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Home My WebLink About05-6719IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY E. MARLOWE, Plaintiff No. Os- 9 ( V. FREDERICK W. MARLOWE, Defendant 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-8oo-99o-9108 AVISO PARA DEFENDERY RECLAlYIAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las p6ginas siguientes, debe tomar action con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulacion puede ser emitido en su contra por la Corte. Una decision tambien ser emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULA MIENTE SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PAR!1 AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-8oo-99o-9108 AMERICANS WITH DISABILITIES ACT OF iggo The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 199o. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-8oo-990-91o8 Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY E. MARLOWE, Plaintiff No. oS=G v. FREDERICK W. MARLOWE, Defendant : IN DIVORCE COUNT I COMPLAINT UNDER SECTION 3-301(c) and avoi(d) OF THE DIVORCE CODE AND NOW comes MARY E. MARLOWE, by and through her attorney, Maryann Murphy, Esquire, who respectfully avers as follows: 1. Plaintiff is MARY E. MARLOWE who resides at 550o Bear Creek Drive, Mechanicsburg, and Cumberland County, Pennsylvania 17050. 2. Defendant is FREDERICK W. MARLOWE who resides at 121 South Second Street, Dillsburg, and York County, Pennsylvania 17019. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 25, 1985 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. q. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II CLAIM FOR EOUrFABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE io. Plaintiff hereby incorporates by reference all of the averments contained in Count I of this Complaint in Divorce. il. Plaintiff and Defendant are the owners of a marital residence, retirement benefits, motor vehicles and other personal property acquired during the marriage which are subject to equitable distribution by this Court. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of the Complaint. 13. Defendant requests this Court to equitably distribute the parties' marital property. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and the Defendant, and equitably distribute the marital property. Respectfully submitted, Maryan urphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-04122 I.D. # 61900 Attorney for Plaintiff AFFIDAVIT I, MARY E. MARLOWE, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of i8 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. g•d Tdbo-oBL-LTL MARY E. MA"WE FydinW uueajeW dbb:60 So oa 3a0 K? VY G n h r ?fT r° J? 11 C7 ?? O ?J ? 1 1 f? ,,. by IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY E. MARLOWE, Plaintiff : No. 05-6719 Civil Term V. IN DIVORCE FREDERICK W. MARLOWE, Defendant AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: L That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on December 28, 2005, the Complaint in Divorce was mailed by first class U.S. mail, postage prepaid, to the Defendant at the following address: 121 South Second Street Dillsburg, PA i7o19 3. That on January 24, 2oo6, the Defendant signed an Acceptance of Service which is attached hereto. DaeA JO/ ? Maryanh Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 61goo Attorney for Plaintiff y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARY E. MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, Defendant NO. 05-6719 Civil Term IN DIVORCE ACCEPTANCE OF SERVICE I, FREDERICK W. MARLOWE, Defendant in the above-captioned case, do hereby depose and say that I personally received and accepted service of a true and correct copy of the Complaint in Divorce on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date Frederick W. Marlowe, Defendant ? ? ? ' ?- ? -!, ?' ? ? n ? A '' o ? U> ;. r??-: -c? C>t7 ' ` <_ ? , ? ?' c ' J ??n ..- .? --? MARY E. MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-6719 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Jeannd B. Costopoulos, Esquire, as attorney of record for Defendant, Frederick W. Marlowe, in the above captioned matter. Dated: 3l/7/FCW' By: Jeannd B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 Facsimile No. (717) 920-9108 PA Supreme Ct. ID No. 68735 MARY E. MARLOWE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6719 CIVIL TERM FREDERICK W. MARLOWE, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Maryann Murphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050-3079 By: eanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Telephone: (717) 920-2500 / Facsimile No. (717) 920-9108 ?/ r7?Zr17lpr PA Supreme Ct. ID No. 68735 Dated: t ? (?> eT ? l ..y. - ._ __{ r_-, `° ra r c?t.? ?.? ?. - ? __ , , c, ?i { '_.} ?- ' =t F MARY E. MARLOWE, Plaintiff V. ERICK W. MARLOWE, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-6719 : CIVIL ACHON - IN DIVORCE CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, hereby certify that I have this date served a copy of the Plaintiffs Request for Production of Documents (First Set) on Defendant by mailing a copy of same to Defendant's counsel by first class, U.S. mail, postage prepaid, at the following address: SERVICE BY FIRST CLASS MAIL TO: Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17ou (Attorney for Defendant) Date: June 23, 2oo6 Respectfully submitted, Maryann Mu y, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17o5o (717) 730-0422 I.D. # 619oo MARY E MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-6719 : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, hereby certify that I have this date served a copy of the Plaintiffs First Set of Interrogatories to Defendant by mailing a copy of same to Defendant's counsel by fast class, U.S. mail, postage prepaid, at the following address: SERVICE BY FIRST CLASS MAIL TO: Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Date: June 23, 20o6 Respectfully submitted, Maryann M hy, Esquire PMB 246 4902 Carlisle Pike Mechanisburg, PA 17o5o (717) 730-0422 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, Defendant NO. 2005-6719 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Mary C- . Mar1®cve, Withdraw my appearance on behalf of Mae , MARY NN MURPHY, S UIR Date: a201?? PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Plaintiff, Mary E Marlowe. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road GamD-HH1,,PA 17011 DtAME G. DCLIF , ESM112E Date: S b o `v oo Q ? rte '?- Motion For Sanctions and/or to Compel Discovery Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff, Mary E. Marlowe MARY E. MARLOWE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2005-6719 CIVIL TERM V. FREDERICK W. MARLOWE, Defendant : CIVIL ACTION -LAW : IN DIVORCE PLAINTIFF'S MOTION FOR SANCTIONS AND/OR TO COMPEL DISCOVERY Plaintiff, Mary E. Marlowe, by her attorney, Diane G. Radcliff, Esquire, files this Motion for Sanctions and/or to Compel Discovery and in support thereof represents the following: 1. On or about June 23, 2006, Plaintiff, through her former attorney, Maryann Murphy, Esquire, sent to the Defendant, through his attorney, Jeanne B. Costopoulos, Esquire, an original and two copies of Plaintiff's First Set of Interrogatories ("Interrogatories"), and Request for Production of Documents addressed to the Defendant ("Request for Production of Documents"). A true and correct copy of the Interrogatories is attached hereto, marked Exhibit "A" and made a part hereof. A true and correct copy of the Request for Production of Documents is attached hereto marked Exhibit "B" and made part hereof. 2. Since the Interrogatories and Request for Production of Documents were sent to Defendant's counsel, Plaintiff through her legal counsel have sent numerous requests for compliance with the aforesaid discovery requests to no avail. 3. As of the date of this Motion, Defendant has failed to provide his Answers or Objections to the Interrogatories nor has Defendant produced the documents -1- requested in the Request for Production of Documents either individually or through his attorney. 4. The 30 day time period allotted under the Pennsylvania Rules of Civil Procedure for providing Answers to the Interrogatories or Responses to the Request for Production of Documents has expired, that period expiring on July 24, 2006. 5. Sanctions may be entered by the Court upon motion Pursuant to Rule 4019(a)(1) if: i. a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005 [Pa.R.C.P. 4019(a)(1)(i)]; ii. a person, including a person designated under Rule 4004(a)(2) to be examined, fails to answer, answer sufficiently or object to written interrogatories under Rule 4004 [Pa.R.C.P. 4019¢a)(1)(iii)]; iv. a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested [Pa. R. C. P. 4019(a) (1) (vii)]; viii. a party or person otherwise fails to make discovery or to obey an order of court respecting discovery [Pa.R.C.P. 4019(a)(1)(viii)]. 