, she would not be able to secure equitable distribution of the parties' marital assets. d. Because of Wife's health conditions she needs to be on her fiancee's health insurance plan and cannot do so unless they are married. e. Wife's fiancee has also financially supporting the parties' three (3) minor children, since the support paid by Husband is insufficient to meet the needs of those children. f. Wife and Wife's fiancee are not able to have the income tax savings that would result if Wife and her fiancee were married, which taxes savings are needed to help support their household. 11. The parties do not own any property jointly with the exception of a rental unit which is owned jointly with Wife's parents. Husband and Wife's share of that real estate is owned as Tenants by the Entireties. The only other major asset is Husband's pension which is owned solely by Husband. If Wife were to die before the entry of the divorce decree and/or an order bifurcating the parties' marital assets, Wife or her estate would not be able to secure equitable distribution of the marital assets since such equitable distribution rights terminate upon her - 2 - death unless with action has been bifurcated and a divorce decree entered before death 12. Husband and Wife have been unable to agree as to equitable distribution of their marital assets and debts, and as the result it is not likely that the parties will be able to be divorced for an additional period of no less than nine (9) months which period is the estimated time period to complete the Divorce Master's hearing and determination on the equitable distribution claim. 13. Husband is not dependent upon Wife for his support. 14. Husband has separate medical insurance coverage for himself. 15. Wife is currently covered under Husband's health insurance, but will be able to obtain health insurance through her fiancee's employment as soon as she is able to marry her fiancee which will occur as soon as the divorce decree is entered. In the interim, Wife is able to obtain Cobra coverage health insurance under Husband's employment insurance policy upon divorce. 16. Wife cannot remarry and obtain the benefits resulting from that remarriage as set forth above unless this case is bifurcated. 17. Neither party will be prejudiced by the bifurcation ofthese proceedings by the allowance of the entry of Decree in Divorce under Section 3301(d) of the Domestic Relations Code. 18. Plaintiff s Attorney previously requested that Husband and Wife agree to a bifurcation ofthe within proceedings and was informed that husband would not agree. 19. A copy of this Petition was provided to Husband's Attorney, P. Richard Wagner, Esquire, on II under cover of letter bearing the same date. 20. The judges involved in this or any other related proceeding involving the parties are as follows: a. The Honorable, Edward E. Guido entered the March 12, 2002 child support order in the support action docketed to No. 00118 s 2001, Pacses No. 407103038. WHEREFORE, your Petitioner, Natalie Anne Taylor, respectfully requests that this Honorable Court to enter an Order bifurcating the divorce proceeding and, in accordance with the Affidavit filed and upon presentation of the proper documents to enter a Decree of Divorce for the - 3 - Petitioner under the Section 3301 (d) with reservation jurisdiction over the economic Issues heretofore raised by either party. Respectfully submitted, - 4 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW v. IN DIVORCE WILLIAM TAYLOR, Defendant RE: BIFURCATION PETITION VERIFICATION I verify that the statements made in this Petition for Bifurcation 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. -~~~~. NATALIE ANNE TAYLO , Petitioner Date: j/;ff~ - 5 - CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on January 28,2003, I served a true and correct copy of the foregoing Bifurcation Petition upon Defendant's Attorney, P. Richard Wagner, Esquire, by fax and by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Respectfully submitted, (I ~: -' - "."r . .' ....~ - .-:: ..~s:.- -::~. \r-c~ .....) t~~) ,- ~.~, .}"(:) ~/,;;;", \ \\ -..!'" -;;;- <.;9. ..~.... "-:~ (}) \:~ ~:..:. :,-' / / en ;-.) ,~; ;'::::.iZ~\ :;c: 'z:. -.... .,..t.. \..0 .' '":? ~ --------.----- ---- ---- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATALIE ANNE TAYLOR, Plaintiff v. : NO. 01-360l CIVIL TERM WILLIAM TAYLOR, Defendant : CIVIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on January 29, 2003, I served a true and correct copy of the Plaintiffs Amended Complaint in Divorce upon P. Richard Wagner, Esquire, Attorney for Defendant, William Taylor, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Respectfully submitted, ~ t G. DCLIFF, ESQUI . ale Road Camp Hill, P A 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff () c::: ::?"'" ;:'C: ~;:: tn'" -~ . ~i- "-<'''''--'-''',~""---'"'-_._--,...,''"-----~.~- =2 ~ C-) C:::] c; I -" 1'''1 ;.3:) N -I') :...."..".,. :::> ':..'0 (..0 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff v. : NO. 01-3601 CIVIL TERM WILLIAM T AYLOR, Defendant : CIVIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on January 29, 2003, I served a true and correct copy of the Plaintiffs 3301(d) Affidavit upon P. Richard Wagner, Esquire, Attorney for Defendant, William Taylor, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Respectfully s~ DCLIFF, ESQUIRE ( 448 Trindl oad Camp Hill, P A 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff c. ~.......";' o ('- '::f: -CCi.-' ~,\:': ~. ~- ,"::l'r'" 1& \~~: Y,-_.. '-7 -:..'.:\ :4 ,.~ ;..... ;.0 ".) .-l ..--------.'. -- -0 -.~'~ ..-"" r.? "? (;) - In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION NATALIE A. TAYLOR ) Docket Number 01-3601 CIVIL Plaintiff ) VS. ) PACSES Case Number 487105227 WILLIAM S. TAYLOR ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 12TH DAY OF MARCH, 2003 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or GY Other ALIMONY PENDENTE LITE filed on JANUARY 29, 2003 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER REQUEST FOR ALIMONY PENDENTE LITE CONFERENCE. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: RJ Shadday xc: plaintiff defendant P. Richard Wagner ~ Esquire Diane Radcliff~ Esquire ------- ~E.~ JUDGE Service Type M Form OE-506 Worker ID 21005 () c ("::-1 '. . c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant APL ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached Petition for Alimony Pendente Lite, it is hereby directed that the parties appear before , the Domestic Relations Conference Officer on at o'clock .m. at the Domestic Relations Office located at 13 North Hanover Street, Carlisle, Pennsylvania for a conference, after which the Conference Officer may recommend that an Order for Alimony Pendente and interim counsel fees and costs be entered. Your are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed. (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this Order, completed as required by Rule 191-.11CQ) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the court may issue a warrant for your arrest. FOR THE COURT Date of Order: Conference Officer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant RE: BIFURCATION PETITION PETITION FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this _ day of , 2003 , comes the Petitioner, Natalie Anne Taylor, who files the this Petition for Alimony Pendent Lite and respectfully represents that: 1. Your Petitioner, Natalie Anne Taylor, is the Plaintiff in the above-captioned matter. (Petitioner is hereafter referred to as "Wife"). Wife resides at 1755 Tarry Hall Road, Millersburg, PA.17043. 2. Your Respondent, William Taylor, is the Defendant in the above-captioned matter. Respondent is hereafter referred to as "Husband"). Husband resides at 455 south York Street, Mechanicsburg, PA 17055. 3. The parties were married on October 13, 1989 and were separated on January 29, 2001. 4. The Complaint in Divorce was filed by Wife on June 11, 2001. An Amended Complaint in Divorce was filed by Wife on January 29,2003 raising the following claims: a. Divorce under either Section 3301@) or Section 3301(d) on the basis that the marriage is irretrievable broken; - 1 - YOUR HAVE THE RIGHT TO A LAWYER, WHO MA Y ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. FOR THE COURT: COURT ADMINISTRATOR - 2 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant RE: BIFURCATION PETITION PETITION FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this -a3t-Of ,2003, comes the Petitioner, Natalie Anne Taylor, who files the this Petition for Alimony Pend t Lite and respectfully represents that: 1. Your Petitioner, Natalie Anne Taylor, is the Plaintiff in the above-captioned matter. (Petitioner is hereafter referred to as "Wife"). Wife resides at 1755 Tarry Hall Road, Millersburg, PA.17043. 2. Your Respondent, William Taylor, is the Defendant in the above-captioned matter. Respondent is hereafter referred to as "Husband"). Husband resides at 455 south York Street, Mechanicsburg, P A 17055. 3. The parties were married on October 13, 1989 and were separated on January 29, 2001. 4. The Complaint in Divorce was filed by Wife on June 11, 2001. An Amended Complaint in Divorce was filed by Wife on January 29,2003 raising the following claims: a. Divorce under either Section 3301@) or Section 330l(d) on the basis that the marriage is irretrievable broken; - 1 - b. Equitable distribution. c. Alimony pendente lite; d. Counsel fees and costs. 4. Husband has not sufficiently provided support for Wife. 5. Wife is not on a financial par with Husband in prosecuting and/or defending this Divorce Action, and is unable to support herselfin accordance with the standard of living established during the marriage. 6. This Petition is filed to secure the entry of an Order on the Plaintiffs claim for Alimony Pendente Lite. 7. A background information sheet pertaining to this claim for Alimony Pendente Lite is being filed with Domestic Relations concurrently herewith as required by Local Rules of Court. 8. The amount of Alimony Pendente Lite requested by the Petitioner is the maximum amount provided for under the guidelines. WHEREFORE, Petitioner prays that the Court enter an Order: a. Requiring the Respondent to pay the Petitioner Alimony Pendente Lite in the maximum amount provided for by law under the state support guidelines; b. Requiring the Respondent to provide medical insurance and support for the Petitioner. Respectfully submitted, \ DCLIFF, ESQUIRE 448 Tri oad Camp Hill, PA 17011 Supreme Court rD # 32112 Phone: (717) 737-0100 Fax: (717) 975-0695 Attorney for Petitioner - 2 - VERIFICATION I verify that the statements made in this Petition for Alimony Pendent Lite 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. tl~kJ.-u ~ Y4-rJ NATALIE ANNE TAYLOR U' If /~ /~3- I DATE: - 3 - Page 4 CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on January 29,2003, I served a true and correct copy of the Petition for Alimony Pendente Lite upon the Defendant's Attorney, P. Richard Wagner, Esquire, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Respectfully submitted, .----. ---"'" I ! I I \ '- \ {\ , , \: AN~&' 'DCLIFF: ESQUIRE 3448 Trindle oad \ Camp Hi , PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 (') <> ,-.;::) -<. -::> ,-/ "" . .t- ~ r: ~~ n-;,;.. 2- .,."--: '.'i "--" > ~ ;~ ~~:~~; :~'~ ~ o -0 b ""'....., '.- ~.......* ;..;.;.- I') ~D ., 1-"0_/ ~ ~. ) ~.~ ;.D .- "';:--" r .~:. ~rl .~ 1> ~ ? .- ------ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, Plaintiff NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW V. IN DIVORCE WILLIAM TAYLOR, Defendant NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on January 29, 2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. Section 4904 relating to unsworn falsifications to Date: / h 105 I I authorities. ~~It~ Natalle Anne Taylor (') C -o~ rnf<i :;~ ."-, Z~ ~ ~~C) ~(~-~ ~:2 S! o W t_ ~ r-,) lj;:) ~:J I.D :::> fv C) -n .c _ j :::':1 >.. ::.;:; -< ---------------- .' '" NATALIE ANNE TAYLOR, * IN THE COURT OF COMMON PLEAS Plaintiff, * ~umb(,I{lnd COUNTY, PENNSYLVANIA * VS. * No. DI - 3~o\ * WILLIAM TAYLOR, * CIVIL ACTION LAW Defendant * IN DIVORCE PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, NATALIE ANN TAYLOR, in the above captioned matter without prejudice. /( Date: :5 ' ;J 3. (};;-.. PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiff, NATALIE TAYLOR, in the above captioned matter. Dale: "5 (.ud n \, ~-".... .-' ~ ~-"'---~.", 0 0 c.) ~; ; ~'.) N f_j ~ ..- ~ i C f' .. V1 .','-,. tV ,) \"i ~<- I .....