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HomeMy WebLinkAbout02-1280 tf " REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney 1.0. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Dd-- Jd 80 v. : NO. : CIVIL ACTION - LAW STANLEY A. YORK, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim; set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF you DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIAC. YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. Od-/~~ v. : CIVIL ACTION - LAW STANLEY A. YORK, Defendant : IN DIVORCE A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 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 Connnon Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIA TO. SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, VA YA 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney J.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. Od.-- /;;J ~ v. CIVIL ACTION - LAW STANLEY A. YORK, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Maria C. York, an adult individual who currently resides at 2060 Clarendon Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Stanley A. York, an adult individual who currently resides at 2060 Clarendon Street, Camp Hill, Cwnberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Connnonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 13, 1960, in Shamokin, Northumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annuhnent between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this marriage under the age of eighteen. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Cowt to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully Submitted, REAGER & ADLER, PC Date: ~...( \ " 'V').. By: Joanne artison Clough, Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICA TION I, Maria C. York, verifY that the statements made in this Complaint are true and correct to the best of my knowledge, infonnation and belief. 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: 3--/Lf - 0 ~ ~ Maria C. York ~ ~ ~ ~'" ~ 0Jj ~ r0 ~ ~ ~. o c;;; <" -of-;~ m'- --", :-, Zl (J?Y ~--:C. , eC.) 2-":; (, .:~ (-~-; :PC -/ ~ ~ ~ ~ ~ ~ \+-~ RJ o -t:::.. ---J cj ~ ~ ~ C) I'V C) -n ::iC ')~'".'" :.;J ,-n ~ '-" --.I -~ :r:,,. :c -< REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney J.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0;;;' - I d-~a v. : CIVIL ACTION - LAW STANLEY A. YORK, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, STANLEY A. YORK, accept service of the Complaint in Divorce, in the above captioned matter. Date: ;y\ fJ 11- \ H '2. 2. I 2. 0 0 '2..- f '!-._ I.... It. . ~ ~.. ,. ''1~;.r; o C ::?" -orl-~ ~~:' e~(: _.- ~c~c ~c' P5?_ ::2 ............. ~--~_...........-..........-..... . - . , \. - C) I~"':" 1:;11I '''(J ~.U I C,'" ;""' \.(' (::,1 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1280 STANLEY A. YORK, Defendant 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 irretrievablc~ breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 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 LA WYIE:R AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 2331 Market Street CampHill,PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LA W IN DIVORCE A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, V AYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Associaltion 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(A) (6) OF THE DIVORCE CODE 1. Plaintiff is Maria C. York, an adult individual who currently resides at 2060 Clarendon Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Stanley A. York, an adult individual who currently resides at 2060 Clarendon Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 13, 1960, in Shamokin, Northumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this marriage under the age of eighteen. (a) The marriage is irretrievably broken; (b) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiff's condition burdensome and life intolerable. 8. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 9. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 10. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the COUJ1 to enter a decree of divorce pursuant to Section 3301(c) or (d) ofthe Divorce Code. COUNT I - EQUITABLE DISTRIE:UTION 11. Paragraphs one (1) through ten (10) of this Complaint are incorporated herein by reference. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 13. The parties have acquired marital debt during their marriage. 14. Plaintiffand Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. COUNT II - ALIMONY PENDENTE LITE~ ATTORNEY'S FEES AND COSTS 15. By reason of this action, Plaintiff has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 16. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 17. Plaintiff's income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost ofthis litigation and she is unable to appropriately maintain herself during the pendency of this action. 18. Defendant has adequate earnings to provide for the Plaintiff's support and to pay her counsel fees, costs and expenses. 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. WHEREFORE, Plaintiff, Maria C. York, prays this Honorable Court enter an Order awarding her alimony, counsel fees, expenses and costs. Date: By: Respectfully Submitted, REAGER & ADLER, PC W-arrison Clough, sqUITe Attorney J.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Maria C. York, verify that the statements made in the foregoing pleading 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. Section 4904, relating to unsworn falsification to authorities. Date: /~ - (p- O~ ~... 0/l1 (J.JJ.-.~ ~ ~ Maria . YO( r ~ C{ ~ :it::. ),.J ~ ~ -- ......... ~ ~ ~ ~ '-\) :t-~ -0 ~ 0 ~ ~ .:> ~ C><;) i:{ "" t :b ~ if o s;: ..;.... ~ff; gill ..::.:- '- .. :t:-";' .~. -~ / -~ 5{~ C' I'j o ; " ....., N .;.;.-- ~ -; '11 L:........ G) .. () . I j :j .... ( --'. MARIA C. YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 02-1280 STANLEY A. YORK, Defendant : CIVIL ACTIO:t\" - LAW : IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Maria C. York ADDRESS 2060 Clarendon St., Camp Hill, P A 17011 BIRTH DATE January 22, 1936 SOCIAL SECURITY NUMBER 191-26-3466 HOME PHONE (717) 761-2022 WORK PHONE EMPLOYER'S NAME Retired EMPLOYER'S ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME Approximately $1,600.00 per month from retirement. ATTORNEY'S NAME Joanne Harrison Clough, Esquire ATTORNEY'S ADDRESS 2331 Market Street, Camp Hill, PA 17011 ATTORNEY'S PHONE NUMBER (717) 763-1383 I NAME RESPONDENT I Stanley A. York RESPONDENT ADDRESS Unknown - last known: 2060 Clarendon St., Camp Hill, 17011. Mark Please Forward. BIRTH DATE March 28, 1932 SOCIAL SECURITY NUMBER 297-32-4123 HOME PHONE Unknown WORK PHONE N/A EMPLOYER'S NAME Retired EMPLOYER'S ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY $3,700.00 plus per month from retirement and other sources. NET PAY OTHER INCOME ATTORNEY'S NAME Joel O. Sechrist, Esquire ATTORNEY'S ADDRESS 568 Old York Road, Etters, PA 17319 ATTORNEY'S PHONE NUMBER (717) 938-3396 MARRIAGE INFORMATION DA TE OF MARRIAGE August 13, 1960 PLACE OF MARRIAGE Shamokin, Northumberland County, PA DATE OF SEPARATION March 15,2002 ADDRESS OF LAST MARITAL 2060 Clarendon St., Camp Hill, PA 17011 HOME DESCRIPTION OF DOCUMENT Petition For APL, Alimony, Counsel Fees, Costs & Expenses RAISING APL CLAIM DATE APL DOCUMENT FILED December 9,2002 o c: ::?"'. -oQ~ ITlp.' ~r (l) ..:". 'ir 2' :3 '. (~ o t"v. D 1'.'1 CJ t__) -Tl N J:::7f;o ~; ~....,: :JJ -< MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL HOME 1. Plaintiff Maria C. York ("Wife") instituted an action for Divorce on March 15, 2002, seeking a divorce under section 3301(c). 2. Wife and Defendant Stanley A. York ("Husband") were married on August 13, 1960, and were residing at 2060 Clarendon Street, Camp Hill, P A 17011. 3. Since May of 2002, Defendant/Husband has been leaving the marital residence for weeks at a time without providing Plaintiff with any information regarding his whereabouts. 4. Defendant last stayed at the marital residence on the first weekend in November 2002. 5. Plaintiff had surgery on her back on August 11,2002. 6. On or about December 3,2002, PlaintifflWife was hospitalized for back surgery. Defendant/Husband knew Wife was to undergo additional surgery in early December 2002. 7. When Plaintiff was discharged from the hospital, she discovered Husband had terminated the telephone service at the marital residence without any warning to Plaintiff. 8. Plaintiff was physically incapacitated and without phone service for forty-eight (48) hours due to the deliberate antagonistic behavior of Defendant in terminating said phone -J servIce. 9. Plaintiff is in fear for her physical safety at the marital residence if Defendant is free to come and go as he pleases due to previous menacing behavior of Defendant, as follows: a. Defendant would come to Plaintiff's bedroom door and stand and stare at her in a menacing manner while she was sleeping. b. Defendant would walk around the marital residence with a flashlight in a menacing manner in the middle of the night. c. Plaintiff believes Defendant has taken a shotgun from the family safe and/or locked it in the safe. Plaintiff is in fear for her safety now that Defendant has seized control of this firearm. 10. Plaintiff recently learned that Defendant notified the post office on or about November 3, 2002 that the marital residence was vacant and filed a change of address. Plaintiff's mail delivery was stopped by Defendant and she had to contact the post office to resume her mail delivery. 11. Due to the fact that Wife has been residing exclusively in the marital residence since Defendant vacated the home on November 3,2002, Wife requests exclusive possession of the marital residence during the pendency of the divorce action since Husband has vacated the home and otherwise acted in a menacing manner to Wife. 12. It is appropriate for the Wife to remain in the residence during the pendency of this divorce without any further infringement on her privacy. 13. The Court has authority to enter an order awarding one party exclusive use and 2 possession of the marital residence during the pendency ofa divorce action. 23 Pa.C.S.A. S 3502 (c). See also Pa.R.C.P. 1920.43. 14. The parties' interests will be served best by the court's award to Wife ofthe exclusive possession of the marital residence. WHEREFORE, Defendant request the Court to enter an order awarding Defendant exclusive use and possession of the marital residence during the pendency of the divorce action. Respectfully Submitted, REAGER & ADLER, PC Date: By: JOAN HARRISON CL Attorney J.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff 3 VERIFICATION I, Maria C. York, verify that the statements made in the foregoing pleading 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. Section 4904, relating to unsworn falsification to authorities. Date: )j. "-02.... no Q.if~~ ~6f CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition for Exclusive Possession was served on the following individual via United States First Class Mail, postage prepaid as follows: Joel O. Sechrist, Esquire 568 Old York Road Etters, PAl 7319 JOA Dated: r~ ~Z;)/-oL () ~ """f'r' ,fi ~ c'"! -,' ~~(' 5-: F~ .7 ~ .-~1' j-") -:J v;-' J 1') N '..'.:.( --- ::D -< :::::> 0) REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney J.D. No. 36461 2331 Market Street CampHill,PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1280 Defendant CIVIL ACTION -. LAW IN DIVORCE STANLEY A. YORK, 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, Room 101, Cumberland County Courthouse, I 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 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1280 Defendant CIVIL ACTION - LAW IN DIVORCE STANLEY A. YORK, A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar ace ion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction reclamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignadades 0 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA., PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE P APEL A UN ABOGAnO DE INMEDIATO. SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, V AYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney J.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(A) (6) OF THE DIVORCE CODE 1. Plaintiff is Maria C. York, an adult individual who currently resides at 2060 Clarendon Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Stanley A. York, an adult individual who currently resides at 2060 Clarendon Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 13,1960, in Shamokin, Northumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this marriage under the age of eighteen. (a) The marriage is irretrievably broken; (b) That Defendant has offered such indigJ}ities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable. 8. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 9. After ninety (90) days have elapsed from the date of the filing ofthis Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 10. In the alternative, Plaintiff will file a 330l(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 330l(c) or (d) ofthe Divorce Code. COUNT I - EOUITABLE DISTRIBUTION 11. Paragraphs one (1) through ten (10) of this Complaint are incorporated herein by reference. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 13. The parties have acquired marital debt during their marriage. 14. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. COUNT II - ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 15. By reason of this action, Plaintiff has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 16. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 17. Plaintiff s income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. 18. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. 19. Plaintiff lacks sufficient property to provide for her reasonable needs. 20. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. WHEREFORE, Plaintiff, Maria C. York, prays this Honorable Court enter an Order awarding her alimony, counsel fees, expenses and costs. Date: By: Respectfully Submitted, REAGER & ADLER, PC ~son Clough, squlfe Attorney J.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Maria C. York, verify that the statements made in the fon:going pleading 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. Section 4904, relating to unsworn falsification to authorities. Date: /~ - (p - O~ Gn~ Q=(~ ~o( ~ C{ )J ~ ::It:. ~ < -- '- J ~ ~ ~ ~ :t-~ -0 ~ 0 ~ ~ :> ~ 0<) i{ t ~ ~ if ...~C\ -=--:.'" ~ (") C :5= "1:' :.>. slH' 2"r:'-' ~?;-: c-; )c:;; ,. 5E ii} :-3 -, C-:: r"'J o . " :..'") !'V ..t::-- (~] _. r;~J .,'" ( '~ (:;:) j> :-.c1 -.:~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARIA C. YORK, v. : NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Maria C. York ADDRESS 2060 Clarendon St., Camp Hill, PA 17011 BIRTH DATE January 22, 1936 SOCIAL SECURITY NUMBER 191-26-3466 HOME PHONE (717) 761-2022 WORK PHONE EMPLOYER'S NAME Retired EMPLOYER'S ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME Approximately $1,600.00 per month from retirement. ATTORNEY'S NAME Joanne Harrison Clough, Esquire ATTORNEY'S ADDRESS 2331 Market Street, Camp Hill, P A 17011 ATTORNEY'S PHONE NUMBER (717) 763-1383 RESPONDENT I Stanley A. York Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA MARIA C. YORK, v. : NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL HOME 1. Plaintiff Maria C. York ("Wife") instituted an action for Divorce on March 15, 2002, seeking a divorce under section 3301(c). 2. Wife and Defendant Stanley A. York ("Husband") were married on August 13, 1960, and were residing at 2060 Clarendon Street, Camp Hill, P A 17011. 3. Since May of2002, Defendant/Husband has been leaving the marital residence for weeks at a time without providing Plaintiff with any information regarding his whereabouts. 4. Defendant last stayed at the marital residence on the first weekend in November 2002. 5. Plaintiff had surgery on her back on August 11,2002. 6. On or about December 3, 2002, Plaintiff/Wife was hospitalized for back surgery. Defendant/Husband knew Wife was to undergo additional surgery in early December 2002. 7. When Plaintiff was discharged from the hospital, she discovered Husband had terminated the telephone service at the marital residence without any warning to Plaintiff. 8. Plaintiff was physically incapacitated and without phone service for forty-eight (48) hours due to the deliberate antagonistic behavior of Defendant in terminating said phone -.J servIce. 9. Plaintiff is in fear for her physical safety at the marital residence if Defendant is free to corne and go as he pleases due to previous menacing behavior of Defendant, as follows: a. Defendant would corne to Plaintiff s bedroom door and stand and stare at her in a menacing manner while she was sleeping. b. Defendant would walk around the marital residence with a flashlight in a menacing manner in the middle of the night. c. Plaintiff believes Defendant has taken a shotgun from the family safe and/or locked it in the safe. Plaintiff is in fear for her safety now that Defendant has seized control of this firearm. 