6. Because the Defendant has failed to comply with the Plaintiff's discovery requests, an order should be entered granting Plaintiff's requests to compel discovery and or for sanctions against the Defendant. 7. On October 6, 2008, Defendant's counsel was advised of the intended filing of this Motion. 8. There has been no Judge assigned to this case. WHEREFORE, pursuant to Pa. R.C.P. 4019, Plaintiff respectfully requests this Honorable Court to enter an Order: 1. Requiring the Defendant to provide his Answers or Objections to the Interrogatories and to produce the documents requested in the Request for -2- Production of Documents either individually or through his attorney for purposes of inspection and/or copying. 2. Pursuant to Pa.R.C.P. 4019(c)(4), imposing punishment for contempt for failure to answer the Interrogatories and produce the documents requested. 3. Pursuant to-Pa.R.C.P. 4019(c)(5), for such other relief as this Honorable Court may deem just. 4. Pursuant to Pa.R.C.P. 4019(8)(1) Awarding Plaintiff attorney's fees and costs, if Defendant fails to comply with any order entered pursuant to this Motion requiring compliance with the discovery requests; Respectfully submitted, D LIF ESQ RE 3 4=Trindle?oad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff -3- CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on October 6, 2008, 1 served a copy of the foregoing Motion for Sanctions and/or to Compel Discovery upon Jeanne B. Costopoulos, Esquire, Attorney for Defendant, by mailing same by first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 5000 Ritter Road • Suite 202 Mechanicsburg, PA 17055 Respectfully submitted, -4- Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff MARY E. MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA :NO. o5-6719 : CIVIL ACTION - IN DIVORCE PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT TO: Frederick W. Marlowe, Defendant c/o Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17o 11 Demand is hereby made by Mary E. Marlowe, Plaintiff, to Frederick W. Marlowe, Defendant, for full and complete answers, under oath or certification, to the following Interrogatories within the time and in the manner prescribed by the rules of this Court. You are required to file answers to the following Interrogatories within thirty (3o) days after service upon you pursuant to Pa.R_C.P. 1930.5 and 4005. You are notified that your answers, duly executed and sworn, must be entered after the corresponding numbered Interrogatory or part thereof, attaching such additional pages as may be required for complete answers. Mary E. Marlowe, Plaintiff, further requests that Frederick W. Marlowe, Defendant, produces certain documents as set forth herein for purposes of inspection or copying pursuant to Pa.RC.P. 4009. These Interrogatories are continuing in nature. If the responses to the questions change or you become aware of new information, there is an obligation to supplement the responses. Failure to do so may result in the imposition of sanctions. INSTRUCTIONS AND DEFINITIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none or "unknown", that must be written as the answer. If the question is inapplicable, "N/A" must be written in the answer. Wherever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or approximation thereof and note that such answer is an estimate or approximation. Whenever the word "identify" or "identity" is used in reference to a person, corporation or other entity, this means to state, if appropriate, his, her or its full name, present address and business affiliation. "Documentation" refers to writings or recordings of any kind including but not limited to: letters, memoranda, correspondence, drawings, guidelines, resolutions, photographs, microfilm, printouts, computer discs, electronic storage, pamphlets, notebooks, notes, forms and every type of data compilation. "Identity" when applied to documents, means to describe the contents and to state the tide, date of composition, author and, if different, the signer(s), the type of documents (e.g., letter, memorandum, telegram, etc.), a brief description of its contents, its location and the name and address of the current custodian. "Date of Marriage" is defined as May 25, 1985• "Date of Separation" is defined as on or about June 3, 2004. 1. Please state your full name, address, and social security number. ANSWER: 2. State the name, age, gender and relationship to you of each person residing at 121 South Second Street, Dillsburg, PA since the date of separation. ANSWER: 3. State whether you presently own or have any interest in, or during the last five years have owned or had any interest in, any real estate properties including, but not limited to, the marital residence. If so, for each property, state: ANSWERS: a. The date the real estate was acquired. b. How the property is titled. C. The amount of the mortgage(s) at the present time and who has been paying the mortgage(s) since the date of separation. d. The last date the full mortgage payment was made and by whom. e. The last date you made the full mortgage payment. £ The present market value of the property and how you determined the market value. g. The nature and dollar amount of any lien and/or encumbrances on the property not indicated in a previous answer. h. The current assessed valuation assigned the property for real estate taxation purposes. L From the date of separation, list any and all offers made, whether verbal or written, to purchase the marital residence; and state the asking price. 4. State your educational background, including the name of each college, university, graduate, technical, or trade school attended; the dates of attendance; dates of graduation; type of training; and type of degree. ANSWER: 5. As to your employment, please provide the following information for your most recent employer and all employers that you have had for the past five years: ANSWERS: a. The full name, address, and telephone number of your employers; b. The date you commenced and ended your employment; C. Your job title or positions(s); d. Whether you were paid on a monthly, bi-weekly, weekly or daily basis; and e. You average monthly, bi-weekly, weekly, or daily income. 6. Have you received or are you entitled to receive any bonuses, severance pay, sick leave or vacation pay during the past five years? If so, state the amount of all such monies received and the amount of all such monies you are entitled to receive, identify the source and detail when each was received or when you expect to receive the monies. ANSWER: 7. Specifically state the disposition of all such monies received in question 6 above. ANSWER: 8. What have been the sources of your income for the past five years (i.e., interest, dividends, rentals investment income, inheritance, gifts, prize winnings, etc.), if any, other than your earned income from the employment listed herein? Please indicate specifically each source of that income and the following: ANSWERS: a. The type of income received. b. Was/is the income received on a regular basis, i.e., weekly, monthly, semi-annually, etc.? If a one-time payment, please indicate the date received or to be received. C. From whom was/is it received. d. The amount received during each of the last five years from each source. 9. List all bank, savings and loans, credit unions, and financial institutions in which you, individually or jointly with another, have or had an account(s), commencing from one year prior to the date of separation to the present. For each account listed, state the following: ANSWERS: a. The institution where the account is located; b. The account number; C. The names of the owner(s) of the account; and d. The balance of the account on the following dates: (1) The date of marriage; (2) One year prior to the date of separation; (3) The date of separation; (4) Date you answered these Interrogatories. lo. List all bank, savings and loans, credit unions, and financial institutions, in which you, individually or jointly with another, have made deposits or caused deposits to be made to an account titled to another person or persons commencing from the date of marriage to the present. For each account listed, state the following: ANSWERS: a. The institution where the account is located; b. The account number; C. The names of the owner(s) of the account; and d. The balance of the account on the following dates: (1) The date of marriage; (2) One year prior to the date of separation; (3) The date of separation; and (4) Date you answered these Interrogatories. 11. Do you now or have you ever owned any certificates of deposit, individually or jointly with another? If your answer to this Interrogatory is in the affirmative, for each certificate of deposit please state: ANSWERS: a. The institution that holds the certificate of deposit; b. The applicable interest rate for the certificate of deposit; C. The date the certificate of deposit was purchased; and d. The maturity date of the certificate of deposit. 