> ~ ; - NATALIE ANNE TAYLOR, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, * PENNSYLVANIA * VS. * No. 01-3601 * WILLIAM TAYLOR, * CIVIL ACTION LAW Defendant * IN DIVORCE PRAECIPE FOR WITHDRAW OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, NATALIE ANN TAYLOR, in the above captioned matter without prejudice. Dale:# L---- ~ Edward J. Weintraub, Esquire PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiff, NATALIE TAYLOR, in the above captioned matter. Dale: ~I ~ / . o r-3 ~ <:::../ C) ,;..~ :::0; -:-;--., VI ~ "0 -3 :'-~~,:; i""'.:; c--;;::: -;-..- \~~ ~'"-:' '...,') ( ;') /' lr 11/ 100- NATALIE ANNE TAYLOR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. : NO: 01-3601 : CIVIL TERM WILLIAM TAYLOR, : IN DIVORCE Defendant. HUSBAND'S PRE-TRIAL STATEMENT I. FACTS: Husband and Wife were married October 13, 1989, in Harrisburg, and separated January 29, 2001. The parties separated because of a PF A, however, the PFA was entered as a result of Husband finding the Wife in the backseat of Wife's vehicle with another man at Kokomo's engaged in sexual intercourse. The divorce has been bifurcated and it is believed that the Wife has remarried to a Dr. Acri. The Wife is employed part-time with the Halifax School District, and Husband is a legislative aide with the House of Representatives. The parties have three (3) children born to the marriage, Katerine, Eden, and Brooke. Husband currently pays child support in the amount of $870.00 per month through the Court of Common Pleas of Cumberland County. ll. ASSETS: In 1990, the parties purchased property in Wormleysburg, Pennsylvania, the cost of which was approximately $55,000.00. There is a mortgage on that property. In 1996, the parties purchased a second property in Camp Hill and moved to the Camp Hill property. Actual settlement on the Camp Hill property occurred while Husband was incarcerated as a result of a Dill. Unbeknownst to the Husband, the Deed to the Camp Hill property was put in the name of the Wife's parents. The parties continued to own the W ormleysburg property, and rented the same with the rental payments being applied to the mortgage on the Camp Hill property. During the time that the mortgage on the Camp Hill property was being paid by the rent from the W ormleysburg property, Husband was paying the mortgage on the Wormleysburg property. -2- The rental and the purchases were "engineered" by Wife's father who also was listed as a signer on the parties' bank accounts. For example, on the day of separation, the father-in-law closed out the account by writing a check to himself for the total amount of the proceeds in the parties' bank account. Moreover, just recently, Husband was wage attached to pay the taxes on the Camp Hill property, even though it is alleged that the Camp Hill property is owned by the in-laws. There is limited household personal property between the parties. m. PENSIONS: Husband has a pension through SERS which is valued at approximately $18,000.00. IV. INCOME AND EXPENSES: Husband will file an Income and Expense Statement which is incorporated herein by reference. -3- v. PROPOSED RESOLUTION: Husband shall retain his pension and receive 50% of the net equity in both the W onnleysburg property and the Camp Hill property. In the alternative, Wife's father-in-law must account for all the rental monies received from the W onnleysburg property that were applied to the mortgage on the Camp Hill property. Respectfully submitted, Mancke, Wagner & Spreha Byg P. Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Husband Date: ~/ /3 J b::; I I -4- CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, and SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 By (~) r.y: ~d)~ Debra K. Spinner, Secretary MANCKE, WAGNER, & SPREHA 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Husband DATE: t//Jj03 I . NATALIE ANNE TAYLOR, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 01-3601 v. : CIVIL TERM WILLIAM TAYLOR, : IN DIVORCE Defendant INVENTORY OF WILLIAM S. TAYLOR Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn f sifi ton to ~uth~ ~1~~ William S. Taylor, Defenda t ~~::r, Esquire I.D. #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Husband .~ Date: C/ilJ1/03 f I ASSETS AND LIABIL,ITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: (x) 1 . Real property and Real Estate Mortgages (x) 2. Motor vehicles and Vehicle Liens ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of Deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life Insurance policies ( ) 10. Annuities () 11 . Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business ( ) 16. Employment termination benefits-severance pay, worker's compensation ( ) 17. Profit sharing plans (x) 18. Pension Plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty ( ) 26. Other assets (x) 27. loans, Credit Cards and other Debts SECTION I MARITAL ASSETS AND DE-BTS THE FOLLOWING IS A LISTING OF THE MARITAL ASSETS AND DEBTS OF THE PARTIES: MARITAL ASSETS AND DEBTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE Value Mortgage 6.8.90 103 N. 2nd Street Wormleysburg, PA /I 2nd Mortgage Net Equity 55,900.00 55,900.00 Comments: This property was acquired on 6/8/90 for $55,900.00. Husband paid the mortgage and taxes from the date of acquisition until the date of separation on 1/29/01. ITEM 1 (REAL ESTATE #2) 63 N. 31st Street Camp Hill, PA 17011 127,000.00 ,; MARITAL ASSETS AND DEBTS DESCRIPTION OF PROPERTY OR LIABILITY /I Mortgage /I 2nd Mortgage Net Equity DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE (17,656.06) 109,343.94 109,343.94 Comments: This property was acquired while the Husband was in jail on a DUI. The parties moved into this property shortly after acquisition. The mortgage was paid by using proceeds from item 1 real estate when it was rented to other parties. On June 14,1996, when this property was acquired, Husband and Wife moved into the property. The Wormleysburg property was then rented to another party. The rent was collected by Wife's father and was used to pay the mortgage on the Camp Hill property. There has never been an accounting by Wife's father of all the rents that he received on the Wormleysburg property, nor has there been any kind of accounting for other monies that he took from Husband. (Examples of checks payable to himself from Husband's account will be produced at the time of the hearing.) Wife's 1991 Caravan /I Vehicle Loan Net Value Comments: 0.00 0.00 0.00 DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE ITEM 2 (VEHICLE #2 Husband's 1897 Ford Truck 1/ Vehicle Loan Net Value MARITAL ASSETS AND DEBTS VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO WIFE PROPOSED DISTRIBUTION TO HUSBAND 0.00 0.00 0.00 Comments: Needs transmission. Will be disposed of after Citi Financial is paid off since they hold the lien. ITEM /I (VEHICLE #3) I/'s 1/ Vehicle Loan Net Value Comments: ITEM /I (VEHICLE #4) Irs /I Vehicle Loan Net Value Comments: ITEM 1/ (VEHICLE #5) I/'s 1/ Vehicle Loan Net Value Comments: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 MARITAL ASSETS AND DEBTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ITEM 11 (REnREMENT#1) SERS 18,800.00 18,800.00 Comments: See the attached SERS indicating the value of the retirement account is $18,799.80. Husband is unaware of where Wife obtained the number set forth in her Inventory. ITEM 1/ (REnREMENT #2) 0.00 Comments: ITEM 1/ (RETIREMENT #3) 0.00 Comments: ITEM 1/ (RETIREMENT #4) 0.00 Comments: ITEM 1/ (RETIREMENT #5) 0.00 Comments: ITEM 1/ (RETIREMENT #6) 0.00 MARITAL ASSETS AND DEBTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE ITEM 1/ (DEBT 11) 0.00 Comments: Evidence will reveal that Mr. Blaine unilaterally collected the rental monies fro the Wonnleysburg property, applied them to the Camp Hill mortgage, during which time Husband was still paying the mortgage on the Wonnleysburg property. Mr. Blaine has yet to provide an accounting of all the monies that he received for the last seven (7) years, but it is believed to be in excess of $38,000.00. In addition, the taxes on the Camp Hill property were not paid by Mr. Blaine, and Husband was assessed the taxes on the property and his wages were garnished as is evidenced by his paycheck. ITEM 1/ (DEBT #2) 0.00 Comments: ITEM /I (DEBT #3) 0.00 Comments: ITEM /I (DEBT 114) 0.00 Comments: ITEM /I (DEBT #5) MARITAL ASSETS AND DEBTS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE Amount Due in 40/60 Division Adjustment Figure for 40/60 73,617.58 73,617.58 110,426.36 110,426.36 NOTES: 1 . The adjustment figures are for illustration purposes only and are not to be deemed a representation on the part of the Plaintiff/Defendant as to whether an adjustment should be made or the amount of the adjustment, if appropriate. - - - , , , . CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, and SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 By AJdw ..J:',. JPL~ Debra K. Spinnef, Secretary MANCKE, WAGNER, & SPREHA 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Husband DATE: .///1 J tJ3 I I NATALIE ANNE TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-3601 CIVIL TERM WILLIAM SAMUEL TAYLOR , Defendant CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT SUBMITTED BY: Full Name of Defendant:William Samuel Taylor Age :44 Present Address 427 S. York Street Telephone No.766-7094 Mechanicsburg, PA 17055 Status of Defendant's Health (Be Specific) Good Name and Address of Defendant's Employer: PA House of Representatives Ma1n Cap1tal BU11d1ng Harrisburq, PA 17120 Length of Service With This Employer: 17 Years BiWeekly Monthly Yearly Gross Earned Income $1497.00 Gross Earned Income Total Gross Income $1497.00 Deductions: Federal $132.62 State Inc. Tax $41. 92 $14.97 -0- F.I.C.A. Hosp/Med. Ins. Other Income -0- Dividends -0- Rents: Royalties: Expense Account: Gifts: Unemployment Compensation: Current Expenses: Home: Mortgage Maintenance: Utilities: Electric Gas Oil Weekly Monthly Yearly $200.00 Weekly Monthly Yearly Telephone Water Sewer Employment: Public Transportation Lunch Taxes: Real Estate Personal Property Income Insurance: Home Owners Automobile Life Accident Health Other Weekly $30.00 Monthly $60.00 $70.00 Yearly $540.00 Automobile: Medical: Education: Weekly Payment Fuel $40.00 Repairs Doctor Dentist Orthodontist Hospital Special Needs (Glasses, Braces) Private School Parochial School College Religious Monthly $100.00 Yearly Weekly Personal: Clothing Food $40.00 Barber/Stylist Credit Payments Credit Cards Charge Accounts Memberships: Loans: Credit Union line of credit *Citi Financial Miscellaneous: Household help Child Care Papers/Books/Magazines Entertainment Pay TV Vacation Monthly $240.00 Gifts *Home Repairs Improvements at 63 N. 31st Street 16'x20' Deck 20'x24'Concrete Patio Privacy Fence Around Back Yard Furniture Vacation to Florida $10,000.00 Balance Yearly Legal fees Charitable Contributions Other Child Support Alimony Payments Other: TOTAL EXPENSES: Bi-WeekJ.y $402.00 $ $ $ Explain Fully All Entries Above: Defendant's Current Income: SEE ATTACHED Gross Earned Income Gross Unearned Income Total Gross Income Deductions Federal State Income Tax F.I.C.A. Hosp/Medical Insurance Pension/Profit Sharing Savings Bonds (None) Other Child Support Total Deductions Other Income: Interest Divideds Pension Annuity social Security Per Pay $1497.00 $1497.00 $132.62 $41. 92 $14.97 Weekly Monthly $92.81 - Social Security Tax $21.71 - Medicare Tax $93.56 $402.00 $799.59 Yearly If Defendant is not Emploved, Explain Fullv: Defendant's Education, Training and Skills: High School Graduate VERIFICATION I verify that the statements made in this foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. . Image 1 Page 1 of 1 Image 1 http://comrcwebmailn02/servletlwebacc/nyqkTpkjjrAi/GW API AREF/l ?action=Attachment.V... 2/27/03 - Image 1 Page 1 of 1 Image 1 .. " i;; _-i ;:;~ RU :.t~ ~lJ "~ http://comrcwebmailn02/servletlwebacc/nyqkTpkjjrAilGWAP 1 AREF 12?action=Attachment. v... 2127/03 - Image 1 Page 1 of 1 Image 1 http://comrcwebmailn02/servlet/webacclnyqkTpkjjrAi/GW API AREF 13 ?action=Attachment.v... 2/27/03 COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSTEM HARRISBURG REGIONAL COUNSELING CENTER 30 NORTH THIRD STREET, ROOM 319 HARRISBURG, PA 17101 717 783-9065 \-800-633-546\ FAX: 7\7-783-9599 www.sers.state.pa.us June 26, 2002 WILLIAM S. TAYLOR 427 S. YORK ST. MECHANICSBURG P A 17055 SSN 194-52-1745 Dear Mr. Taylor: Enclosed per your request, please find an estimate of the value of your retirement account as of 01/29/2001. Also, please find information concerning SERS' requirements for Domestic Relations Orders. You should give this information to your attorney for review. If the attorney has questions, he/she can contact our Legal Division directly. I trust this information will be satisfactory for your needs. Sincerely, /~~Jcf0.