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HomeMy WebLinkAbout05-4014O IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. OS- 4 o/ y a ( Tem. * * CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A 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 THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER=S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. os'- 4aIq C Tes-, * * * CIVIL ACTION - LAW IN DIVORCE * * * COMPLAINT COUNT I - DIVORCE UNDER $3301(c) or 0301(d) OF THE DIVORCE CODE 1. The Plaintiff is Samuel C. Errington, who currently resides at 203 Gettysburg Street, Dillsburg, Pennsylvania, 17019. 2. The Defendant is Melody Errington, who currently resides at 101 B Street, Plainfield, Pennsylvania 17081. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 23, 1979 in Cumberland County, Pennsylvania. 5. The parties have no minor children. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, or property division. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (B) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 11. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT II - CLAIM FOR EQUITABLE DIVISION OF MARITAL PROPERTY UNDER 43502(a) OF THE DIVORCE CODE 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as if set forth in full. 13. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to §3502(a) of the Divorce Code. Respectfully submitted, Dated: WILEY, LENOX, COLGAN & MARZZACCO, P.C. Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 VERIFICATION I, Samuel C. Errington, verify that the statements made in this 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. CS. '4904, relating to unsworn falsification to authorities. p- a Date: 0 S SAMUEL C. ERRINGTO Plaintiff ? (? C° N S O G A n q t r ?? ILI C G ^?, . W 0 o ca -? 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff * NO. 05-4014 Civil Term VS. MELODY ERRINGTON, Defendant * CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Wayne F. Shade, Esquire, Attorney for the Defendant, accept service of the Complaint in Divorce filed on August 5, 2005. I certify that I am authorized to accept service on behalf of said, Defendant, Melody Errington. Dater / Q GS Wayne -. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 (717) 243-0220 I.D. # N ? a O1 u-? C ? _ F ti r , ?`, + I e?? _?n, ?+J Y ?. ?. (^' ? ' "? , ` ?q ? _- ?` '=.z m y., . , ?? ' -? ?" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * * CIVIL ACTION - LAW IN DIVORCE * * * * PETITION FOR PETITION FOR SPECIAL RELIEF AND NOW, this day of April, 2006, comes the Plaintiff, Samuel C. Errington, by and through her attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Special Relief, respectfully averring as follows: Plaintiff, Samuel C. Errington (hereinafter referred to as "Husband"), is an adult individual who currently resides at 203 Gettysburg Street, Dillsburg, PA 17019. 2. Defendant, Melody Errington (hereinafter referred to as "Wife"), is an adult individual who currently resides at 101 B Street, Plainfield, PA 17081. 3. Plaintiff and Defendant were married on December 23, 1979 in Cumberland County, Pennsylvania. 4. On August 5, 2005, Husband filed a Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code of 1980. 5. Prior to the parties separation, the parties both resided in the marital residence at 101 B Street, Plainfield, PA 17081. 6. The parties are jointly obligated to the mortgage on this property. The first mortgage on the property has a monthly payment of $939.00, including taxes and insurance escrows. There is also a second mortgage on the property. 7. Since the Summer of 2005, Wife has been residing in the marital residence. 8. Since the Summer of 2005, Husband has not been residing in the marital residence. 9. Husband is currently paying a support obligation to Wife in the amount of $927.00 per month. The support payments take into consideration the mortgages on the property. 10_ At the time of this Petition, Husband received a notice that the first mortgage is over two months past due. Enclosed please find Account Details for the first mortgage through Chase Bank. The enclosed Account Details indicate that Chase received its last payment on January 10, 2006. 11. Wife's living in the marital residence and failing to make monthly payments on the residence is negatively affecting Husband. If Wife continues to miss these payments it is likely that the mortgage company will start foreclosure proceedings. Moreover, Wife's failure to make mortgage payments negatively affects Husband's credit rating. 12. The Court possesses broad powers to fashion a remedy for special relief pursuant to Pa.R.Civ.P. 1920.43(a), which provides that upon "...Petition setting forth facts entitling the party to relief, the Court may, upon such terms and conditions as it deems just ... grant it other appropriate relief" 13. The Court also has broad powers to afford special relief pursuant to Section 3323(f) of the Divorce Code of 1980 which provides "... the Court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties ... " WHEREFORE, Plaintiff respectfully requests This Honorable Court direct as follows: A. The marital residence at 101 B Street, Plainfield, Pennsylvania shall be sold and any proceeds from the sale of the house be placed in an escrow account in the names of both Husband's attorney and Wife's attorney. The proceeds shall be distributed upon a final settlement of the divorce matters. B. The spousal support payments that are currently being paid by Husband shall be directly paid to Chase Bank, the holder of the first mortgage on the house at 101 B Street, Plainfield, Pennsylvania. C. Any other equitable relief the Court deems appropriate. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: w 6 G `-? Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 EXHIBIT "A" CHASE O M?Moour4 ? See Accouni Detaiis Account Details O Print O Help with this page s apdace ?j 3o?ay'? .. a?eiyy ? .•-. Name =? prdge lyr!r' isle - blua '.` tquNlririfo rate, Activity dataits Date of last payment Amount of last payment ($ USD) Principal balance ($ USD) Next payment due date Next payment amount due ($ USD) Escrow balance ($ USD) Last escrow analysis Bill method Loan summary Loan number Primary borrower name Secondary borrower name Mailing address Home phone number Office phone number payments made Interest rate Original loan amount $ USD As of 031311006 0111012008 $1,087.79 $92,067,16 =1/2006 $1,974.36 $702.06 12/01/2005 statement _.0120 SAMUEL C. ERRINGTON JR MELODYANN ERRINGTON 101 B ST BOX 79 PtAINFIELD PA 17081 717.991.2212 54 of 360 7% Monday, April 03, 2006 Find out ttm NON* sales Prke$ an your ? Street, $ I'd like to-, ? Make,apayment ? SIgr.Lup for Alerts ? See transaction history ? See taxes and insurance o, Gontact_u9_about.your Loan ? Get year end info I, Use amortization estimator P. Set,upau(omatippayments ? Make a Faig Pey.Raymem ? Get assistance ? Charge name r 6?.payoff info ? See FADS 0, Protect my assets ? 8" s_ampte statement ? Gg,(.ban asst{mpticn info ? 4ge _f Aar oices ( ) $100.800.00 Loan Origination date 06113=01 Maturity date 07/010031 Loan type Fbmd Rata Loan Sacvft I TQ+'.cna_nL-U$.a I Leoal Agreements e 2005 JPMorgan Chass & Co. Oct 10 2003 11:26 P.01 /<joe IS 7 ( 4) chase.com j contact Us l Privacy Poky f Payments a Trooof0s ? Pra acts A Services . Customer Center >??x tic€y G,ulr? , 1312• cYoZC VERIFICATION Samuel Errington, verify that the statements made in this document 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: 3?2 ?1?02 006 / S MUEL ERRINGION Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * * * CIVIL ACTION - LAW IN DIVORCE * * * * CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Date: By: --? Thomas M. Clark, Esquire t ? ` i l i Samuel C. Errington, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : 05-4014 CIVIL Melody Errington, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 17th day of April, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before May 8, 2006; 3. A copy of said answer will be filed with this Court; 4. The petition shall be decided under Pa.R.C.P. No. 206.7; 5. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing shall be held on the 10th day of May, 2006, at 2:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse. If no answer to the Rule to Show cause is filed by the required date, the relief request by Plaintiff shall be granted. By the Court, ahomas M. Clark, Esquire Attorney for Plaintiff ^ayne F. Shade, Esquire Attorney for Defendant bas oa. M. L. Ebert, OV ,... :?, ,.? ? 