10. Plaintiff recently learned that Defendant notified the post office on or about November 3, 2002 that the marital residence was vacant and filed a change of address. Plaintiff s mail delivery was stopped by Defendant and she had to contact the post office to resume her mail delivery. 11. Due to the fact that Wife has been residing exclusively in the marital residence since Defendant vacated the home on November 3, 2002, Wife requests exclusive possession of the marital residence during the pendency of the divorce action since Husband has vacated the home and otherwise acted in a menacing manner to Wife. 12. It is appropriate for the Wife to remain in the residence during the pendency of this divorce without any further infringement on her privacy. 13. The Court has authority to enter an order awarding one party exclusive use and 2 possession of the marital residence during the pendency of a divorce action. 23 Pa.C.S.A. S 3502 (c). See also Pa.R.C.P. 1920.43. 14. The parties' interests will be served best by the court's award to Wife of the exclusive possession of the marital residence. WHEREFORE, Defendant request the Court to enter an order awarding Defendant exclusive use and possession of the marital residence during the pendency of the divorce action. Respectfully Submitted, REAGER & ADLER, PC Date: By: JOAN HARRISON CL Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff 3 VERIFICATION I, Maria C. York, verify that the statements made in the foregoing pleading 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. Section 4904, relating to unsworn falsification to authorities. Date: ):tJ- (P -02... -Q!~Jif~ CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Petition for Exclusive Possession was served on the following individual via United States First Class Mail, postage prepaid as follows: Joel O. Sechrist, Esquire 568 Old York Road Etters, P A 17319 Dated: l~ ~Z;>/()L JOA () .~... "-. .---} S .....,.1 . . .:..:' ~"::J .. J.-,. .1 ~~' r.. J ~ r--) .0'--__ en _/ ~:; ~~~ I C' ):--.. c: N ..:\ Z ':::) .- ~ :.D ( p -< MARIA C. YORK, Plaintiff v. STANLEY A. YORK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W NO. 02-1280 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of December, 2002, upon consideration of Plaintiffs Petition for Exclusive Possession, a hearing is scheduled for Monday, March 10,2003, at 1 :30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. Joanne Harrison Clough, Esq. 2331 Market Street Camp Hill, P A 17011-4642 Attorney for Plaintiff Susan Kay Candiello, Esq. 5021 Trindle Road Mechanicsburg, P A 17055 Attorney for Defendant :rc BY THE COURT, ~ _~ /,(XLbV Cf-. V1N\f!Il/\SNN3d I Jf.f'1n'l (iI, ::r/-ru:;;;;t.rn'" I\j. If; '. ,-. ',- -, "___'_'..~., 'i V lU:H HV 2- Nil' to :.i0 .. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARIA C. YORK, v. : NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION OF PARTIES FOR WIFE TO HAVE EXCLUSIVE POSSESSION OF MARIT AL RESIDENCE WHEREAS, Maria C. York is an adult individual currently residing at the marital residence located at 2060 Clarendon Street, Camp Hill, Pennsylvania, 17011; WHEREAS Plaintiff is represented by Joanne Harrison Clough, at Reager & Adler, PC; WHEREAS, Stanley A. York is an adult individual whose current residence is unknown and who is represented by Susan Candiello, Esquire; WHEREAS, on the 15th day of March, 2002, Maria York filed a Divorce Complaint against Stanley York, at Civil Action 02-1280; WHEREAS, Defendant Stanley A. York vacated the marital residence on or about November 1,2002; WHEREAS, on the 24th day of December, 2002, Maria York filed an Amended Divorce Complaint; WHEREAS, on the 24th day of December, 2002, Petitioner Plaintiff Maria York filed a Petition for Exclusive Possession of the marital residence; 2 - WHEREAS, a hearing on Plaintiffs Petition for Exclusive Possession of the marital residence was scheduled for March 10,2003, at 1 :30 p.m.; WHEREAS, the parties have reached an agreement to resolve the exclusive possession issue and intend to have said agreement entered as a Court Order, it is therefore agreed as follows: 1. Petitioner Plaintiff Maria York shall have exclusive possession of the marital residence located at 2060 Clarendon Street, Camp Hill, Pennsylvania, 17011 for the duration of the divorce action. 2. Defendant Stanley A. York shall have the right to enter said residence for the purpose of retrieving non-disputed items of his personal property and his pre-marital property as set forth here below: A. Defendant Stanley A. York shall arrange through counsel, for a specific date to go the marital residence to inspect the residence for the purpose of compiling a list of the personal property and items he contends are his non-marital items that he wishes to remove from the residence. Stanley A. York shall have a constable present during said inspection at his expense. Plaintiff Maria York may be present at said inspection; B. After Defendant Stanley A. York's said inspection visit, he and his counsel shall submit to Plaintiff s counsel a list of the items of personal property and items that he claims are non-marital property that he wishes to remove from the marital residence. C. Plaintiff Maria Yark and her counsel shall review said list and respond to Defendant's counsel within thirty (30) days indicating which items Maria York agrees are non- marital and personal property ofMr. York's, which she agrees he may remove from the marital residence. 3 D. After Plaintiff has indicated which items she agrees may be removed from the marital residence, Defendant Stanley A. Yark shall schedule a second visit to the marital residence with a constable, to be provided at his expense, for the purposes of removing the non- disputed items from the marital residence. E. Neither party shall make any disparaging remarks, or otherwise interfere or thwart the purpose of this Stipulation during the first or second visit of Defendant Stanley York to the marital residence. 3. The parties specifically agree to have the conditions of this Stipulation entered as a Court Order and cancel the hearing scheduled for March 10, 2003. WHEREFORE, each party hereto sets forth his or her signature below intending to be legally bound hereby. &. (U..(.A.... Q, _ ~ Plainu (-r S-v2- CL.th-~ ~ ~~j ~J~ Counsel for Defendant Defendant 4 -- ----~----------------- " D. After Plaintiff !>as indicated wbich items she agrees may be reroo.OO fr<>m tbe,narital residence, Defendant Stanley A. Yorl< sba1\ schedule a second ,"sit to the marital residence with a constable, to be provided at his expense, for tbe purposes o{removing the non' disputed items from the marital residence. E. Neither party shall make any disparaging remarks, or otherwise interfere or thwart tbe purpose of this Stipulation during the first or second .isit of Defendant Stanley York to the marital residence. 3. The parties specificallY agree to bave the condition. of this Stipulation entered as a Court Order and cancel the hearing schedllled fOT March 10.2003. WHEREfORE. eacb party bereto sets forth bis or ber signature below intending to be legally bound hereby. 'Plaintiff Counsel fOT Plaintiff 3- ~g -0. 4 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MARIA C. YORK, v. : NO. 02-1280 STANLEY A. YORK, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, this \2-1~day of ViA lJ c~ ,2003, upon review of the attached Stipulation the parties executed on J01v day of ~, 2003, it is hereby ORDERED AND DECREED that the attached Stipulation is adopted by the Court in its entirety and is enforceable as a Court Order. BY THE COURT, /. J. ! i I i \ l :'"...s tf : ~ P ~i. o ' ~~ .., ~ c,0\t~3~"'f\('\C) \if\}:~ f'>~l"~-rY?r'; ~ ~\ ,\.\..N(\I.' tCi 7 \ \1 'l1 :2 j() J~ MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW STANLEY A. YORK, Defendant NO. 02-1280 CIVIL TERM PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION ORDER OF COURT AND NOW, this 10th day of March, 2003, upon relation of Joanne Harrison Clough, Esq., attorney for Plaintiff, that the parties have reached an agreement, the hearing scheduled for March 10,2003, is cancelled. BY THE COURT, "I ,~.. .' I . . I~ ;,'. ..' /. ..... .... ! .... I . .. V /-j J/:.. i L. (.., "-? / / l...;Y; JjVesley Qr.e!) Jr., J. I / Joanne Harrison Clough, Esq. 2331 Market Street Camp Hill, P A 17011-4642 Attorney for Plaintiff Susan Kay Candiello, Esq. 5021 Trindle Road Mechanicsburg, P A 17055 Attorney for Defendant .~ ~ 3-J;}-.[;3 ~. :rc Vll\J'\fA1~.sNN3d lJ}J('C,'-; ,~., q,-:: ;":-,::,,/,r1:) j C : ! I1,Jlj ? I d ,"', \~ :" I \\NT~VER\U:;ers\R&A Family Law\Client Directory\Y ork, Maria\PIead\ngs\MotiOl'..to Compd Discovery Responses.wpd March 12, 2003 MARIA C. YORK, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW MOTION TO COMPEL DISCOVERY RESPONSES AND NOW comes Plaintiff, Maria C. York by and through her counsel, Reager & Adler, P.c., and moves this Court to compel discovery responses as follows: 1. Movant is Maria C. York, an adult individual residing at 2060 Clarendon Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Stanley A. York, an adult individual believed to be residing at the Amber Motel. He is currently represented by Susan Candiello, Esquire. 3. The parties are husband and wife having been married on August 30, 1960. 4. A complaint in this matter was filed on March 15, 2002 by Movant raising a claim for no-fault divorce. An Amended Complaint was filed by Movant on December 24, 2002 raising additional counts of equitable distribution, alimony pendente lite, attorney's fees and costs. 5. On December 23,2002, Movant issued a Request for Production of Documents and a set of Interrogatories to Defendant. A copy of the Request for Production of Documents and Interrogatories are attached hereto as Exhibit "A." 6. By correspondence dated December 23,2002, Respondent's counsel was advised that discovery was due within the applicable thirty (30) day time period and that no extensions would be granted. \1NT."ERVER\l!8erS\R&A Family Law\Client Directory\Y oli, Maria\Pleadjngs\Motior"to Compd Discovery Responses.wpd March 12, 2003 7. Pursuant to the Ru1es of Civil Procedure, Respondent had 30 days in which to reply to said discovery responses. 8. To date, Respondent has failed to respond, despite repeated statements from Respondent's counsel that responses were forth coming. 9. Plaintiff has incurred and continues to incur counsel fees, costs and expenses in an effort to seek responses to the outstanding discovery requests. WHEREFORE, Movant requests this Honorable Court to compel Respondent to file an answer to her discovery requests within 15 days of the date of fiLing of this Motion, and grant Plaintiff counsel fees, costs and expenses in the amount of Four Hundred Dollars ($400.00) and grant any further relief the Court deems appropriate. Respectfully submitted, REAGER & ADLER, PC DATED: t111~07 By: Attorneys for P1aintiif REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, Plaintiff v. STANLEY A. YORK, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1280 : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: Stanley York c/o Joel O. Sechrist, Esquire 568 Old York Road Etters, P A 17319 I. INSTRUCTIONS Pursuant to Pa R.c.P. 4003.3 and 4009, please furnish, at my expense, to my office within thirty (30) days, a photostatic copy or like reproduction of the following materials concerning. this action or its subject matter .which are in your possession, custody or control and which are n9t protected by the attorney!client privilege; or, in the alternative, produce the said matte! at said time to permit inspection and copying thereof. II. DOCUMENTS REQUESTED 1, All documents referred to or used in preparation of Defendant's response to interrogatories. 2. All bank account statements and canceled checks for the last five (5) years whether titled in your name, your business, or held for your benefit, including, but not limited . to M&T joint bank account and New Cumberland Depo Credit Union account. 3. Any appraisals, market analysis or valuation of any real property owned by you, your company or held for your benefit. 4. Your personal and business state and federal tax returns for the last five (5) years. 5. Copies of any and all investment, mutual fund, money market or other brokerage statements held by you, your company or on your lbehalffor the last five (5) years. 7. Copies of any and all account statements regarding your Thrift account for the past five (5) years. 8. All stock certificates, bonds, treasury bills or certificates of deposit held in your name, your company's name or for your benefit. 9. Copies of any and all life insurance policies, including but not limited to any statements showing any cash surrender value held by you, your company or held for your benefit. 10. Any and all. credit card statements which you contend reflect a marital debt as of the date of separation. 11. All statements of your fmancial condition prepared by you or on your behalf for the past five (5) years. 12. All docmnents reflecting any retirement account held by you including, but not limited to: IRA's, 401K, pension or profit sharing plan or stock option plan for the last five (5) years. 13. All docmnentation reflecting any disability monies received by you in the last five (5) years. 14, A complete inventory of your coin collection. 2 15. A complete inventory of your gun collection. Respectfully submitted, REAGER & ADLER, PC Date: \U~)./vc..., By: Jo e arr I.D. No. # 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff 3 CERTIFICATE OF SERVICE AND NOW, this a 3r'4tay of December, 2002, I hereby verify that I have caused a true and correct copy of PLAINTIFF'S FIRST SET OF REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Stanley York c/o Joel O. Sechrist, Esquire 568 Old York Road Etters, P A 17319 /~ ,. I I ! 4 .., . ., REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C. YORK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 02-1280 CIVIL ACTION - LAW STANLEY A. YORK, Defendant IN DIVORCE PLAINTIFF'S FIRST SET OF INTERROGATORIES ADDRESSED TO DEFENDANT TO: Stanley York c/o Joel O. Sechrist, Esquire 568 Old York Road Etters, PA 17319 I. INSTRUCTIONS You are directed to submit written answers under oath to each of the following questions, pursuant to Pa R c.P. 4005 and 4009. You must make reasonable efforts to obtain answers to any question as to which information may be available to you. If you gain information at some later time which causes you to know that your answers were incorrect when made or have become incorrect, you must supplement the answers you give in response to these questions, as provided in Pa, R C.P. 4006. If you gain information at some later time respecting the identity of persons about whom a question is asked, you must supplement the answers you give in response to these questions, as provided in Pa. RC.P. 4006. '.\ Within thirty (30) days, you must return the signed original of these interrogatories to Plaintiff s counsel. In answering these questions, assume that all words used have their ordinary meanings in normal English usage, except as provided below or where context requires other interpretation. II. DEFINITIONS "Identify", when used in respect of a person, means to state that person's name, address, telephone number, job classification and such other information as would enable Plaintiffs to locate the person, interview him or her, or serve a subpoena upon him or her. When used in respect of a document, the date of its making or execution, the identity of the person or persons who made or executed it, and the particular part, paragraph, or other subdivisi.on there of which is particularly relevant to the question; also state the place where it is kept and identify the person in whose custody it may be fOl.m.d, with such specificity as will enable Plaintiffs to obtain the document through the use of a subpoena. When used in respect of a connnunication, it means to identify the parties to the connnunication, that means of communication, and the date and time thereof. "Person" means any natural or juridical person, group of persons, or association. "Communication" means any transmission or exchange of information or meaning between two or IIlOre persons in any form "Docwnent" means any writing, recording or other material substance having on it a representation of some information, whether in the form of magnetic impulses, printing, or any other medium in which information may be preserved. 2 III. SPECIAL INSTRUCTIONS 1. If you do not answer an interrogatory, in whole or in part, because of a claim or privilege, set forth the privilege claimed, identify the facts upon which you rely to support the claim of privilege; and identify all documents for which such privilege is claimed. In particular, if you refuse to identify a communication because of a claim of the attorney/client privilege, identify the speaker or author of the communication, the capacity in which the speaker or author was acting when he made the communication; the recipient of the communication, any persons present when the communication was made, and the subject or topics discussed in the communication. 2. Unless otherwise specified, each interrogatory requires a continuing answer. Each separate part of each interrogatory shall be separately answered. 