-J~ U-ime Kuklish Regional Manager Harrisburg Regional Counseling Center COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSTEM HARRISBURG REGIONAL COUNSELING CENTER 3Q NORTH THIRD STREET, ROOM 319 HARRISBURG, PA 17101 TELEPHONE: (717) 783-9065 FAX: (717) 783-9599 TOLLFREE: 1-800-633-5461 www.sers.state.pa.us June 26, 2002 SSN# 194-52-1745 WILLIAM S TAYLOR 427 S YORK ST MECHANICSBURG PA 17055 Dear Mr. TAYLOR: The following information was used to calculate your retirement benefit estimate: Proposed Date of Retirement: 01/29/2001 Total State Service (current service period) 14.6818 Final Average Salary SSI Credited Service Frozen Present Value Frz Present Value Debt Frozen Service Credits Other Debts Total School Service 0.0000 $30.464.97 $0.00 $0.00 0.0000 $0.00 Your Birth Date 09/02/1958 Survivor's Birth Date Your Sex M Survivor's Sex Total Account Balance: $18,799.80 Non-Taxable Contributions: $0.00 Previously Taxed Contributions made after 12/31/86: $0.00 Total Service Credits = 14.6818 (Breakdown listed Below) (Total excludes SSI service - class S) Service: Credits 14.6818 Class AA Special Comments: Frozen Credits 0.0000 The following pages will provide you with various estimate amounts and a brief description of each option. For a more detailed explanation of your retirement benefits and options, you should refer to your State Employees' Retirement System Member Handbook or talk with your retirement counselor. Please remember that many factors affect the computation of a retirement benefit. Changesto your years of service, Final Average Salary, retirement date and debts applied to your account can change your benefit amount. This estimate is based on the information as it appears above. The actual computation of your retirement benefit will use the final information available after your employment with the Commonwealth has been terminated. EST04 1111111111111111I11111111I111111111111111111111111I11111111I1111111111 . On the following page you will find an explanation of each option plan followed by estimate amounts for that option plan under different withdrawal of contribution and interest options. You will first see the estimate amount with NO withdrawal. Then you will see the estimate for a PARTIAL WITHDRAWAL, or ONLY NON-TAXABLE contributions. The last estimate amount for each option plan will be with a TOTAL withdrawal. Under current law, you may withdraw a lump sum from your account or in payments of up to four installments and receive a reduced or adjusted annuity. Federal tax law allows you to directly transfer your taxable contributions into an "IRA" type of account. The total amount of your withdrawal cannot exceed your total contributions and interest. WHEN WITHDRAWING NON-TAXABLE CONTRIBUTIONS, THEY MUST BE TAKEN IN ONE PAYMENT WITH YOUR INITIAL ANNUITY CHECK, TO BE TREATED AS NON.TAXABLE. NON-TAXABLE CONTRIBUTIONS NOT WITHDRAWN AT RETIREMENT AND PREVIOUSLY TAXED CONTRIBUTIONS MADE AFTER 12/31/1986, ARE TREATED AS TAXABLE AT THE TIME OF RECEIPT, HOWEVER YOU WILL RECEIVE AN ANNUAL EXCLUSION ON YOUR 1099R FORM EACH YEAR UNTIL THE TOTAL AMOUNT OF YOUR PREVIOUSLY TAXED CONTRIBUTIONS HAS BEEN RECOVERED. ** Please remember that all option plan elections are final and binding. However the law does permit retirees who have elected an Option 2 or Option 3 type survivor benefit plan to change their option/survivor under certain specific circumstances: 1) Your designated survivor predeceases you. 2) You divorce your designated survivor. 3) You marry after the date of your retirement. Should any of these circumstances occur you should contact your regional retirement counseling center. After receiving appropriate counseling you may elect to keep your check the same or elect a new option plan. Your monthly annuity would then be recalculated based on your new option election and your age as well as the age and sex of the new survivor. IN ADDITION TO THE FIXED OPTION PLANS DISCUSSED IN THIS ESTIMATE LETTER, THE STATE EMPLOYEES' RETIREMENT CODE ALSO PERMITS A MEMBER TO DESIGN HIS OR HER OWN RETIREMENT OPTION PLAN. UNDER SPECIAL OPTION 4, A MEMBER MAY DESIGN THE BENEFIT PLAN (OPTION) THEY DESIRE AND SUBMIT THE PLAN, THROUGH THEIR RETIREMENT COUNSELOR, TO THE SERS ACTUARY. THE ACTUARY WILL APPROVE OR DISAPPROVE THE PLAN BASED ON ITS ACTUARIAL EQUIVALENCY. SEVERAL RESTRICTIONS DO APPLY. MEMBERS ARE ENCOURAGED TO ASK THEIR RETIREMENT COUNSELOR FOR INFORMATION CONCERNING THESE BENEFITS AND SUBMIT ANY REQUEST AS EARLY AS POSSIBLE. If you wish payments to be effective the day after your employment terminates (termination date as provided by your agency), the Retirement Code requires that you file an Application for Annuity no later than 90 days after the date of your termination from employment. Applying after the 90 days will result in your benefit being effective the date your Annuity Application is filed with the SERS. We require a certified copy of your Birth or Baptismal Certificate be attached to the application as well as one for your named Survivor if you are electing an Option 2 or Option 3 type retirement plan. Should you have any questions, please contact me at the telephone number listed on the first page of this estimate letter. EST04 1111111111111111I11111111I111111111111111111111111I11111111I1111111111 WILLIAM 5 TAYLOR ESTIMATED BENEFITS - STANDARD OPTIONS ' 194-52-1745 MAXIMUM SINGLE LIFE ANNUITY WITHDRAWAL MONTHL Y I AMOUNT BENEFIT This plan provides the maximum amount none $333.96 i each month for life. If you die before receiving in i - payments an amount equal to your contributions $0.00 $333.96 as they were at the time of retirement, the (partial) balance will be paid to your beneficiary(ies). You may name one or more beneficiaries at any time. $18,799.80 $248.72 (total) I OPTION 1 ANNUITY WITHDRAWAL MONTHLY PRESENT VALUE I This plan provides a reduced retirement AMOUNT BENEFIT TERM OF VALUE allowance. In addition to monthly payments none $325.65 $73,657.70 for life, a value is placed on your retirement 18.8489 yrs account called the PRESENT VALUE. All payments to you are subtracted from the $0.00 $325.65 $73,657.70 Present Value. Any balance remaining at I your death will be paid to your beneficiary(ies). (partial) 18.8489 yrs You may name one or more beneficiaries and $18,799.80 $242.53 $54,857.90 may change beneficiaries at any time. (total) 18.8492 yrs I OPTION 2 ANNUITY WITHDRAWAL MONTHLY SURVIVOR This plan provides a reduced retirement allowance AMOUNT BENEFIT BENEFIT for life. The amount of reduction is based on your age and the age and sex of the person named none $0.00 $0.00 as your Designated Survivor Annuitant. Only one person may be named as your Designated $0.00 $0.00 $0.00 Survivor Annuitant. At your death, that person will (partial) continue to receive for life the same monthly amount as was paid to you, in addition to any $18,799.80 $0.00 $0.00 outstanding amounts payable to you. (total) OPTION 3 ANNUITY WITHDRAWAL MONTHLY SURVIVOR This plan provides a reduced retirement allowance AMOUNT BENEFIT BENEFIT for life. The amount of reduction is based on your age and the age and sex of the person named as your Designated Survivor Annuitant. Only one person may be named as your Designated Survivor Annuitant. At your death, that person will continue to receive for life one half of the same monthly amount as was paid to you, in addition to any outstanding amount payable to you. $0.00 $0.00 none $0.00 $0.00 $0.00 (partial) $18,799.80 (total) $0.00 $0.00 EST04 1111111111111111I11111111111111111111 11111 IllIf lUll 11111 UlII 1111 fill .~ ~~X3ISLATIVE MANAGEMENT cnvlt4 (R) if Payroll Name 02/04/03021d~/03 194-52-1745 002< Peri od End PaYI~ate Soe See Num 01-42-92-02-3 Appropriation I -.0,1 EMPLOYER PAlO BENEFITS DEDUCTIONS EARNINGS' I THIS PAY YTD THIS PAY YTD THIS PAY YTD 1,497.00 4,417.00 SS/MED 114.52 337.90 HIT 132.62 387.46 1,403.44 4,140.94 M/H 43o.CO 1,290.00 SOC SEC TAX 92.81 273.85 1,497.00 4,417.00 LI FE 9.27 18.54 MEDICARE TAX 21.71 64.05 '1,49/.00 4,417.00 DVP 176. (.'U 528.00 STATE TAX 41.92 123.68 1,497.00 4,417.00 LOCAL TAX 14.97 44.17 OPT-HBG 10.00 10.00 UCC .30 .88 620.34 TX SHT RET 93.56 276.06 GARNISHMENTS 468.77 1,339.08 I I GROSS nIT WAGES SS WAGES MED WAGES RET WAGES NET PAY , william S. Taylor 427 S York Street MechanicFburg, PA 17055 - A J I . CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, and SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 By f1A K, A" I / . ~ < 1 t-&..) , .' r VrWLV_..- Debra K. Spinner, Secretary MANCKE, WAGNER, & SPREHA 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Husband DATE: -7/1/63 I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0/1\101"1 NATALIE ANNE ACRI formerly NATALIE ANNE TAYLOR, Plaintiff V. NO. 01-3601 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WILLIAM TAYLOR, Defendant PLAINTIFF'S PRE-TRIAL STATEMENT Plaintiff, Natalie Anne Taylor, by her attorney, Diane G. Radcliff, Esquire files this Pre-Trial Statement. TABLE OF CONTENTS SECTION DESCRIPTION PAGE I. BACKGROUND INFORMATION 2 II. LISTING OF MARITAL ASSETS AND DEBTS 7 III. LISTING OF PERSONAL PROPERTY 12 IV. LISTING OF MARITAL DEBTS 13 V. PENSIONS 14 VI. LISTING OF NON-MARITAL ASSETS AND DEBTS 15 VII. INCOMES AND EXPENSES 17 VII I. COUNSEL FEES AND COSTS 22 IX. EXPERT WITNESSES 23 \ X. OTHER WITNESSES 24 XI. PROPOSED RESOLUTION 25 XII. LISTING OF PROPOSED EXHIBITS 26 Respectfully Submitted, DATED: e, III ~63 I nn Ie oad C . , 17011 Phone: (717) 737-0100 Fax: (71'7) 975-0697 Supreme Court ID # 32112 - SECTION I. BACKGROUND INFORMATION HUSBAND Name Natalie Anne Acri X William Samuel Taylor (First. Middle, Last) (formerly Natalie Anne Taylor) Maiden Name Natalie Anne Blaine Home Phone 717 -692-3009 717-766-7094 Cell Phone No. 717-215-8892 717-877-8191 Work Phone No. None Social Security Number 202-46-5070 194-52-1745 Address 755 Tarry Hall Road 455 South York Street (Including County) Millersburg, PA 17061 Mechanicsburg, PA 17055 Perry County X Cumberland County Names and Relationship of Persons Katherine J. Taylor (Daughter) Mother Living with Party Eden D. Taylor (Daughter) Sister Brooke A. Taylor (Daughter) Brother Joseph Acri (Husband) X Date Party Moved into this 8/10/02 1/29/01 Residence Date PA Residency Began Entire Life (except college) Entire Life Age 39 44 Date of Birth January 25, 1964 September 2, 1958 Place of Birth West Lawn, Pennsylvania Halifax, Pennsylvania Race Caucasian Caucasian Health Status Poor Good Educational Background College: BA High School Graduate Current Military Service N/A N/A Employer's Halifax School District House of Representatives Name and Address Occupation (Job Position) Part Time substitute Teacher Legislative Aid Date Employment Commenced Currently unemployed 1987 Est. Income $0.00 to $1,300.00 - 2,000.00 per $36,600.00/yr year. Currently Wife's health X prevents her employment. Grounds for Divorce Prior Divorce Actions Between Parties Number of this Marriage for Wife Number of this Marriage for Husband October 13, 1989 Harrisburg, Dauphin County, Pennsylvania January 29, 2001 Domestic Violence - PFA Order entered January 2001. Husband was removed from home. Criminal charges filed. Wife dropped charges to get support. 3301 D - 2 year separation o 1 2 Date of Marriage Place of Marriage Date of Separation Statement of Marital Problems NAME AGE DATE OF BIRTH CUSTODIAN OR EMANCIPATION Katherine J. Taylor Eden D. Taylor Brooke A Taylor 12 11 7 September 14, 1990 November 18, 1991 June 2, 1996 Mother Mother Mother Name of Party Paying Support Beneficiaries of Support Allocation Agreement or Order Date of Agreement or Order Docket Number of Support Order William Taylor Katherine J. Taylor, Eden D. Taylor, Brooke A Taylor $870.00 per month or $405.00 biweekly Order March 12,2001 00118 S 2001 PARTY NUMBER OF MARRIAGE 1 DATE OF TERMINATION MANNER OF TERMINATION WILLIAM TAYLOR Unknown Divorce None N/A N/A N/A CUSTODIAN OR EMANCIPATION N/A PARTY NAME OF CHILD DATE OF BIRTH AGE Name of Party Paying Support N/A N/A Beneficiaries of Support N/A N/A Allocation N/A N/A Agreement or Order N/A N/A Date of Agreement or Order N/A N/A Docket Number of Support Order N/A N/A Comments: N/A N/A 1. COMPLAINT Date of Filing of Complaint June 11, 2001 Date of Service June 18, 2001 Manner of Service Acceptance of Service by Defendant's Counsel Type of Divorce Requested 3301(c) and 3301(d) No-Fault Economic Claims Raised Equitable Distribution Date of Filing of Amended Complaint January 29, 2003 Date of Service January 29, 2003 Manner of Service Regular mail upon Defendant's Counsel Type of Divorce Requested 3301(c) and 3301(d) No-Fault Economic Claims Raised Equitable Distribution; APl Alimony; Counsel Fees 2. ANSWER, COUNTERCLAIM OR OTHER PLEADING RAISING ECONOMIC CLAIMS Type of Pleading Date of Filing of Pleading Type of Divorce Requested Economic Claims Raised None N/A N/A N/A 3. INCOME AND EXPENSE STATEMENTS Date of Filing of Plaintiff's I&E Statement March 21, 2003 Date of Filing of Defendant's I&E Statement Not filed 4. INVENTORIES Date of Filing of Plaintiff's Inventory May 23, 2003 Date of Filing of Defendant's Inventory Not filed 5. 