12. Are you the owner, individually or with others, of any interest in any securities or in any mutual funds, money market funds, bonds, or municipal funds, etc? If so, please list the following for these securities or funds: ANSWERS: a. The name of the securities or fund account; b. The account numbers; C. State the balance on each of the following dates: (1) The date of marriage; (2) One year prior to the date of separation; (3) The date of separation; and (4) Date you answered these Interrogatories. d. State the date on which you opened or purchased the securities or funds. ANSWER: 13. Have you purchased, provided funds to purchase or made deposits to any securities or in any mutual funds, money market funds, bonds, or municipal funds, etc. not listed above? If so, please list the following for these securities or funds: ANSWERS: a. The name of the securities or fund account; b. The account numbers; C. State the balance on each of the following dates: (1) The date of marriage; (2) One year prior to the date of separation; (3) The date of separation; and (4) Date you answered these Interrogatories. d. State the date on which you opened or purchased the securities or funds. ANSWER: 14. Do you have, or five years prior to the date of separation have you had, any interest in any qualified or unqualified deferred compensation arrangement or retirement program, including, but not limited to, Individual Retirement Account (IRA), Keogh Plan, 401(k) Plan, 403(b) Plan, SEP-IRA, military retirement, savings plan, annuity benefits, thrift savings plan, retirement plan, pension plan, CSRS, FERS, profit sharing plan, stock bonus plan, stock option plan, or thrift plan (excluding social security benefits), with your present employer, or any previous employer including self-employment? If so, please designate and indicate the name and type of the retirement plan, the name of the plan administrator, and the address of the administrator. ANSWER: 15. From five years prior to the date of separation, have you withdrawn or transferred any funds from the retirement/pension plans listed in question 13 above? If so, please specify the type of retirement/pension plan, the date(s) the funds were withdrawn or transferred, the amount withdrawn or transferred, and the disposition of these funds from the date of withdrawal or transfer to the present. ANSWER: 16. List all creditors, including the amount of debt owed, the account number, when incurred, the amount of the periodic payment, the date of the last payment was made, and the balance as of the date of separation and the present balance. ANSWER: 17. List all of the life insurance policies in which you are either the owner, the insured or the beneficiary, and set forth the following: ANSWERS: a. Identity of the insurance company and policy number; b. Face amount; C. Identity of the owner, insured and beneficiary and any relationship to you; and d. Cash surrender value at the date of separation and on the date you answered these Interrogatories. 18. Please list the following information for each vehicle in which you have an ownership interest: ANSWER: a. The make of the vehicle; b. The model of the vehicle; C. The year the vehicle was manufactured; d. The date you purchased the vehicle; and e. The value of the vehicle. 19. Have you had any appraisals done on any of the marital or non-marital property? If so, for each of the appraisals, please indicate the property that was appraised, the name and address of the appraiser, and the appraised amount. ANSWER: 20. List any and all property disposed of since the date of separation, the disposition of such property, identify those persons to whom it was sold or given, and the amount received for each item of property. ANSWER: 21. Please provide a list of witnesses, both expert and non-expert, who you intend to call at trial of this matter. ANSWER: 22. Please provide the following information for each business that you have an interest in at the present time or have had an interest from one year since the date of separation: ANSWER: a. The name of the business. b. The owners of the business. C. Your interest in the business. d. The structure of the business (corporation, partnership, etc.). e. The name and address of the person(s) who maintain the accounting and financial records for the business. f. A list of the assets and liabilities of the business. g. A current balance sheet for the business. h. Copies of the tax returns for the business for each year since the date of separation. Date: June 23, 20o6 Respectfully submitted, Maryann Mu by PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.D. # 619oo VERIFICATION I, FREDERICK W. MARLOWE, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: FREDERICK W. MARLOWE MARY E. MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, Defendant :IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 05-6719 : CIVIL ACTION - IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS (FIRST SET) TO: Frederick W. Marlowe c/o Jeanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 INSTRUCTIONS AND DEFINITIONS: MARY E. MAROLOW, Plaintiff, by undersigned counsel, hereby propounds the following Request for Production of Documents and tangible things pursuant to Rule 4009.1 of the Pennsylvania Rules of Civil Procedure. The documents and tangible things requested herein must be produced at the law office of Maryann Murphy, 39 West Main Street, Mechanicsburg, Pennsylvania 17055 within thirty (3o) days. Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered requests as a whole. If you have any objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve the written response to these requests within thirty (30) days of service of these requests on you regardless of the time set for production of the documents and things requested herein. You are reminded that any objection not raised within the thirty (30) days provided by Pa. R.C.P. Rule 4009.12(a)(1) will be deemed to be waived by you. These requests are not only for documents and tangible things which are owned by you, but also for documents and tangible things which are in your possession, custody, or control. This means that you must produce all documents and tangible things which are responsive to a particular request and which are in your possession, whether it is your property or not, or control, even if not in your possession. It also means you must produce documents and tangible things which are in the possession, custody or control of your agents, employees or attornevs. P LAIC EXHOff Before responding to these requests you are required to mare a diligent search of your files and records to ascertain whether you have documents which would be responsive to a given request Your agents, employees and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the following terms when used in these requests have the meaning indicated, unless a particular request clearly indicates otherwise: "You" or "your" refers to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, or other legally recognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees and attorneys, and requests which apply to any such legal entity should be construed accordingly. "Plaintiff' means the plaintiff or plaintiffs named in this action. "Defendant" means the particular defendant or defendants in this action to whom this request is addressed, as set forth above. "Document", "record", "file", and "report" all refer to and contemplate all written, recorded or graphic information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form on microfilm or microfiche, computer disc or by any other means of information retrieval or storage. You may produce discs for duplication or printing or may produce accurate and complete hard copy. For purposes of answering these requests, "Date of Marriage" is defined as May 25, 1985, and the "Date of Separation" is defined as on or about June 3, 2004. Plaintiffs Requests: 1. Federal and state income tax returns, including all attached schedules, W-2s, 1009s, and other attachments, filed by for the last five years. 2. All statements of your financial condition prepared by you or on your behalf for the past five years. 3. All statements including canceled checks, check registers, stubs and deposit slips issued by any bank, savings institution or other financial institution from one year prior to the date of separation to the present, for all accounts titled to you or to you and any other person, and for all accounts that you have the authority to write checks or otherwise withdraw funds from the account, and for all accounts where you have deposited funds during this time period. 4. All documents including the summary plan description and statements of account for one year prior to the date of separation to present for all retirement accounts that you have or had an interest in during the specified time including, but not limited to, Individual Retirement Accounts (IRA), Keogh Plan, 401(k) Plan, 403(b) Plan, SEP-IRA, military retirement, savings plan, annuity benefits, thrift savings plan, retirement plan, pension plan, CSRS, FERS, profit sharing plan, stock bonus plan, stock option plan, or thrift plan (excluding social security benefits), whether said accounts or plans were obtained through a current employer, a previous employer or through self-employment. 