'i , ,?; ti, i SAMUEL C. ERRINGTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 05-4014 CIVIL TERM MELODY ERRINGTON, Defendant : IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, come Defendant MELODY ERRINGTON by and through her attorney, Wayne F. Shade, Esquire, and files this Answer to Plaintiff's Petition for Special Relief: L-7. Admitted. 8. Admitted. By way of further response, Wife avers that on or about June 30, 2005, Husband left Wife and took up residence with another woman with whom Wife believes and therefore avers that Husband is involved in a sexual relationship. 9. Admitted. 10. Admitted. By way of further response, Wife avers that, prior to Husband's leaving WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 the twenty-six year marriage for another woman, the parties needed both of their incomes to pay all of the household expenses. The spousal support that Husband pays does not enable Wife to pay all of the household expenses without difficulty, but Wife wants to make every effort to keep the house. 11. The averments' of 111 of Husband's Petition, being within the exclusive knowledge of Husband. are denied and proof thereof is demanded. By way of further response, Wife avers that the lenders have not issued any formal notices of intention to foreclose; and Wife has been able to bring the mortgages into current status by withdrawing money from her employee benefit accounts. 12.- 13. The averments' of 1112 and 13 of Husband's Petition, being conclusions of law, no response is required. By way of further response, Wife avers that it would be inequitable for the Court to reward Husband's blatant violations of the marital vows by forcing the sale of the marital residence or by dispossessing Wife of the marital residence and awarding exclusive possession of the marital residence to Husband where there is no evidence that title to the marital residence is imperiled. WHEREFORE, Wife respectfully requests that Husband's Petition be dismissed. ?/ /-?C44 Waynf F. Esquire Supreme Court No. 15712 53 West Pomfret Street WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant The statements in the foregoing Answer are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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: May 3, 2006 elody Err ington WAYNE F. SHADE Attorney at l.aw 53 West Pomfret Street Carlisle, Pennsylvania 17013 r7 ^' O o? T T ` 711 W _ : ) l J IT: C _ Samuel C. Errington, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4014 CIVIL Melody Errington, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 10th day of May, 2006, after consideration of the Plaintiff's Motion to Withdraw his Petition for Special Relief filed April 10, 2006 and noting the concurrence of Defendant's counsel, IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff's Motion to Withdraw Petition for Special Relief's GRANTED and the Petition is WITHDRAWN. By the Court, /homas M. Clark, Esquire Attorney for Plaintiff Layne F. Shade, Esquire Attorney for Defendant J bas L. Ebert, Jr., , J. VIN"V'I, iANN3d ?z :Z Wa I I aw 9001 AbVjON0H Odd 3H1 A0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * CIVIL ACTION - LAW IN DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE AND NOW, comes the Plaintiff, Samuel C. Errington, by and through his attorney, Thomas M. Clark, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files this Petition for Related Claims Under Divorce Code, respectfully averring as follows: REQUEST FOR DIVORCE UNDER 63502(a)(6) OF THE DIVORCE CODE A Divorce Complaint was filed on August 5, 2005 under Section 3301(c) or 3301(d) of the Divorce Code 2. In addition to the grounds for divorce set forth in Plaintiff's original Complaint, Plaintiff alleges the following cause of action under the Divorce Code: (a) §3301(a)(6) - Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Defendant's condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests This Court enter a Decree in Divorce under Section 3301(a)(6) of the Divorce Code. Respectfully submitted, W Y LENOX, COLGAN & MARZZACCO, P.C. Dated: G G G -:? --?_ Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 VERIFICATION I, Samuel C. Errington, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: /O6 J SAMUEL C. ERRIN N 0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Date: C? By: - 1 ?5_ Thomas M. Clark, Esquire :, _ y ..-? .. C..... '? '7`k -... . F .. ..., ?.? - ._- -' l ); L- .? ?i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, * NO. 05-4014 Civil Term Plaintiff VS. * CIVIL ACTION - LAW IN DIVORCE * MELODY ERRINGTON, Defendant MOTION FOR APPOINTMENT OF MASTER Samuel C. Errington, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment (X ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through his attorney, Wayne Shade, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. §& 3301(c)(d) and (a)(6)(4) Delete the inapplicable paragraph(s): (a) (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claim: Divorce, Alimony Distribution of Property. Counsel Fees, Costs and Expenses (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date: Ll bG 2s ,e;o'e Thomas M. Clark, Esquire WILEY, LENOX, COLGAN & MARZZACCO, P.C. Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, this day of , 2006, Esquire is appointed master with respect to the following claims: By the Court: a RECEIVED Avu 0 t FAI,?/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * CIVIL ACTION - LAW IN DIVORCE * MOTION FOR APPOINTMENT OF MASTER Samuel C. Errington, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property (X) Support (X) Counsel Fees (X) Costs and Expenses (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through his attorney, Wayne Shade, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. && 3301(c), (d) and (a)(6). (4) Delete the inapplicable paragraph(s): (a) Theactia . (b) An agreement has been reached with respect to the following claims: None. (c) The action is contested with respect to the following claim: Divorce. Alimony, Distribution of Property. Counsel Fees. Costs and Expenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date: 2 / D L ;"s Thomas M. Clark, Esquire WILEY, LENOX, COLGAN & MARZZACCO, P.C. Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, this -r?- day of 2006, Esquire is appointed master with respect to the fol wing claims: 0 ` O? Av 0? By the rt: J. r G ?g IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 054014 Civil Term * * * CIVIL ACTION - LAW IN DIVORCE * * * * PETITION FOR SPECIAL RELIEF AND NOW, this day of August, 2006, comes the Plaintiff, Samuel C. Errington, by and through his attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Special Relief, respectfully averring as follows: 1. Plaintiff, Samuel C. Errington (hereinafter referred to as "Husband"), is an adult individual who currently resides at 203 Gettysburg Street, Dillsburg, PA 17019. 2. Defendant, Melody Errington (hereinafter referred to as "Wife"), is an adult individual who currently resides at 101 B Street, Plainfield, PA 1.7081. 3. Plaintiff and Defendant were married on December 23, 1979 in Cumberland County, Pennsylvania. 4. On August 5, 2005, Husband filed a Complaint in Divorce. 5. Prior to the parties separation, the parties both resided in the marital residence at 101 B Street, Plainfield, PA 17081. 6. The parties are jointly obligated to the mortgage on this property. The first mortgage on the property has a monthly payment of $939.00, including taxes and insurance escrows. There is also a second mortgage on the property. 7. Since the Summer of 2005, Wife has been residing in the marital residence. 8. Since the Summer of 2005, Husband has not been residing in the marital residence. 9. Husband is currently paying a support obligation to Wife in the amount of $927.00 per month. The support payments take into consideration the mortgages on the property. 10. At the time of this Petition, Husband received a notice that the first mortgage is again, over two months past due. Enclosed please find Account Details for the first mortgage through Chase Bank. The enclosed Account Details indicate that Chase received has not received payment for July, 2006 or August, 2006. 11. Since the date of separation Wife had missed several mortgage payments. Husband had previously filed a Petition for Special Relief. The Petition was withdrawn when Wife was able to cure the default. 