3. Along with the answer to each numbered interrogatory, identify each person who participated in or supplied information with respect to the preparation of the response to such interrogatory, specifying whether each of such persons supplied relevant information, participated in the preparation of the response, or both. If the response to any Interrogatory contains information supplied by more than one person, specify the particular information supplied by each such person. State whether he/she had first-hand information as to the matters contained in your answers, and if so, the manner in which he acquired such information, or if not, the basis for his participation or involvement. 4. As specified by the Pennsylvania Rules of Civil Procedure, you are required reasonably to supplement or amend your responses to these interrogatories based upon any and all information obtained after filing such responses. 3 (a) a copy of such written communication; or (b) a detailed identification of such written document, including at least the following: (i) the date of the document; (ii) the name of the party who wrote the document; (ill) the name of the party to whom such documents were sent and the date upon which such documents were sent; (iv) the date upon which such docmnent was received by the recipient; if known; (v) a full description of the contents of the docume.nt; (vi) if any response to said document was received lUld, if so, identify said response in sufficient detail so as to include the same information indicated in the preceding subparts of this instruct~:)ll. Respectfully submitted, Date:_l ~ r ~ ).1 tJ1- By: Attorneys for Plaintiff 5 I. GENERAL INFORMATION. 1. State the date on which you are answering these Interrogatories. 2. State your full name, present address, date of birth, where you are actually residing and social security number. Name: Present Address: Date of Birth: Present Residence: Social Security No.: 3, If you are currently separated (within the same household or otherwise) state the date of separation and manner. Date of Separation: Manner of Separation: II. REAL ESTATE. 4. As to any real estate in which you now have, or have had an interest at anytime during the past ten (10) years whether individually, joinfly, or in partnership form, or in corporate form, or as trustee for any person, or as a beneficiary under any trust, or held by anyone for your beneficial interest complete one of the information sheets attached hereto and identified as FORM A: (NOTE: Use one FORM "A" for each real estate interest.) Enter here the number of FORM "A's" attached: Ill. EMPLOYMENT AND INCOME. 5. State your primary occupation or profession. 6. As to each source of wage and/or salary income, including, but not limited to disability income and retirement annuity income, complete the attached wage and salary information sheets identified as FORM B. (NOTE: Use one FORM liB" for 6 each source.) Enter here, the number of FORM "B's" attached: 7. Attach copies of your personal and business Federal and State Income Tax returns and Financial Statements for each of the immediately preceding five (5) years, including, all schedules attached thereto. IV. BUSINESS OR COMMERCIAL INTERESTS. 8, Complete one FORM "C" attached hereto for each corporation in which you now hold or have held within the past five (5) calendar years 5 % (see Form "C") or more of the outstanding and issued capital stock, whether corrnnon or preferred. (Note: Use one FORM "C" for each such interest.) Enter here the number of FORM "e's" attached: 9. Complete form "D" attached hereto for each partnership in which you now hold or have held within the past five (5) calendar years any interest. (NOTE: Use one FORM "D" for each such interest.) Enter here the number of Form "D's" attached: V. OTHER ASSETS. 10. Identify any automobile, truck camper, mobile home, motorcycle, boat, airplane, or vehicle of any nature that you own or have all interest in and set forth: (use supplemental sheets if necessary) a. Make, model, year; b. Date acquired; c. Purchase price or value at acquisition; d. Your opinion as to current fair market value; e. How title is held; 7 f. Date, initial amount, present balance of any liens or encumbrances thereon including identity of lienholder. 11. State whether you own any furniture, household goods, jewelry, antiques, art work, furs, collections or other items of value exceeding $500.00. For each item set forth: (use supplemental sheet ifnecessary) a. Description; b. Date of acquisition; c. If purchased, source of funds used to purchases; d. Purchase price or value at acquisition if not purchased; e. Current fair market value; f. Present location; g. Provide copies of any appraisals. 12. List an inventory of your coin collection. 13. List an inventory of your gun collection. 14, Complete one FORM E attached for each banking account (checking, passbook, NOW, statement saving, certificate of deposit, saving certificate, etc.) in which you now have or within the past five (5) years have had, ~my interest, ownership, or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others, or as the beneficiary of an account held by another as custodian or trustee. 8 " NOTE: IRA'S, Keogh's, or other bank retirement plans need not be mentioned here, see, question 19. (NOTE: Use one Form "E" for each account). Enter here the number of FORM "E's" attached: 15. Complete FORM "F" for any and all bonds, stocks, and other securities, mutual funds, rmney market funds in which you now have or within the past five (5) years have had any interest whatsoever whether individual, joint, as custodian, or trustee for others or as the beneficiary of an account held by another as custodian or trustee. (include securities even if interest or dividends thereon are exempt from taxation.) 16. Identify any safe deposit box which you have hadl or used within the past five (5) years and set forth: a Name and location of the institution of each box or depository; b. The name or names in which it is registered; c. Date of opening and closing, of each; d. Present contents of each box or depository; e. The identity of anyone who has access; f. The date of your access in the last five (5) years. 17. State whether there is any money owing to you, including, but not limited to, judgments, notes, contract rights, loans, assignments, etc., and set forth: a. Nature and amount of each obligation and date incurred; b. N aIDe and address of each debtor; 9 c. Condition of payment; d. Consideration given. 18. Do you anticipate receipt of any devise bequest gifts or inheritance? If so, set forth: a. When receipt is anticipated; b. Amount to be received; c. From whom receipt is anticipated; d. Any documents in support of such bequest, devise, gift, or inheritance. 19. List all life insurance policies in which you are either the owner, insured, or beneficiary, and set forth: a. Identity Insurance !::ompany and policy number; b. Face amount; c. Type (either termor whole life); d. Identity of the owner, insured, and beneficiary and any relationship to you; e. Annual premiums and the payor; f. Present cash surrender value. 20. State the extent, type and location of all books, papers, records, journals, or other documents in your possession or control, which would reflect your income or assets. a. Attach a copy of each such document. 10 .. 21. Complete one Form "G" for each pension or other retirement plan, IRA, Keogh, etc., In which you now participate or have participated at any time within the past five (5) years. Enter number of Form "G's" attached: VI. CREDIT. LIABILITIES. AND OBLIGATIONS. 22. For each credit card or charge account maintained by you at present or at any time within the past five (5) years, whether in your individual name or jointly with others, state: a. Identity of issuer of credit card or charge account; b. Account number; c. In whose name it is maintained; d. Date opened; 23. Set forth, in detail, any of your obligations, whether individual, joint, or joint and several, including, but not limited to, mortgages, conditional sales. security agreements, contract obligations, financlng statements, promissory or judgment notes, including: a. Name and address of each creditor; b. Form of each obligation and date incurred; c. Consideration received for the obligation; d. Amount of original obligation; e. Rate of interest; 11 f, Description of any security given; g. Present unpaid balance on the obligation. 24. Describe any and all assets with a value of $500 or more that you owned as of the date of this marriage. As to each said asset, if any, state the following: a. Description; b. Asset received and value on that date: c. Value at date of marriage; d. Value at date of separation; e. Value on current date. 25. List any and all liabilities you owed as of the date of this marriage. As to each such liability, if any, state the amount of same as of your marriage date, your separation date, and the current date. 26. Identify and describe in detail each and every item of property that you contend is "marital property, subject to equitable distribution in this case, and with respect to each such property, set forth the following: a. When it was acquired; b. From whom it was acquired; c. The consideration paid; 12 d. In whose name it was acquired, and how it is titled and/or held; e. Its separation value and its present value; 27. Itemize your average monthly living expenses in detail, including, but not limited to, rent, clothing, food, utilities, telephone, transportation and car, medical and dental, insurance of any nature, mortgage and other loan payments, taxes and other regular personal items of any nature, laundry and cleaning, transportation, education, entertainment, recreation, personal grooming expenses, alcoholic beverages, nightclub entertainment, motion pictures entertainment, out-of-town trips, tobacco products, poker, gambling (as to gambling, specify the sport or game involved), sports equipment, any other. 28. State the names, addresses and area of expertise of any and all proposed expert witnesses in this action and annex true copies of all written records rendered to you by any such proposed expert witnesses. If a report is not written, supply a summary of any oral report rendered to you. 29. If you are either asserting a claim for alimony or defending against such a claim, please state with specificity any marital misconduct (hat you contend your spouse has engaged in during the marriage and prior to separation. 13 REAL ESTATE INFORMATION FORM "A" INTERROGATORY #4 (N01E: Complete one (1) Form "A" for each Real Estate mterests) A. Address of property. B. Type of property: (ex: condo, single family residence, unimproved lat., commercial etc). C. Date of acquisition. D. Narne(s) in which title recorded. E. Purchase price or value at acquisition. (i) Amount of down payment contributed by you; (ii) Amount of down payment contributed by others: Name others; F. The value as of: (i) Date of marriage; (ii) Date of separation; (ill) The current date. G. As to any mortgage, encumbrance or lien of any nature, provide: (i) Identity of mortgagee or holder of encumbrances; (ii) Amount of original mortgage or encumbrance; (ill) Amount of present outstanding mortgage; (iv) Original term of mortgage; (v) Remaining term of mortgage; (vi) Monthly payments. H. Attach any appraisal of the property that has been made within the last five (5) years. I. If any real estate produces rental income or other income, as to each of the last five (5) calendar years, set forth: 14 FORM "A" (i) Address of property; (ii) Name and address of each person from whom rent or other income was received; (iii) Amount received from each person in each year; (iv) Portion of premises rented to each person; (v) Itemization of all expenses of maintaining that real estate in each year; (vi) Terms of any lease agreements with respect to each source of rental income. 15 INCOME FROM WAGES AND/OR SALARY FORM liB" INTERROGATORY #6 (NOTE: Complete one (1) Form "B" for each source of wage or salary) A. N~ and address of business or other entity or retirement from which you receive salary or wage. B. Indicate which of the following is applicable to the source of wage or salary income identified on this form: self-employed employed by another partnership in which you are a partner sole proprietorship in which you are the sole proprietor professional corporation in which you are a shareholder closely held corporation other, please indicate C. Title or capacity in which you are employed, and nature of your duties. D. Date of your initial employment. E. Whether you have entered into a written agreement of employment, if so, attach a copy of that agreement. F. Your gross yearly, monthly or weekly income, if paid on an hourly basis state hourly rate of pay for both regular and overtime hours. 16 G. List all deductions from your pay including, but not limited to taxes, insurance, FICA, savings, loans. H. Your net yearly, monthly or weekly income. I. If you receive any travel allowance, expense account or other reimbursement for expenses from your employer, state amount received from your employer for each of the past five (5) years including the current calendar year to date. J. Set forth any bonuses received by you from your employer in the past five (5) years indicating date and amount received. K. If you participate in any profit sharing or other deferred compensation plan through your employment, state, as to each such plan: 1. identity of plan and plan administrator; 2. Portion of amounts given in 2 contributed by you and portion contributed by your employer; 3. Present balance of your interest in such plan; 4. Attach any brochures defining the terms and provisions of the planes); and 5. Name of any beneficiary of such planes). L. If you are a participant In any stock option or stock bonus plan. provide: 1. Identity of plan and plan administrator; 2. Amounts credited to your account in each of the past five (5) years; 3. Portion of amounts in number 2 contributed by you and portion contributed by your employer; 4. Present value of your interest in such play; 17 5. Attach any brochures defining the terms and provisions of the planes); M. Check which of the following benefits are provided for you: health insurance for you health insurance for your family members life insurance on your life disability insurance or wage or business interruption insurance payment for occupational or professional licenses and association dues country club dues clothing allowance use of motor vehicle (state if business-owned or leased) payment of auto gas, repairs, insurance payment for travel and seminars medical reimbursement housing allowance or use of employer-owned dwelling other (specify): Medicare: health insurance 18 , . , . CORPORA TION INTEREST INFORMATION FORM "e" INTERROGATORY #8 (NOTE: Complete one (1) Form "C" for each corporation in which you now hold or have held within the past five (5) calendar years 5% or more of the outstanding and issued capital stock whether common or preferred.) N. State corporate name and location of business office (not P.o. Box). O. State the nature of the corporation's business. P. State your position with the corporation. Q. State the name and address of the chief financial officer of the corporation and the accountant of the corporation. R. State the total number of outstanding shares owned by you at the present and the class of stock involved. S. State what percentage of the total outstanding shares is mvned by you at present. T. State the date you acquired your initial interest, the cost and the number of shares acquired (if more than one acquisition date, set forth each acquisition date after the initial acquisition and number and cost of skates acquired). U. State the name(s) and addresses) of the other shareholders, the officers and the Board of Directors, indicating the number of shares held by each and his or her position with the corporation (N01E: if any of these persons are related to you please so indicate and identify the relation). 19 ", 1 I " ,. PARTNERSHIP INTEREST INFORMATION FORM "D" INTERROGATORY #9 (NOTE: Complete one (1) Form "D" for each partnership in which you now hold or have held within the past five (5) calendar years any interest. A. State partnership name and location of business office (not P. O. Box). B. State the nature of the partnership's business. C. State whether it is a general or limited partnership; and whether you are a general or limited partner. D. State your percentage ownership interest. E. Provide the name(s) and addresses) of all other partners. F. Provide the name and address of the accountant for the partnership. G. State the date you acquired your initial interest, the cost, the percentage ownership and state the date, cost and percentage for any subsequent acquisitions. H. Attach a copy of the current partnership agreement and any other agreements between you and the partnership or between you and the other partners (including but not limited to employment agreements, buy-sell agreements). 