5. All brokerage statements pertaining to any accounts in which you individually or jointly with any other person, have or had any interest or made deposits to from a date one year prior to the date of separation to the present. 6. All securities in which you individually, or jointly with any other person, have or had any interest or made deposits to from a date one year before the date of separation through the present. 7. All stock certificates in which you individually, or jointly with any other person, have or had any interest or made deposits or purchases of from the date one year before the date of separation to the present. 8. All mutual fund statements in which you individually, or jointly with any other person, have or had any interest or deposited any funds from a date one year prior to the date of separation to the present. 9. All treasury notes, treasury bills, U.S. Savings Bonds, corporate bonds, and municipal bonds presently owned by you or in which you, individually, or jointly with any other person, have or had any interest in or purchased or contributed to the purchase of from a date one year before the date of separation to the present. 10. All savings certificates or certificates of deposit or any other depository receipts presently owned or in which you have or had any interest or made deposits to from a date one year before the date of separation to the present. 11. All financial statements or documents referring to any deferred compensation plan, to which you were or are entitled by reason of any past or present employment, for one year prior to separation to present. 12. Your income and earnings records including, but not limited to, payroll stubs or wage statements, any commission statements issued by any employer, or any 1o99s issued by any person or entity for which you have performed services for the past five years. 13. Financial records for any business that you currently have an interest in or have had an interest in since one year before the date of separation including a list of all assets and liabilities, copies of all financial statements prepared since one year before the date of separation and the name and address of all financial institutions where the business has/had financial accounts (checking, savings, loans, etc.). 14. All monthly credit card statements and other charge account statements, and supporting information, the accounts of which are in your name individually or jointly with any other person as of the date of marriage and at the date of separation to the present. 15. Documentation verifying the sale by you of any asset having a value in excess of $1oo.oo from one year prior to the date of separation to the present. 16. All mortgage, notes receivable or other evidence of debts due you individually or otherwise executed or payable as of the date of marriage, the date of separation and at the present time. 17. All life insurance policies in which you have or had any interest as an owner, insured, or beneficiary, including any change of beneficiary forms executed by you within the last five years and any and all statements received by you indicating cash surrender value from a date one year prior to the date of separation through the present. 18. Copies of any bankruptcy petition, including all schedules, that you have filed since the date of separation and the discharge notice if applicable. 19. Any documentation identified or used to prepare your Answers to Interrogatories if not otherwise provided. 20. Any and all documentation demonstrating any marital asset or debt not yet produced. 21. Any and all documentation demonstrating any non-marital asset or debt not yet produced. 22. Copies of any appraisals of marital or non-marital property that have been performed within the past five years. 23. Copies of all exhibits you plan to introduce at the trial of this matter. Bate: June 23, 2oo6 Respectfully submitted, Maryann urphy, Esquire PMB 246 4902 Carlisle Pike Mechanicsburg, PA 17050 (717) 730-0422 I.I. # 619oo i„, r _x ? -:? _... ?? T ?.._ ?i -c-: q._ --.3 t _a. :? {.,.. --? . ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, V. Plaintiff FREDERICK W. MARLOWE, Defendant NO. 2005-6719 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE (OCT 2 0 2008?/ RULE RETURNABLE RE: PLAINTIFF'S MOTION FOR ORDER FOR SANCTIONS AND/OR TO COMPEL DISCOVERY AND NOW, this 22 day of O`C , 2008, upon consideration of the within Motion, a Rule is entered upon the Defendant to show cause why the relief requested in the within Motion should not be granted. Rule returnable 0d days after service hereof. J. Distribution to: ?/ TTORNEY FOR PLAINTIFF: Diane G. Radcliff, Esquire, 3448 Trindte Road, Camp Hill, PA 17011 ATTORNEY FOR DEFENDANT: Jeanfle B. Costopoulos, Esquire 5000 Ritter Road • Suite 202, Mechanicsburg, PA 17055 Copt i2s fngtLcc?- JAMIDIRO VINVAIASNN3d 0+ :Z Wd ZZ 130 BQQZ AMQNC)810?A 3Hi JO 3l0!-J, O-9:nlj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, Defendant CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that onOctober 6.2008, I served a true and correct copy of the Motion for Order for Sacntions and/or To Compel Discovery, filed on October 17, 2008, upon Defendant's attorney, by mailing same by first class mail, postage prepaid, addressed as follows: Jeanne B. Costopoulos, Esquire 5000 Ritter Road • Suite 202 Mechanicsburg, PA 17055 I further certify that on October 27, 2008, I served a true and correct copy of the Rule dated October 22, 2008 entered regarding the aforesaid Motion for Order for Sacntions and/or To Compel Discovery upon Defendant's attorney, by mailing same by first class mail, postage prepaid, addressed as follows: : NO. 2005-6719 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Jeanne B. Costopoulos, Esquire 5000 Ritter Road • Suite 202 Mechanicsburg, PA 17055 True and correct copies of the cover letters for the aforesaid service are attached hereto and made a part hereof. Respectfully submitted, D E G. DCLIFF, ESQUIRE 3448 Trind Road 1 , PA 17011 Supreme Court ID # 32112 Attorney for Plaintiff DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net October 6, 2008 Jeanne B. Costopoulos, Esquire 5000 Ritter Road * Suite 202 Mechanicsburg, PA 17055 Re: Mary E. Marlowe vs. Frederick W. Marlowe Cumberland County Divorce No. 2005-6719 Dear Jeanne: qC0: Enclosed please find a copy of the Motion for Sanctions and/or to Compel Discovery which I intend on filing with the Court on or about October 15, 2008. Should you provide me with your discovery response prior to that date, this Motion will not be filed. Should you have any comments pertaining to this Motion, please contact me. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Enclosure(s): Transmitted to Addressee by mail cc: Mary E. Marlowe w/encl by mail File 57-08-D ?11 DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net October 20, 2008 Jeanne B. Costopoulos, Esquire 5000 Ritter Road • Suite 202 Mechanicsburg, PA 17055 Re: Mary E. Marlowe vs. Frederick W. Marlowe Cumberland County Divorce No. 2005-6719 Dear Jeanne: ? COPY Enclosed is a time stamped copy of the first page my Motion for Sanctions and/or to Compel Discovery filed with the Court on October 17, 2008. As soon as the Rule has been entered by the Court, a copy will be officially served upon you. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Enclosure(s): Transmitted to Addressee by mail cc: Mary E. Marlowe w/encl by mail File 57-08-D L • DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliffCcomcast.net October 27, 2008 Jeanne B. Costopoulos, Esquire 5000 Ritter Road • Suite 202 Mechanicsburg, PA 17055 Re: Mary E. Marlowe vs. Frederick W. Marlowe Cumberland County Divorce No. 2005-6719 Dear Jeanne: o??pY Enclosed is a time stamped copy of the Rule entered on October 22, 2008 on my Motion for Order for Sanctions and/or to Compel Discovery in the above referenced matter. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Enclosure(s): Transmitted to Addressee by mail cc: Mary E. Marlowe w/enct by mail File 57-08-D ccoptv o 1 tip". Q r1l rr7 x ? +i. JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant MARY E. MARLOWE, Plaintiff vs. FREDERICK W. MARLOWE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-6719 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR SANCTIONS AND/OR TO COMPEL DISCOVERY 1. Admitted. 