12. Wife's living in the marital residence and failing to make monthly payments on the residence is negatively affecting Husband. If Wife continues to miss these payments it is likely that the mortgage company will start foreclosure proceedings. Moreover, Wife's failure to make mortgage payments negatively affects Husband's credit rating. 13. The Court possesses broad powers to fashion a remedy for special relief pursuant to Pa.R.Civ.P. 1920.43(a), which provides that upon "...Petition setting forth facts entitling the party to relief, the Court may, upon such terms and conditions as it deems just ... grant it other appropriate relief." 14. The Court also has broad powers to afford special relief pursuant to Section 3323(f) of the Divorce Code of 1980 which provides ". . . the Court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties ...." WHEREFORE, Plaintiff respectfully requests This Honorable Court direct as follows: A. The marital residence at 101 B Street, Plainfield, Pennsylvania shall be sold and any proceeds from the sale of the house be placed in an escrow account in the names of both Husband's attorney and Wife's attorney. The proceeds shall be distributed upon a final settlement of the divorce matters. B. The spousal support payments that are currently being paid by Husband shall be directly paid to Chase Bank, the holder of the first mortgage on the house at 101 B Street, Plainfield, Pennsylvania. C. Any other equitable relief the Court deems appropriate. Respectfully submitted, Dated: /G /P WILEY, LENOX, COLGAN & MARZZACCO, P.C. ?s Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 t-nase Home v tnance rage j or t; CHASE ! i ? Payments & Transfers ? Products & Services ? Customer (enta_ f Manday My Accounts > See Account Details Account O Print O Help with this page Details 8%*11111 Stay informed of our latest ? n-. mortgage rates & special offers 1'd like to. tlpdtte 0 : Today's Pa.ys • Ilooe ? Make a pa) profile ' mortgage Si Ns Egnity info ? Sign up for ? See transat ? See taxes, Activitytails ? Contact us As of 08i03l2006 for ? Get year er Date of last payment 04102/2006 ? Use amorti: Amount of last payment ($ USD) $67063 Principal balance ($ USD) ? Set up autc $91'272.76 ? Make a FaE Fay a Next payment due date 07/01/2006 ? Get assista Next payment amount due ($ USD) $1,933.55 p ? Change na € Escrow balance ($ USD) <$3415> 6 ? Get payoff Last escrow analysis 12/01/2005 ? See FAQs Bill method Statement ? Protect my ? See sampl( Loan summary ? Get loan as I Loan number ...0120 ? See forms Primary borrower name SAMUEL C. ERRINGTON JR ? See Chase Secondary borrower name MELODYANN ERRINGTON Properties Mailing address ? See fewer r 101 BST BOX 79 PLAINFIELD PA 17081 Home phone number 717_991.2212 Office phone number Payments made 59 of 360 Interest rate 7% Original loan amount ($ USD) $100.800.00 Loan origination date 06/13/2001 Maturity date 07/01/2031 Loan type Fixed Rate Loan Security ; Terms of Use I Legal Agreements Oc 2.006 JPMorgan Chase ,& Co. httn-.-//mortiyape()3_chace.com/clnannmcrr/clnnortal/hnme9 nfnh--tnjP& naaPT.ahpt=nacre e. R/7/')006 VERIFICATION I, Samuel Errington, verify that the statements made in this document 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 unworn falsification to authorities. Date: ? ?C/ A? SAMUEL ERRINGTON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 054014 Civil Term * * * CIVIL ACTION - LAW IN DIVORCE * * * * CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Date: c 0 By: P__< Thomas M. Clark, Esquire z rn -n m u`s N - ? Q P ? t :a :M Y , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant Thomas M. Clark. Esquire Attorney for Plaintiff 130 West Church Street Street Address Dillsburg, PA 17019 City - State - Zip Code (717) 432-9666 Phone Number * NO. 05-4014 Civil Term * CIVIL ACTION - LAW IN DIVORCE Wayne Shade. Esquire Attorney for Defendant 53 West Pomfret Street Street Address Carlisle. PA 17013 City - State - Zip Code (717) 243-0220 Phone Number INVENTORY OF SAMUEL C. ERRINGTON (PLAINTIFF) Plaintiff files the following Inventory and. Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory and Appraisement are 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/.,,., -A4 - Samuel C. Errington, aintiff ASSETS OF THE PARTIES Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. (X) 2. ( ) 3. ( ) 4. ( ) 5. ( ) 6. ( ) 7. ( ) 8. (X) 9. 10. Real property Motor vehicles Stock, 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 certification) Annuities ( ) 11. ( ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ) 17. (X) 18. (X) 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 the company) Employment termination benefits; severance pay, Workman's Compensation (claim/award) Profit Sharing plans 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 others, including loans, mortgages held 25. Household Furnishings and Personalty (Include as a Total Category and attach an itemized list if distribution of such assets is in dispute) 26. Other MARITAL PROPERTY 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 this action was commenced: ITEM NUMBER 1. 2. 2. DESCRIPTION OF 101 B Street 1967 Mustang 2005 Ford F150 PROPERTY Plainfield, PA 17081 NAMES OF ALL Joint Husband Husband OWNERS MARITAL PROPERTY 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 this action was commenced: ITEM NUMBER 2. 2. 9. DESCRIPTION OF 2004 Honda 1994 Pontiac Prime America Life PROPERTY Motorcycle Insurance NAMES OF ALL Husband Wife Joint OWNERS MARITAL PROPERTY 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 this action was commenced: ITEM NUMBER 18. DESCRIPTION OF Pension Plan of PROPERTY Bethlehem Steel Corporation NAMES OF ALL Joint OWNERS N V) ^d 'S! . rn ,`fit ? ? t r.c SAMUEL C. ERRINGTON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-4014 CIVIL MELODY ERRINGTON, CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 29" day of August, 2006, upon consideration of the Petition for Special Relief filed by the Attorney for the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. Pursuant to Pa.R.C.P. No. 206.5, a rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before September 18, 2006; 3. A copy of said answer will be filed with this Court; 5. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, M. L. Ebert, Jr., , Xomas M. Clark, Esquire Attorney for Plaintiff Mayne F. Shade, Esquire Attorney for Defendant bas v N\ J. Oil .C Rd 0£ "MY 90OZ 1t?dlUrv )r11_Ut:d ]IRI -40 a. ; tia1H IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant NO. 05-4014 CIVIL * CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO PRODUCE DOCUMENTS AND THINGS AND NOW, this 16?ay of September, 2006, comes the Plaintiff, Samuel C. Errington, by and through is Attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco P.C., and files the instant Plaintiffs Motion to Compel Defendant to Produce Documents and Things, respectfully averring as follows: 1. Plaintiff, Samuel C. Errington (here and after referred to as "husband"), is an adult individual who currently resides at 203 Gettysburg Street, Dillsburg, Pennsylvania 17019. 2. Defendant, Melody Errington (here and after referred to as "wife"), is an adult individual who currently resides at 101 Bee Street, Plainfield, Pennsylvania 17081. 3. Plaintiff and Defendant were married on December 23, 1979, in Cumberland County, Pennsylvania. 4. On August 5, 2005, Husband filed a Complaint in Divorce under §3301(c) and in §3301(d) of the Divorce Code of 1980. 