3301 C DOCUMENTS N/A N/A N/A N/A N/A N/A N/A N/A Date of Plaintiff's 3301 (c) Affidavit Date of Filing of Plaintiff's 3301(c) Affidavit Date of Defendant's 3301 (c) Affidavit Date of Filing of Defendant's 3301 (c) Affidavit Date of Plaintiff's 3301(c) Waiver of Notice Date of Filing of Plaintiff's 3301(c) Waiver Date of Defendant's 3301 (c)waiver of Notice Date of Filing of Defendant's 3301 (c) Waiver 6. 3301 D DOCUMENTS Date of separation January 29, 2001 Manner of separation (in house or physical) Physical Date of expiration of 2 year separation period January 29, 2003 Date of Plaintiff's 3301(d) affidavit January 29, 2003 Date of filing of Plaintiff's 3301(d) affidavit January 29, 2003 Date of service of 3301 (d) affidavit January 29,2003 Manner of service of 3301(d) affidavit Certified Mail upon Attorney for Defendant Date of Plaintiff's notice of intent to request entry of 2/26/03 Divorce Decree and 3301(d) counter-affidavit Date of service of Plaintiff's notice to request entry of 2/26/03 Divorce Decree and 3301(d) counter-affidavit Manner of service of Plaintiff's notice to request Regular mail on Defendant's Attorney entry of Divorce Decree and 3301(d) counter-affidavit 7. BIFURCATION Has the case been bifurcated? Yes Date of order granting bifurcation March 21, 2003 If bifurcation granted by consent or after hearing By Consent Date of Divorce Decree March 26, 2003; Amended April 21, 2003 8. PREVIOUSLY RESOLVED ISSUES Issue Resolved Divorce & APL Resolution Divorce Decree granted on 1/; APL claim withdrawn SECTION II MARITAL ASSETS AND DEBTS Rule 1920.33(b)(1): a list of the assets which may be in chart form indicating their value, the date of valuation, whether any portion is non-marital; and any liens and encumbrances thereon. The following is a listing of the assets and debts of the parties: 103 North 2nd Street Wormleysburg, PA Tax #47-20-1858-029 @55,060.00 Mortgage 12.31.02 balance @17,656.06 Net Equity Half of Equity for 50% Ownership @ $18,701.97 (37,403.94/2) Half of $1 ,107.12 Excess Down Payment Made by Wife's Parents @ $553.56 ($1,107.12/2) Net Equity after Adjustment for Wife's Parents Excess Payment of Closing Costs @ $18,148.41 Half of 2001 Rental Loss of $1,419.73 Paid by Wife's Parents @ $709.87 ($1,419.73/ 2) Half of 2002 Rental Loss of $3,201.78 Paid by Wife's Parents @ $1,600.89 ($3,201.78 / 2) Half of 2003 Rental Loss for 6 Months of $739.82 Paid by Wife's Parents @ $369.91 ($739.82/2) 7.1.02 12.31.02 18,148.41 2001 2002 2003 (369.91 ) Net Equity after Adjustment for Rental Losses Paid by Wife's Parents 2001-2003 COMMENTS FOR WORMLEYSBURG PROPERTY: 15,467.74 15,467.74 15,467.74 DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE This property was acquired on 6/8/90 for $55,900.00.,f The property is held in the joint names of the parties (50%) and wife's parents (50%). ,{ There was a $1,000.00 deposit and $6,107.12 paid in closing costs for a total of $7,107.12. ,f The remainder was financed with a mortgage in the amount of $49,900.00. ,f The closing costs were paid $3,000.00 by the parties and $4,107.12 by wife's parents, Thomas and Jean Blaine ($1,107.12 difference). ,f 7.1.00 and 1/1/02 tax assessment value is $55,060.00. ,f 12.31.00 mortgage balance I $25,874.57,f 12.31.01 mortgage balance $21,979.84.,f 12.31.02 mortgage balance $17,656.06,f Rents for 2001,{ Rent Expenses Net Before Depreciation Mortgage Principal Payments Net Loss Rents for 2002,f Rent $7,140.00 Expenses L$6,027.00) Net Before Depreciation ~1, 113.00 Mortgage Principal Payments {i4,323.781 Net [oss (-=$3,210.78) Estimated Rents for 2003 (Est.) Rent Expenses Net Anticipated Six Months of Net Loss The breakdown of the estimated expenses for 2003 are as follows: Mortgage payments =$534.08/month w/o escrows or $6,408.96/yr1 2003 County-Municipal taxes face = $208.56 ,f 2002 School taxes face = $556.11 ,f 2003 Insurance = $402.00.,f Sewer @ est. based on 2002 = $440.00,f Misc. Exp @ est. based on 2002 = $212.00,f Repairs est. based on 2002 = $392.00 ,f DESCRIPTION OF PROPERTY DATE OF VALUE OF NET PROPOSED PROPOSED OR LIABILITY VALUE ASSET OR VALUE DISTRIBUTION DISTRIBUTION LIABILITY TO HUSBAND TO WIFE ITEM 2. (REAL ESTATE 12) ( See Comments) 63 North 31 st Street 2002 127,010.00 CamCt Hill, PA 17011 Tax 01-21-0273-272 @ $127,010.00 Mortea~e balance as of 2/10/03 2.10.03 (51,298.83) @ $ 1, 98.83 Preliminary Net Equity 75,711.17 Down payment and closing 6.14.96 (18,525.79) costs paid ~ Wife's parents @$18,525. 9 Net Equity after AdJustment 57,185.38 for Relmbursemen of Down ~ayment and CloSing Costs aid by Wife's Paren s Mo~a~e, taxes and In\~aid 2/1/01- (21,749.28) b~ Ife s ~arents after D S 5/31/03 ~ /1/01-5/ 1/03) ~ $2,749.28 $776.76/mo X 2 mo) Other expenses Raid b~ Wife's 2/1/01- (2,800.00) parents after DOS &2/1 01- 6/30/03 5/31/03) est. @ $ ( 100.00/mox 28 months) Net Equity after A~ustment 32,636.10 for Mortaf~e and xpenses Paid blJ ie's parents after DOS ( /1/01-5/30/03) Cost of improvements made by (27,000.00) Wife's parents post-separation Net Equity after Adjustment 5,636.10 for Costs of Improvements Made bl1 Wife's Parents after DOS (2 1/01-5/31/03) Mo~a~e, taxes and ins. paid 8/1/96- (42,721.80) b'f: Ife s parents 7/1/96- 1/31/01 1 31/01 @ $42,721.80 ($776.76/mo x 55) Other ex~enses paid bb Wife's 6/14/96- TBD parents /14/96 - 1/31/ 1 @ 6/30/96 $TBD Net Equity after A~ustment (31,449.60) N/A N/A N/A for Mortaf~e and xpenses Paid by ie's Parents from Purchase to DOS DESCRIPTION OF PROPERTY OR LIABILITY DATE OF VALUE VALUE OF ASSET OR LIABILITY NET VALUE PROPOSED DISTRIBUTION TO HUSBAND PROPOSED DISTRIBUTION TO WIFE COMMENTS FOR CAMP HILL PROPERTY: The above information is inserted for informational purposes only based on husband's claim that this property is a marital asset. The inclusion of this information does not change wife's position that the parties have no interest in this property and it is not subject to equitable distribution. Wife and her parents, Thomas and Jean Blaine, claim this property belongs to her parents, that the parties have no interests in this property, and that this property is not subject to equitable distribution. The property was purchased by wife's parents as an investment to be able to fund the parties' children's college education. This property was acquired on 6/14/96 for $79,000.00. .{ Wife's parents, Thomas and Jean Blaine paid the $3,000.00 deposit and $15,525.79 in down payment and closing costs for a total of $18,525.79..{ The remainder was financed by a mortgage in the amount of $63,000.00 @$577.31/mo1 This property is titled in the names of wife's parents, Thomas G. Blaine and Jeanne R. Blaine..{ Wife's parents have all of the mortgage payments, taxes and insurance since date of purchase. 7.1.02.Tax assessment value is $127,010.00.{ 2.10.03 mortgage balance = $51,298.83 .{ DOS mortgage balance @ $56,798.00 Mortgage payment = $577.31 w/o escrows. .{ 2003 County-Municipal taxes = $542.71 per yr. Face ($45.23 per month).{ 2002 School taxes = $1,413.62 per yr face ($117.80 per mo.) .{ 2002 Insurance = $437.00 per yr. ($36.42 per month) Total monthly costs w/o utilities and repairs= $776.76. Utilities and normal repair costs are est. @$100.00- $130.00 per month. Since the parties' separation wife's parents have made improvements to the property @ $27,000.00+/-. ITEM 3. (RETIREMENT t1) Husband's SERS Pension 73,657.70 73,657.70 73,657.70 COMMENTS FOR SERS PENSION: 12.31.99 present value assigned by the State is $48,566.111 1.29.01. present value assigned by State is $73,657.70 including contribution account of $18,799.801 This pension has not yet been valued by an actuary. Actuarial value may be more or less than above stated amount. ITEM 5. (PERSONAL PROPERTY 11) Husband's and Wife's Household Goods N/A N/A N/A COMMENTS FOR HOUSEHOLD GOODS: Wife believes distribution should remain as is. Therefore no dollar figure has been inserted herein. Totals from above 89,125.44 73,657.70 15,467.74 Amount Due in 50/50 Division 44,562.72 44,562.72 Adjustment figure for SO/50 Division (29,094.98) 29,094.98 Totals from above 89,125.44 73,657.70 15,467. 74 Amount Due in 45/55 Division 40,106.45 49,018.99 Adjustment Figure for 45/55 Division (33,551.25) 33,551.25 Totals from above 89,125.44 73,657.70 15,467.74 Amount Due in 40/60 Division 35,650.18 53,475.26 Adjustment Figure for 40/60 Division (38,007.52) 38,007.52 I SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY Rule 1920-33(b){9): If there is a dispute as to tangible personal property, the list shall include the description, value, method of valuation, and the evidence to be submitted including documentation in support of the valuation. The following is a listing of the household goods and contents and other personal property of tile parties: (Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person). DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR EXCLUSION IF CLAIMED TO BE NON- MARITAL METHOD OF VALUATION AND SUPPORTING DOCUMENTATION ITEM 1 N/A Comments: Wife feels the distribution of household goods and contents should remain divided as is. Therefore, no information is inserted in this Section. SECTION IV. MARITAL DEBTS Rule 1920.33(b)(10): the list of marital debts shall include the amount of each debt as of date of the separation, the date on which the debt was initially incurred, the initial amount of the debt and its purpose, the amounts and dates of payments made since the date of separation and the evidence that will be offered in support of the claim. The following is a listing of the parties' marital debts: DESCRIPTION PURPOSE DATE AMOUNT OF AMOUNT OF AMOUNTS AND INCURRED INITIAL DEBT AT DATES OF POST DEBT SEPARATION SEPARATION PAYMENTS ITEM 1. Wormleysburg Purchase of 6.8.90 49,900.00 $25,874.57 See Comments Mortgage Wormelysburg (12.31.00) property Comments: The following comprises the $25,874.57 amount paid by Wife's parents set forth above: 50% of the $1,107.12 Down payment difference @ $553.56 50% of the following rental losses paid 2001-6-03 @ $2,680.67 Rents for 2001 Rent Expenses Net Before Depreciation Mortgage Principal Payments Net Loss Rents for 2002 Rent Expenses Net Before Depreciation Mortgage Principal Payments Net Loss Estimated Rents for 2003 Rent Expenses Net Anticipated Six Months of Net Loss $7,140.00 ($4.665.00) $2,475.00 ($3.894.73) (-$1,419.73) $7,140.00 ($6.027.00) $1,113.00 ($4.323.78) (-$3,210.78) $7,140.00 ($8.619.63) (-$1,479.63) (-$ 739.82) SECTION V. PENSIONS AND RETIREMENT BENEFITS Rule 1920-33(b)(7): The Pre-Trial statement shall include the value of the pension or retirement benefits and the marital portion thereof, and the facts and documentation upon which the party relies to support the valuation. The following is a listing of the pensions and retirement plans of the parties: ITEM 1 Husband's SERS Pension Comments: 73,657.70 73,657.70 State of Pennsylvania Statements This pension has not yet been appraised. SECTION VI. NON-MARITAL ASSETS AND DEBTS Rule 1920.33(b)(1 )(ii): the listing of assets shall include a list of non-marital assets, their value, the date of valuation, and any liens or encumbrances thereon. The following is a listing of the non-marital assets and debts of the parties: (Note: Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person). DESCRIPTION OWNER POSSESSOR VALUE BASIS FOR EXCLUSION METHOD OF IF CLAIMED TO BE NON VALUATION AND MARITAL SUPPORTING DOCUMENTATION ITEM 1. (REAL ESTATE #2) 63 North 31 sl Street Thomas & Thomas & 127,010.00 Owned by wife's Deed; Note; Camp Hill, PA Jean Blaine Jean Blaine parents. Mortgage; 17011 (Rental) Settlement Sheet; Tax #01-21-0273-272 Checks and the like Mortgage balance as of 2/10/03 Preliminary Net Equity Down payment and closing costs paid by Wife's parents Net Equity after Adjustment for Reimbursement of Down payment and Closing Costs Paid by Wife's Parents Mortgage, taxes and Ins. paid by Wife's parents after DOS (2/1/01-5/31/03 ) @ $2,749.28 ($776.76/mo X 28 mo) Other expenses paid by Wife's parents after DOS (2/1/01-5/31/03) est. @ $ ($100.00/mox 28 months) Net Equity after Adjustment for Mortgage and Expenses Paid by Wife's parents after DOS (2/1/01-5/30/03) Cost of improvements made by Wife's parents post-separation Net Equity after Adjustment for Costs of Improvements Made by Wife's Parents after DOS (2/1/01-5/31/03) Mortgage, taxes and ins. paid by Wife's parents - (51,298.83) 75,711.17 (18,525.79) 57,185.38 (21,749.28) (2,800.00) 32,636.10 (27,000.00) 5,636.10 (42,721.80) 7/1/96-1/31/01 @ $42,721.80 ($776.76/mo x 55) Other expenses paid by Wife's parents 6/14/96- 1/31/01 @ $TBD Net Equity after Adjustment for Mortgage and Expenses Paid by Wife's Parents from Purchase to DOS COMMENTS FOR CAMP HILL PROPERTY: Wife and her parents, Thomas and Jean Blaine, claim this property belongs to her parents, that the parties have no interests in this property, and that this property is not subject to equitable distribution. The property was purchased by wife's parents as an investment to be able to fund the parties' children's college education. This property was acquired on 6/14/96 for $79,000.00..