20 .. -:II .. . " " BANK AeeOUNT INFORMATION FORM "E" INTERROGATORY #14 (NOTE: Complete one (1) Form "E" for each account). A. State name of bank, title of account and account number. B. State the type of account (checking, savings, certificate, NOW, etc). C. State the date you opened such account or date you acquired your interest therein. D. State the date you closed the account or otherwise ceased to have any interest therein. E. Provide the names and addresses of any other persons who have either an ownership interest or power to withdraw funds from such account. F. Provide account balances as of the following dates: 1. Date of marriage; 2. Date of separation; 3. Date you answered these interrogatories. 21 " ~ l , '" .' . . " SECURITIES INFORMATION SHEET FORM "F" INTERROGATORY #15 '^ . .t ' A. Identity of any securities you hold, own or possess, or that are held for you by any financial institution or other person. B. Number of shares or principal amounts of bonds. C. How title held and name(s) of all others in title. D. Date of purchase. E. Cost. F. Value at the date of marriage. G. Value at the date of separation. H. Value at the date you answered these Interrogatories. I. If you have sold any securities, what is the date of the sale. J. What are the proceeds of the sale. 22 " :... ~ ... _, l ~ . ~ j. ,- .. 4.... . RETlREMENTIPENSION INFORMATION FORM "G" INTERROGATORY #21 (NOTE: Complete one (1) Form "G" for each pension or other retirement plan, qualified or non- qualified D(A, Keogh, etc. in which you now participate or have participated at any time from the date of marriage until the present. A. Describe the nature of plan (-A, Keogh, Defined Benefit Plan, etc., and whether or not qualified). B. State the balance or amount to your credit on each of the following dates, specifying employee contributions, employer contributions, and Interest: 1. Date of marriage; 2. Date of separation; 3. Date you answered these interrogatories. C. Provide the name and address of the bank/plan administrator or trustee. D. State the Account number(s). E. State the date on which you opened the account or date on which your participation in the plan commenced. F. Identify the named beneficiary of the plan. 23 .. 1./ "III. . Jf ..... ,.. . 1:0 , . . FORM "G" G. Can you take loans against or liquidate your interest in the plan? H. Are you partially or wholly vested in your plan? If so, to what degree are you vested? When will you be fully vested? I. Is your interest matured? If you are in pay status, what is the amount and frequency of your payments? J. Attach a copy of the plan and any account statements reflecting your interest in the plan as of the following: 1. Date of marriage; 2. Date of separation; 3. Date of answers to these interrogatories; 4. Last five years. 24 f t' ~., \.. J. \. I \ \ . ,j" .. , t'" .... CERTIFIeA TE OF SERVleE AND NOW, this J2~ay of December, 2002, I hereby verify that I have caused a true and correct copy of PLAINTIFF'S FIRST SET OF IN1ERROGATORIES, to be placed in the U.S. mail, fIrst class, postage prepaid and addressed as follows: Stanley York c/o Joel O. Sechrist, Esquire 568 Old York Road Etters, PA 17319 7 I ! l , \\NTSiRVM\UIJerS\R&AFamily Law\Client Directory\Y ork, Maria\Pleaditegs\MdtiOltto Compel Discovery Responses.wpd March 12(2003 ... 'I" ... eERTIFIeA TE OF SERVICE AND NOW, this /.3 << day of March, 2003, I hereby verify that I have caused a true and correct copy of Movant's Motion to Compel Discovery Responses, to be placed in the U. S. mail, first class, postage prepaid and addressed as follows: Stanley A. York c/o Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, P A 17055 ~L/Il /{~ Melissa M. Kain .. ."'J .i ...fI/II . o ~ .'ut~ 1'/(- ~~;:-: c.'l ~2 ~ ~ ..,., . , ":.J c. c::) c:.> ::i . CJ :< \\NTS~RVER\Urers\R&A Family Law\Client DirectoryW ork, Maria\Pleadi,ngs\Motion to Compel Discovery Responses.wpd March 12, 2003 MARIAC. YORK, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW RULE TO SHOW eAUSE AND NOW, this ~ day Of~, 2003, upon review of the attached Motion, a Rule is hereby issued against Respondent Stanley A. York, to show cause, if any, why Movant Maria York's Motion to Compel Discovery Responses should not be granted and why Respondent should not be ordered to pay Plaintiff counsel fees, costs and expenses incurred seeking responses to the outstanding discovery requests. Rule returnable within ~ days of date of service. BY TIlE COURT: . . 1 ~ t il ~1 ~~ ALNn~~t~~8~~ty}~ , ., '--':"'.'-?Vr18 ft,. ''? II ":::J 'C- ~"du ;) I \ 1'.......1 . u C1:h'1 co ,l U\/i r-.... " . ~u,.,.)..I.,.....j~~,,:,~ I -1t\~1' ,........ .-.-"-'" .~;", .:J...j/: ,::'-~LF--~..J:~i 1~'._: MARIAe. YORK, PLAINTIFF : IN THE COURT OF eOMMON PLEAS : OF eUMBERIAND eOUNTY, : PENNSYL VANIA vs. : NO. 2002-1280 eIVIL TERM STANLEY A. YORK, DEFENDANT : CIVIL ACTION - LAW : AeTION FOR DIVOReE ANSWER TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES. and NEW MATTER AND NOW, comes the Defendant, STANLEY A. YORK, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this Answer to the Plaintiff, Maria C. York's Motion to Compel Discovery Responses, and in support thereof asserts as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. By way of further explanation, Defendant's counsel at that time was not Susan Kay Candiello, Esquire. 7. Admitted. 8. Admitted. 9. Unknown. NEW MAlTER 10. Paragraphs 1 through 9 of this Answer are incorporated herein by reference thereto. 11. Defendant's new counsel, Susan Kay Candiello, Esquire, took over this civil action when there were numerous problems. Since that time an agreement has been reached regarding the issue of exclusive possession of the marital residence. The parties are discussing an agreement regarding the issue of spousal support. 12. Defendant's new counsel, Susan Kay Candiello, Esquire, specifically stated to Plaintiff's counsel, Joanne Harrison Clough, Esquire, the information requested would be forthcoming and requested additional time. Attorney Clough stated she had waited long enough. 13. The great majority of the information and documents requested has been and continues to be within the Plaintiff's sole control since the parties' separation and Plaintiff's numerous actions to secrete all information and documents from the Defendant 14. Defendant believes the Interrogatories and Request for Documents were submitted to the Defendant primarily as an aggravation and delaying tactic for discussing a final settlement agreement. 15. Defendant has now provided Plaintiff with complete answers to the Plaintiff's Interrogatories and Request for Documents. 16. After obtaining new counsel, Defendant has taken all actions to respond in a timely manner to the Plaintiff's requests. WHEREFORE, Defendant, STANLEY A. YORK, respectfully requests that this Honorable Court not grant the Plaintiff, MARIA C. YORK, attorney fees, or take any other action. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: March ~ 2003 Susan Kay Candl 0, Esquire Counsel for Deft nda t PA I.D. # 64998 5021 East Trindle Road, Suite 100 Mechanicsburg P A 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: 3 -d~--CJ 3 CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby certify that I served a true and correct copy of the foregoing Answer to Plaintiff's Motion to Compel Discovery Responses, and New Matter, by first-class United States mail, to the following: Joanne Harrison Clough, Esquire Reager & Adler, PC 2331 Market Street Camp Hill PA 17011-4642 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: March :2./0 , 2003 Susan Kay Candi 10 Esquire Counsel for Defe da t PA I.D. # 64998 " 5021 East Trindle Road Suite 100 Mechanicsburg P A 17050 (717) 796-1930 (') ~ ~, "'tJtXJ ~~;l; (.0 ~,;~~ --..;: ....:.. r- r~ :<:'" )>C =?e; >C": ~ --i -< o w :x ~- ;:lJ N .-..J o .1 =::1 f;i;;;'J !-n .-, T -.J "",33 "C~C) brn -'I ~ -< -0 :::r ~ :::> -.J F:\R&A Family Law\Client Directory\York, Maria\Pleadings\Motion to Compel Discovery R(:sponses.2.wpd June 27, 2003 MARlAC, YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW MOTION TO COMPEL DISCOVERY RESPONSES AND NOW, this 27th day of June, 2003, comes Plaintiff; Maria C, York, by and through her counsel, Reager & Adler, P,C" and moves this Court to compel discovery responses as follows: 1. Movant is Maria C, York, an adult individual residing at 2060 Clarendon Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2, Respondent is Stanley A. York, an adult individual residing at a loca~n 8 9, "1:'1'~ unknown to Plaintiff. He is currently represented by Susan Candiello, Esquire, 5P fJ :.~ I! f; :,"- ~..) . '1.',; 11'1 3, The parties are husband and wife having been married on AugUst~3?196Q:' ,j~ zt.) :x ",';; .-(".'<.0 4, On May 30, 2003, Movant forwarded Plaintiffs Second Request PoiiProdUctiohir'n ., ~ SJ -< (",,) --< of Documents to Defendant, Stanley York. A true and correct copy of this document is attached hereto as Exhibit "A," 5, On or about June 20, 2003, Plaintiffs counsel received the attached Response to Plaintiffs Second Request For Production of Documents, A tme and correct copy of this document is attached hereto as Exhibit "B." \\NTSERVER\Users\R&A Family Law\Client Directory\York. Maria\Pleadings\Motion to Compel Discovery Responses.2.wpd June 25, 2003 6, Defendant fails to raise any appropriate legally.,based objection to any of the requests in Plaintiffs Second Request For Production of Documents and fails to provide responses to any of the information requested, 7, Plaintiffs Second Request For Production of Documents specifically requests financial information regarding the purchase of real estate by Defendant Stanley York post- separation. 8, Movant Maria York is entitled to this information to determine if any marital funds were used for the purchase of said real property and is also entitled to this information in order to prepare for trial to ascertain information concerning all relevant factors the Court considers in equitable distribution under 23 Pa, C,S,A, S 3502(a), sub-paragraph 3, sub- paragraph 5, sub-paragraph 6, sub-paragraph 8, and sub-paragraph 10, 9. Movant believes Respondent's refusal to provide this discoverable information is a direct attempt on his part to thwart Movant's preparation for trial on this divorce action, 10. Movant Maria York has incurred counsel fees, costs, and expenses in her attempt to secure answers to appropriate discovery requests and requests Respondent Stanley York be directed to pay any and all of her counsel fees, costs, and expenses incurred in securing answers to the proper discovery requests forwarded on Respondent. WHEREFORE, Movant Maria York requests this Honorable Court to compel Respondent Stanley A. York to file an answer to Plaintiffs Second Request For Production of Documents and provide the information for requests one (I) through six (6) within 15 days of the date of filing of this Motion, and grant Plaintiff counsel fees, costs and expenses incurred in F:\R&A Family Law\Client Directory\York, Maria\Pleadings\Motion to Compel Discovery R.~sponses.2.wpd June 27,2003 securing the answers thereto in the amount of Five Hundred Dollars ($500,00) and grant any further relief the Court deems appropriate. Respectfully submitted, REAGER & ADLER, PC HARRIS LD, No, 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff DATED: fo - d )--OJ By: \\NTSERVER\Users\R&A Family Law\Client Directory\York, Maria\Pleadings\Motion to Compel Discovery Responses.2.wpd June 25, 2003 CERTIFICATE OF SERVICE AND NOW, this ~ day of June, 2003, I hereby verify that I have caused a true and correct copy of Movant's Motion to Compel Discovery Responses, to be placed in the U.s, mail, first class, postage prepaid and addressed as follows: Stanley A, York c/o Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, PA 17055 JO VERIFICATION I, Maria York, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. ~11~.;1~ Mana Yor DATE: fo-c;..S -0..:3 EXHIBIT "A" REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D, No. 36461 2331 Market Street CampHill,PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C, YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1280 : CML ACTION - LAW STANLEY A. YORK, Defendant : IN DIVORCE PLAINTIFF'S SECOND REOUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: Stanley York c/o Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, P A 17055 I. INSTRUCTIONS Pursuant to Pa, RC,P, 4003.3 and 4009, please furnish, at my expense, to my office within thirty (30) days, a photostatic copy or like reproduction of the following materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof, II. DOCUMENTS REQUESTED I, Copies of any Agreements of Sale for real estate: you entered into in the last two (2) years, 2. Copies of any Deed for any property you purchased during the last two (2) years, 3. Copy of the HUD-I Settlement Sheet for any real estate purchased in the last two (2) years. 4, Copy of any mortgage and Promissory Note for the purchase of any real estate in the last two (2) years, 5, A complete copy of any Lending Application that was completed for any financing or the purchase of any real estate in the last two (2) years, 6. A copy of any and all canceled checks, money orders, or other source of funds/ payment for the monies you used to purchase any real estate in the last two (2) years, Respectfully submitted, REAGER & ADLER, PC Date: f)- 30-0 By: Joann arrison Clough, LD. No, # 36461 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 Attorneys for Plaintiff 2 CERTIFICATE OF SERVICE AND NOW, this ~y of May, 2003, I hereby verify that I have caused a true and correct copy of PLAINTIFF'S SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, to be placed in the U.S, mail, first class, postage prepaid and addressed as follows: Stanley York c/o Susan CandielIo, Esquire 5021 Trindle Road Mechanicsburg, PA 17055> J~J H;rri"n CIou , 3 EXHIBIT "B" LAW FIRM OF SUSAN KAy CANDIELLO" P.c. NURSE! ATTORNEY 502 I EAST TRINDLE ROAD, SUITE 100, MECHANICSBURG, PENNSYLVANIA 17050 (717) 796-1930 FAX (717) 796-1933 www.skdamilylaw.com www.skcelderlaw.com June 19, 2003 Joanne Harrison Clough, Esquire Reager & Adler, PC 2331 Market Street Camp Hill PA 17011-4642 RE: Maria C. York vs. Stanley A. York Cumberland County No. 2002-1280 Civil Term Dear Joanne: Enclosed please find the following: 1, Defendant's Answers to Plaintiff's Second Set of Interrogatories; and 2. Defendant's Answers to Plaintiff's Second Request for Production of Documents, Please call me if you have any questions. Sincerely, ~- SKC:krh Enclosures cc: Stanley A. York, w/encs, JUN 2 0 2n03 .__..-------_.-_.-....~ REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney J.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C, YORK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 02-1280 CIVIL ACTION - LAW STANLEY A. YORK, Defendant IN DIVORCE PLAINTIFF'S SECOND REOUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: Stanley York c/o Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, P A 17055 I. INSTRUCTIONS Pursuant to Pa. R,C,P, 4003.3 and 4009, please furnish, at my expense, to my office within thirty (30) days, a photostatic copy or like reproduction of the fi)llowing materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. " " " II. DOCUMENTS REQUESTED I, Copies of any Agreements of Sale for real estate you entered into in the last two (2) years, ule. do not klLeve (Y/.6. IjOM hcu a /1.ight to :t.h.U, doC1lll/.ef!.i. It Iuv, no:th.ing to do w));h ffIWLila.e p//.opvdy and .it wa.6 a pU/l.chcue .6ol.eLy .in (Y///..IjOM'.6 N.curz.e, atuvc :!:.he. pan.i..Uv,' .6epOA.t1i.i..on. 2. Copies of any Deed for any property you purchased during the last two (2) years, We do not ~e fl.6.IjOM Iuv, a /1.ight to tA.i../.> doC1./Jl/.e1'd. It Iuv, no:th.ing to do w.d ffIWLila.e p//.opvdy and .it wa.6 a puitcha.t,e .6oM!) iJJ. fl//.. ljoM '.6 /U1J7I2., atuvc th:e. pcvd.ie j~P~'b'f~"'e~ ~lg&~nft;1'feeffdfirt'#ea~ e~{~~hKs1o in the last two (2) years. We do not klLeve fl.6. IjOM Iuv, a /1.ight to :t.h.U, doC1lll/.ef!.i. It Iuv, no:th.ing to do will ffIWLila.e p//.opvdy and .it wa.6 a pU/l.cha.t,e .6ol.eLy .in (Y///.. IjfJM'.6 =, atuvc:!:.he. pcvr..U..ru' .6IN~a/l.a;Uon. 4, Copy of any mortgage and Promissory Note for the purchase of any real estate in the last two (2) years. ME do not ktLeve fl.6. IjOM hcu a /1.ight to :t.h.U, doC1lll/.ef!.i. It Iuv, no:th.ing to do w));h mwU.:taf. p//.opvdy and .it wa.6 a pU/l.cha.t,e ~y .in fl//.. IjfJM'.6 =, al.:Lvz.:!:.he. pwt:U...e.o' .6/l/lOA.t1i.i..on. 5, A complete copy of any Lending Application that was completed for any financing or the purchase of any real estate in the last two (2) years, We do not ktLeve f'l.". Ij OM Iuv, a /1.ight to :t.h.U, do C1./Jl/.e1'd. It Iuv, no:th.i.ng to do w));h ffIWLila.e p//.opvdy and .it wa.6 a PU/l.cha.t,~, .6ol.eLy .in fl//.. 1j6M'.6 =, 6, Aa~ ~n9~' dlftl%atciI'&ks, money orders, or other source of funds! payment for the monies you used to purchase any real estate in the last two (2) years, NIA Respectfully submitted, REAGER & ADLER, PC Date: f)- 'xr0 By: loann arrison Clough, LD. No, # 36461 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 Attorneys for Plaintiff 2 . ' CERTIFICATE OF SERVI(;E AND NOW, this ~y of May, 2003, I hereby verify that I have caused a true and correct copy of PLAINTIFF'S SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, to be placed in the U.S, mail, first class, postage prepaid and addressed as follows: Stanley York c/o Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, P A 17055 ~""'" Clou . 