5. On or about June 6, 2006, Husband filed a Petition for Related Claims under the Divorce Code in which he alleged that a Decree in Divorce should be granted under §3301(a)(6) of the Divorce Code. 6. By letter dated May 16, 2006, a copy of which is attached as Exhibit A Plaintiff requested within thirty (30) days of the date of the request Defendant provide Plaintiff with the following documents: a) Copies of Federal and State income tax returns, together with accompanying work sheets including W-2 forms by date; b) Copies of Social Security Statements; C) All employment information, including, without limitation, wages, salaries, bonuses, stock options, commissions, earnings, income, employment contracts, pay raises, promotions, pension plan, pension fund and other benefits or deductions of any kind to which you are, were, or may become entitled in the future at any time (including most recent pay stub); d) Records that relate to any secured or unsecured personal loan whether from a member of your family, a banking institution or any individual or entity; e) All savings account, credit union or other passbooks of yours, including those held by you in your name or in your name jointly with any other person or entity, or in your name as trustee for any other person (regardless of whether or not the account or accounts have been closed) (for the three (3) months immediately prior to the date of separation, including date of separation balances); f) All checking accounts in your name individually, with another, as trustee or guardian, or in which you may have an interest, including monthly statements (regardless of whether or not the account or accounts have been closed) (for the three (3) months immediately prior to the date of separation, including date of separation balances); g) All records pertaining to stock options if any corporations or other entity, exercised or not yet exercised; h) Copies of any and all credit card statements (for the three (3) months immediately prior to the date of separation, including date of separation balances); 7. To date, Defendant has failed to provide copies of the documents requested by Plaintiff. WHEREFORE, Plaintiff respectfully requests that the Court issue an order directing Defendant to immediately provide Plaintiff with a copy of the documents requested or suffer sanctions. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. (-14 Dated: f t a _ ??' .4 - Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 EXHIBIT A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 CIVIL * CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS To: Melody Errington c/o Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Pursuant to Pa.R.C.P. 4009, demand is hereby made that you or your attorney produce, at the law firm of Wiley, Lenox, Colgan & Marzzacco, 130 West Church Street, Suite 100, Dillsburg, PA 17019, within thirty (30) days of the date of this Request, the following documents, for the year 2004 to present (unless stated otherwise): 1. Copies of Federal and State income tax returns, together with accompanying work sheets including W-2 forms by date; 2. Copies of Social Security Statements; 3. All employment information, including, without limitation, wages, salaries, bonuses, stock options, commissions, earnings, income, employment contracts, pay raises, promotions, pension plan, pension fund and other benefits or deductions of any kind to which you are, were, or may become entitled in the future at any time (including most recent pay stub); 4. Records that relate to any secured or unsecured personal loan whether from a member of your family, a banking institution or any individual or entity; 5. All savings account, credit union or other passbooks ofyours, including those held by you in your name or in your name jointly with any other person or entity, or in your name as trustee for any other person, (regardless of whether or not the account or accounts have been closed) (for the three (3) months immediatley prior to the date of separation, including date of separation balances); 6. All checking accounts in your name individually, with another, as trustee or guardian, or in which you may have an interest, including monthly statements (regardless of whether or not the account or accounts have been closed) (for the three (3) months immediatley prior to the date of separation, including date of separation balances); 7. All records pertaining to stock options if any corporations or other entity, exercised or not yet exercised; 8. Copies of any and all credit card statements (for the three (3) months immediatley prior to the date of separation, including date of separation balances); WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: .S??G OG Thomas M. Clark, Esquire 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 I.D. #85211 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * * * CIVIL ACTION - LAW IN DIVORCE * * * * CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Date: lx3lc) C By: Thomas M. Clark, Esquire SAMUEL C. ERRING'i"ON, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 05-4014 CIVIL TERM MELODY ERRINGTON, Defendant IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, come Defendant MELODY ERRINGTON by and through her I attorney, Wayne F. Shade, Esquire, and files this Answer to Plaintiff's Petition for Special Relief: 1. The averments of ¶1 of Husband's Petition are denied. On the contrary, Wife I believes and therefore avers that Husband resides at 104 South Street, Franklintown, Pennsylvania. 2. - 7. Admitted. 8. Admitted. By way of further response, Wife avers that on or about June 30, 2005, WAYNE F. SHADE Attomev at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 Husband left Wife and took up residence with another woman with whom Wife believes and therefore avers that Husband is involved in a sexual relationship. Admitted. 9. 10. Admitted. it. Admitted. By way of further response, Wife avers that, prior to Husband's leaving the twenty-six year marriage for another woman, the parties needed both of their incomes to pay all of the household expenses. The spousal support that Husband pays does not enable Wife to pay all of the household expenses without difficulty, but Wife wants to make every effort to keep the house. 12. The averments' of ¶12 of Husband's Petition, being within the exclusive knowledge of Husband. are denied and proof thereof is demanded. By way of further response, Wife avers that the lenders have not issued any formal notices of intention to foreclose; and Wife has been able to bring the mortgages into current status by withdrawing money from her employee benefit accounts. 13.- 14. The averments' of T¶13 and 14 of Husband's Petition, being conclusions of law, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 no response is required. By way of further response, Wife avers that, where Husband has placed Wife in an extre nely difficult financial position by leaving her for another woman, it would be inequitable for the Court to reward Husband's blatant violations of the marital vows by forcing the sal,: of the marital residence or by making it more difficult for Wife -2- to cover the financial obligations with which Husband has left her by ordering that Husband's payments of alimony pendente lite be paid directly to the mortgagee. WHEREFORE, Wife respectfully requests that Husband's Petition be dismissed. Wayn . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- The statements i.1 the foregoing Answer are based upon information which has been assembled by my ;attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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: September 13, 2006 Melody g on WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 SAMUEL C. ERRINGTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 05-4014 CIVIL TERM MELODY ERRINGTON, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of Defendant's Answer to Plaintiff s Peittion for Special Relief in the above-captioned matter upon Plaintiff herein by first class United States mail, postage prepaid, to his I counsel of record, Thomas M. Clark, Esquire, Wiley, Lenox, Colgan & Marzzacco, P.C., 130 West Church Street, Suite 100, Dillsburg, Pennsylvania 17019. Date: September 15, 2006 Wayne FeShade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNF F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- S..J wit t ? ? ' , , _? ` ( `r r,.... t.