[ Wife's parents, Thomas and Jean Blaine paid the $3,000.00 deposit and $15,525.79 in down payment and closing costs for a total of $18,525.79..[ The remainder was financed by a mortgage in the amount of $63,000.00 @$577.31/mo..f This property is titled in the names of wife's parents, Thomas G. Blaine and Jeanne R. Blaine..[ Wife's parents have all of the mortgage payments, taxes and insurance since date of purchase. Total monthly costs w/o utilities and repairs= $776.76. Utilities and normal repair costs are est. @$100.00-$130.00 per month. Since the parties' separation wife's parents have made improvements to the property @ $27,000.00+/-. SECTION VII. INCOME AND EXPENSES Rule 1920.33(b)(5)(6): The Pre-Trial Statement shall include the party's gross income from all sources, each payroll deduction, and the party's net income, including the party's most recent federal and state income tax returns and pay stubs. If the party intends to offer testimony as to his or her expenses, a current expense statement in the fonn required by the practice and procedure is support actions must be supplied. The following is Wife's Income and Expenses: PART I. INCOME Prior Employer: Address: Position: Payroll Number: Pay Period: Halifax School District Halifax, PA Substitute Teacher XXXXX5070 Biweekly DESCRIPTION Gross Pay per Pay Period FICA or Se Tax Medicare or Se Tax Federal Tax State Tax Local Tax Mandatory Retirement Voluntary Retirement Health Insurance Net Pay per Pay Period Net Pay per Month AMOUNT 320.00 (19.84) (4.64) (8.96) (3.20) 283.36 $613.95 Note: Plaintiff was off of work until mid-February, 2003 due to ill health. She returned to work on a part time basis against her physician's instructions. This employment ended as of the end of March, 2003. She will not be returning to work after that date due to health problems. Her anticipated income for 2003 from the aoove will be $1,300.00. no further income is anticipated due to health problems. DESCRIPTION MONTHLY YEARLY Interest Dividends Pensions Annuities Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workman's Compensation Income Tax Refunds Child Support 881.00 10,582.00 Commissions Tips Other Total Other Income $881.00 $10,582.00 PART II. EXPENSES Note: Expenses in "Household Column" represent expenses for the household that are shared expenses since they arere shared between plaintiff and her current husband. HOME EXPENSES: Rent First Mortgage Second Mortgage/Home Equity Loan Maintenance And Repairs Electric Gas $400.00 $1,133.00 $50.00 $250.00 $100.00 Oil Telephone Water Sewer Trash EMPLOYMENT Public Transportation Lunches Other Employment Expenses TAXES: Real Estate Taxes Personal Property Taxes Income Taxes Not Withheld Per Capita/Occupation Taxes INSURANCE: Homeowners Insurance Automobile Insurance Life Insurance Accident Insurance Health Insurance Other Insurance AUTOMOBILE EXPENSES: Payments Fuel Maintenance And Repair License And Registration MEDICAL EXPENSES Doctor Optical Dental Orthodontic $25.00 Included in mortgage $450.00 $30.00 $150.00 $42.00 $3.00 $20.00 $10.00 Hospital Medicine $30.00 Special NeedslTherapy Etc. EDUCATIONAL EXPENSES: Private School Parochial School CollegeNocational Religious Training or Education Books/Fees And Supplies Other Educational Expenses School Lunches $10.00 $120.00 PERSONAL EXPENSES: Clothing Food $600.00 $150.00 $400.00 $50.00 $41.00 $40.00 Barber And Hair Dresser Memberships Other Personal Expenses Children's activities CREDIT CARDS AND LOANS: No 1. Creditor Balance 1000 $60.00 Hecht's MISCELLANEOUS EXPENSES: Household Help Child Care Newspapers/Magazines/Books Entertainment $10.00 $75.00 Pay TV Gifts Legal Fees Charitable Contributions $250.00 $375.00 $200.00 Vacations Other Child Support Other Spousal Support or Alimony Veterinary Bills TOTAL EXPENSES $60.00 $2,651.00 SECTION VIII. COUNSEL FEES Rule 1920.33(b)(8): If there is a claim for counsel fees the Pre-Trial statement shall include the amount of the fees to be charged; the basis for the charge; and a detailed itemization of the services rendered.) The following is a listing of the counsel fees and expenses incurred by Plaintiff: Dates Services Were Rendered 6/18/02-current $175.00 Per Hour Costs are billed at actual cost Hourly Rate Costs Total Amount of Fees and Costs Claimed to 5/31/03 $6,447.26 Anticipated Fees and Costs Itemization of Services Rendered Hourly rate for estimated 25 hours @175.00/hr for a total of $4,375.00 + actual cost for any required appraisals. Itemized statements have been attached to this Pre- Trial statement which set forth a detailed itemization of the services that have been rendered in this case. SECTION IX. EXPERT WITNESSES Rule 1920.33(b)(2): The Pre-Trial Statement shall include the name and address of each expert the party intends to call at trial as a witness. The report of each expert shall be attached to the Pre-Trial Statement. The expert report shall describe witness qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds of each opinion. The following is a listing of the experts who the party intends to call to testify in this case: **Additional experts who may be called to testify are not known at this time. There is a reservation of the right to call additional expert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. SECTION X. OTHER WITNESSES Rule 1920.33(b)(3): The Pre-Trial statement shall set forth the name, address and a short summary of testimony of each person, other than a party, whom the party intends to call at trial as a witness. The following is a listing of the anticipated witnesses other than experts who will be called to testify in this case: Natalie Anne Acri History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code The finances of the parties and the acquisition and payments made regarding the two real estate parcels in question in this case. Thomas Blaine ** Additional witnesses who may be called to testify are not known at this time. There is a reservation of the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. SECTION XI. PROPOSED RESOLUTION Rule 1920.33(b)(11): The Pre-Trial statement shall include a proposed resolution of the economic issues. The following is the Plaintiff's position regarding resolution of the economic issues presented in this case: A. EQUITABLE DISTRIBUTION: The parties' marital assets and debts should be divided and distributed in accordance with the Distribution Schedule attached as Exhibit "5" to this Pre-Trial Statement: B. COUNSEL FEES AND COSTS: Plaintiff has raised claim for counsel fees and costs. This claim should be granted. Plaintiff should be awarded $10,000.00 in counsel fees and costs. SECTION XII PROPOSED EXHIBITS The following is a listing the proposed exhibits to be submitted at the hearing in this case. Exhibits have been or will be supplied to Defendant as indicated below. Plaintiff reserves the right to submit additional exhibits upon proper notification to Defendant. NO. DESCRIPTION SUPPLIED TO BE SUPPLIED 1 Wife's Income and Expense Statement X 2 Wife's 2002 Tax Returns X 3 Child Support Order X 4 Wife's Counsel Fees Bills X X 5 Wife's Proposed Distribution Schedule X 6 Settlement Sheet for Wormleysburg Property X 7 Deed to Wormleysburg Property X 8 Mortgage and Note for Wormelysburg Property X 9 Tax Assessment for Wormleysburg Property X 10 Mortgage Statements for Wormleysburg Property X 11 Wife's Parents Tax and Other Documents for X Rental Loss for Wormleysburg Property 12 Settlement Sheet for Camp Hill Property X 13 Deed to Camp Hill Property X 14 Mortgage and Note for Camp Hill Property X 15 Tax Assessment for Camp Hill Property X 16 Mortgage Statements for Camp Hill Property X 17 Mortgage Payments for the Camp Hill Property X 18 Utilities/Repair/ Improvement Documents for the X Camp Hill Property 19 Husband's State SERS Statements X 20 Proposed SERS QDRO X Page 25 CERTIFICATE OF SERVICE AND NOW, this day of June, 2003, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within Pre-Trial Statement, by mailing same by first class mail, postage prepaid, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 \ E Page 26 LAW OFFICES MANCKE. WAGNER & SPREHA 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA. JR. HARRISBURG, PA 171.0 PHONE (717) 234-7051 FAX (717) 234-7080 June 30, 2003 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Taylor v. Taylor Dear Mr. Elicker: Enclosed herein please find the Inventory and the Income and Expense Statement on behalf of my client, William Taylor, in the above-captioned matter. Your attention is appreciated. //) L.. s~ P. Rich)H"d Wagner ./' PR W Idks Enclosures cc: Diane G. Radcliff, Esq. (w/encl.) LAW OFFICES MANCKE, WAGNER & SPREHA 2233 NORTH FRONT STREET JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA. JR. HARRISBURG. PA 17110 PHONE (717) 234-7051 FAX (717) 234-7080 November 14,2003 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, P A 17013 Re: Taylor v. Taylor No: 01-3601 Dear Mr. Elicker: We have joined the parents of Natalie Taylor in the divorce action as indispensable parties, which has been confirmed by Court Order of Judge Hess, dated November 10, 2003. Therefore, I would appreciate if you could schedule a pre-hearing conference at your immediate convenience. Your attention is appreciated. /'l Sin~~// (~ P. Richard /W agner f // L-~/ PRW /dks Enclosure cc: Diane G. Radcliff, Esq. Mr. Bill Taylor ..--.---<.~ LAW OFFICES - ~"MANCKE, WAGNER & SPREHA 2233 NORTH' FRONT STREET HARRISBURG, PA 17110 ,,--~~~~' DO HEREBY CERTIFY f~~ THE WITHIN IS A TRUE AONRDIGINAL RECT . COpy ,OF THE FILED INTHISACTION BY ---- ATTORNEY NATALIE ANNE TAYLOR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, v. : NO: 01-3601 : CIVIL TERM WILLIAM T AYLOR, : IN DIVORCE Defendant/Petitioner. v. THOMAS BLAINE and JEAN BLAINE, Additional Defendants, ORDER J()I'h day of!\ GV:::r<\ \e R - "- September 12, 2003, is now absolute and Thomas Blame and Jean Blaine, his ~/ife, are AND NOW, this , 2003, the Rule of joined as indispensable parties in the above-captioned divorce action. BY THE COURT: I -1' ~- I-kf,) a..1-------- -------- · J. ~,MI1I~_~__ ........IllIIB_BaII.. - DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trind1e Road Camp Hill, Pennsylvania 17011 Phone: (717)737-0100 Facsimile: (717) 975-0697 November 17,2003 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, P A 17013 Re: Natalie A. (Taylor) Acri vs. William Taylor v. Thomas and Jean Blaine Cumberland County Divorce Action No. 01-3601 Dear Divorce Master Elicker: I am in receipt of Attorney Wagner's letter to you dated November 14, 2003, requesting the scheduling of a pre-hearing conference in this case. I oppose that request for the following reasons: 1. At the request of Defendant, William Taylor, Thomas and Jean Blaine were joined as additional Defendants in this case by Order dated November 10, 2003 entered by Judge Hess; 2. The Rule 2252 of the Pennsylvania Rules of Civil Procedure requires that a Complaint be filed against the additional Defendants. 3. Rule 2255 of the Pennsylvania Rules of Civil Procedure requires that the procedure to be filed, including the pleadings, between the party joining an additional defendant and the additional defendant shall be the same as though the party joining the additional defendant were a plaintiff and the additional defendant were a defendant. 4. As ofthe date of this letter no complaint or other pleadings have been filed by the Defendant, William Taylor, against the Additional Defendants. Page 2 E. Robert Elicker, II, Esquire November 17,2003 5. Until the Complaint is filed, the additional Defendants will be denied their right to raise defenses and/or counterclaims against the Defendant or in response to his alleged cause of action against them. Also, until that complaint is filed meaningful discovery cannot be conducted by the Blaines, which they deem to be imperative in this case. 6. I have sent two letters to Attorney Wagner requesting the filing of the Complaint against the Additional Defendants. In response to my first letter he indicated he would not consider my request since I was not officially representing the Blaines. I, therefore, mailed a Praecipe to enter my appearance on their behalf which was sent to Attorney Wagner on November 17, 2003, and have again requested that he file the Complaint against the Additional Defendants in this case. If he does not file his Complaint as required by the Pennsylvania Rules of Civil Procedure, I will file a Petition seeking the entry of a Rule against the Defendant to file that complaint. 