3 \\NTSERVER\Users\R&A Family Law\Client Directory\York, Maria\Pleadings\Motion to Compel Discovery Responses.2.wpd June 25, 2003 v, IN THE COURT OF COMMON PLi~~ ~ ~003 CUMBERLAND COUNTY, PENNSYLV~IA NO. 02-1280 MARlAC. YORK, Plaintiff STANLEY A, YORK, Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this lh1 day of :r \.I \ ~ ,2003, upon review of the attached Motion, a Rule is hereby issued against Respondent Stanley A. York, to show cause, if any, why Movant Maria York's Motion to Compel Discovery Responses should not be granted and why Respondent should not be ordered to pay Plaintiff counsel fees, costs and expenses incurred seeking responses to the outstanding discovery requests, Rule returnable within ], 0 days of date of service, BY THE COURT: ], }t 1f ~ iJ~~ . ~ { ~ '." , . ' "I'\N"I'!\~~~\~~\fI\no r'l ""'. )JNn}. _ "\ill" 1;0 t'1,., t: ~U:\I ,'d . :\0 t" """"\IC..}~1 \.,lU\U\\~\jl, ';;:--I-Uj k J:,u' -- 3'J1:1:''- :, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERllAND COUNTY, : PENNSYLV AI~IA MARIA C. YORK, VS. : NO. 2002-1280 CIVIL TERM STANLEY A. YORK, DEFENDANT : CIVIL ACflON - LAW : ACTION FOR DIVORCE ANSWER TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES. and NEW MATTER AND NOW, comes the Defendant, STANLEY A. YORK, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C" and files this Answer to the Plaintiff, Maria C, York's Motion to Compel Discovery Responses, and in support thereof asserts as follows: 1. Admitted. 2. Admitted. 3. Admitted, 4, Admitted, 5. Admitted. 6. Denied By way of further explanation, Defendant answered all the Interrogatories and because the answers stated no marital assets were utilized and no documentation was necessary, Defendant did not provide any additional documentation. To the best of Defendant's counsel's knowledge, if no marital assets were involved, the Plaintiff does not have any interest in or right to personal knowledge of the Defendant's life. 7, Admitted. VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa, C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: -pri .. / . (') 0 (') C G..' -..., $: ~~-= "Or!) q!'T -- .'- ..-.--:I..' 1'0 ,~~ zr ,.:J OJ' \.D .c_ (') ~r:: v ::~ ~G ::tc C-) ~'c N .~-"irn ,.c: '::::1 ~ :n -f> :0 ('" '< .. EXHIBIT "A" A. Settlement Statement ~~~ ~~~~-~~~:l~c;,~~:,sA ,r OMBNC_~5C2-0;:"-=-----~ Mortgagelosu'sCceC.BS~;;;~ 8, -ypl!ofL020 O 2 0 F HA 3. 0 Conv. Unlns File Number : Lc~n Nu,nber FHA . m PI06583 i PP165,9BR J OVA 5. Deonv, Inc. _l G NOTE"This form Is furnished to give you. ,t.tt1ml!nt of;lCtuill sl!ltlement COSIS A:n:>IJ,"'ts paid -0 i1nd by ths ssltlsmenlagent lire sl'C'"i1 " lIems marked "p.o,e"were paid outllde of closing; lhey are shown here for In! "national purposes and are not Included In the tc'a;s D, NAMEANCi'ADDAES'S OF'BdRR6WEj:f~ianley.ii: York .."-,..."""..,.........,~_"',..~~,....1Hfl I: NAME AND ADDRESS OF SELLER: /' DividE. W'llv.r 90E..tgat. Dr/v., C,mp Hill, PA 170f1 TfliW8.hlngionSiivlngs Blm/( FSB 6116E8st Trlndl. RO.d,M.ch.nlcsburg. Pfi 17050 'r-,- NAME"AND ADDRESS'OF'LENbER: . .~, PROPERTY LOCATION: .// /.~--- / / ( ,. :~~~~~F~~J~~:~1NTt. ~!-";':~'$_~~~~~ift~~AicablJ1Pi PA'17050 TIN' "2~f'6h'i~~5,' I SETTLEMENT DATE: 0413012003 I RESCISSION DATE: .1. SUMMARY 0 BOR OWE RA ACTI N K. UMMA OF llER' 109rGBQ$..I>.:~M..<i.l!lliE~iE~~..I: .:;:~"~:J::'T::t...,~?::;",;,:_',:.".:lj:: ;~gO. GROSS AMl?1"!Nr;9.4!tT9_.~~fLER: i,fai>C6ni'aCI'S;'jes'prk:;"._ 40,F'o";cel,,roperly ....~".. ..,.-c'jr._.' _ ,~",ll .',.',,,',' ',<' "'. .'< ,CO "4'05 .,';- ADJUSTI_1ENTS FOI~ ITEMS PAID BY SELLER IN ADVA,'.'CE' 401), Ci(v'lc'-'m T"~es to ,....~ :,,""" ''',-,"' ~DJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: 'GB, Cllyltown la~!1 -"7COUnlyTaxes 'Q~, A~seslmenla " 04/30/2003 to 04/JO/2,.OqJ :10 01/01/2004 -07/0111-003 $182.78 $17~.40 40~ CCLJet.. T"~es 40a, A$S"""'~nI5 04/30/2003 to 04/30/2003 to f"~ ',10"'-- 409 :''410 '" , . , ,,,''-'.~-',~, ",i_',,:~, , ~"," ,:'" ,:,.~s"":"",-,,,_/, ".,~."i1. ;"412- , ] ;:0 GROSS AMOUNT DUe FROM BORROWER; 2('0_ AMOUNTS PArD BY OR IN-BEHALF OF BORROWER: ~151, S04 .22 42C'. GROSS P.MOUNT DUE TO SELLER: 500, REDUCTIONS IN~MOUNT DUE TO SELLER: 201, Deposll ore.mul money 13,000. 00 ~Ol, Eve.." '1e~~.1t (IHlo,llru.:lIOflIJ 20~,.,"rl~<;ip,'La!J1AAP~.(,g ~(1l,.,.."''''~'''_''''''''''',,",~€!J..z;4!ZA ,.\1.(1, gOLSe~lem"nl c~a,g.sto_'I.II.r,(lIn..l~OO), 20~:.. ExiMing 1(I~n(5) lakeI'! sub/e<;l 10 ~O~. ~~i51;n~ '''ois) token lubJeC! to 2~ \ 50~, P~~off or ""I mortgOgl 10.0 20C ~05: Po',""_f! 01 '.condmorlll'1~ loan ~ - zr; 2M" .-~,"," ,,,,,,,c,,~_,.,,<,,,,,,,_~~,';';~'~~~ 20, '" ~',*,!m\1',~t"~:,'iM"'r SOB 509 ADJ'FTI''''_:IHS FOR 'TEMS UNPAID BY SELLER "f:1JUSTMENTS FOR ITEMS UNPAID BY SELLER; " l,:',C'lyllownlaxe. ;'11,Counrylax"5 ;'11 AsSe!smenll 51" '~-'I.."t,' " " '""es " 51','>I;r:'-'I,,'es 512,',,,",,,rMls " )1;. ;r-,:;,':r;;~',1flf; ~.~ '.~ {;~j:m, S-"",'en.q,,-, 0"4I...Q~/20q3 to 2"G ..2::;;.-- '" 5" -.- l'J?i!'i;'i's"","' """L":~i.":::;;::;"" ;: '~ 510 ~;;.,,;:i,,:i'~,l;:j''-j'~~; ,!(b(~~:~';;;~:~~_~ f;~~f4$!i;~-,\\t~~F,W? ~~,'1_517.' '. -- 51" nJ TOTAL PAID BYIFOR BORROWER: 300. C,.l,SH AT SETTlEMENT FRQMfTO B_QRRgwER: 301. Gross amouol dUfl from bOlTOWflr(lIne 120) 202, LeH""mO~'J!.Ri!'.!.I!.JlY.ff.qC~~~r,.(U~~PJ~..,,,,.......,," ,,' 3D.1. CAS'--J ( ~FROM) (0 TO) BORROWER: '" 520. TOT"-L r.,El)UCTIONS IN .~,MC'L'NT DUE Tel SELLER' 600, CP-SH A.T SETrLEMENTTOfFROM SELLER $130,031,33 $liHB04.22601 _"':!.~I1,,-O.,U,~-=I J?R2. $1,712.$7603. Gre", _~'T"'wnt due 10 'lelter line 420) Less rl1<!ldions_ln..m!:..dl./.'!I'lIer,(lInll 520) CASH OI'"ROMI ( ~TO) HUD.1 (3-86) - RESPA, HB 4305.2 TRANSACTION $147JQO.OC' 01/01/2004 I $182 " 07/01/2003 I $175 " I I I $U7,'S918 , -L I I I ...l I I I , $10,899.00 ...l -L I 04/2~/2003 I 1 t- -L- I I $':1 ~~ $10,9-',;0.55 .:"47,35_0,.18 $:<0,03'"__ SELLER "136,<2P,53 PAGE 1 HL'D.' 1~.v,3188) OM8No;SC'2_Q255 SETTLEMENT CHARGES TOO. TOTAL SALES/BROKER'S COMMISSION B"'SEOON PFtICl: $141,00000 @ r; %_ $lI,8Z0 00 PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S f'UNDS AT SETTLEMENT DIVISION OF COMMISSION (LINE 700) AS FOLLOWS: 00 to Ho.'ud lfaImaDeI:we.U.r 00 t~ 1I.ft1.."tia1 !I'haaQ:I.an "oed 70, $4,435 1M 'J,3QS 703 $0.00 704 $0.00 70S,C"""'"U;"'P.Id'lu,"_ 700 500. ITEMS PAYABLE IN CONNECTION WitH LOAN: BOU;",;;,Or~""'~'" '", ',:,~-"'lI>;:~~''''''~~6zI;S.,..i:.i:ig.-;B~,J'D 802_ L_ dllGQuOl " to !'h. ",..hJ.ngCol1 S.ving. S.nk ~ SO~, "'PI',.I... feoto T.h.. ",..~to.D S.v.ingA' AlIU. TSB ea. C.-.d~ ,.port tg, rh. "a.h.ington, Savil1\1. ..At- TSB eO~,~'otli:lor'i.II1QaC\1on:r....,%'1IiII;",",~';'.a""-~,.&D.\:.'rsJJ ~OEI.Mo<\glIgooll1""""'''''''''''IIgnI..''':rb. "a.hingCon Saving. Bank TSI!I IJm ....."""'"on,.. 7'1:1. "ilI.h.tJ2gtqn s:.v.inl1. lIil1nk TSB !lO6 T1e>e>d C.rt te> TWmI "eo -~10 "n 900, ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE: 901. 1nI_1 from 04/30/2003 1"0$/01/2003 -;;-~MO/1~.I"""",,,,",~Jor /11<I1_10 gro.H..otrdln....................."'" J.-OO)"O:lo 904. Flood In...,,.,.,.. ptMIlym for )"O.l<I gn~ toOO. RE::!cRVES Ot:POSlTEU WITH LENDeR: 001,H...",Ino_ 3,00_. 1002.Morlll.""II1....~ _. 'oo~.CllyptOjl."yloi<o. niiiriliio. to(l-t,C"""lyp""'""yl.... 3.00""",1~'. 'OO5....,,"".I....umont. JI.00'monll100 1006.Floodln.ur....,. """""'0 '1007. rhqrwh,_. 1008 monlIlog ltJo'eAggrilgate A:ci::oi:iritfri9:t.cr'oj;i'~'A~J'u's tiriirit 1100. TITLE CHARGES' 11018011..........01 cIo.olnQ/lllo Fen.t.maah..r , A../Iooiat." .. .. ~ ~ $300.00 $20.0r $75.00 $22.50 . $20.Uld.y $20.14 ~391.00P.O.C,) $33. OB p.r"",,,l~ p"""'nlI1 o",m",,'~ $22 93 p",",onl~ $B5. 06p.r"'''''I~ p.' ",onl~ p., ",onl~ p.rmonl~ $99.24 $68.79 $935.66 ($224.04) 110~. 1\b'1'0CI or till.."",,*, 10 11O.TI......m.,~onto 1'~4TI~.IP'II_bindlrlo "'~.D<><::urMnlptopllroUarllo He>lfard H.JlIU ~e-il..r In!l,N~r.''1<l 11<'7 A~omey'. Ie.. 10 i'nclud""_II'm'NUIl'Itl~. ItnS T'II.Io1~..ncolo T.n"~:"~,~f;_""~,~,~~!,e>l;l.,,t.~ (1...._..bov1i II..... Numt>.ro, :!UO'I':.U04 'lr9 lO<>d.... cc.or.~. $147, ooe, aa ) 11'n.Own".ccy.,i~ $U7,OaO,OO 1111.Zr:ldClr......_t6 100 300 900 '''~. !ll..,trcn.t" l'rc"...ing T.. 1113 1200. GOVERNMENT RECORDING AND rRAN::!FER CHAR~r::ll: 1201.RlCOflIIrigtHt; Dftcj""4$ftlO,'YMOiPii_ "$.00 'R.I~.... 'W..CIty/<lou:>lYl'''''lamp., 0IId $2,'40.00:__ 'W.._SlOollj'~I"'PI: .'o.:.cr;. :MoitGoiiii 1204 120,; 1300 ADDITIONAL Se ;TlEMENT C~RGES: $85.00 $12000 $1,47000 $1,470.00 130'g""'.ylo '30~, f..tin,podIon10 Penn P..t 130' n""". W.rr.n.ty to HSA 'W. Tr.",:.ae>tio.. l'=C...inq T.. te> HOlOUd ,H-=>. 1:)()(;. ~rillJ:l..cUon~.",,:to'I';nIcfM1:i:'!';"n.i:JiIIp.OI:t~If'Ce>d '~Of. S._r.~ ~... ApriJ-.l'w:l. 1307 $40.00 $399.00 $125.00 $12S.00 $99.00 $4,44$.04 $JQ,899,00 Boer,'wer: D~te:_ Tn. f-lUD.' S.tII''''.nISlll''mlnlwM;~ lha""prap..-.d I.. _ .nd,ccurotl .coounl oflnl,,,,"nucl.on, I ha~o~u.. "i(a1U"I~.lu""," to b.dl.~tJ"'.~ inecco'd.nc. wrlh I'" "l.l.m.nl ../.' . , .- O.r.:_S.lIl.mentAgor,j: C.le:_ John Femlterm.cher WAf-{NING: Ill.. crlmor to koowlnglym.k, fill.. .1oI1.....nll to tflOI UnI\I:<I St'l.. on lhl. or Iny olher similar rOlm 'P.n'ltl.. 'IPOl1 oonvlcUOI1 COIn Incl~Cl. 5 nM 8nd imp'ison. ment. For ~.tiI~aa~e: TIlle 18 U,S. COd.Seellon 1001.nd S'clIon 1010. CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby certify that I served a true and correct copy of the foregoing Answer to Plaintiff's Motion to Compel Discovery Responses, and New Matter, by first-class United States mail, to the following: Joanne Harrison Clough, Esquire Reager & Adler, PC 2331 Market Street Camp Hill PA 17011-4642 LAW FIRM OF SUSAN KAY CANDIELLO, p,c. Dated: July ~ 2003 ~ / ... 4~ san Kay Ca' , Counsel for S:'ifendan PAI.D, #649 5021 East Trind d Suite 100 Mechanicsburg P A 17050 (717) 796-1930 (") C ? -oi:J t:;;'L;; "'-....... ZC CI)~,:,: ::S " k"-, ~c' ~~~ -< C) ,.> b 'n ~~ -~ rli= , "clfTl ,0 7.?(1) ,:_I~~S -:.;o-m '.-j -.~\ ~ -< , c= N \.0 -u :3: f'.' :.n '" IINTSERVERIUsers\R&A Family LilwlClient l;>irectorylYork, MariaIPleadingslMotion to Compel Discovery Resporises.2,wpd' June 25, 2003 MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLlt~~ ~ ~003 CUMBERLAND COUNTY, PENNSYLVfNIA NO, 02-1280 v, STANLEY A, YORK, Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this \!:.1 day of :r o.l \ 1 , 2003, upon review of the attached Motion, a Rule is hereby issued against Respondent Stanley A, York, to show cause, if any, why Movant Maria York's Motion to Compel Discovery Responses should not be granted and why Respondent should not be ordered to pay Plaintiff counsel fees, costs and expenses incurred seeking responses to the outstanding discovery requests, Rule returnable within 2. 0 days of date of service, BY THE COURT: J, it~ C0~*:6? ~.O o tt 1f ~ ..p~~ , ~ t ~ ,- . 1'. , NN'3d \i\N\f^~~I!I:1":1'dV'lr(l NrD::-1 - -', J.l _ 'W co 'w l I ~O :\\ \'" ' t,"":i ::10 ",."..[\,:.'_.. ::J"..... I UW! (Ji":'-"~rUjj ld 1\0\1.1.. ,1"\\..1-'1\,..' \ . ;.1-.)--'- . : :. '. ~~ ~ MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LA W STANLEY A. YORK, Defendant NO. 02-1280 CIVIL TERM ORDER OF COURT AND NOW, this 1 st day of August, 2003, upon consideration of Plaintiff's Motion To Compel Discovery Responses, and of Defendant's Answer to Plaintiff's Motion To Compel Discovery Responses, and New Matter, and it appearing that in new matter Defendant has supplied most of the information which the court would have ruled to be discoverable in response to Plaintiff's motion, it is ordered and directed that Defendant, within 20 days of the date of this order, in verified form, provide to Plaintiff's counsel the names and addresses of those relatives of Defendant who assisted Defendant financially with settlement costs, the forms and dates of such assistance, and the amounts. NO OTHER relief is granted at this time. BY THE COURT, c/.Toanne Harrison Clough, Esq. 2331 Market Street Camp Hill, PA 17011-4642 Attorney for Plaintiff ./Susan Kay Candiello, Esq. 5021 Trindle Road Mechanicsburg, PA 17055 Attorney for Defendant I'::JU'O) )> L-f T /Q;.9tJ_ RXS . 08' -0 /-r(3 :rc ~ U\~r\\l-S~\'H6 i , \ Nli.r r, (,>';..(,:,.f<':>~(\':) ,......\ ,\}. .... ' , \ ~\, ",", ;: r\ I.... .,}\\< ,.' L \ ,z, :l',j MARIA C. YORK. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA VS. NO. 2002-1280 CIVIL TERM STANLEY A. YORK. DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE MOTION TO REOUEST CONFERENCE AND NOW, comes the Defendant, STANLEY A. YORK, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C" and files this Motion to Request Conference, and in support thereof asserts as follows: 1, The parties are involved in the discovery segment of a divorce action, 2. The parties have already had differences as to what is discoverable, which have had to come before the court. 3, There is presently a dispute between counsel whether additional documents are discoverable and it appears there will be additional differences as to what is discoverable, which will not be able to be resolved between counsel. 4, To avoid delays in moving this divorce forward and to promote judicial efficiency, the Defendant, through his counsel, is requesting this Honorable Court provide guidance to counsel as to the boundaries of discoverable information and documents in this divorce action. WHEREFORE, Defendant, STANLEY A. YORK, respectfully requests that this Honorable Court meet with counsel in a conference to discuss boundaries for discovery in this divorce action or provide counsel with boundaries for discovery in a manner determined to be most judicially effective, Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, p,c. Dated: September -R- 2003 Susan Kay Candi ,s Counsel for De ndant PAID, #6499 5021 East Trindle oad, Suite 100 Mechanicsburg P A 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa, C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: /~ TH~F CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P,C., hereby certify that I served a true and correct copy of the foregoing Motion to Request Conference, by first-class United States mail, to the following: Joanne Harrison Clough, Esquire Reager & Adler, PC 2331 Market Street Camp Hill PA 17011-4642 LAW FIRM OF SUSAN KAY CANDIELLO, P.C, /'"" Dated: September ~ 2003 Susan Kay Candie I Counsel for Defe PA lD. # 6499 5021 East Trindl Road Suite 100 Mechanicsburg P A 050 (717) 796-1930 0 a 0 c w " " r/) :';-j Ll :." fTi '. "0 1 :Il . ~ j .:!~3 t;} '.0 r:~ , :'(J .'r, -'"i .....;... ":-'1 ~:' -.:'c-) " ;"....J (jrrz ," -/ -"'. OJ ']] -, ", , . F:\R&A Family Law\Client Directory\York, Maria\Pleadings\Motion for Hearing on Motion to Compel Discovery Responses.wpd September 1 ], 2003 MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 02-1280 STANLEY A, YORK, Defendant CIVIL ACTION - LAW MOTION FOR HEARING ON MOTION TO COMPEL DISCOVERY RESPONSES AND MOTION FOR COUNSEL FEES. COSTS AND EXPENSES AND NOW, this ~ day of September, 2003, comes Movant, Maria C. York, by and through her counsel, Reager & Adler, P.c., and moves this Court to schedule a hearing to compel discovery responses and award counsel fees, costs and expenses, and, in support thereof, avers as follows: I, Movant is Maria C, York, an adult individual residing at 2060 Clarendon Street, Camp Hill, Cumberland County, Pennsylvania 170 II, 2, Respondent is Stanley A. York, an adult individual residing at a location unknown to Plaintiff. He is currently represented by Susan Candiello, Esquire. 3, The parties are husband and wife having been married on August 13, 1960, 4, On June 27,2003, Movant filed a Motion to Compel Discovery Responses, A true and correct copy of this document is attached hereto as Exhibit "A." 5. On July I, 2003, this Court issued a Rule to Show Cause against Respondent Stanley A. York to show cause, if any, why Movant Maria A, York's Motion to Compel Discovery should not be granted and why Respondent should not be ordered to pay Plaintiff's counsel fees, costs and expenses incurred in seeking responses 1:0 the outstanding discovery , , F:\R&A Family Law\Client DirectoryWork, Maria\Pleadings\Motion for Hearing on Motion to Compel Discovery Responses.wpd September] I, 2003 correspondence of August 21, 2003 to opposing counsel, and further direct that this Court hold Respondent Stanley A. York in contempt of its Court Order of August 1,2003, and issue further sanctions as this Court deems appropriate for filing false verifit':d answers to discovery requests in this case, and grant Plaintiff counsel fees, costs and expensef, incurred in securing the answers thereto in the amount of Five Hundred Dollars ($500.00), and grant any further relief the Court deems appropriate, Respectfully submitted, RE GER & ADLER, PC JOA LD. No, 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff DATED: ~/\1" 0] By: YEIUEICAIIDN I, Maria C. York, verify that the statements made in this Pleading 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, Section 4904, relating to unsworn falsification to authorities, Date: 9 -0 -o~ J5a',,,, Q"'(~ Maria c. Y ork{l EXHIBIT "A" " . . r..' F:\R&A Family Law\ClientDirectory\York, Maria\Pleadings\Motion to Compel Discovery Responses.2.wpd June 27, 2003 MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW MOTION TO COMPEL DISCOVERY RESPONSES AND NOW, this 27th day of June, 2003, comes Plaintiff, Maria C, York, by and through her counsel, Reager & Adler, P.C., and moves this Court to compel discovery responses as follows: 1. Movant is Maria C, York, an adult individual residing at 2060 Clarendon Street, Camp Hill, Cumberland County, Pennsylvania I70I 1. 