-? ?._, 'r r^..? .. i SEP 2 2 2006 IN THE COURT OF COMMON PLEAS i? CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, * NO. 05-4014 CIVIL Plaintiff VS. * CIVIL ACTION - LAW IN DIVORCE MELODY ERRINGTON, Defendant ORDER nd y AND NOW, this 2. day of off' t' , 2006, upon consideration of Plaintiff's Motion to Compel production of documents and things, it is hereby ordered pursuant to Pa.R.C.P. 4009 that Defendant provide Plaintiff with copies of the following documents: 1. Copies of Federal and State income tax returns, together with accompanying work sheets including W-2 forms by date; 2. Copies of Social Security Statements; 3. All employment information, including, without limitation, wages, salaries, bonuses, stock options, commissions, earnings, income, employment contracts, pay raises, promotions, pension plan, pension fund and other benefits or deductions of any kind to which you are, were, or may become entitled in the future at any time (including most recent pay stub); 4. Records that relate to any secured or unsecured personal loan whether from a member of your family, a banking institution or any individual or entity; 5. All savings account, credit union or other passbooks of yours, including those held by you in your name or in your name jointly with any other person or entity, or in your name as trustee for any other person (regardless of whether or not the account or accounts have been closed) (for the three (3) months immediately prior to the date of separation, including date of separation balances); 6. All checking accounts in your name individually, with another, as trustee or guardian, or in which you may have an interest, including monthly statements (regardless of whether or not the account or accounts have been closed) (for the three (3) months immediately prior to the date of separation, including date of separation balances); 7. All records pertaining to stock options if any corporations or other entity, R) Ili? exercised or not yet exercised; 8. Copies of any and all credit card statements (for the three (3) months immediately prior to the date of separation, including date of separation balances); It is hereby further ordered that Defendant produce said documents within z 0 days of the entry of this order. Should Defendant fail to comply, appropriate sanctions will be imposed upon application to the Court. Itm t ?'a Judge ,?o V=i' <' rNno i s ;? Hj 2- 100 990Z 1, v1? s ru -Hl Z'O Samuel C. Errington, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : 05-4014 CIVIL Melody Errington, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 2"d day of October, 2006, upon consideration of the Plaintiff's Petition for Special Relief and being in receipt of the Defendant's Answer to Plaintiff's Petition for Special Relief, a hearing on the matter shall be held on Wednesday, November 22, 2006 at 3:30 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Thomas M. Clark, Esquire Attorney for Plaintiff d ayne F. Shade, Esquire Attorney for Defendant J bas . \?\ -%L, - " M. L. Ebert, Jr., J. l 0 3 :1 14J Z-1.00 SOOT v, =i ?, -io Samuel C. Errington, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : 05-4014 CIVIL Melody Errington, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 18t" day of October, 2006, upon consideration of the information received by this Court regarding the Pre-Hearing Conference held before the Divorce Master on October 11, 2006 and it appearing that the parties are attempting to resolve all issues, IT IS HEREBY ORDERED AND DIRECTED that the hearing on the Plaintiff's Petition for Special Relief scheduled for Wednesday, November 22, 2006 at 3:30 p.m. is continued generally in accordance with the agreement of the parties and may be rescheduled at the request of either counsel. By the Court, omas M. Clark, Esquire Attorney for Plaintiff Wayne F. Shade, Esquire Attorney for Defendant (1 Robert Elicker, II, Esquire Divorce Master bas 1*k_? M. L. Ebert, Jr., J t1iN'dA-USNN3d 9 f -.Oi WV 81 100 90QZ AtvlvNii(I); iioo id 31HI J4 30i--?3lu CIL MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this Stt, day of , 2007, by and between SAMUEL C. ERRINGTON, of Dillsburg, York County, Pennsylvania (hereinafter referred to as "HUSBAND") and MELODY ERRINGTON, of Plainfield, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on December 23, 1979, in Cumberland County, Pennsylvania; WHEREAS, HUSBAND and WIFE have no minor children; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, 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 in relation to the ownership and equitable distribution of real and personal property; 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 either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the 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, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: 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 effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against 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 situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy 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; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, 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. It is the intention of HUSBAND and WIFE to give 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 provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: HUSBAND has been represented by Thomas M. Clark, Esquire, and HUSBAND acknowledges that he has signed this Agreement freely and voluntarily after full consultation with his counsel. WIFE has been represented by Wayne F. Shade, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, all other personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF MARITAL RESIDENCE: The parties jointly own the marital residence situate at 101 B Street, Plainfield, Cumberland County, Pennsylvania. WIFE shall retain sole and exclusive ownership and possession of said residence. WIFE is to refinance the mortgage, currently in the joint names of the parties, into her own name. If this has not already been accomplished at the time this Agreement is made effective, it is agreed that WIFE shall successfully refinance so to remove HUSBAND from the mortgage within one (1) year of the effective date of this Agreement. WIFE shall remain solely responsible for any and all payments related to the mortgage, real estate taxes, homeowner's insurance and maintenance of said property, and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments thereupon. HUSBAND specifically waives his right to claim any equity which may exist in this property in consideration of the various covenants and promises made herein. HUSBAND's counsel shall prepare a deed of conveyance from HUSBAND transferring all his right, title and interest in the marital residence to WIFE, to be held in escrow by counsel for HUSBAND pending the refinance or assumption of the mortgage by WIFE. In the event that WIFE shall default or be late on a mortgage obligation by more than thirty (30) days, the residence shall be listed for sale. Within forty-eight (48) hours after receiving HUSBAND's request for sale of the property, HUSBAND and WIFE shall pick a broker for the sale of the residence. If HUSBAND and WIFE do not agree on a Broker for the sale of the property, HUSBAND and WIFE will each choose a Broker. The Broker for HUSBAND and the Broker for WIFE will be responsible for choosing a third Broker. The third Broker will handle the sale of the residence. The parties agree to accept whichever third broker is chosen, and the Parties agree to accept the Broker's listing price. It is agreed that the Parties will list the property for sale within one (1) week of the choosing of the third Broker, and that the Parties will accept the first reasonable offer which meets the fair market value as determined by this Broker. WIFE shall receive the proceeds generated from the sale. In preparing for the sale of the residence, WIFE shall execute an authorization to permit Thomas M. Clark, Esquire and HUSBAND to obtain and receive all information regarding the residence including any listing contract, listing price, showings, offers or contracts for sale. Only offers from bona fide qualified purchasers shall be accepted. 13. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 14. MOTOR VEHICLES: The parties agree to divide the motor vehicles as follows: HUSBAND shall retain sole and exclusive possession of the 1967 Mustang, the 2005 Ford F 150 and the 2004 Honda Motorcycle. WIFE shall retain sole and exclusive possession of the 1997 Pontiac. Each party is responsible for the vehicles distributed to them, including the payment of insurance and maintenance, and each party agrees to indemnify and hold harmless the other party for failure to make payments thereon. Further, each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 15. DEBT: The parties accumulated debt during their marriage which they intend to equitably divide between them. HUSBAND shall be responsible for all debts presently in his name and WIFE shall be responsible for all debts presently in her name. Each party shall be responsible for and shall fully assume the balances on the debts distributed to him or her pursuant to this Paragraph and shall indemnify and hold the other party harmless against any liability resulting from failure to make payments as prescribed herein. 