7. Until the pleadings are closed as regards to the Additional Defendant, a pre- hearing conference would be premature. Thank you for your consideration of this letter. Should you have any questions or comments about this situation, or require further information from me, do not hesitate to contact me. Very truly yours, DGRJdr cc: P. Richard Wagner, Esquire Natalie A. Acri Thomas and Jean Blaine File 28-02D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE T AYLOR, Plaintiff No. 01-3601 CIVIL TERM v. CIVIL ACTION - LA W WILLIAM TAYLOR, IN DIVORCE Defendant v. THOMAS BLAINE and JEAN BLAINE, Additional Defendants: PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Thomas Blaine and Jean Blaine, Additional Defendants, in the above captioned matter. Respectfully submitted, c , 0 c vv ~_: ~,.:~.. -r) r " r" , ~ Z -t ~ L~ <. (J) 4.;'-.. ~~ ~ t: ~ \ -7 (-. ~j-.... 0"' C"_ i Z -. ~ --J .- 1 -... -<:. ":l .~ NO~7 2003 NATALIE ANNE TAYLOR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintifl7Respondent, v. : NO: 01-3601 : CIVa TERM WILLIAM T AYLOR, : IN DIVORCE DefendantlPetitioner. v. THOMAS BLAINE and JEAN BLAINE, Additional Defendants. ORDER AND NOW, this /0 * day of N~ , 2003, the Rule of September 12,2003, is now absolute and Thomas Blaine and Jean Blaine, his wife, are joined as indispensable parties in the above-captioned divorce action. BY THE COURT: r~~ ~ \.~~~ ~6? \\,\ AA 1. V:~N/~ASi\!N3d .All ~ rl:<-' ('~~',~; .~,,-: ~}~ !:~ V'.lnJ 22 :fJ (,id 0 I i\mi EO AhV.LC .:::) NATALIE ANNE TAYLOR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA PlaintiftfRespondent, v. : NO: 01-3601 : CIVIL TERM WILLIAM T AYLOR, : IN DIVORCE DefendantlPetitioner. v. THOMAS BLAINE and JEAN BLAINE, Additional Defendants. PETITION FOR RULE ABSOLUTE AND NOW, comes your Petitioner, William Taylor, by and through his attorneys, Mancke, Wagner & Spreha, and files the following Petition for Rule Absolute: 1. Your Petitioner, William Taylor, is the Defendant in the above-captioned divorce action. 2. Respondent, Natalie Anne Taylor, is the Plaintiff in the above-captioned divorce action. 3. Petitioner filed a Petition September 12,2003, seeking to join the Respondent's natural parents, Thomas Blaine and Jean Blaine, his wife, as indispensable parties to the divorce action on the basis that Thomas Blaine and Jean Blaine, his wife, are titled owners to certain property in which Petitioner asserts a marital interest. 4. The Rule of September 12, 2003, was made returnable twenty (20) days after servIce. 5. Service was made upon Thomas Blaine and Jean Blaine, his wife, on September 18, 2003. 6. No response or answer has been filed thereto. 7. Petitioner seeks to have the Rule absolute joining Thomas Blaine and Jean Blaine, his wife, as indispensable parties to the above-captioned divorce action. WHEREFORE, Petitioner prays this Court to grant his Petition for relief in the form of joining Thomas Blaine and Jean Blaine, his wife, as indispensable parties to the above-captioned divorce action. Respectfully submitted, Mancke, Wagner & Spreha .k -By~ . ....--.------., _r;;;;,~;;:::::::...-.'..,...-~"-,,..,-.. P. Richard Wagner, Esquire J.D. #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Petitioner Date: 11/3/ t?' 1 CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, and SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 By iL!;-I(/J V;:. ,JD L10tl~J Debra K. Spinner! Secretary MANCKE, WAGNER, & SPREHA 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Defendant DATE: II/tll t23 I I --- Q L :~ ~),' rn,;' Z :;~~. ;:.~ <~..- (f) _r r:: ~C =(--, :t--o.C :;;~ :;:f (::J C~ (-") -'T, ~-.- ,--:t.... :~~ W:D <..)-~ 0) :::') C'.) ,() - -:; ., --r"'; ; :~..) "o",-rn ;".J =--1 ,> ~ ~ ------ --------- ..,_.,~..- .. . - r . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NATALIE ANNE TAYLOR, now by marriage NATALIE ANNE ACRI Plaintiff No. 01-3601 CIVIL TERM v. CIVIL ACTION - LAW WILLIAM TAYLOR, Defendant IN DIVORCE v. THOMAS BLAINE and JEAN BLAINE, Additional Defendants RULE AND NOW, this Io~ day of ~ , 200~ , upon consideration of the within Petition, a Rule is entered upon the Defendant, William Taylor to file a Complaint setting forth his claims against the Additional Defendants Thomas Blaine and Jean Blaine. The Complaint shall be filed within twenty (20) days of the Additional Defendants' service of this Rule upon the Defendant, William Taylor. All proceedings in this action are stayed until the pleadings pertaining to the Additional Defendants are closed and all discovery completed. BY THE COURT: Distribution to be made to: ./1d J. Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff and Additional Defendants P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, P A 17110 Attorney for the Defendant Vl!\l\ft\1ASNN3d I .' 11"",-' r'\ ' ,-., 1--"""" 11i'" I\',L!\;: ;:, / I ',,'~' .;~' -:~;,'jV'\1 IV' O..:,.r:: 111-' c.. '0 ,',.11i I J30 80 JO . ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NATALIE ANNE TAYLOR, now by marriage NATALIE ANNE ACRI Plaintiff No. 01-3601 CIVIL TERM v. CIVIL ACTION - LAW WILLIAM TAYLOR, Defendant IN DIVORCE v. THOMAS BLAINE and JEAN BLAINE, Additional Defendants PETITION FOR RULE TO FILE A COMPLAINT AGAINST Additional DEFENDANTS AND NOW, this ~ day of~(lvv\' ~ , 20~comes the Additional Defendants, Thomas Blaine and Jean Blaine, by their Attorney, Diane G. Radcliff, Esquire, and files the above referenced petition and represent that: 1. Your Petitioners are Thomas Blaine and Jean Blaine, who are the Additional Defendants in the within action. The Petitioners are hereafter referred to as "Blaines"). 2. Y our Respondent is William Taylor, who is the Defendant in the within action. The Respondent is hereafter referred to as "Taylor". 3. Taylor was previously married to Natalie Anne Acri, who is the Plaintiffin the within action. Natalie Anne Acri is hereafter referred to as "Acri". 4. This is an action for divorce filed by Acri against Taylor, in which a claim has been made for equitable distribution of marital property. 5. In this action various disputes have arisen pertaining to the identification of the marital assets including, but not limited to, a property numbered as 63 North 31 sl Street, Camp Hill, P A 17011, which is owned by the Blaines and which property the Blaines and Acri claim is not marital property, and on the contrary, which property Taylor claims is marital property. 6. As the result of the foregoing disputes Taylor sought the entry of an order joining the Blaines as Additional Defendants to this action and on November 10,2003 an order was entered by this Honorable Court joining the Blaines as Additional Defendants. 7. Pa.R.C.P. 1920.34. Joinder of Parties provides: At any stage of an action, the Court may order the joinder of any Additional person who could have joined or been joined in the action and may stay the proceedings in whole or in part until such person has been joined. The action may proceed although such person has not been made a party if jurisdiction over that person cannot be obtained and that person is not an indispensable party to the action. Note: The joinder of persons other than husband and wife may be essential in claims for child custody where neither has custody or custody is claimed by others, or where persons other than the parties have an interest in property which is the subject matter of a distribution. The intervention in an action by a person not a party IS governed by Rule 2326 et seq. 8. Pa.R.C.P. 1920.1. Definitions. Conformity to Civil Action provides: (b) Except as otherwise provided in this chapter, the procedure in the action shall be in accordance with the Rules relating to a civil action. 9. Pa.R.C.P. 2252. Right to Join Additional Defendants provides: (a) Except as provided by Rule 1706.1, any defendant or Additional defendant may join as an Additional defendant any person, whether or not a party to the action, who may be (J) solely liable on the plaintiffs cause of action, or (2) liable over to the joining party on the plaintiffs cause of 2 action, or (3) jointly or severally liable with the joining party on the plaintiffs cause of action, or (4) liable to the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the plaintiffs cause of action is based. Note: The joinder of an Additional defendant in a class action is limited by Rule 1706.1 to the grounds setforth in subparagraphs (1) to (3). (b) If the person sought to be joined is not a party to the action the joining party may file as of course a praecipe for a writ or a complaint. (1) If the joinder is by writ the joining party shall file a complaint within twenty days from the filing of the praecipe for the writ. If the joining party fails to file the complaint within the required time, the plaintiff or the Additional defendant joined may seek a rule to file the complaint and an eventual judgment of non pros in the manner provided by Rule 1037 (a) for failure to file a complaint. (2) The complaint, in the manner andform required of the initial pleading of the plaintiff in the action, shall set forth the facts relied upon to establish the liability of the joined party and the relief demanded. 10. Pa.R.C.P.2255. Procedure provides: (a) The procedure, including pleadings, between the party joining an Additional defendant and the Additional defendant shall be the same as though the party joining the Additional defendant were a plaintiff and the Additional defendant were a defendant. (b) No pleadings shall be filed between the Additional defendant and any party other than the one joining the Additional defendant except that the Additional defendant may file a counterclaim against the plaintiff. 3 (c) No judgment on the pleadings may be entered infavor of any party against an Additional defendant for failure to answer the complaint of the party joining the Additional defendant, but all allegations of fact in such complaint to which an answer is required and which are not sufficiently answered shall be conclusive upon the Additional defendant. (d) The plaintiff shall recover from an Additional defendant found liable to the plaintiff alone or jointly with the defendant as though such Additional defendant had been joined as a defendant and duly served and the initial pleading of the plaintiff had averred such liability. 11. On November 6,2003, Diane G. Radcliff, Esquire sent a letter to P. Richard Wagner Esquire, requesting the filing ofthe Complaint by Taylor against the Blaines. A true and correct copy of the November 6,2003 letter is attached hereto, marked Exhibit "A" and made a part hereof. 12. On November 11, 2003, P. Richard Wagner, Esquire wrote to Attorney Radcliff responding to her November 6,2003 letter advising her that he would await to hear from the Blaines' legal counsel before responding to the procedural question. A true and correct copy of the November letter is attached hereto, marked Exhibit "B" and made a part hereof. 13. On November 14,2003 Attorney Wagner wrote to the Divorce Master asking for the scheduling ofa conference in this case. A true and correct copy of the November 14, 2003 letter is attached hereto, marked Exhibit "C" and made a part hereof. 14. On November 17, 2003, Attorney Radcliff wrote a letter to the Divorce Master indicating that the conference could not be scheduled since Taylor had not filed his complaint against the Blaines and discovery by them against Taylor had not been completed. A true and correct copy of the November 17,2003 letter to the Divorce Master is attached hereto, marked Exhibit "D" and made a part hereof. 15. On November 17,2003, Attorney Radcliff wrote a letter to Attorney Wagner advising him of the entry of her appearance and again requesting the filing of the complaint against the Blaines. A true and correct copy of the November 17, 2003 letter to Attorney Wagner is attached hereto, marked Exhibit "E" and made a part hereof. 16. As of the date of the filing of this Petition, Taylor has not filed a Complaint against 4 the Blaines. 