2, Respondent is Stanley A. York, an adult individual residing at a location unknown to Plaintiff. He is currently represented by Susan Candiello, Esquire. 3. The parties are husband and wife having been married on August 13, 1960. 4, On May 30,2003, Movant forwarded Plaintiffs Second Request For Production of Documents to Defendant, Stanley York. A true and correct copy of this document is attached 2 0 hereto as Exhibit "A." "1:J S :::: m co c:: zY3 ~ 5, On or about June 20, 2003, Plaintiffs counsel reeeived the attached ~ns~ ~Cj Plaintiffs Second Request For Production of Documents. A true and correct copy ~s :il S;; ::- document is attached hereto as Exhibit "B." ~ w Co.) o "n :lj hl;Jl 'om :00 or'-, --if, :t ; ():D >-0 Om ~ -< . , . . \\NTSERVER\Users\R&A Family Law\Client Directory\York. Maria\Pleadings\Motion to Compel Discovery Responses.2.wpd .. June 25, 2003 6, Defendant fails to raise any appropriate legally-based objection to any of the requests in Plaintiffs Second Request For Production of Documtmts and fails to provide responses to any of the information requested, 7, Plaintiffs Second Request For Production of Documents specifically requests financial information regarding the purchase of real estate by Defendant Stanley York post- separation. 8, Movant Maria York is entitled to this information to determine if any marital funds were used for the purchase of said real property and is also entitled to this information in order to prepare for trial to ascertain information concerning all relevant factors the Court considers in equitable distribution under 23 Pa. C.S,A, S 3502(a), sub-paragraph 3, sub- paragraph 5, sub-paragraph 6, sub-paragraph 8, and sub-paragraph 10. 9. Movant believes Respondent's refusal to provide this discoverable information is a direct attempt on his part to thwart Movant's preparation for trial on this divorce action. 10. Movant Maria York has incurred counsel fees, costs, and expenses in her attempt to secure answers to appropriate discovery requests and requests Respondent Stanley York be directed to pay any and all of her counsel fees, costs, and expenses incurred in securing answers to the proper discovery requests forwarded on Respondent. WHEREFORE, Movant Maria York requests this Honorable Court to compel Respondent Stanley A. York to file an answer to Plaintiff s Second Request For Production of Documents and provide the information for requests one (1) through six (6) within 15 days of the date of filing of this Motion, and grant Plaintiff counsel fees, costs and expenses incurred in .' F:\R&A. Family Law\Client Directory\York, Maria\Pleadings\M~tion t~ Co"mpel Discovery Res:[)Onses.2.wpd June 27, 2003 securing the answers thereto in the amount of Five Hundred Dollars ($500.00) and grant any further relief the Court deems appropriate. DATED: ~ - ;l)--oJ By: Respectfully submitted, REAGER & ADLER, PC JOA HARRISON 1.D. No, 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff , , ' , \\NTSERVER\Users\R&A Family Law\Client Directory\York. Maria\Pleadings\Motion to Compel Discovery Responses.2.wpd June 25, 2003 CERTIFICATE OF SERVICE~ AND NOW, this ~ day of June, 2003, I hereby verify that I have caused a true and correct copy of Movant's Motion to Compel Discovery Responses, to be placed in the D.S, mail, first class, postage prepaid and addressed as follows: Stanley A. York c/o Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, P A 17055 JOA VERIFICATION I, Maria York, hereby verifY and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. a"tI ,0. 'f~ Maria Yor DATE: fa-J}$-a-E EXHIBIT "A" " ' REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717)763-1383 Attorneys for Plaintiff MARIA C, YORK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v, : NO, 02-1280 : CIVIL ACTION - LAW STANLEY A. YORK, Defendant : IN DIVORCE PLAINTIFF'S SECOND REOUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: Stanley York c/o Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, P A 17055 I. INSTRUCTIONS Pursuant to Pa, RC,P. 4003.3 and 4009, please furnish, at my expense, to my office within thirty (30) days, a photostatic copy or like reproduction of the following materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof, " . II. DOCUMENTS REQUESTED 1. Copies of any Agreements of Sale for real estate you entered into in the last two (2) years, 2, Copies of any Deed for any property you purchased during the last two (2) years, 3, Copy of the HOD-I Settlement Sheet for any real estate purchased in the last two (2) years, 4. Copy of any mortgage and Promissory Note for th,~ purchase of any real estate in the last two (2) years. 5. A complete copy of any Lending Application that was completed for any financing or the purchase of any real estate in the last two (2) years, 6, A copy of any and all canceled checks, money orders, or other source of funds! payment for the monies you used to purchase any real estate in the last two (2) years, Respectfully submitted, REAGER & ADLER, PC Date: b'- 30-0.3 By: Joann arrison Clough, LD, No, # 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff 2 " . CERTIFICATE OF SERVICI~ AND NOW, this ~y of May, 2003, I hereby verify that I have caused a true and correct copy of PLAINTIFF'S SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, to be placed in the U,S, mail, first class, postage prepaid and addressed as follows: Stanley York clo Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, PA 17055 3 " ' EXHffiIT "B" ) LAW FIRM OF ' SUSAN KAy CANDIELLO, P.C. NURSE/ATTORNEY 5021 EAST TRINDLE ROAD. SUITE 100, MECHANICSBURG, PENNSYLVANIA 17050 (717) 796-1930 FAX (717) 796-1933 www,skcfamilylaw,com www,skcelderlaw,c:om June 19, 2003 Joanne Harrison Clough, Esquire Reager & Adler, PC 2331 Market Street CampHillPA 17011-4642 RE: Maria C. York vs. Stanley A. York Cumberland County No. 2002-1280 Civil Term Dear Joanne: Enclosed please find the following: 1. Defendant's Answers to Plaintiff's Second Set of Interrogatories; and 2. Defendant's Answers to Plaintiff's Second Re:quest for Production of Documents. Please call me if you have any questions. Sincerely, ~- SKC:krh Enclosures cc: Stanley A. York, w/encs, ---...-.----..-_.-...-~ " '. REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D, No, 36461 2331 Market Street CampHill,PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff MARIA C, YORK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 02-1280 CIVIL ACTION .. LAW STANLEY A. YORK, Defendant IN DIVORCE PLAINTIFF'S SECOND REOUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: Stanley York c/o Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, P A 17055 I. INSTRUCTIONS Pursuant to Pa, R,C.P, 4003.3 and 4009, please furnish, at my expense, to my office within thirty (30) days, a photostatic copy or like reproduction of the following materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. '. , , " '. II. DOCUMENTS REQUESTED I, Copies of any Agreements of Sale for real estate you entered into in the last two (2) years. We do nOL /klieve fI-I>. 1j0M hM a /l.i..gh:t LO i:h.i./., doCl1Jll.el'li.. I L hcu no:l:JUng :to do wdh flla/l.i:taf. f'/W f'e/l1-y and J.;t wcu a f'W1.cJuv,e -I>obdy in. filL. 1j0M' h Iiame, a/J:-eA :!:.he f'a~' 6ef'ww:Lion. 2, Copies of any Deed for any property you purchas,ed during the last two (2) years, We do nOL kl.Leve fI-I>.ljoM hM a /l.i..gh:tLo i:h.i./., doCl1Jll.el'li.. . It. hM no:l:JUng LO do ww fTlGA..d.a1 f'ILOf'vU:.Y and J.;t W<:lh a f'W1.cJuv,e -I>obdy .0 filL; 1j0M'-I> nCllll.e, a/J:-eA th:e f'wz.t.Le.. ~~f'~'b'f{h"'e:HtJi5l1 mlg-&~n~eff~#ea'T e~e ~\frih!tseJr in the last two (2) years, We do nOL /klieve fl/,. 1j0M hM a /l.i..gh:t LO i:h.i./., docwn.en.i:.. IL hM no:l:JUngLo do wdhfTlGA..d.a1 f'lLof'edy and J.;t wcu a f'W1.cJuv,e hobdy in. filL. ljaM' -I> name, a/J:-eA :!:.he f'Q~' N~fl(1//.a:LLon. 4, Copy of any mortgage and Promissory Note for the: purchase of any real estate in the last two (2) years. ~~ do nOL /klieve fI-I>. YOM hM a /l.i..gh:t LO i:h.i./., doCl1Jll.el'li.. IL hM no:l:JUng LO do wdh 1IIG'/U.1n.l f'ILOf'vU:.Y and J.;t wcu a f'W1.cJuv,e ;'oRefy in. filL. IjOM'-I> name, atiRA.:!:.he f'~' -I>pflGAa:LLon. 5. A complete copy of any Lending Application that was completed for any financing or the purchase of any real estate in the last two (2) years, We do nOL /klieve fI-I>. 1j0M hM a /l.i..gh:t LO i:h.i./., docwn.en.i:.. It. hM no:l:JUng LO do wJ..:th. flla/l.i:taf. f'/Wf'vU:.Y and J.;t wcu a f'W1.chcue -I>obdy .in filL. ljaM' -I> nwne, 6. Aa~ Mtrn9~' c~&ks, money orders, or other source of funds! payment for the monies you .used to purchase any real estate in the last two (2) years, N/A Respectfully submitted, REAGER & ADLER, PC Date: b'- 'YJ - 0; By: Joann arrison Clough, qUIre LD, No, # 36461 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 Attorneys for Plaintiff 2 , .' '. '. CERTIFICATE OF SERVICE; AND NOW, this ~y of May, 2003, I hereby veJify that I have caused a true and correct copy of PLAINTIFF'S SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, to be placed in the U,S. mail, first class, postage prepaid and addressed as follows: Stanley York c/o Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, PA 17055 3 EXHIBIT "B" . . . ' '~ . ' \\NTt'JRVER\Users\R&A Family Law\Client Directory\York, Maria\Pleadings\Motion to Compel Discovery Responses.2.wpd .. June 2"5, 2003 JfO 2003 MARIAC. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this L.... dayof~ ,2003, upon review of the attached Motion, a Rule is hereby issued against Respondent Stanley A. York, to show cause, if any, why Movant Maria York's Motion to Compel Discovery Responses should not be granted and why Respondent should not be ordered to pay Plaintiff counsel fees, costs and expenses incurred seeking responses to the outstanding discovery requests, Rule returnable within ~ days of date of service, BY THE COURT: 1-5/ 0- fAJ~ (OOi~. q. ], TRUECOPV FROM RECORO In Testimony whereof. I here unto set my hand anll the sea,l of said ~rt at CirIlsIe .... This .3 . r.. . tr:,~Y.l?~/;.. .~:~ Prothonotarv l EXHIBIT "C" MARIA C. YORK, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. 2002-1280 CIVIL TERM STANLEY A. YORK, DEFENDANT CIVIL ACTION -LAW ACTION FOR DIVORCE COpy ANSWER TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES. and NEW MATTER AND NOW, comes the Defendant, STANLEY A. YORK, by and through his counsel, Susan Kay CandieIlo, Esquire, of the Law Firm of Susan Kay CandieIlo, P.C., and files this Answer to the Plaintiff, Maria C, York's Motion to Compel Discovery Responses, and in support thereof asserts as follows: 1. Admitted. 2, Admitted. 3, Admitted, 4. Admitted. 5. Admitted. 6. Denied By way of further explanation, Defendant answered all the Interrogatories and because the answers stated no marital assets were utilized and no documentation was necessary, Defendant did not provide any additional documentation. To the best of Defendant's counsel's knowledge, if no marital assets were involved, the Plaintiff does not have any interest in or right to personal knowledge of the Defendant's life, 7. Admitted. 8. Denied. By way of further explanation, Defendant answered all the Interrogatories and because the answers stated no marital assets were utilized, the Plaintiff does not have any interest in or right to personal knowledge of the Defendant's liftl, 9. Denied, Defendant's belief is Plaintiff wants to have knowledge of his personal life and her rationale for filing these continuous Motions with the Court is to delay the final settlement of this action to enable her to continue to receive spousal support, 10. Unknown, NEW MATTER II, Paragraphs I through 10 of this Answer are incorporated herein by reference thereto, 12. Defendant has responded in a timely and honest manner to requests made by Plaintiff of and concerning marital property. 13, Plaintiff has no right to compel the Defendant to disclose information of and concerning his finances after the parties' separation, if no marital assets or property are involved. 14, Defendant believes Plaintiff has taken advantage of the ability to cloak her actions under the umbrella of alleged marital assets, to learn information about the Defendant's private life after the separation. 15. Defendant has no desire to delay the final resolutiion of the parties' marital assets, Defendant believes that is the Plaintiff's other purpose for filing this Motion. 16. To that end, Defendant has attached at Exhibit "A" a copy of the Settlement Statement for the residence he purchased after the parties' separation. 17, The attached Settlement Statement clearly identifies the purchase price of the residence was $147,000,00, which is the amount of the mortgage the Defendant obtained from the Veterans Administration. This is exactly the information provided to the Plaintiff by the Defendant. 18. The Settlement Statement also identifies the Defendant had to pay approximately Four Thousand Seven Hundred Dollars and No Cents ($4,700,00) in closing costs to purchase this properly, The Defendant obtained these monies from his n~latives, None of this money was from marital assets. Again, exactly the answers provided to the Plaintiff, 19, If the court requests, the relatives who gave the money to the Defendant will testify to their actions. WHEREFORE, Defendant, STANLEY A. YORK, respectfully requests that this Honorable Court not grant the Plaintiff, MARIA C. YORK, attorney fees, or take any other action, Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, p,c. Dated: July c:(tJ~ 2003 ;/ Susan l<:ay Cello, Counsel for efenc t PAID, #64 '28 ~ 5021 East Trindle Road, Suite 100 Mechanicsburg P A 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa, C,S.A. g4904 relating to unsworn falsification to authorities, DATED: r3,/ /, EXHIBIT "A" A. Settlement Statement .B. ~ypeolLoall U,S. De~a7'''I~nl or "'lOU$''lq .nd [Jrba~ ~~,'.loo""~"I: ~ ,r OMS ,"0 ;:~02.02~~ 1, 0 FHA 2.0 FmHA ~ 0 VA 5. 0 COIlV. 11If;. C. NOTE:Thi. femn Is furnlsheclto Illve you II .Iat.mell! of 'clue! settlemellt CDSIS, Amounts palclto .nd by the $elUeme~1 alieni are shc\\'~ flem, mlrkecl .p.o.e" were paid OUllicll of dosing; they are shown here for informational pUlpOI.S and are not Included In the to!als. D, NAME AN(j"AtiC5~ESS' OF"BORROWER;' :-Sia':'/ey A: York 3. 0 Cony. Unln. File Number P105583 Loan Numbllr P?1658B1~ Mortgage Insura"lce Case Number _.,....,,.-"..,.,~,-~..,.,-....................~oili.,.".II..\ 'c NAME AND ADDRESS OF SELLER: OavfdE.W..nr 90 Eqtg.t. Driv., Camp Hili, PA 17011 Th.~Wa)hfngtoiT.SIl\i'liTg:s Bin/\' FSB $115'EntTrlndlaROIId,'M.c.hanlcsburg, PA 17050 .// / ( /" 1". NAME'AND 'ADORESS'OF1ENbER: .. -G. PROPERTY LOCATION: H SEP:l.EMEN.T'A.?l=NT: .', "'-'fI.~"'-'~' ""-r~'A. ~,~.,' Pi.At:~;'OF.~S'ffi~~.E1i:t;:';!~~:~5;h"" ,II."" i1:.~r.;;q~~~~.~fca:burgrPA'170S0 TIN: " . <::""2;'-;1' 06'6~.!:" . I. SETTLEMENT DATE: (U/JOI2OOJ ! RESCISSION DATE: J. SUMMARY OF BORROWE K. SUMMARY OF ELLER'S TRANSACTION 1,Og~gB.GI~B:~~~ ~J! ,(' ;.: ,"'~ }9,g:'.'9RO_S.~,bMeYt!T!.gg!U9.~~~~lLER: y TO~~.oL\ .~: .1' ~'lii::'-c'Oi-ilraClSii'j.i'pOOil':,,:.': '10::, Per,o;mll Proplrty 402, J>~rson.1 property ~lii_: ~ 'i;;~;"~~~.*,~;,';F '(fromJli'i..l00". . _,'.. "'", ... ,,,. .., 1M 4~ 1,j-5:';''''~:''~: _ > ..,c.'.~, _.,. '~..:".."", "t, .<:....,. ~1i5. 'o.-:;-,-."...,,.....~,, .',.......,... ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE; ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVA."JCE: _10S,Cilyllownllxlil 10 40G,CityllnwnTaxes lo I 'Oi.COUlllyTlXes 04/30/2003 to 01/01/2004 $182.79 40i.CouotyTa~eI 04/30/2003 10 01/01/2004 I 10B.A~Sfllmenlt 041:30/Z"OQ3 :10, '()'11f!1/.~003' ".76.-40 . 40a.Assessmenls 04/30/2003 10 07/01/2003 $111000.00 I 109. ;{flF" "-."",.". ". 5182.78 5175.40 ~,\:,,,,~t:. .',... 409. : '-". .,.~ }~,iiJ '" .~0..::t4h' ';':".-"."" 120 GROSS AMOUNT DUE FROM BORROWER: 200. AMOUNTS .PAID BY OR IN'BEI--!Al:.F OF, B9RRi:lWER: $1'1,804.22 420. GROSS AMOUNT DUE TO SELLER: 500. REDUCTiONS IN AMOUNT DUE TO SELLER: $U7,359.18 201.D'POlIltO<.lmalmoney 203",P.,Irm'PJlbiII!J:IRlIDl;.t.Q \!N..Q(Il.,." 203. El<i!ling i<),In(s) token IUbjecllo 200L, 20~. 2n~-. ", 20~<,,, '" '''''!o~~'~ """"~~~."'I;~,,*-'. 13,000.00 501, E><<:ess d~p0511(I..h'lllnJcUons) ",_tta& JlQ.~2..Se(Uem.nlch~rgel.lo,'lIIflr, In..140 .503, EJcj31i"lg 10an(l) lakensubl.~tlo 504, Payol'forr.r~lmorlo.gllo.n 505.PaYOIfO!.econdmo"~.g'lloln ''';'5Q6' .... '" ~~"*'~~.~~ ~8: '" ADJUSTMENTS FOR ITEMS UNPAID BY SELLER $10,899.00 ''''.' J\OJUSTMENTS FOR ITEMS UNPAID BY SELLER: ~ln. Cityl\owr1 llIxe$ ;~11. county 1lI~'s ~12.A5Iessmenlt G?.l),!€,~l!jpE.,y'!~jf;U'~ .tA ':-*~jl~.~ 2:~ J,.~1,tA~:w,~ii~;0i'i~l.';~'~:a-~i~~' "" " 510 Clr,"-'IQw"i8XU 511. Covr.l, lay!~ " " " " ;:'~~,'.