16. PENSIONS/ RETIREMENT ACCOUNTS: HUSBAND is the owner of a Pension Plan through his employment with the Bethlehem Steel Corporation. It is agreed that HUSBAND shall retain sole and exclusive ownership of this account, and that WIFE hereby waives any right, claim or interest she may have therein. Specifically, WIFE waives any right to future interest to include, but not limited to, any survivor benefit, in HUSBAND's pension. Additionally, WIFE will cooperate in signing any and all documentation required by the employer to allow HUSBAND to drop any survivor benefit payment. WIFE is the owner of a 401(k) through her employment with Office Max. It is agreed that WIFE shall retain sole and exclusive ownership of this account and that HUSBAND hereby waives any right, claim or interest he may have therein. 17. LIFE INSURANCE: Each party agrees that WIFE shall retain the Primerica Life Insurance Policy in her name and HUSBAND hereby waives any right, claim or interest he may have therein. Each party shall retain sole ownership of any other life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 18. HEALTH INSURANCE: Each party shall be responsible for their own health insurance coverage. 19. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. To the extent that arrears remain on the former spousal support Order (Docket No. 00590 S 2005; PACSES No. 835107503), HUSBAND shall continue to pay arrears at the current spousal support rate. With the exception of paying arrears, HUSBAND shall not be responsible for any additional spousal support payments. Once the arrears at Docket No. 00590 S 2005 are paid in full, the matter shall be dismissed with prejudice. 20. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, 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. 21. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2006. 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 and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as 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. 24. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. Reasonable legal fees shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgement or decree in connection with this Agreement. Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 31. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither parry has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parry shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. SAMUEL ERRINGTON nz Z-? Thomas M. Clark, Esquire MELODY tJZ'RWGTON G(/ ? f Way e F. Shade, Esquire COMMONWEALTH OF PENNSYLVANIA COUNTY OFD Ou w\6RC /,* r,) : SS. On this, Sc'- day of , 2007, before me a Notary Public, personally appeared Melody Errington, know to me to bet e person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary P blip COMMONWEALTH OF PENNSYLVANIA p Uiv{y+E ,i TRITT Notary jNic SS. Carlisle Boro , ;UnIberland Courgt., pSti ^ -too-u. COUNTY OF b On this, the ay of , 2007, before me a Notary Public, personally appeared Samuel Errington, known to me to be We person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NRay Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeanette L. Roberts, Notary Public Dillsburg Boro, York County My Commission Expires Aug. 22, 2010 Member, Pennsylvania Association of Notaries pm - mss " cr> IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * * * CIVIL ACTION - LAW IN DIVORCE * * * * AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on August 5, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ? as aoa Date Samuel C. Err ington Plaintiff d CK, -r? .......? Mrs) in rrnm ? a rn r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * * CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 11001, 02 02 D 00 7 (ool? Date S uel C. Errington Plaintiff is -,? -q -n mr3? M MM ?? rn SAMUEL C. ERRINGTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 05- x401 q VS. NO. -94 --4Z-1A CIVIL MELODY ERRINGTON, Defendant IN DIVORCE ORDER OF COURT AND NOW this Ong day of , 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated February 5, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q W?G Edgar B. Bayley, P.J. cc: as M. Clark Attorney for Plaintiff Xayne F. Shade Attorney for Defendant A ?a C ? C? 7? _- -r? ?u ?`? "=', -s r'a ?- ? _? ?? ?? ? .., ? ?, ,, .? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on August 5, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date Melody Errin o Defendant i- -? JAG _ ,y,. r r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * CIVIL ACTION - LAW IN DIVORCE * * * WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date Melody rringfQVI Defendant r-Zl 0- 'T t i S ? 9"1 U t \ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * * * CIVIL ACTION - LAW IN DIVORCE * PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant's Attorney Accepted Service of the Complaint on August 15, 2005, said Acceptance of Service was filed with this Honorable Court on August 31, 2005. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff. February 20, 2007 ; By Defendant: February 21, 20067 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated February 5, 2007, and filed with this Honorable Court on February 13, 2007. • - ',%. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: February 27,2007; Date Defendant's Waiver of Notice in Section 3301(c) Divorce wasfiled with the Prothonotary: March 7, 2007. Respectfully Submitted: Date: L Cl By: Thomas M. Clark, Esquire Supreme Court I.D. #85211 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) r`'? ? ?''1 -r? . ? .-,,, -y- -rt -"- l ,"S ?-=- c?.5 ?` ?? ;}:., :.?? = ,. ?: ?; ;? 1 ?F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SAMUEL C. ERRINGTON, Plaintiff VERSUS MELODY ERRINGTON, Defendant No. 2005-4014 CIVIL TERM DECREE IN DIVORCE AND NOW, OVA ` 1-7 , IM , IT IS ORDERED AND DECREED THAT SAMUEL C. ERRINGTON AND MELODY ERRINGOTN ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms and provisions of the Marital Settlement Agreement signed by the parties and dated February 5, 2007 are hereby incorporated but not merged in the Decree of Divorce and remain binding upon the parties. BY THE COURT: w a T ' ATTEST: J. PROTHONOTARY t-. .?. ?,, Y ?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * * * CIVIL ACTION - LAW IN DIVORCE * * * * PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND NOW, this AS ay of February, 2008, comes the Plaintiff, Samuel C. Errington, by and through his attorney, Thomas M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for Enforcement of Marital Settlement Agreement, respectfully averring as follows: 1. Plaintiff, Samuel C. Errington (hereinafter referred to as "Husband"), is an adult individual who currently resides at 62 Bethel Church Road, Dillsburg, Pennsylvania 17019. 2. Defendant, Melody Errington (hereinafter referred to as "Wife"), is an adult individual who currently resides at 101 B Street, Plainfield, Pennsylvania 17081. 3. Husband and Wife were married on December 23, 1979 in Cumberland County, Pennsylvania. 4. On August 5, 2005, Husband filed a Complaint in Divorce. 5. On February 5, 2007, Husband and Wife entered into a Marital Settlement Agreement. A copy of the Marital Settlement Agreement is marked Exhibit "A", attached hereto and incorporated by reference herein. 6. On April 17, 2007, a Decree in Divorce was entered in this matter. 7. Section 12 of the Marital Settlement Agreement states as follows: WIFE is to refinance the mortgage, currently in the joint names of the parties, into her own name. If this has not already been accomplished at the time this Agreement is made effective, it is agreed that WIFE shall successfully refinance so to remove HUSBAND from the mortgage within one (1) year of the effective date of this Agreement. WIFE shall remain solely responsible for any and all payments related to the mortgage, real estate taxes, homeowner's insurance and maintenance of said property, and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments thereupon .... In the event that WIFE shall default or be late on a mortgage obligation by more than thirty (30) days, the residence shall be listed for sale. Within forty-eight (48) hours after receiving HUSBAND's request for sale of the property, HUSBAND and WIFE shall pick a broker for the sale of the residence. If HUSBAND and WIFE do not agree on a Broker for the sale of the property, HUSBAND and WIFE will each choose a Broker. The Broker for HUSBAND and the Broker for WIFE will be responsible for choosing a third Broker. The third Broker will handle the sale of the residence. The parties agree to accept whichever third broker is chosen, and the Parties agree to accept the Broker's listing price. It is agreed that the Parties will list the property for sale within one (1) week of the choosing of the third Broker, and that the Parties will accept the first reasonable offer which meets the fair market value as determined by this Broker. WIFE shall receive the proceeds generated from the sale. 8. The parties remain jointly obligated to the mortgages on this property. The first mortgage on the property has a monthly payment of $939.00, including taxes and insurance escrows. There is also a second mortgage on the property. 