17. Without the filing of a Complaint by Taylor against the Blaines, the Blaines will not be able to: A. Apprised of the claims Taylor is making against them; B. Will not be able to defend themselves in this action; C. Will be able to raise appropriate defenses to those claims. D. Will not be able to conduct meaningful discovery 18. Pursuant to the foregoing Rules of Civil Procedure, the Defendant, William Taylor is required to file a complaint against the Additional Defendants, Thomas Blaine and Jean Blaine. WHEREFORE, the Additional Defendants, Thomas Blaine and Jean Blaine, respectfully requests this Honorable Court to enter a rule against the Defendant, William Taylor requiring him to file a complaint against the Additional Defendants Thomas Blaine and Jean Blaine setting forth his claims against them, and to stay all proceedings until the pleading regarding the Additional Defendants are closed and all discovery is completed. Respectfully submitted, \ S~( . DCLIFF, ESQUIRE 44 e Road Camp Hill, P A 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Additional Defendants 5 VERIFICATION We, Thomas Blaine and Jean Blaine, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. J/l~ THOMAS BLAINE Date: J1,;}.& .. C? ~ ~~ (Cf" ~1'~ \ ~ JE BLAINE Date: ~( :J1 / (}:3 6 EXHIBIT "A" 11/6/03 LETTER TO ATTORNEY WAGNER DIANE G. RADCLIFF, ESQUIRE Attorney at Law Phone: (717) 737-0100 Facsimile: (717) 975-069 3448 Trindle Road Camp Hill, Pennsylvania 17011 November 6,2003 P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PAl 711 0 Re: Natalie Anne Taylor vs. William Taylor v. Thomas and Jean Blaine Cumberland County Divorce Action No. 01-3601 Civil Term Dear Rich: I am in receipt of your letter to the Prothonotary of Cumberland County dated November 3, 2003 together with the Petition for Rule Absolute enclosed therein. As I informed you before, my clients, Mr. and Mrs. Blaine, have no opposition to be added as parties' to this action. I believe, however, that once they are added as parties', the procedure to be followed would be the same as if they were added as an additional Defendant. That should require the filing of a Complaint against them setting forth your claims. That would then give them the opportunity to file a responsive pleading to that Complaint. Please advise me if you intend on filing such a Complaint. If you do not, I will proceed with filing a Petition requesting that the court enter an Order requiring that filing. I will anticipate a response from you to this letter no later than November 14,2003. Very truly yours, DIANE G. RADCLIFF, ESQUIRE I . f I EXHIBIT "B" 11/11/03 LETTER FROM ATTORNEY WAGNER . . LAW OFFICES MANCKE, WAGNER & SPREHA 2233 NORTH FRONT STREET JOHN B. MANCKE p, RICHARD WAGNER EDWARD F. SPREHA, JR. HARRISBURG. PA 17110 PHONE (717) 234-7051 FAX (717) 234-7080 November 11, 2003 Diane G. Radcliff, Esquire 3448 Toodle Road Camp Hill, PA 17011 Re: Taylor v. Taylor v. Blaine Dear Diane: Thank you for your letter of November 6, 2003. It was my distinct impression that you had indicated in the past that you felt you could not represent Mr. and Mrs. Blaine because of the potential conflict. As such, I will await to hear from counsel for the Blaines concerning any procedural question, otherwise, I intend to contact the Master and have this scheduled as soon as reasonably possible. Your attention is appreciated. Sincerely, // ------'~ // ~ -" / // . ft~~hard Wagner PRW/dks I '; . EXHIBIT "C" 11/14/03 LETTER TO DIVORCE MASTER LAW OFFICES MANCKE, WAGNER 8: SPREHA 2233 NORTH FRONT STREET JOHN B. MANCKE p, RICHARD WAGNER EDWARD F. SPREHA. JR. HARRISBURG. PA 17110 PHONE (717) 234-7051 FAX (717) 234-7080 November 14, 2003 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, P A 17013 Re: Taylor v. Taylor No: 01-3601 Dear Mr. Elicker: We have joined the parents of Natalie Taylor in the divorce action as indispensable parties, which has been confirmed by Court Order of Judge Hess, dated November 10, 2003. Therefore, I would appreciate if you could schedule a pre-hearing conference at your immediate convenience. Your attention is appreciated. Sincerely, P. Richard Wagner PRW/dks Enclosure cc: Diane G. Radcliff, Esq. Mr. Bill Taylor . ' . . ' . EXHIBIT "D" 11/17/03 LETTER TO DIVORCE MASTER . . .. , DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 November 17, 2003 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, P A 17013 F=,., ... , t" ,- it ,'"c____., 1/ ~~ L--: Re: Natalie A. (Taylor) Acri vs. William Taylor v. Thomas and Jean Blaine Cumberland County Divorce Action No. 01-3601 Dear Divorce Master Elicker: I am in receipt of Attorney Wagner's letter to you dated November 14, 2003, requesting the scheduling of a pre-hearing conference in this case. I oppose that request for the following reasons: 1. At the request of Defendant, William Taylor, Thomas and Jean Blaine were joined as additional Defendants in this case by Order dated November 10, 2003 entered by Judge Hess; 2. The Rule 2252 of the Pennsylvania Rules of Civil Procedure requires that a Complaint be filed against the additional Defendants. 3. Rule 2255 of the Pennsylvania Rules of Civil Procedure requires that the procedure to be filed, including the pleadings, between the party joining an additional defendant and the additional defendant shall be the same as though the party joining the additional defendant were a plaintiff and the additional defendant were a defendant. 4. As of the date of this letter no complaint or other pleadings have been filed by the Defendant, William Taylor, against the Additional Defendants. . . . .. Page 2 E. Robert Elicker, II, Esquire November 17,2003 5. Until the Complaint is filed, the additional Defendants will be denied their right to raise defenses and/or counterclaims against the Defendant or in response to his alleged cause of action against them. Also, until that complaint is filed meaningful discovery cannot be conducted by the Blaines, which they deem to be imperative in this case. 6. I have sent two letters to Attorney Wagner requesting the filing of the Complaint against the Additional Defendants. In response to my first letter he indicated he would not consider my request since I was not officially representing the Blaines. I, therefore, mailed a Praecipe to enter my appearance on their behalf which was sent to Attorney Wagner on November 17, 2003, and have again requested that he file the Complaint against the Additional Defendants in this case. If he does not file his Complaint as required by the Pennsylvania Rules of Civil Procedure, I will file a Petition seeking the entry of a Rule against the Defendant to file that complaint. 7. Until the pleadings are closed as regards to the Additional Defendant, a pre- hearing conference would be premature. Thank you for your consideration of this letter. Should you have any questions or comments about this situation, or require further information from me, do not hesitate to contact me. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGRldr cc: P. Richard Wagner, Esquire Natalie A. Acri Thomas and Jean Blaine File 28-02D 1 . ... . " . EXHIBIT "E" 11/17/03 LETTER TO ATTORNEY WAGNER - . . - -' DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-069 November 17,2003 P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, P A 17110 Re: Natalie Anne Taylor vs. William Taylor v. Thomas and Jean Blaine Cumberland County Divorce Action No. 01-3601 Civil Term Dear Rich: I am in receipt of your letter dated November 11,2003. I have been advised that my client, Natalie Acri, is willing to waive any potential conflict of interest as a result of representing her parents in this matter as she agrees with the position that is being taken by them in this case. I have, therefore, prepared and have sent to the Prothonotary a Praecipe to enter my appearance on their behalf. A copy of those documents are enclosed with this 1 etter. Now that I am officially representing the Blaine's, I again raise the issue that it is necessary for you to file a complaint against the Blaine's as is procedure in adding Additional Defendants. Please advise me whether or not you intend on doing so. If! do not hear from you by November 21,2003, I will file a petition to compel the filing in such a complaint. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGRJdkf . - ~ ..' Page 2 P. Richard Wagner, Esquire November 17,2003 Enclosures: Praecipe for Entry of Appearance 11/17/03 Letter to Prothonotary cc: Natalie Taylor Thomas and Jean Blaine File 28-02D Transmitted by Mail (") c ;?" ...~ --c7 !.'-;:~ f1: ::- :Z~- ~'.~. \ ~ ~}~: ..- r:; ::;,. ~.~~ :Z --.., -< C> (".) ......., r;:' C) , ~ ;:po ::z. o -1'1 -~ -\ ::1 ;'"1'1 f~j () .~f" , ;~.;~S ;-.)rn '::-t -v- ~ Cf? t7 tv - -'~-"'" NATALIE ANNE TAYLOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 01 - 3601 CIVIL WILLIAM TAYLOR, Defendant IN DIVORCE ORDER OF CO(!JRT AND NOW, this ^'~ fA.... J ' J da y 0 f .J( h/l.<.-<. "7 ---' been entered previously on March 2004, a divorce decree having 26, 2003, and the economic claims raised in the proceedings having been resolved in accordance with a marital agreement dated February 2, 2004, the appointment of the Master is vacated. BY THE COURT, Cc: ~iane G. Radcliff Attorney for Plaintiff ~. Richard Wagner Attorney for Defendant \,~t," 1f"11 C,' .'~ r-d Vi~'~V!\ /\,..;f '!J'~:~ 11" 'r;r"-, , '-""';I.\V~I"'" I\. 1\1 ,;....j,_../ ~J..~::~'"j v Z I : II \,1V S - 81:1 ~Gnl ,\b'VI0i<Ci;-LLC)Ud 3}-tl jO :I)i+fO--G:H.:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, now by marriage NATALIE ANNE ACRI Plaintiff No. 01-3601 CIVIL TERM v. CIVIL ACTION - LAW WILLIAM TAYLOR, Defendant IN DIVORCE v. THOMAS BLAINE and JEAN BLAINE, Additional Defendants MARITAL AGREEMENT BETWEEN WILLIAM S. TAYLOR AND NATALIE ANNE ACRI TABLE OF CONTENTS INTRODUCTION AND PREAMBLE ............................................................ 1 SECTION I GENERAL P ROVISI 0 NS ............................................................................... 2 1.01 Incorporation of Preamble ................................................... 2 . ..___....-1..D2._.Agreement-to--Be-lncorpor-ated-into-Div-of{]e-Pec-ree...........-;;-.---2. 1.03 Date of Agreement ............................................................... 2 1.04 Distribution Date ................................................................. 2 1.05 Advice Of Counsel.............................................................. 2 l.06 Financial Disclosure ........................................................... 3 1.07 Disclosure and Wavier of Procedural Rights ...................... 3 1.08 Bankruptcy .......................................................................... 4 1.. 09 Personal Rights .................................................................... 4 1.10 Mutual Release .................................................................... 4 1.11 Income Tax Matters ............................................................. 5 1.12 Preservation of Records ....................................................... 6 l.l3 Mutual Cooperation ............................................................. 6 1.14 Waiver or Modification to Be in Writing ............................ 6 1.15 Agreement Binding upon Heirs ........................................... 6 1.16 No Waiver of Default .......................................................... 6 1.17 Breach .................................................................................. 6 1.18 Manner of Giving Notice ..................................................... 7 l.l9 Integration ............................................................................ 7 1.20 Law of Pennsylvania Applicable ......................................... 7 1.2l Headings Not Part of Agreement ......................................... 7 SECTION II D ISTRIBUTI ON OF PROPERTy................................................................... 9 2.0l 2.02 2.03 _..~_..,_.,-_.~ 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 Final Equitable Distribution of Property............................. 9 After-Acquired Property...................................................... 9 W aiv~r 0 f Inheritance ............................!._....~_._........'!...........,.,. .9_ As Is Condition ....... ............ ... ........ ..... ....... .... ... ...... ............. Personal Property...... ............... ... ......... ...... ... ...... ............ ..... 9 Vehicles, Boats and the like ................................................ 10 W ormleysburg Real Estate .................................................. 10 Camp Hill Real Estate ......................................................... 11 Retirement and Pension Plans ............................................. 11 Bank Accounts, Stock and Life Insurance ........................... 11 Property Tax Provisions ...................................................... 12 SECTION III D ISTRIB UTI ON OF DEBTS............................................................................ 13 3.01 Wife's Debts ......................................................................... 13 3.02 Husband's Debts .................................................................. 