2. Admitted. By way of further answer, Defendant was in federal prison when the original discovery requests were served on defense counsel in 2006 and he had no access to documents or information necessary to complete discovery requests. Since his release from prison in early fall of 2008, Defendant has been attempting to find a job and is having difficulty making the necessary contacts to obtain the information requested by Plaintiff. Defendant has no money with which to obtain copies of the requested information. Defendant is in possession of no documents whatsoever and believes Plaintiff is in possession of much of the information she is requesting from Defendant. Defendant has signed releases for employment and tax information which are being forwarded to opposing counsel contemporaneously with this Answer. 3. Admitted. See additional response as set forth in paragraph 2 above. 4. Admitted. See additional response as set forth in paragraph 2 above. No answer required. 6. No answer required. 7. Admitted. 8. Admitted. WHEREFORE, Defendant requests patience and understanding regarding his situation and that sanctions and attorneys fees not be imposed. By: el-?- - JEA E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant Dated: l//?-/ 1q CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 By: JEAN B. COSTOPOULO QUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant Date: RR S r.ti. C?+ s k""'49 .? MARY E. MARLOWE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FREDERICK MARLOWE NO. 2005 - 6719 CIVIL TERM ORDER OF COURT AND NOW, this 10TH day of DECEMBER, 2008, Defendant is directed to respond to the discovery requests within thirty (30) days of service of this order. -s By court, FA- Edward E. Guido, J. Diane G. Radcliff, Esquire Jeanne Costopoulos, Esquire :sld C, y ±i'Yt ? h t ? ?Z d 0 f 330 gooZ JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 MARY E. MARLOWE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. FREDERICK W. MARLOWE, Defendant No. 2005-6719 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Frederick W. Marlowe, and respectfully represents the following in support of this petition: 1. Petitioner is undersigned counsel, Jeanne B. Costopoulos, Esquire, attorney of record for Frederick W. Marlowe, Defendant, in the above captioned case. 2. Defendant has not complied with his fee agreement with Petitioner for the past several months and to Petitioner's knowledge, Defendant has not obtained employment since being released from prison in August of 2008. 3. It is believed Defendant is indigent and that he is eligible for representation through legal services or other pro bono services. 3. No judge has ruled upon any other issue in this or any related matter. 4. Defendant has not responded to correspondence from undersigned counsel warning him that she intended to file the instant petition in the event he could no longer afford private legal services. 5. Petitioner has sought the concurrence of opposing counsel, Diane G. Radcliff, Esquire, but no answer had yet been received as of the filing of this petition. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to grant her leave to withdraw as counsel from Defendant's case. Respectfully Submitted: By: JEANNE B. COSTOPOULO QUIRE Dated: .? /L 9 Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 VERIFICATION I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing 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: Signature: Jeanne B. Costopoulos, Esquire _, CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: Fred Marlowe 197 Chainsaw Road Dillsburg, PA 17019 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 By: JEAN B. COSTOPOULOS, ESQ-UTRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 / Telephone No. (717) 221-0900 Dated: ` ?? CD ? .wr ?.._. .?.?,.. ;. , MAR 1 120008 MARY E. h'IARLOWE Plaintiff , THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2005-6719 CIVIL TERM FREDERICK W. MARLOWE, Defendant : CIVIL ACTION - AT LAW : DIVORCE ORDER OF COURT AND NOW this -13^-day of 2009, a Rule is hereby issued on both parties to show cause why the attached Petition to Withdraw as Counsel should not be granted. Rule returnable 4 20 days from service. J. Distribution: Za B. Costopoulos E sq., 5000 Ritter Rd., Ste. 202, Mechanicsburg, PA 17055 lane G. Radcliff, Esq., 3448 Trindle Road, Camp W. Marlowe,197 Chainsaw Rd., Dillsburg,PA 1701911 w VINVA lAq, N Ned 8 ! :Z Wd L ! HVW 6001 AbVCN 0Hi0'dd 31. dO 30I1:10-031H JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 MARY E. MARLOWE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. FREDERICK W. MARLOWE, Defendant : No. 2005-6719 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Jeanne B. Costopoulos, Esquire, attorney of record for Defendant, Frederick W. Marlowe, and respectfully represents the following in support of this petition: 1. Petitioner is undersigned counsel, Jeann6 B. Costopoulos, Esquire, attorney of record for Frederick W. Marlowe, Defendant, in the above-captioned case. 2. Petitioner filed a Petition to Withdraw as Counsel on March 10, 2009. 3. On March 13, 2009, a Rule to Show Cause was issued on both parties, returnable 20 days from service. 4. Both the Petition and Rule were served on counsel for Plaintiff on March 30, 2009. See Affidavit of Service filed simultaneously with this Petition. 5. Both the Petition and Rule were served on Defendant on March 31, 2009. See Affidavit of Service filed simultaneously with this Petition. 6. To date, neither party has filed a response to the Rule issued on March 13, 2009 and more than twenty days have elapsed since service on both parties. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to permit her to withdraw as counsel for Defendant, Frederick W. Marlowe. Respectfully S tted: By: JEA E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: (d f VERIFICATION I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing 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: Signature: -`'--- Jean: B. Costopoulos, Esquire CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: Frederick W. Marlowe 197 Chainsaw Road Dillsburg, PA 17019 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 By: JEANNE B. COSTOPOUiLOS, SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: J-155-10 I a .y r- &t-? C U FILED-OFACE OF IFE PAS . ; ,NOTA Tf 2009 MAY -6 Plat 1: 4 6 COUNTY MARY E. MARLOWE, Plaintiff vs. FREDERICK W. MARLOWE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005-6719 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Petition to Withdraw as Counsel filed on March 10, 2009, and Rule to Show Cause issued on March 13, 2009 were served upon Plaintiffs counsel, Diane G. Radcliffe, Esquire, on March 30, 2009, by first class, Certified Mail No. 7005 0390 0002 6255 7018, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. §1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney 1. D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: ????? ¦ Complete items 1,.2,,.and 3. Also complete A. Si nature item 4 if Restricted Delivery is desired. G] *ge-nt ¦ Print your name and address on the reverse 0 Addre so that we can return the card to you. Received by (Printed N me) Da of D I ¦ Attach this card to the back of the mailpiece, /? or on the front if space permits. yai4 G D. Is delivery address differ from item 1? 0 Yes 1. Article Addressed to: If YES, enter delivery address below: 0 No a A e ?' - ? (Jc ? f -70 3. Service Type ;Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7005 0390 0002 6255 7 018 PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 MARY E. MARLOWE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005-6719 CIVIL TERM FREDERICK W. MARLOWE, CIVIL ACTION - AT LAW Defendant DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Petition to Withdraw as Counsel filed on March 10, 2009, and Rule to Show Cause issued on March 13, 2009 were served upon the Defendant indicated above on March 31, 2009, by first class, Certified Mail No. 7005 0390 0002 6255 7025, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. §1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Y: JEANA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: S / ?( ?? ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: R'& ?Wk?[?f1J1P- D?itS?v???, A. Received by (Please Print 9leatly) P.-Date of Delivery C. Sig re fi Agent t dressee D. Is delivery address different 1? If YES, enter delivery ad low: 4 43 3. rvice Type 43 Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 0390 0002 6255 7025 (transfer from service label) PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 FILED--0t`H''E OF THE PP77? 1:7 !OTARY 2009 MA, Y -6 'Pi' i I : L" Y'. JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 MARY E. MARLOWE, Plaintiff vs. FREDERICK W. MARLOWE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-6719 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE ADDENDUM TO PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Jeanne B. Costopoulos, Esquire, and respectfully represents add the following Addendum to her Petition to Make Rule Absolute: 7. Except that Judge Guido issued the March 13, 2009 a Rule to Show Cause, no Judge has ruled upon any other issue in the same or a related matter. 