9. As of the date of this Petition, it has been more than one (1) year since the signing of the Marital Settlement Agreement and Wife has not refinanced the mortgages into her name alone. 10. Since the date of separation Wife had missed numerous mortgage payments. Husband had previously filed two (2) Petitions for Special Relief. Both Petitions were withdrawn when Wife was able to cure the defaults. 11. At the time of this Petition, Husband received notices that the first mortgage is again past due. It is believed and therefore averred that Wife is again at least five (5) months behind on the mortgage payments. 1.2. Wife has listed the property for sale. At the time of this Petition, the property has been listed for several months. 13. Husband has had contact with the realtor regarding the sale of the property. 14. Based on his conversations with the realtor, Husband believes that Wife is not following the advice of the realtor and that Wife has overpriced the property. 15. It is believed and therefore averred that overpricing the property will drive away potential buyers. 16. Wife's living in the marital residence and failing to make monthly payments on the residence is negatively affecting Husband. It is believed and therefore averred that the mortgage company has begun foreclosure proceedings. Moreover, Wife's failure to make mortgage payments negatively affects Husband's credit rating. 17. The parties' Marital Settlement Agreement can be enforced by either Husband or Wife in equity. Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of the Property Settlement Agreement. 18. If it is determined that a breach has in fact occurred, the parties agreed to pay all attorney's fees, costs, damages or collateral expenses that the other spouse may sustain or incur in any way whatsoever as a consequence of any default or breach by the other spouse any of the terms or provisions of this Agreement. 19. Section 3502(e) of the Divorce Code reads, in pertinent part: If, at any time, a party has failed to comply with an order of equitable distribution, as provided for in this chapter or with the terms of an agreement as entered into between the parties, after hearing, the court may, in addition to any other remedy available under this part, in order to effect compliance with its order: (1) enter j udgment; .. . (3) award interest on unpaid installments; ... (6) issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the person willfully failed to comply with the court order, it may deem the person in civil contempt of court and, in its discretion, make an appropriate order, including, but not limited to, commitment of the person to the county jail for a period not to exceed six months; (7) award counsel fees and costs; (9) find the party in contempt. 20. This matter has not been previously assigned to any Judge for any other issue in this or any related matter, though The Honorable M. L. Ebert, Jr. executed the Divorce Decree on April 17, 2007. 21. The undersigned has sought the concurrence of Wayne Shade, counsel of record for Wife. Attorney Shade stated that he has had no contact with Wife and that Wife could be served directly. WHEREFORE, Plaintiff respectfully requests This Honorable Court direct as follows: A. The marital residence at 101 B Street, Plainfield, Pennsylvania, shall be immediately listed for sale at reasonable price to be determined by this Court; B. Husband shall be in agreement with any real estate broker used in selling the marital residence; C. Wife shall reduce the sale price of the real estate if it is recommended by the real estate broker; D. Wife shall pay to Husband's counsel the amount of reasonable counsel fees and expenses incurred in connection with the filing, preparation, and disposition of the instant Petition; and E. Any other equitable relief the Court deems appropriate. Dated: Z Ag o? Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. /1 -. Z- 4', Thomas M. Clark, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 85211 VERIFICATION 1, Samuel Errington, verify that the statements made in this Petition 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: ell SAMUEL ERRINGTON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 And Melody Errington 101 B Street Plainfield, PA 17081 Date: 2 A_Ikze_?'8 By: Thomas M. Clark, Esquire CD w r °"' Samuel C. Errington, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4014 CIVIL Melody Errington, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 11th day of March, 2008, upon consideration of the Petition for Enforcement of Marital Settlement Agreement filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before April 7, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Thomas M. Clark, Esquire Attorney for Plaintiff C, Wayne F. Shade, Esquire Attorney for Defendant ?1t2F L"I 6arc?WfIVA-? bas Cop I*ev rn:u LCL -3fl1/oo *'-trq %\ t M. L. Ebert, Jr., J. 6 £ .Z Wd i i NVW RON AUViON"ClH.r;c,d 3HI JO V April 2, 2008 To the Office of the Prothonotary, (cc: Attorney Thomas Clark) Re: Civil case 05-4014 Samuel Errington v. Melody Errington Dear Sir/Madam: I must first inform you that Attorney Wayne Shade no longer represents my interests, as I am not in a financial situation to afford an attorney at this time. Therefore, I will be representing myself unless the court can provide representation on my behalf. Responses to listed items of Petition dated Feb. 28, 2008: (9.) I was not able to refinance the mortgage into my own name. I attempted to refinance thru many lenders but was denied. I was told that my credit and financial situation would not permit me to do so. This situation was created when the Plaintiff walked out of the marriage of 25 years and left me with no assistance with the mortgage or any marital bills. It was only after 5 months and numerous court hearings that I received spousal support. I have applied for government grants and assistance programs to no avail. (11.) The mortgage had gone to pre-foreclosure steps as I was laid off from my employer and had to go on unemployment, which seriously reduced my income. I have filed for hardship consideration thru the lender Chase Mortgage under the Project Life Bill of which they are participating lenders. They have a specialist working on my case. I have in my possession, a bank check for $3000.00 made out to Chase for 3 payments, which I was instructed to fax them a copy and retain in my possession until further instructions come from them. I was also instructed not to make additional payments until they make their decision. (12. - 15.) Upon notification from the Plaintiffs' council that Mr. Errington was invoking his right to force the sale of the house, I immediately acquired a real estate agent and notified them as to such. Both parties and Plaintiffs' council agreed to said agent and agency, Remax of Dillsburg. It is my further understanding that Plaintiffs' council (Attorney Clark and his firm, The Wiley Group) have used this agency for their own professional needs. Therefore, the integrity and resolve of the agentlagency should not be questioned. As to my following my agent's advice, the house was listed at the price that she saw suitable for the home and market. I have also taken 3 price reductions in the amount of $10,00.00 each over the course of the listing as I was advised. I have not in any way refuted or refused the advise of my agent. On March 20, 2008, the agent notified Mr. Errington that the listing would expire on March 24, 2008. He was told that he would need to sign to keep the property on the market. Mr. Errington refused, saying