13 3.03 Marital Debts ....................................................................... 13 3.04 Indemnification .................................................................. 14 11 SECTION IV COUNSEL FEES, APL AND ALIMONy....................................................... 16 4.0 1 Waiver of Counsel Fees ....................................................... 16 4.02 Alimony, APL and Spousal Support ................................... 16 SECTION V CLOSING PROVISIONS AND EXECUTION .............................................. 17 5.01 Counte-rparts ..................................................................... 17 5.02 Facsimile Signature ........................................................... 17 .' .... __.n _..._~. _"._. _r"_~ 5.03 Binding Effect ................................................................... 17 11l INTRODUCTION THIS AGREEMENT made this l~ay orYIJ trl , ooj, by and between NATALIE ANNE ACRI, (Wife") of243 North 24th Street, Camp Hill, A 17011, and WILLIAM S. TAYLOR, ("Husband") of 455 South York Street, Mechanicsburg, P A 17055. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on October 13, 1989 in Harrisburg, Pennsylvania, separated on January 29, 2001 and were divorced on March 26, 2003. WHEREAS, There were three (3) children born of this marriage: Katherine 1. Taylor, born September 14,1990; Eden D. Taylor, born November 18,1991; and Brooke A. Taylor, born June 2, 1996, (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: END OF INTRODUCTION - 1 - SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into the March 26,2003 Divorce Decree entered in the above captioned divorce action docketed to No. 01-3601 Civil Term. This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.03. DATE OF AGREEMENT The "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.04. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.05. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, P. Richard Wagner, Esquire, for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. - 2 - 1.06. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification offacts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: A. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. B. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. C. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. D. Determination of Marital and Non-Marital Property: The right to have the Court - 3 - determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital. E. Other Ri~hts and Remedies: The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 1.08. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as ifthey were unmarried. They may reside at such place or places as they 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. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 1.10. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims A~ainst Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, - 4 - engagements or liabilities of such other. B. Dower. Curtesy. Widows Ri~hts: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; C. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; D. Marital Ri~hts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. E. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.11. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filedjoint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. - 5 - B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. 1.12. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.13. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, and within at least twenty (20) days after demand therefor, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.14. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties. 1.15. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. NO WAIVER OF DEFAULT 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 any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or similar nature. 1.17. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: A. Specific Performance: The right to specific performance of the terms of this - 6- Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. B. Damages: The right to damages arising out ofbreach ofthe terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 P A. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. D. Other Remedies: Any other remedies provided for in law or in equity. E. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.18. MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed herein, or such other address as that party may from time to time designate. 1.19. INTEGRATION This Agreement constitutes the entire understanding ofthe parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.20. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1.21. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted - 7 - solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. END OF SECTION I - 8 - SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since January 29,2001, the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. WAIVER OF INHERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04. AS IS CONDITION Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. 2.05. PERSONAL PROPERTY With respect to the tangible personal property of the parties including, but without limitation with specific reference to,jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal - 9 - Property"), the parties agree as follows: A. Division: Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. B. Waiver: The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. 2.06. VEHICLES, BOATS AND THE LIKE With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, The parties acknowledge that there are no Vehicles to be distributed between them. 2.07. WORMLEYSBURG REAL ESTATE The parties are the owners of a fifty percent (50%) interest in certain tract of improved real estate known and numbered as 103 North 2nd Street, Wormleysburg, PA, ("the Wormelysburg Real Estate"), owned jointly with Wife's parents, Thomas and Jean Blaine as the owners of the other fifty percent (50%) interest, and which is encumbered with a mortgage owed to M&T Bank, ("the Wormelysburg Mortgage"). With respect to the Wormleysburg Real Estate and the Wormleysburg Mortgage the parties agree as follows: A. Conveyance: Upon the signing of this Agreement, Husband shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Wormleysburg Real Estate, and Husband specifically waives, releases, renounces and forever abandons all Husband's right, title, interest and claim therein. B. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances including, but not limited to, the lien of the W ormleysburg Mortgage, real estate taxes and any other municipal liens. The conveyance shall further be under and subject to any covenants and restrictions of record. Wife shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the W ormleysburg Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. - 10- 2.08. CAMP HILL REAL ESTATE Wife's parents, Thomas and Jean Blaine are the owners of a certain tract of improved real estate known and numbered as 63 N. 3l 51 Street, Camp Hill, P A, (the "Camp Hill, Property") which is encumbered with a mortgage owed to Commerce Bank ("the Camp Hill Mortgage"). With respect to the Camp Hill Real Estate and the Camp Hill Mortgage the parties agree as follows: A. Waiver: Husband specifically waives, releases, renounces and forever abandons all Husband's right, title, interest and claim in the Camp Hill Real Estate and to the extent deemed necessary shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest therein. B. Liens. Encumbrances and Expenses: to the extent the parties have any liability for the expenses for the Camp Hill Real Estate including, but not limited to, the lien of the Camp Hill Mortgage, real estate taxes and any other municipal liens, Wife shall hereinafter be solely responsible for the payment thereof, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. 2.09. RETIREMENT AND PENSION PLANS Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 40 l-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, ("the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. Pursuant to the foregoing Husband shall receive and reain as his sole and separate property his SERS Pension, and Wife waives, releases, renounces and forever abandons all right, title interest and claim therein. 2.10. BANK ACCOUNTS/STOCK/LIFE INSURANCE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. - 11 - Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. 2.11. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. END OF SECTION II - 12 - SECTION III DISTRIBUTION OF DEBTS 3.01. WIFE'S DEBTS Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3.02. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3.03. MARITAL DEBTS During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, ("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: A. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment for the payment of any portion of the Marital Debts that a party may have made prior to the execution ofthis Marital Agreement, whether or not that debt is specifically referenced in this Paragraph. B. Wife's Debts: Wife shall be solely responsible for the following bills and debts: 1. Mort~a~e: The Wormleysburg Mortgage and the Camp Hill Mortgage as provided in this Agreement; 2. Real Estate Expenses: Any and all expenses associated with the - 13 - W ormleysburg Real Estate and the Camp Hill Real Estate as provided in this Agreement; 3. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. B. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting from his withdrawal of funds from Husband's Retirement Plans as provided in this Agreement; 2. Other Debts: Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name, and not otherwise provided for herein. C. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. D. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. E. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. F. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 3.04. INDEMNIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect - 14 - and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. END OF SECTION III - 15 - SECTION IV COUNSEL FEES, APL AND ALIMONY 4.01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 4.02. ALIMONY, APL AND SPOUSAL SUPPORT The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. END OF SECTION IV - 16 - SECTION V CLOSING PROVISIONS AND EXECUTION 5.01. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 5.02. FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 5.03. BINDING EFFECT BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: 't {:'~i <' '\" / I i "_ Date: L f 1. I v '-{- I . - 7f~ ~ ~ NATALIE ANNE ACRI Date: ?--ILIO 'f (SEAL) - 17 - - COMMONWEAL TH OF PENNSYLVANIA COUNTY OF C --tJ... YY\ b~~,() cl On this the Din cLday of k br~, 200~before me the undersigned officer, personally appeared, WILLIAM S. TAYLOR, lfnown to l~ (or satIsfacton1y proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. SS. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYl.VA~ Notarial Seal . . G Raddiff Notary PubliC Dlan~'n Bora cu~benand County ~a~~ission' Expires Jan, 11, 2008 . y . <""~flci;-:\tinn Of Notanes COMMONWEAL TH OF PENNSYLVANIA Member p",nnsylvanla f>. .~. " (l / SS. COUNTY OR J.A-rY\~;\ ~fl c} On this th~ h c:!.ctay of k biUA Q J. A/1 , 2004efore me the undersigned officer, personally appeared, NATALIE ~n to ~e (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, ] have hereunto set my hand ~rial seal. ~ DBLle ~ / COMMONWEALiH OF PENNSYLVANIA Notarial Seal . . G Raddiff Notary Public Diane. ' dC nty Camp Hm Bora, Cumbenan au M eommission Expires Jan. 11, 2008 . Y .~ A~5ocialiop Of Notaries Member PennsylvanIa ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATALIE ANNE TAYLOR, now by marriage NATALIE ANNE ACRI Plaintiff No. 01-3601 CIVIL TERM v. CIVIL ACTION - LAW WILLIAM TAYLOR, Defendant IN DIVORCE v. THOMAS BLAINE and JEAN BLAINE, Additional Defendants PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY OF THE SAID COURT: Please withdrawal all claims heretofore filed by a party against the Plaintiff, Defendant and/or additional Defendants. All such claims have been resolved by the Marital Agreement dated February 2,2004 filed of record in this case. ~ Respectfully submitted, DCLIFF~IRP \ ad Camp Hill, PA 17011 for Plaintiff and Additional Defendants r= ARD WAGNER, ESQUIRE / 2233 North Front Street Harrisburg, PAl 711 0 Attorney for Defendant ~-- ~ '- !J) (f! ~ -~..". . l-:~ ....~.. ~-'-," '-', ~~; ~ (") c <=:". ,...., c::> = ..c- -., f"T1 co I 0> o -n --1 -'-,-n flF -om ~6 :;:-I.ri X:-n Qo "<-rn lJ );! ~ ~ -1,.-';"1' -"'" 9? + w