8. Opposing counsel does not object to Petitioner withdrawing as counsel for Defendant.. Dated: S Respectfully Submitted: By: JE` NE B. COSTOPOULO ;'ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 W. VERIFICATION I, Jeanne B. Costopoulos, hereby verify that the statements made in the foregoing 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: Signature: Jea ` e . Costopoulos, Esquire jp CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: Frederick W. Marlowe 197 Chainsaw Road Dillsburg, PA 17019 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 By: - Z ?- JEANNE ,..ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: ?3;; OF THE NWRY 2009 MAY i i A 1.11. 03 i i MAY 0 7 2009 MARY E. MARLOWE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005-6719 CIVIL TERM FREDERICK W. MARLOWE, CIVIL ACTION - AT LAW Defendant DIVORCE ORDER OF COURT AND NOW this 1 day of /0 , 2009, upon consideration of the PETITION TO WITHDRAW AS COUNSEL previously filed and the within MOTION TO MAKE RULE ABSOLUTE, it is hereby Ordered that Jeanne B. Costopoulos, Esquire, is granted leave to withdraw as counsel for Defendant, Frederick W. Marlowe. J. Distribution: Jeanne B. Costopoulos, Esq., 5000 Ritter Rd., Ste. 202, Mechanicsburg, PA 17055 Diane G. Radcliff, Esq., 3448 Trindle Road, Camp Hill, PA 17011 ,L -4'-13- 09 Frederick W. Marlowe, 197 Chainsaw Rd., Dillsburg, PA 17019 4-0" ` r, i : l'Wrl c I ,VW ON TO: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 * Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, V. CIVIL ACTION - LAW FREDERICK W. MARLOWE, IN DIVORCE Defendant Plaintiff NO. 2005-6719 CIVIL TERM MOTION FOR HEARING ON PLAINTIFF'S MOTION FOR SANCTIONS AND/OR TO COMPEL DISCOVERY Plaintiff, Mary E. Marlowe, by her attorney, Diane G. Radcliff, Esquire, files this Motion for Sanctions and/or to Compel Discovery and in support thereof represents the following: 1. This is a divorce case. This Motion involves a request for a earing on Plaintiff's previously filed Motion for Sanctions. 2. The following attorneys/ parties have entered their appearances in this case: (A) Diane G. Radcliff, Esquire (B) Frederick W. Marlow, Pro Se. 3. A copy of this Petition was provided to Frederick W. Marlow on June 7, 2009. 4. The following are the judge/judges previously assigned to this case: (A) The Honorable Edward E. Guido, who entered an order regarding discovery. 5. Your Moveant is Mary E. Marlowe (hereinafter referred to as "Wife"), and is the Plaintiff in the above captioned divorce action. -2- 6. Your Respondent is Frederick W. Marlowe (hereinafter referred to as "Husband" ), and is the Defendant in the above captioned divorce action. 7. On or about June 23, 2006 Wife, through her former attorney, Maryann Murphy, Esquire, sent Husband through his then attorney, Jeanne B. Costopoulos, Esquire, an original and two copies of Plaintiff's First Set of Interrogatories ("Interrogatories"), and Request for Production of Documents addressed to the Defendant ("Request for Production of Documents"). 8. Since the Interrogatories and Request for Production of Documents were sent to Husband's counsel, Wife through her legal counsel sent numerous requests for compliance with the aforesaid discovery requests to no avail. 9. On or about October 17, 2009, Wife filed a Motion for Sanctions and/or to Compel Discovery, and a Rule Returnable was entered thereon by this Honorable Court on October 22, 2008. 10. On or about November 25, 2008, Husband provided Wife with: (A) His Answers to the Interrogatories; (B) His Responses to the Requests for Production of Documents; (C) His Answer to the Motion for Sanction; 11. In his Answer to the Interrogatories and Request for Production of Documents, Husband did not supply Wife with information about his pension plan or tax deferred savings plan, but rather gave her a Authorization permitting release of that information to her attorney. 12. On December 15, 2008 Wife's Attorney advised Husband's then Attorney that the authorization provided would not be accepted by OPM and TSP and that new authorizations need to be signed, which were provided to Husband's Attorney on the same date. 13. Since December 15, 2008, Husband has failed to sign the requested authorizations or supply the requested information. 14. Since December 15, 2008 Husband's attorney has been permitted to withdraw her legal representation of Husband in this action. -3- 15. Because the Defendant has failed to comply with the Plaintiff's discovery requests, an order should be entered requiring Husband to sign the authorizations pertaining to his civil service retirement plan and his tax deferred savings plan (TSP). WHEREFORE, Wife respectfully moves this Honorable Court to entered a rule against the Petition to show cause why the relief requested should not be granted, returnable at a hearing to be held in this matter. Respectfully submitted, DI D LIFF, ESQUIRE 3 Trind ad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff -4- CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that onJuly 7, 2009, 1 served a copy of the foregoing Motion for Hearing on Plaintiff's Motion for Sanctions and/or to Compel Discovery upon Defendant, by mailing same by first class mail, postage prepaid, addressed as follows: Frederick W. Marlowe 197 Chain Saw Road Dillsburg, PA 17019 Respectfully submitted, L . RA CLIFF, ESQUIRE 3 oad Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff -5- f' W'l ? i Lehi Y OF THE 2009,:U"L -3 AM, lI• sJ2- ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, V. FREDERICK W. MARLOWE, Defendant NO. 2005-6719 CIVIL TERM Plaintiff CIVIL ACTION - LAW IN DIVORCE ORDER RE: PLAINTIFF'S MOTION FOR HEARING ON PLAINTIFF'S MOTION FOR SANCTIONS AND/OR TO COMPEL DISCOVERY JUL 0 9 2009,E AND NOW, this q da of Ole 2009 upon consideration of the within Motion, IT IS HEREBY ORDERED that a Rule is entered upon the Defendant to show cause why the relief requested in the within Motion should not be granted. Rule Returnable at a hearing on Plaintiff's Motion for Sanctions and/or to Compel Discovery hereby scheduled for the d 7 af'`'t day of V-%A- , 2009, at 3. 30 o'clock -P-m. in Courtroom -3 of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA . BY THE COURT: Distribution to: Attorney for Petitioner: Respondent, Pro Se: Diane G. Radcliff, Esquire Frederick W. Marlowe 3448 Trindle Road 197 Chainsaw Road Camp Hill, PA 17011 Dillsburg, PA 17019 Phone: 717-737-0100 • Fax: 717-975-0697 Email: dianeradcliff@comcast.net f?o Pt, 'es rre,v <<a EDWARD E. GUIDO JUDGE JANIVRO F THE F± ?`k'F,, l ''.:)Ni-7 Y 2009 J UL 10 Pi 3: 50 •V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, Defendant NO. 2005-6719 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION TO RESCHEDULE HEARING Respectfully submitted, DCLIFF, ESQUIRE e Road Camp Hill, PA 17011 (717) 737-0100 I . D. No. 32112 Diane G. Radcliff, Esquire, Attorney for the Plaintiff, Mary E. Marlowe, due to a personal emergency hereby moves this Court to reschedule the hearing on the Plaintiff's Motion for Sanctions and/or to Compel Discovery scheduled before the Honorable Edward E. Guido for July 27, 2009 at 3:30 p.m. Attorney for Plaintiff F; LE' OF TNF? 2009,,UL 29 Pii 2:333 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, V. Plaintiff NO. 2005-6719 CIVIL TERM : CIVIL ACTION - LAW FREDERICK W. MARLOWE, IN DIVORCE Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Mary E. Marlowe, Plaintiff, certifies that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. No objection to the subpoena has been received, and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: _ dcliff, Esquire indle Road Camp Hill, PA 17011 (717) 737-0100 I . D. No. 32112 Attorney for Plaintiff 11 ?' . DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net July 7, 2009 C -Frederick W. Marlowe 197 Chainsaw Road Dillsburg, PA 17019 Re: Mary E. Marlowe vs. Frederick W. Marlowe Cumberland County Divorce No. 2005-6719 Dear Mr. Marlowe: I have enclosed copies of the following documents for your review and files: 1. Notice of Intention to Serve Subpoena upon OPM with accompanying proposed Subpoena; 2. Notice of Intention to Serve Subpoena upon TSP Legal Processing Unit with accompanying proposed Subpoena. The above referenced documents are being served upon you because you failed to comply with outstanding discovery requests. Specifically the Authorizations previously signed by you to obtain information regarding your Civil Service Retirement Plan and your TSP plan were not appropriately drafted and could not be used to obtain the requested information. You can correct this by signing the enclosed authorizations and return them to me in the enclosed envelope. If I receive those authorizations in a timely manner, it will be my plan to use them instead of the enclosed subpoenas. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Page 2 Frederick W. Marlowe Re: Mary E. Marlowe vs. Frederick W. Marlowe July 7, 2009 Enclosure(s): Notice of Intent to OPM Notice of Intent to TSP OPM Authorization TSP Authorization return enveiope Transmitted to Addressee by mail cc: Mary E. Marlowe w/encl by mail File 57-08-D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 2005-6719 CIVIL TERM V. CIVIL ACTION - LAW` FREDERICK W. MARLOWE, IN DIVORCE Defendant" NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Frederick W. Marlowe 197 Chainsaw Road Dillsburg, PA 17019 Mary E, Marlow, the Plaintiff in the above-captioned matter, intends to serve a Subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the Subpoena may be served. Date: July 7, 2009 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 I.D. No. 32112 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, Defendant : NO. 2005-6719 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE , SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.26 TO: TSP Legal Processing Unit Fairfax Post Office CODIS - P.O.B OX 4390 Fairfax, VA 22038-9998 (Fax: 703-592-0151) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce at the law office of Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, Pennsylvania 17011, the following documents or things: All summary plan descriptions and statements of my Tax Deferred Savings Plan (my "TSP", or any other documents pertaining to such retirement benefits arising out of my prior civil service employment with DDSP, (Defense Distribution Susquehanna PA ) issued for or during the following time period: From January 1, 2004 to through August 31, 2009 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a Court Order compelling you to comply with it. This subpoena was issued at the request of the following person: DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 PHONE: (717) 737-0100 I.D. No. 32112 Attorney for Plaintiff BY THE COURT: Date: Prothonotary FILE 1J -.- ":; z i 1, Y ! --T?IRY OF THE 2009 JUL 30 `i 4 ? F 2 JINTY }) V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 2005-6719 CIVIL TERM V. CIVIL ACTION - LAW FREDERICK W. MARLOWE, IN DIVORCE Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Mary E. Marlowe, Plaintiff, certifies that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, 2. A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. No objection to the subpoena has been received, and 4. The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 7 28' d Camp Hill, PA 17011 (717) 737-0100 I.D. No. 32112 Attorney for Plaintiff DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net July 7, 2009 Frederick W. Marlowe 197 Chainsaw Road Dillsburg, PA 17019 Re: Mary E. Marlowe vs. Frederick W. Marlowe Cumberland County Divorce No. 2005-6719 Dear Mr. Marlowe: I have enclosed copies of the following documents for your review and files: 1. Notice of Intention to Serve Subpoena upon OPM with accompanying proposed Subpoena; 2. Notice of Intention to Serve Subpoena upon TSP Legal Processing Unit with accompanying proposed Subpoena. The above referenced documents are being served upon you because you failed to comply with outstanding discovery requests. Specifically the Authorizations previously signed by you to obtain information regarding your Civil Service Retirement Plan and your TSP plan were not appropriately drafted and could not be used to obtain the requested information. You can correct this by signing the enclosed authorizations and return them to me in the enclosed envelope. If I receive those authorizations in a timely manner, it will be my plan to use them instead of the enclosed subpoenas. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Page 2 Frederick W. Marlowe Re: Mary E. Marlowe vs. Frederick W. Marlowe July 7, 2009 Enclosure(s); Notice of Intent to OPM Notice of Intent to TSP OPM Authorization TSP Authorization return envelope Transmitted to Addressee by mail cc: Mary E. Marlowe w/encl by mail File 57-08-D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 2005-6719 CIVIL TERM V. CIVIL ACTION - LAW FREDERICK W. MARLOWE, IN DIVORCE Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Frederick W. Marlowe 197 Chainsaw Road Dillsburg, PA 17019 Mary E, Marlow, the Plaintiff in the above-captioned matter, intends to serve a Subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the Subpoena may be served. Date: July 7. 2009 Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 I.D. No. 32112 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 2005-6719 CIVIL TERM V. CIVIL ACTION - LAW FREDERICK W. MARLOWE, IN DIVORCE Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVE a4A PURSUANT TO RULE 4009.26 TO: Office of Personnel Management Court Order Benefits Branch Legal Administrative Specialist (Fax: 202-606-7958) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce at the law office of Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, Pennsylvania 17011, the following documents or things: All summary plan descriptions and statements of my retirement benefits, whether under CSRS or FERS, or any other documents pertaining to such retirement benefits arising out of my prior civil service employment with DDSP, (Defense Distribution Susquehanna PA ) issued for or during the following time period: From January 1, 2004 to through August 31, 2009 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the Certificate of Compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a Court Order compelling you to comply with it. This subpoena was issued at the request of the following person: DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 I.D. No. 32112 Attorney for Plaintiff BY THE COURT: Date: Prothonotary FILE' , .. h I 2 G091 J!"L 3-0 P I I !: I3 Cuc.? ? i,.?w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, Defendant JUL 2 9 2009 ORDER t'? AND NOW, this 3 day of , 2009 upon consideration of the within Motion, the hearing on Plaintiff's Motion for Sanctions and/or to Compel Discovery hereby rescheduled for the day of An?n? , 2009, at .3. 00 0p o'clock ?m. in Courtroom of the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA . Distribution to: Aorney for Petitioner: ? Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 • Fax: 717-975-0697 Email: dianeradcliffCcomcast.net NO. 2005-6719 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Respondent, Pro Se: C--V'r'ederick W. Marlowe 197 Chainsaw Road Dillsburg, PA 17019 CT V EDWARD E. GUIDO JUDGE 1 c? 4tsel' ? July J r ??? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 2005-6719 CIVIL TERM V. CIVIL ACTION - LAW FREDERICK W. MARLOWE, IN DIVORCE Defendant ORDER RE: PLAINTIFF'S MOTION FOR ORDER FOR SANCTIONS AND/OR TO COMPEL DISCOVERY AND NOW, this a 6 day of, 2009, this matter being before this Court for a hearing on the above referenced motion and this Court determining that it has jurisdiction over the matter and over the parties, IT IS HEREBY ORDERED that: 1. The Thrift Savings Plan, P.O. Box 385021, Birmingham, AL 35238, shall provide Diane G. Radcliff, Esquire, of 3448 Trindle Road, Camp Hill, PA 17011, Attorney for Opt, Mary E. Marlowe, with any and all information and documents she may request and access to, or photocopies of, any and all information and documents of any kind, relating to Frederick W. Marlowe's Tax Deferred Savings Plan ("TSP) obtained during or arising out of his civil service employment by the United States Government, Civil Service, Defense Distribution Susquehanna PA, 2001 Mission Drive, New Cumberland, PA including, BUT NOT LIMITED TO monthly, quarter or annual benefit statements and the balance in his TSP, if any, during the period from January 1, 2003 until June 4, 2004. 2. The United States Office of Personnel Management, Retirement Operations Center, P.O. Box 45, Boyers, PA 16017 shall provide Diane G. Radcliff, Esquire, of 3448 Trindle Road, Camp Hill, PA 17011, Attorney for Plaintiff, Mary E. Marlowe, with any and all information and documents she may request and access to, or photocopies of, any and all information documents of any kind whatsoever, relating to Frederick W. Marlowe's Civil Service Retirement Benefits, whether under CSRS or FERS, arising out of his prior civil service employment by the United States Government, including, BUT NOT LIMITED TO, his civil service employment with Defense Distribution Susquehanna PA, 2001 Mission Drive, New Cumberland, PA and all of his salary information and documents that have been or will be used to calculate the retirement benefits to which Frederick W. Marlowe is or may be entitled. For purposes of the foregoing, at a minimum, documentation of the following will be required: a. His high three-year average basic salary for retirement purposes. If OPM will not provide this, then his base rate of pay and any dates that it was changed for the 4 or 5 year period preceding his last day of work. b. His service computation date for retirement purposes. C. His date of birth d. If he is in pay status, a copy of his final retirement package/papers that discloses his gross pension, survivor benefit elections, etc. 3. The Bank of Hanover or its successors and/or assigns, or any other banking institution in which I may have had or held any checking accounts; savings accounts; money market accounts; or deposit accounts shall provide Diane G. Radcliff, Esquire with copies of any bank statements she may request for any accounts held in the name of the Defendant, Frederick W. Marlowe, whether individually or jointly with any other person or entity, during the period from January 1, 2003 until December 31, 2004. 