that he wanted to speak to his attorney first. The agent was not notified of his response until after the listing expired. Mr. Errington said that he would only sign the new listing if I agreed to take another price reduction of a "few" thousand dollars. I was also informed that if I did not do this, they wanted it in writing so as to be used against me in court. I see these actions as a form of extortion and malice on his part. I signed the reduction and relisted the property. (16.) I have not in any way intentionally tried to negatively impact Mr. Erringtons' credit. As previously stated, I was financially devastated when he walked out. I have managed to hold onto this house and pay the marital bills as best I could for almost 3 years, depleting all my resources. He took no consideration of my credit when he left me destitute and cost me thousands of dollars in attorney fees to get any kind of relief. In response to this issue, I notified Attorney Clark via voicemail on March 25, 2008, that I was working with the lender, as previously stated, and they are also working on a mortgage assumption which will allow me to assume the mortgage in my name only, relieving Mr. Errington of any further obligations. I told Attorney Clark that they needed to know if Mr. Errington would agree to sign for the assumption before proceeding further and to contact me the next day between 9am and 12pm. I did not get a response until April 1, 2008, one week later, from Attorney Clark. When he spoke to me, he informed me that he had not even spoken to his client about this matter as of yet. He wanted to know the stipulations of the assumption. I explained to him that I did not know yet as they first needed to know if Mr. Errington would be in agreement. He said that he would contact him and let me know. As of this letter, April 2, 2008,1 have had no response. (17. -19.) As I have explained throughout this answer to the Relief Petition, I do not feel that I have defaulted on the agreements of the divorce. I have made every attempt to comply within my powers, therefore I am requesting that no relief be given to the Plaintiff in any form including but not limited to, attorneys fees and court costs. By the time you receive this letter, a sales agreement should be signed for the house. The buyers have received approval for financing contingent upon the sale of their property. This is of course contingent upon Mr. Errington signing the sales agreement. Therefore, I am requesting that there be no court intervention on the pricing, marketing and/or sale of the house. I am also requesting that you find that I was not in contempt of the court orders as I have made every attempt to comply. Respectfully su itted, Melody Errington, Defendant 101 B Street Plainfield, PA 17081 (717) 249-8123 Samuel C. Errington, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 05-4014 CIVIL Melody Errington, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 8th day of April, 2008, upon consideration of the Petition for Enforcement of Marital Settlement Agreement filed by the Plaintiff and the Answer filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that a hearing shall be held on Wednesday, May 28, 2008, at 2:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, '\?? -1 ?-" V M. L. Ebert, Jr., t/ homas M. Clark, Esquire Attorney for Plaintiff Xlody Errington, P Defendant t bas V V4\fI AW-NN,d L S :01 WV $- M BOOZ %NOHiQbi 3HL 10 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMUEL C. ERRINGTON, Plaintiff * NO. 05-4014 Civil Term vs. * * CIVIL ACTION - LAW IN DIVORCE MELODY ERRINGTON, Defendant STIPULATION OF THE PARTIES AND NOW, this 2-f L)day of May, 2008, comes the Plaintiff, Samuel C. Errington, by and through his attorney, Thomas M. Clark, Esquire, of Colgan & Marzzacco, LLC., and the Defendant, Melody Errington, and hereby enter the following Stipulation of the Parties: 1. Plaintiff, Samuel C. Errington, is an adult individual who currently resides at 62 Bethel Church Road, Dillsburg, Pennsylvania 17019. 2. Defendant, Melody Errington, is an adult individual who currently resides at 101 B Street, Plainfield, Pennsylvania 17081. 3. On February 5, 2007, Plaintiff and Defendant entered into a Marital Settlement Agreement. 4. On April 17, 2007, a Decree in Divorce was entered in this matter. 5. On March 2008, Plaintiff filed a Petition for Enforcement of Marital Settlement Agreement in this matter. f` 6. A hearing on Plaintiffs Petition for Enforcement of Marital Settlement Agreement is scheduled for May 28, 2008, in the Cumberland County Court of Common Pleas. 7. Section 12 of the Marital Settlement Agreement states as follows: WIFE is to refinance the mortgage, currently in the joint names of the parties, into her own name. If this has not already been accomplished at the time this Agreement is made effective, it is agreed that WIFE shall successfully refinance so to remove HUSBAND from the mortgage within one (1) year of the effective date of this Agreement. WIFE shall remain solely responsible for any and all payments related to the mortgage, real estate taxes, homeowner's insurance and maintenance of said property, and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments thereupon .... In the event that WIFE shall default or be late on a mortgage obligation by more than thirty (30) days, the residence shall be listed for sale. Within forty-eight (48) hours after receiving HUSBAND's request for sale of the property, HUSBAND and WIFE shall pick a broker for the sale of the residence. If HUSBAND and WIFE do not agree on a Broker for the sale of the property, HUSBAND and WIFE will each choose a Broker. The Broker for HUSBAND and the Broker for WIFE will be responsible for choosing a third Broker. The third Broker will handle the sale of the residence. The parties agree to accept whichever third broker is chosen, and the Parties agree to accept the Broker's listing price. It is agreed that the Parties will list the property for sale within one (1) week of the choosing of the third Broker, and that the Parties will accept the first reasonable offer which meets the fair market value as determined by this Broker. WIFE shall receive the proceeds generated from the sale. 8. In Plaintiffs Petition for Enforcement of Marital Settlement Agreement, Plaintiff made a claim for attorney's fees that he has paid in enforcing the Martial Settlement Agreement. F' 9. Per the Marital Settlement Agreement, Defendant had a duty to refinance the home within one (1) year of signing the Martial Settlement Agreement. Defendant failed to refinance the home within one (1) year of signing the Martial Settlement Agreement. 10. The parties have agreed and stipulate that, in exchange for Defendant reimbursing Plaintiff $1,000.00 in attorney's fees, Plaintiff would withdraw his Petition for Enforcement of Marital Settlement Agreement. 11. Defendant agrees that the payment of $1,000.00 will be made within ten (10) days of the signing of this Stipulation. 12. Upon the signing of this Stipulation, the parties agree that the hearing for May 28, 2008, shall be canceled. 13. Each party acknowledges that they fully understand the facts relative thereto and that this Stipulation is being entered into freely and voluntarily. The parties further acknowledge that the execution of this Stipulation 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. 14. If either party breaches any provision of this Stipulation, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this Stipulation shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Stipulation. 15. The Marital Settlement Agreement dated May 28, 2008 shall remain in full force and effect. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals. Sa uel C. Errington Date P mti omas Clark, Esquire Date Attorney for Plaintiff 'I Mel dy Erringto Da e Defendant fitness Date co r `!7 4i' b A A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA e? MAY 2 9 2008 eel" SAMUEL C. ERRINGTON, Plaintiff VS. MELODY ERRINGTON, Defendant * NO. 05-4014 Civil Term * CIVIL ACTION - LAW IN DIVORCE n? AND NOW, TO WIT, this 2, day of J , 2008, it is hereby ORDERED AND DECREED that the attached Stipulation of the Parties is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: %?j .,DISTRIBUTION: homas M. Clark, Esquire, 130 W. Church Street, Dillsburg, PA 17019 Melody Errington, 101 B Street, Plainfield, PA 17081 ???,?, is ?; '•-1 LO -01 ',,IV Z- K it 80132