4. Any documents or information received by Diane G. Radcliff, Esquire pursuant to this Order shall be used for legal purposes relating to this divorce case. 5. For purposes of this Order, Frederick W. Marlowe's Social Security Number is: XXX-XX- 8581. 6. If additional documents are required to secure the information needed to value the above referenced retirement plans and bank account, the Defendant, Frederick W. Marlowe shall sign and provided Attorney Radcliff, Esquire with the necessary authorizations for the release of the same within 10 days of request. If he fails to sign such authorization (s) within that ten (10) day time period, then this Court shall enter a supplemental order for the release of such information to Diane G. Radcliff, Esquire upon Motion filed by her but without the necessity of further hearing. 7. s. mar Lowe s a pay Tne-- le to I.e. *tt f, &qtifi-e P,ithim 69 days of %? J". -2- J. Distribution to: ATTORNEY FOR PLAINTIFF: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 DEFENDANT PRO SE: Frederick W. Marlowe, 197 Chainsaw Road, Dillsburg, PA 17019 ?d wj Gt,u l U??(G? y1 "1?Zj 1 -"0 X'? rya d Pl; FY -3- f Lr(; I;C QFT,. " TORY t Lw?4 LUG 2 3 u ?? 2 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MARY E. MARLOWE PLAINTIFF, VS. FREDERICK W. MARLOWE, DEFENDANT, Civil Action---Divorce Docket No. 2005-6719 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of Defendant, Fererick W. Marlowe, relative to the aforementioned Divorce Proceeding. Respectfully Submitted, Date GREGORY 5MAZLETT, ESQUIRE 7 Wes,Main Street Mec anicsburg, PA. 17055 Phone: 717-790-5500 OF THE PROT, HONOTARY 2009 NOV 20 PM 12: 54 RIGIML F-' Et 20 10 FEB -2 ? 12. C Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 y Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 05-6719 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. FREDERICK W. MARLOWE, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 27, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: //po? o Q?Y? 4 . MARY E. MA OWE ORIGINAj, ?i 7H% 2?i0 FEB -1 ic- Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 t 1; L 7VI 7 Supreme Court ID # 32112 + Phone: 717-737-0100 • Fax: 717-975-0697 0 Email: dianeradcliff@comcast.net t c L Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 05-6719 CIVIL TERM V. : CIVIL ACTION - LAW FREDERICK W. MARLOWE, IN DIVORCE Defendant IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on June 3, 2004 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Date: 1 D //C) MARY E. MARLO , PLAINTIFF f +} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 2005-6719 CIVIL TERM V. CIVIL ACTION - LAW FREDERICK W. MARLOWE, IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER -V -n -? ti Mary E. Marlowe, Plaintiff, moves the Court to appoint a Master with respect to the folloiarigg claVns f P `!% i D b : T' t i roperty istri ut on o [x] Divorce [x] -ts [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees =' z ; n [ ] Alimony Pendente Lite [ ] Costs and Expenses c In support of the Motion the Plaintiff states: N 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party previously appeared through his attorney, Gregory Hazlett, Esquire, 7 Main Street, Mechanicsburg, PA 17055 West 2. The statutory ground for the divorce is/are: Section 3301 (c) and Section 3301(d) No-Fault. 3. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 4. The action does not involve complex issues of law or fact. 5. The hearing is expected to take one (1) day. 6. Additional information, if any, relevant to the motion: None Date: Z RADCLIFF, E QUI ttorney f )r Plaintiff ORDER APPOINTING MASTER AND NOW, , 2010, E. Robert Elicker, II, Esquire is appointed Master with respect to the following claims: [x] Divorce [ ] Annulment [x] Alimony [x] Alimony Pendente Lite [x] Distribution of Property [ ] Support [x] Counsel Fees [x] Costs and Expenses BY THE COURT: JUDGE MOVING PARTY Mary E. Marlowe 5500 Bear Creek Drive Mechanicsburg, PA 17050 Attorney: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradclif[Qcomcast.net Office: (717) 737-0100 Fax: (717) 975-0697 NON MOVING PARTY Frederick W. Marlowe 197 Chainsaw Road Dillsburg, PA 17019 Attorney Gregory Hazlett, Esquire 7 West Main Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVFA`RIA ? 201061 I MARY. MARLOWE, Plaintiff V. FREDERICK W. MARLOWE, NO. 2005-6719 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER -v Lam, --f, Mary E. Marlowe, Plaintiff, moves the Court to appoint a Master with respect to the follow' iqg claim s: ;:- [x] Divorce [x] Distribution of Property [ ) Annulment [) Support c [ ] Alimony [ ]Counsel Fees > [ ] Alimony Pendente Lite [ ] Costs and Expenses - 0 In support of the Motion the Plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party previously appeared through his attorney, Gregory Hazlett, Esquire, 7 West Main Street, Mechanicsburg, PA 17055 2. The statutory ground for the divorce is/are: Section 3301 (c) and Section 3301(d) No-Fault. 3. Check the applicable paragraphs: [ ] The action is not contested. [ ] An agreement has been reached with respect to the following claims: [X] The action is contested with respect to the following claims: All Claims 4. The action does not involve complex issues of law or fact. 5. The hearing is expected to take one (1) day. 6. Additional information, if any, relevant to the motion: None ? e Date: RADCLIFF, ttornev f r Plaintiff ORDER APPOINTING MASTER . ;=; °• -+; . Y AND NOW, ?. w Z- d7 2010, E. Robert Elicker, II, Esquire is appointed Masteq?h = respect to the of owing cla s. co [x] Divorce [x] Distribution of Property < [ ] Annulment [ ] Support rv ma'r` [x] Alimony [x] Counsel Fees -- [x] Alimony Pendente Lite [x] Costs and Expenses tt ,, BY THE COURT: Cor;F-S rn? ct ? 4krz/ A L f?, JUDGE FIL? i? ;.lam ( a f (L 2010 FEB 22 F1` 12: 55 3 C?'A4 i a:A c VT PEI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 05-6719 CIVIL TERM V. : CIVIL ACTION - LAW FREDERICK W. MARLOWE, IN DIVORCE Defendant AFFIDAVIT OF SERVICE OF 3341(12) AFFIDAVIT I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that I served a true and correct copy of the Plaintiff s 3301(d) Affidavit upon the Defendant's Attorney, Gregorey Hazlett, Esquire, addressed as follows by Certified Mail, Return Receipt Requested on February 18, 2010, the return receipt for which mailing is attached hereto as Exhibit "A" and made a part hereof. Gregory Hazlett, Esquire 7 West Main Street PA 1705 DCLIFF, ESQUIRE \ 3 rin a Road, Camp Hill, PA 17041 Phone: (717) 737-0100 • Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff, Dale Fallon Sworn to and subscribed before me this -- /19 - day o fi,A?a? , 20 io MM®NWRAI.` M ftW ISEWf1ibi6LVAr,n Notarial Seal Deborah L. Donley, Notary Public ? L /?? '/ LL(C Camp Hill Boro, Cumberland County My Commission E)ires Sept 23, 2011 Notary Public Member, Pennsylvania Association of Notaries ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: '? G?JEtT-I'Yl?id ?Trra? %}I El-HAn Icslour? DA 1 7U 55? A- ( PriQteff"be) f ,.4 C. Da)e of D. Is Plivertaddress different from Item 1? - L7 Yb, If YES, enter delivery address below: M No Agent D 3. Service Type Certified Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article. Number (71ansfer6omserl 7009 1410 DODD 1189 8085 PS Form 3811, February 2004 Domestic Return Receipt 102555-o2-M-1540 EXHIBIT "A" CERTIFIED MAIL RETURN RECEIPT CARD a7. Ro 210 APR-? - 8 CUM- ?1 1! iv ?Y " PE Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 0 Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 2005-6719 CIVIL TERM V. CIVIL ACTION - LAW FREDERICK W. MARLOWE, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 27, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. T_ 41o ? Dated: FREDERICK W. MARLOWE FILED-4ji==1GE OF THE F ^'" "A!0TARY a7 A-W ww 2010 APR-x6--f-8: 10 Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff@comcast.net Attorney for Plaintiff culy" ,.z JJ 6uJN1Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. MARLOWE, Plaintiff NO. 2005-6719 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. FREDERICK W. MARLOWE, Defendant 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: ' /lo? 0/10 4:? /; 7 FREDERICK W. MARLOWE MARY E. MARLOWE, Plaintiff VS. FREDERICK W. MARLOWE, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 6719 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this c -q day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital agreement dated April 26, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: -? Diane G. Radcliff Attorney for Plaintiff Gregory Hazlett Attorney for Defendant F lis. erlau LL N N w?; ;