~J 511. ~3"e.~m."I1s to ~i t1:!iin. s.Qw8:ra~~.:;;:0'4f.;g.;V~PQ3' t'? q4/2~/7003 SK ~"i5 $31.55 .,.~""~,:tl~~~',,,,,-~,-f. ~.. , 21~ ." '. ;_r"?j!rit~17:-' ,.. ", ~" 220, TOTAL PAID BY/FOR 11'0,031.$5 520. TOTAL REDUCTIONS BORROWER: IN AMQUNT OUE TO SELLER: 3QO. CASH AT SETrl;EMENT.EROMfTOe.QRRgWE,R: 600, CASH AT SETTLEMENT TOIFROM SELLER 301 Gros. amount clue from borrower (line 120) $1$:1 l04.:Z:Z 1S01. Gross amounl due to s@ll!er Ill'll 420) 302. LS!~s"lIm9l/'1I..P.\tq...~YJf.9.r.!w~.r,.(!llt'-~lll""..._......", ,M.."...<<S,;!.g....9.u...u .eJ;l~. .L,!ss re.quclio-".$J!l....rnj.,dll. .~~rl~r.(I)ne S20) 3D3 CASH (~FROM) (OTO) eORROW!:R: 1:1,772.61 S03.CASH (OFROM) (g)TO) SELLER 510,930,55 S:147,3SS'.1B 5l0,f}~0.:5~ SlJ5,<2B.1f3 HUD.1 (3-86) . RESPA, HB 4305.2 PAGE 1 o~e N~ ~502.o26S IlllQ-lIR...3Ie8) C. SETTl-EME;NT CHARGES 700. TOTAL $ALESISROKER'S COMMrS~~~~O ON PIl.IC~ 1147,000 00 . 6 %. .'8,840.00 PAID FROM aORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT DlVIS.ON OF COMMISSION (LINE 700) AS FOLLOWS: 701. $4,435.00 \CI Nonrd H.m...De~.,d~.r 102. $4,:;n 00 to prudaAt.1d 'l'bQllDl,on "ood 7C1.1. $0.00 10 7()<1. $0.00 to 7C15,C........klnp.Id....lUimWII 11JEl. aoo. ITEMS PAYABLE IN CONNECTION Wlf~ LOAN: ao1.loM,~li". '..;", .', ',.':~;fib'>'.~lj:'i:.".ll'~~o,a:.;;s......l;zi'7..,::lI.~;;,ra 802, ~ d1_ '"' to ~. ".,.hinq~ol1 $iI...:incril .ilnk TO 8OJ....w-InIrHto: 'l'b'_lfilllh.tngtOD SiI...,inqil '~,rss lIll<4.C.-dIlWO'tlO' ~. "iI"h,i11 011 SiI.,.,i "..nk rss !O!,l;orilH/'__~~HlI"::Ii'h.;;Jfa.. ~.. :iI.iIIa1>k-nm BOlI.MorI;....__~IlcMlcltI"'.to2'h. ".,.h:inatol1 SiI.,.jng" .!lilnk.F'Sll 907, ........",.."" r.. !'!I. "iI'~l1t<1n. S,iI.,.,ing.. SilM rsa aoa, rIood Cilr~ to !'IfH $8,820.00 $300.00 $20,00 $7$.00 $22.50 . $20 Hid.! $20.14 $397.00 f',C,C_) $33 OSp",m""l~ ~'m""'~ po,mcntll $99.24 -$229Jpo,mc"'" $85 05 po, monlh p.rmonl~ p<ttmonlh p"morlill .$68.79 $935.66 ($224.04) 585.00 } $12000 $.1,47000 $1,470 00 $40.00 $39900 $125.00 $125 00 $9900 1307. 1400. TOTAL SETTLEMENT CHARGeS $4,445.04 $10,899.00 I ~'"a a,efully (.\'jawod tho HUO.j Solllilmant Slalilmont...cr 10 the billlofmy knowl.dg. ond belief. it i5.. ifue end oOC\jI'.II.lIlemlllt 01111 recllpte .nd disbursements m.de on i~y .CCOlMIO, by,Maln!h1e nnllcllon. ,fllrthll'certll'yth.t I h.ve l'eeiIived. ~ Of the HUO.j S emenl StatemenL ,. , ;(. O.tY:j&I-tJ.3 ;:~~;:~' David E. Weaver t tUWJ"<- Olle' 1r3c <!.(};,IJ Bo,rower. 80mll!(er: Senero, Oale:_Agenl OaID:_ Tno HUO.1 SoltlarnentSlll!emonlwhlclllhoVOlp"lIa..dt'olruaOndaccu"looccounto(thISIl'S~5aCIlon_."~. . ..-;;liirc.uOe!~'lundllobadl'bu'l8dlnocco'd.nc. w,lh lI'1.~$l'lem",L _ ::;r .' . .....-' oO""_SolllomonIAgsn\: OOle:_ John F.anstermecner WAI'~NING; 11100 crtrnolo knawlngly mIlke raloa 51l1tamenlllO 1M UrJled S\IIII. on this or.ny other Ilmll.., form.' Ponoll.. upon gonv/o;tlon can lncrude 0 noe snd imp,llen. rnentFc'delllllosae:TlUol'U.S.CodaS~1001endSactlonl0l0. ., ~'-...."..... CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby certify that I served a true and correct copy of the foregoing Answer to Plaintiff's Motion to Compel Discovery Responses, and New Matter, by first-class United States mail, to the following: Joanne Harrison Clough, Esquire Reager & Adler, PC 2331 Market Street Camp Hill PA 17011-4642 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. " sanKayC , e Counselfor Difendan PAID, #649 5021 East Trind d Suite 100 Mechanicsburg P A 17050 (717) 796-1930 Dated: July JIi 2003 ~' EXHIBIT "D" MARIAC, YORK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW STANLEY A. YORK, Defendant NO. 02-1280 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of August, 2003, upon consideration of Plaintiffs Motion To Compel Discovery Responses, and of Defendant's Answer to Plaintiffs Motion To Compel Discovery Responses, and New Matter, and it appearing that in new matter Defendant has supplied most of the information which the court would have ruled to be discoverable in response to Plaintiff's motion, it is ordered and directed that Defendant, within 20 days of the date of this order, in verified form, provide to Plaintiffs counsel the names and addresses of those relatives of Defendant who assisted Defendant financially with settlement costs, the forms and dates of such assistance, and the amounts. NO OTHER relief is granted at this time, BY THE COURT, Jo~e Harrison Clough, Esq. l!31 Market Street Camp Hill, PA 17011-4642 Attorney for Plaintiff Susan Kay Candiello, Esq. 5021 Trindle Road Mechanicsburg, PA 17055 Attorney for Defendant :rc EXHIBIT "E" LAW FIRM OF SUSAN KAy CANDIELLO, p,c. NURSE/ArrORNEY 5021 EAST TRINDLE ROAD, SUITE 100, MECHANICSBURG, PENNSYLVANIA 17050 (717) 796-1930 FAX (717) 796-1933 www.skdamilylaw.com www.skcelderlaw.com August 11, 2003 Joanne Harrison Clough, Esquire Reager & Adler, PC 2331 Market Street Camp Hill PA 17011-4642 RE: Maria C. York vs. Stanley A. York Cumberland County No. 2002-1280 Civil Term Dear Joanne: Enclosed you will find two (2) cancelled checks from Shirley Pugh. These checks paid for the closing costs on Mr. York's new residence. As you can readily see from the settlement sheet and these checks, Mr, York's statements in response to your interrogatories were 100% honest and truthfhl. We hope Ms, York is pleased to have this information. If you have not been holding back further discovery to delay our moving forward to a Master's hearing, may we do so now? Looking forward to your prompt response, Sincerely, d Enclosures cc: Stanley A. York, w/o encs, AUG 1 2 IIlCl ~ ...........-... --......-..- Page 1 of 1 -'\. SHIRLEY A. PUGH 1030 AUDUBON AD MECHANICS BURG, PA 17055 509 DATE ,1' - 9 - 0 S 6O-1B4/313 IllI \, :;:~ ~~~ .d,~. P,~bl /Tu /7'~ ~ ~~ ~__ ~_ ~ /~YJ Commerce "Bank Am.rlc:.o'~ Mosleon..nl.n,aank" .. 1-a88-YES-OOCU $.80'v_~ _ ._: DOLLARS If-::="'- l!J _.._ ~ t2_~ _ or OS<<q ~O O~OOOOO~ c.-:....-__ ~~.:-at'C>#~, ':l'" - .. t ,"~ I I ~ ;~.;fi~;~s '1 Hi!liU; I I - 0'- ." - .' I ~ ~;J~n ;~; I. 1R~'I!11 ~ I . ; "I1lit3 :t~ 1 tLi f- ~:1 ~ ~.7~ 1::.;...:. :.: -:..:-z..:. :..:_-~ ... O '~ '- J ... ....... 1ilO"'i' ~~ ':' '~- - . -.... - - .....~.,..""'. --. :t.: lk/~ ~ l...J.,O ~J ..~ '"'= :. ' c;; -! (,) t 1:9 ':or '- "J ' . . r_ .' r....,.' ~ .. ~._'"' ,~ ~ - ->..';:::. " o ..., h ,- 0 ; "'~'T1 V :I: 0 " ... ...J , r.! ~ j- , ~ ~~.O - -p ~ > ..... C ~ ,;- .~ ,.,~ - '." 0 ~ C 0.: - , -, "',\3 i ~ :Ii! "U a U;::>;.i~~~ ~CD:!::i! t ~ ~ ~r; ~:~ , ~ !,I z,i 1 Q~:~ ~ ,O<~;,! 1 ..,.,",V. ;f!/lf >... , -i' - 5!! .- G ~ OIC !. Check#:509 AmQunt:$3,OOO,OO Date Presented:03-12-2003 .../ Afs W eb.dJl? Process? _ application=e V ision& _ meUlLlu=1temPrimHuu& _ encoding=SOAP & _ d8/i iLUU::i Page 1 af 1 SHIRLEY A. PUGH 1030 AUDUBON AD' MECHANICS BURG, PA 17055 1 I I 515 DAT[,/.j.-$O -tJ,J 611-114/313 IJ8 ., ~ ~ f2~/!' """TOnlE . . " " ORDEROF' ~ -ibY1/J J..,.t...I (Z,~ , " ik ~ ,'~~ l4u. . ~U"...L~A. '~P-t"f -.Znc ~;~ ComrJMrce , , ~BaiJkAm'riu."MooI.Con__s1n... .' ~, ,.._.tt-: ~ .,:;;f~ , 0=7105 "'-' "7 I $!,?,7~_~"_h" c.------OOLtARS 61 ===-'= .. -....-.. 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Process? _ appJicatian=e Y lsian&. _'l,elhad= llt.auPrinlJ'Itm& _ encading=S0AP & _ d8/7 12U0}, EXHIBIT "F" REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP Hill. PENNSYLVANIA 17011-4642 717-763-1383 TElEFAX 717-730-7366 WEBSITE: ReagerAdlerPC,com THEODORE A, ADLER + DAVID W, REAGER CHARLES E, ZALESKI LINUS E. FENIClE DEBRA DENISON CANTOR THOMAS 0, WilLIAMS SUSAN H, CONFAIR JOANNE HARRISON CLOUGH SUSAN J, SMITH DOUGLAS p, lEHMAN + Certified Civil Trial Specialist Writer's E-Mail Address:jclough@epix.net August 21, 2003 Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, PA 17055 RE: York v. York Our File No.: 02-163 Dear Susan: I was very surprised to receive your letter of August II, 2003 wherein you provided two (2) canceled checks from Shirley Pugh in the amount of$3,000.00 and $1,772.67 respectively, claiming that your client was "100% honest and truthful" in his answers to discovery. To the contrary, he averred in court pleadings and answers to discovery that the monies he used for the purchase of this residence were loans from his relatives. It is my understanding that Shirley Pugh is his mistress with whom he has been conducting an extra-marital relationship for a number of years, Based on the fact that these monies came from his paramour's bank account, we must insist that we be provided with copies of her bank account records for this account for the past calendar year so that we can determine whether or not Mr. York provided her with the $4,772.67 that she, in turn, wrote checks for at the real estate settlement. Quite frankly, at this point, my patience is gone when it comes to Mr. York's persistent failure to provide discoverable information in this case. If you do not provide this' formation to me within the next ten (10) days, I will seek court action to compel its disclosure. ugh mC/dls cc: Maria York EXHIBIT "G" " ) SUSAN KAY CANDIELLO, P.c. NURSE/ ArrORNEY LAW FIRM OF ) 5021 EAST TRINDLE ROAD, Sum 100, MECHANICSBURG, PENNSYLVANIA 17050 (717) 796.1930 FAX (717) 796.1933 www.skcfamilylaw.com www.skcelderlaw.com August 29, 2003 The Honorable 1. Wesley OIer, Jr. Cumberland County Courthouse 1 Courthouse Square CarlislePA 17013-3387 COPY RE: Maria C. York vs. Stanley A. York No. 2002-1280 Civil Term Creating Some Boundaries in Discovery I am asking for your assistance, if possible. -_..-.-.---_..-.------~ :.] \\r ,Ll SEP 0 2 2003 Dear Judge Oler: . IJookover ascounselina very, very bitter divorce case, Since Itook over as. counsel I have attempted to provjde Joanne Harrison (;lough, Esquire, l;Oulllse;l forPliuntiff, with. every bit of information Mf. York has available to him regarding marital property. Mr. York has answered first aild second sets of Interrogatories and Request to produce Documents and additional questions from Attorney Clough. Although Attorney Clough has made many nasty accusations about Mr, York, nothing Mr. York has provided to Attorney Clough has ever been proven to be false or untrue. A good example is Mr. York stated he did not use any marital assets to purchase his new home, He did not. Now that Attorney Clough has learned Mr. York received the closing costs from his friend, Shirley Pugh, Attorney Clough is seeking Ms. Pugh's bank statements, Ms. Pugh is very upset, because she helped her friend and now her bank records are an open book for Ms, York, who has a great hatred for Ms. Pugh, It is not my understanding Ms, Pugh's income or what she does with her income is relevant to Mr. York's marital property. Attorney Clough has all the documents to know if any sums of money are going from Mr, York to Ms, Pugh, With these she has full knowledge of where all Mr. York's income goes, We don't understand the need to see Ms. Pugh's statements of her money, which is not a marital asset. I have enclosed a letter from Attorney Clough where she dearly states her intention is "to spend the next six months Dlak:ing.surewe have; collected all ofthefinancialinformation and have completed all of the necessary appraisals,., /' We have no idea what apditionalfinancial informatiOli. Attorney Clough is seeking, We have asked Attorney Clo1.1gh to tell 1.1S what she, wants, but have not received any response, '. . The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse RE: Maria C. York vs, Stanley A. York No, 2002-1280 Civil Term Creating Some Boundaries in Discovery August 28, 2003 Page 2 Attorney Clough continually accuses us of delaying, yet we only keep trying to move this divorce forward. In Attorney Clough's letter I have enclosed she clearly states she intends to take another six months. Now Attorney Clough wants to probe into a friend's bank account. The friend's bank account is not marital property. Attorney Clough has all Mr, York's financial documents, She knows exactly what his income is and how Mr, York spends his money. We have complied with all requests regarding marital property. We were unaware open discovery included the property of friends of the parties. In response to Attorney Clough's request to open the safil and appraise what property is in there, I responded indicating I would be more than willing to ,:ome to the marital residence, open the safe and get the items inside appraised. We have not yet received any response. Mr, York wants to cooperate in any way to move this divorce forward. We are asking Your Honor to identify the boundaries which are appropriate for discovery, Otherwise, based upon past actions, we have no idea where Attorney Clough's demands will go, Mr, York does not want to delay this divorce in any manner, but he does not want or believe it is appropriate to have to provide Attorney Clough and indirectly Ms, York with every bit of information concerning his present life and his friends in his present life, We are sending this request with the goal of preventing Attorney Clough's ongoing threats to come to you with a motion if we do not comply with her requests. Thank you for your time and consideration, Mr. York will follow the guidelines you provide, ~-. ~~ Susan Kay Candiello Enclosure cc: Stanley York, wlo enc, Joanne Harrison Clough, Esquire, wi enc, ) REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP Hill, PENNSYLVANIA 17011-46',2 717-763-1383 TElEFAX 717,730,7366 WEBSITE: ReagerAdlerPC,com THEODORE A. ADLER + DAVID W, REAGER CHARLES E, ZALESKI LINUS E, FENIClE DEBRA DENISON CANTOR THOMAS 0, WilLIAMS SUSAN H, CONFAIR JOANNE HARRISON CLOUGH SUSAN J, SMITH DOUGLAS p, lEHMAN + Certified Civil Tria! Specialist Writer's E.Mail Address: jclough@epix.net August 7, 2003 Susan Candiello, Esquire 5021 TrindleRoad Mechanicsburg, P A 17055 COpy RE: York v. York Our File No.: 02-163 Dear Susan: Thank you for forwarding your response to our Motion to Compel to my office, Upon reviewing the same, I note that your client appears to have only put the sum of $3,000 in cash down and financed the majority ofthe purchase of his residence. You indicate these monies were lent to him by his relatives, post- separation, Kindly forward to me copies of canceled checks, including the fronts and backs of checks, of any monies that were tendered to Mr. York for the down payment on the residence. We need to make arrangements to have your client's coin and gun collections appraised, He has claimed that these items are missing, However, it is my understanding that he has not filed a police report or insurance report regarding these missing assets, Therefore, perhaps if he looks a little harder he will be able to locate his gun and coin collection. It is my understanding that he has purchased proof sets from the Franklin Mint and other types of coin sets since the early 1960's, and has also collected regular coins as well, These items were clearly acquired during the parties' marriage prior to separation and need to be properly appraised before the parties can move forward to any type of equitable distribution next spring. As I am sure you are aware, because of your client's marital misconduct, my client will not agree to sign a Consent to Divorce at this time, Therefore, it is my intention to spend the next six months making sure we have collected all of the financial information and have completed all of the necessary appraisals so when this matter moves forward to a Divorce Master proceeding, we will be in a position to present our case, Finally, the safe in the marital residence was never kept locked during the parties' marriage. However, when my client was having surgery, your client locked the safe, As I am sure you recall, my client hired a locksmith to put a tumbler device to put on the safe, which can take several days to deteJmine the combination so the safe can be opened, However, your client and the police made my client and the ~~tID . , Susan Candiello, Esquire Page 2 August 7, 2003 locksmith remove the tumbler device. I suggest we schedule a time for you, your client, my client and myself to be present at the marital residence so the safe can be opened and the contents be inventoried in the presence of all interested, Please provide me with several dates when you and your client will be available for the safe inventory, Perhaps your client has the coins and the gun collection in the safe, In any event, it is important that we determine what, if any, marital assets are locked in the safe, Thank you for your attention to this matter. JHC/drb cc: Maria York Joanne Harrison Clou . \\NTSERVER\Users\R&A Family Law\Client Directory\York, Maria\Pleadings\Motion for Hearing on Motion to Compel Discovery Responses. wpd September 9, 2003 CERTIFICATE OF SERVICE AND NOW, this ~ day of September, 2003, I hereby verify that I have caused a true and correct copy of Movant's Motion to Compel Discovery Responses, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Stanley A. York c/o Susan Candiello, Esquire: 5021 Trindle Road Mechanicsburg, PA 17055 ~ JOANNE HARRISON CLOUG ~Il~" ' ZT, -< ~~i ~. > . n c C' c,.: ::,n ." ."::J o " c ~:r::i r,:c .r:,; - ~""1 N ::J (l, ;~. (') ~:Ir-n .,::;: "'iJ :.< PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL V ANJA MARIA C. YORK, vs. : NO. 2002-1280 CIVIL TERM STANLEY A. YORK, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE ORDER OF COURT, AND NOW, this J5i ~ay of S. ( y:d- , 21003, upon consideration of the attached Motion to Request Conference, IT IS HEREBY ORDERED !ti J ;z.. J /5. c ..:v~..... (! => r. ' A-, eel S ~ ct .. 1 . f, J I {' 125 -:/h~ I YltT7A.&P Pn.(uA./ / 31 ..) 0 CJ 3/ a r 3:00 p./t1 4~ f~~ {J'qk -~~ , J 1/7-- BY THE COURT, ~ 1. ~ qll~ J10~ '\9 >, ~ , \ilr\]\if\lAs~:r:Jjd ~-, ," ," ,..,,.,..,,,,,,' ,::.,,'J!f~J rVI z(~ : Ii' 91 d3S 20 :10 I F:\R&A Family Law\Client Directory\York, Maria\Pleadings\Motion for Hearing on Motion to Compel Discovery Responses.wpd September 11, 2003 Q MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 02-1280 STANLEY A, YORK, Defendant CIVIL ACTION.. LAW ORDER AND NOW, this~ay of September, 2003, upon review of the attached Motion, a conference/hearing is scheduled for this /3t1t-dayof y)~ ,2003 at .J:/1 C) a,~~in Courtroom No, --.1... of the Cumberland County Courthouse, BY THE COURT: /~'-?-fafl t1 rt ~f ~ ):: "- 'PLf ~ VIIN~I,/CI;\SNN,:k1 Ilf;~.~'" "'., ,-' "''''^Jf"1'' 1\,1. \i ::r I ',' ",' ".''''';-:-1 /IV ry ~'J ;,'.: :',;~j F; d3:.) ,~:':~: lc::\/.LC , PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERL,\ND COUNTY, : PENNSYLVANIA MARIA c. YORK, vs. : NO. 2002-1280 CIVIL TERM STANLEY A. YORK, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR HEARING ON MOTION TO COMPEL DISCOVERY RESPONSES. AND MOTION FOR COUNSEL FEES. COSTS. AND EXPENSES. AND NEW MATTER AND NOW, comes the Defendant, STANLEY A. YORK, by and through his counsel, Susan Kay Candiello, Esquire, ofthe Law Firm of Susan Kay Candiello, P.C., and files this Answer to the Plaintiff: Maria C, York's Motion for Hearing on. Motion to Compel Discovery Responses, and Motion for Counsel Fees, Costs, and Expenses and in support thereof asserts as follows: 1. Admitted, 2, Admitted in part and Denied in part, The Plaintiff has the Defendant's address or has simply never even requested Defendant's new address, 3, Admitted, 4, Admitted. 5, Admitted. 6, Admitted, 7, Admitted, 8, Admitted, 9. Admitted, 10, Admitted in part and denied in part, Shirley Pugh is an extremely close old friend of the Defendant, someone he considers as close as a relative, Thcl only important issue here is not whether Shirley Pugh is a friend or relative, but whether the D'lfendant utilized marital funds to purchase his home, which he did not. 11, Admitted in part and Denied in part, Plaintiff's counsel did forward such a letter to Defendant's counsel. By way of further explanation, the Plaintiff has requested and been provided with statements of all of Defendant's marital assets, There are no other assets Defendant could have given to Shirley Pugh, Plaintiff has obtained through Domestic Relations statements of Defendant's income, There are no other monies Defendant could have given to Shirley Pugh, Shirley Pugh's bank accounts are not marital property which is discoverable, 12, Admitted in part and Denied in part, It is true Dl:fendant's counsel sent a letter to the Court requesting a conference to establish boundaries for discovery to prevent continual motions by Plaintiff's counsel, an ineffective use of this Court's time, It is denied any purpose of the letter was to provide the Court with additional information or inappropriate information, In other counties it is considered commonplace for counsel to write to the Court sharing difficulties and problems and requesting the Court's assistanCl:, Plaintiff's counsel's insistence upon focusing on the insignificant issue of the difference between the words relatives and friends begs the real issue of whether marital property was used, which it was not. 13, Unknown, 14, Denied, Plaintiff's counsel has never once taken the time to have a discussion with Defendant's counsel for the purpose of sharing information and discussing issues, Plaintiff's counsel makes an unconditional demand, When the first response is made, Plaintiff's counsel rushes to file a Motion and Request Counsel Fees, 15, Denied, The Plaintiff already knows the source of the $4,772,67 are the funds of Shirley Pugh, Shirley Pugh's funds are not marital property" nor did Ms, Pugh convert her private financial affairs into discoverable marital property simply through the act of helping a friend going through difficult financial times, 16, Denied, The number of years the Plaintiff and the Defendant were married are irrelevant. Defendant has not transferred any sums of money to Shirley Pugh. This is completely conjecture by the Plaintiff out of anger and jealousy, The Plaintiff has not produced even a suggestion of any evidence to suggest this has occurred, The assets of Shirley Pugh are not discoverable marital property, 17. Denied, Defendant did not deliberately provide alny false information to the Court, As previously stated, Defendant has known Shirley Pugh longer than he has known the Plaintiff, although they had been apart during each other's marriages, Defendant considers Shirley Pugh as close as any relative, The real issue is marital assets, which Defendant has fully disclosed to the Plaintiff. NEW MATTER 18, Paragraphs 1 through 17 of this Answer are incorporated herein by reference thereto, 19, Defendant has responded in a timely and hont:st manner to requests made by Plaintiff of and concerning all marital property and assets, 20, Despite the Plaintiff's continuing allegations that Defendant has additional hidden marital assets, the Plaintiff has never provided any evidence of any nature to even suggest any additional marital assets exist nor has Plaintiff ever uncovered any additional, hidden marital assets, because there are none, 21. Plaintiff has no rationale or evidence to support compelling Shirley Pugh to disclose her personal financial information. Absent some evidence to even suggest Shirley Pugh has received marital assets from the Defendant, the mere fact old friends have renewed an old relationship is not sufficient evidence to suggest Shirley Pugh has received marital assets from the Defendant, 22, The Plaintiff planned for and caused the Defendant to leave the marital residence, leaving behind, in the possession of the Plaintiff, all of the marital records, information and statements of marital assets, including, but not limited to, bartking, investment, and retirement assets, Additionally, Defendant has answered all of the Plaintiff's interrogatories to the best of Defendant's ability, considering Plaintiff has kept all the records and statements of all of the marital assets, Plaintiff has been provided with copies of the Defendant's income tax returns and W-2's providing Plaintiff with a complete and accurate picturl~ of the Defendant's income from all sources, Plaintiff knows all of the marital assets and Defendant's sources of income, 23, Defendant believes Plaintiff has taken advantage of the ability to cloak her jealousy and anger under the umbrella of alleged marital assets to learn information about the Defendant's private life after the separation, especially the life of the Defendant's close friend, Shirley Pugh, WHEREFORE, Defendant, STANLEY A. YORK, respectfully requests that this Honorable Court issue an order preventing the Plaintiff, MARIA C. YORK, from gaining access to the private financial affairs of Shirley Pugh, as they are not marital assets subject to discovery, nor has the Plaintiff, MARIA C. YORK, produc:ed any evidence suggesting the financial records of Shirley Pugh might contain marital assets or property. Defendant further requests this Honorable Court make a finding the Plaintiff, MARIA C. YORK, should not be awarded counsel fees, costs or expenses, Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P,C, Dated: September ..2.3 2003 Susan Kay Candie ,E Counsel for Deferhdnt PA LD. # 64998 5021 East Trindle Road, Suite 100 Mechanicsburg P A 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief, This verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: 't('i--;f6- . iZ(A' ,~ L YAN HON Yf CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Finn of Susan Kay Candiello, P,C" hereby certify that I served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Motion for Hearing on Motion to Compel Discovery Responses, and Motion for Counsel Fees, Costs, and Expenses, and New Matter, by first-class United States mail, to the following: Joanne Harrison Clough, Esquire Reager & Adler, PC 2331 Market Street Camp Hill PA 17011-4642 LAW FIRM OF SUSAN KAY CANDIELLO, p,c. Dated: September 0?3 , 2003 Susan Kay Can . e 10, Counselfor De PAI.D, #64998 5021 East Trindle Road Suite 100 Mechanicsburg P A 17050 (717) 796-1930 (") c: rilS':: 'CO . fn ~::(' <<-1-' ~:li; ~C~f ~O "'-C, "'c 2- -I """ -0 ::rc ~ o c C) c..> C/) r., '"t:I N -<;-. ~ ,~ ,::r,':n ; Ilr"- -r"rq ~13C) ') ::ere, 15'", ., "'r.,' I ,_ "'"0 ::Jrn ~;;.I =n -< MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW STANLEY A. YORK, NO, 02-1220 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of November, 2003, upon consideration of Defendant's Motion To Request Conference, and following a conference held in the chambers of the undersigned judge in which Defendant was represented by Susan Kay Candiel10, Esquire, and Plaintiff was represented by Joanne Harrison Clough, Esquire, and pursuant to an agreement of counsel, it is ordered and directed as follows: within 30 days, Defenc,ant shall provide to Plaintiff in verified format the following: (a) copies of Shirley Pugh's bank account statements for her Commerce Bank account from which check 509 was issued for the April 30th, 2003, real estate settlement. She shall provide statements for said bank account for the months of January 1, 2003, through April 30th, 2003. (b) Defendant shall provide a verified answer to the following question: I VI~l'ii\lAS~(N3d I "Jr."~,-, rl', r~' '"-~;':.If"".lr""\ ,"_u\f :'-.: ,..'. ':'i'}',Hi iJ SS :11 ~ 7 "".J (''', U...., (,0~1 \..LI AL1'11\:.: Did Defendant give any monies to Shirley Pugh that were placed in her Commerce Bank account or otherwise used for the purchase of the real estate that the Defendant closed on, on April 30, 2003? In reference to plaintiff's Motion for Contempt, Motion for Counsel Fees, Costs and Expenses, Defendant shall pay counsel fees to plaintiff in the amount of $500.00, to be paid within 60 days of today's date. By J Wesley 01, i vCoanne Harrison Clough, Es ire For the Plaintiff v6usan Kay Candiello, Esquire For the Defendant wcy J~~ ~~? (9 o \\'~ ( -, MARIA c. YORK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2002-1280 CIVIL TERM STANLEY A. YORK, DEFENDANT CIVIL ACTION - LAW ACTION FOR nIVORCE INCOME AND EXPENSE STATJE:MENT OF STANLEY A. YORK Defendant, Stanley A. York, files the following Income and Expense Statement and verifies the statements made herein are true and correct, Plaintiff understands any false statements herein are made subject to the penalties of 18 Pa.C,S, ~4904 relating to unsworn falsification to authorities, INCOME: Employer: Retired Address: Type of Work: Payroll Number: Pay Period: Gross Pay Per Pay Period: Itemized Payroll Deductions: Federal Withholding: Social Security (FICA): State Income Tax: Local Income Tax: Medicare: Retirement: Savings Bonds: Credit Union: Life Insurance: Health Insurance: Tax Deferred Comp: Fair Share Fee: TOTAL: $ 0.00 OTHER INCOME (MONTHLY): Employment: Interest: Dividends: Pensions: Annuity: $ 3,826.00 Federal Withholding: 515.00 Savings Bonds: Life Insurance: Credit Union: Social Security: Medicare: Health Insurance: Rents: Royalties: Expense Account: Gifts: Unemployment Compensation: Workmen's Compensation: Support: (spouse): TOTAL MONTHLY INCOME: EXPENSES (MONTHLY): HOME: Mortgage: Rent: Utilities: Electric: Gas: Oil: Telephone: Water/Sewer/Garbage: Cell Phone: Maintenance/Repairs: RENTAL: Water/Sewer/Garbage: 66,60 105,85 650.00 $ 2,488.55 $ 962.47 93,00 74.00 15,00 77.00 42,00 137,00 EMPLOYMENT EXPENSES: Transportation: Lunches: TAXES: School: Real Estate: Harrisburg City: Personal: Income: INSURANCE: Homeowners/Rental: Automobile: Life: Accident: Health: AUTOMOBILE: Payments: Fuel: Repairs: Maintenance: Licenses/Registration: Inspection: $ 88,00 24,50 $ 58,00 59,00 45,00 40.00 10,00 3,00 6.00 MEDICAL: Doctor: Dentist: 60,00 Hospital: Medicine/Prescription Drugs: 47.00 PERSONAL: Clothing: Food: BarberIHairdresser: Laundry/Dry cleaning: Memberships: Bank Charges: Credit Card Payments: 820,00 (on balance of approximately $22,268,00) Support: (See under deductions from Income,) 30.00 300,00 25,00 25,00 5,00 MISCELLANEOUS: PapersIBooksIMagazines: Entertainment: Legal Fees: Family Holiday/Gifts Charity/Church TOTAL EXPENSES: Total Monthly Income: Total Monthly Expenses Total Monthly Shortfall Dated: May..tL. 2004 20.00 575,00 75,00 60.00 $ 3,775.97 $ 2,4lI8.55 $ 3,775.97 $ 1,U7.42 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, p,c. ....-'" ~j '" c.:~~) c:) () ,.L- -n -- ;:,: ,~'" ~, P'I_'J ,. -r...rn ~-;j (-,,) C) ~ ;.:-~ C.J r~ "r :__-,;;:,H <~ (~;i' n ~::.l -< ...." :,".J .~ -. -',-' :,< o MARIA C. YORK, PLAINTIFF IN THE COUllH OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA vs. NO. 2002-1280 CIVIL TERM STANLEY A. YORK, DEFENDANT CIVIL ACTION - LAW ACTION FOR DIVORCE INVENTORY AND APPRAISEMENT FOR STANLEY A. YOR~; Defendant, Stanley A. York, files the following InventOlY 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, Defendant, Stanely A. York verifies the statements madt: herein are true and correct. Defendant understands any false statements herein are made suc~ect to the penalties of 18 Pa,C.S, ~4904 relating to unsworn falsification to authorities, ASSETS OF 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. Real property (X) 2, Motor vehicle(s), Boat (X) 3. Stocks, Bonds, Securities and Options () 4. Certificates of deposit (X) 5, Checking accounts, cash (X) 6, Savings accounts, money market and saving certificates (X) 7, Contents of safe deposit box( s) () 8, Trusts (X) 9, Life insurance policies, (indicated face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12, Inheritance ( ) ( ) ( ) ( ) ( ) ( ) (X) ( ) ( ) (X) ( ) ( ) (X) ( ) 13, Patents, Copyrights, Inventions and Royalties 14, Personal property outside the house 15, Businesses (list all owners, including the pf:rcentage of ownership, and officer/director positions held by a party with the company) 16, Employment termination benefits (severance pay, workman's compensation claim/award) 17, Profit sharing plans 18, Pension plans (indicate employee contribution and date plan vests) 19, Retirement plans, Individual Retirement Accounts 20, Disability payments 21, Litigation claims (matured and unmatured) 22, MilitaryN.A benefits 23. Education benefits 24, Debts due, including loans, mortgages held 25, Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 26, Other: Disability Settlement LIABILITIES OF PARTIE!~ Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following page: SECURED: () 1, Mortgages () 2, Judgements (X) 3. Liens () 4, Other secured liabilities UNSECURED: (X) 1. Credit card balances (X) 2, Purchases () 3, Loan payments () 4, Notes payable () 5, Other unsecured liabilities CONTINGENT OR DEFERRED: () 1. Contracts or Agreements () 2. Promissory notes () 3, Lawsuits () 4, Options () 5, Taxes () 6, Other contingent or deferred liabilities Respectfully submiitted, LAW FIRM OF SUSAN KAY CANDIELLO, Pc. Dated: May ~ 2004 / ~Qd~~ ---SUSan Kay Candie! , Counsel for Defend'ant PAI.D, #64998 \ 5021 East Trindle Road Suite 100 Mechanicsburg P A 17050 (717) 796-1930 C) ;.,', ,..., c.~.') 5..::; ~ (:::?, -, .... '"""1-l'"l ~~r:', ~~j 1..:._) (.),(:, =-r! :.~'.:, ;I~)' ~ -< i-"J -,J ~"';.: .r:- MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 02-1280 STANLEY A. YORK, Defendant CNIL ACTION.. LAW IN DNORCE PRELIMINARY INVENTORY OF MARIA C. YORK* Plaintiff files the following preliminary inventory of all property owned or possessed by either party at the time this action was commenced and aU! property transferred within the preceding three years. Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities, ~,:j~~ ~ r ~>I\"~~'- * Plaintiff is waiting for additional discovery responses from Defendant and Defense counsel. ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages, I8J I8J D D I8J I8J D D I8J 1. Real property 2, Motor vehicles 3, Stocks, bonds, securities and options 4, Certificates of deposit 5. Checking accounts, cash 6, Savings accounts, money market and savings certificates 7, Contents of safe deposit box 8, Trusts 9, Life insurance policies (indicate face value, cash surrender value and current beneficiaries IQ, Annuities 11. Gifts 12. Inheruances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Business (list all owners, including percentage of ownership, and officerl director positions held by a party with company) 16, Employment termination benefits - severance pay, workers' compensation claim/ award I 7, Profit sharing 18, Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20, Disability payments 21. Litigation claims (matured and unmatures) 22. Military IV A benefits 23, Education benefits 24, Debts due, including loans, mortgages held 25, Household furnishings and personalty (include a total category and attach itemization list if distribution of such assets is in dispute) 26, Other I8J D D D D D D D D I8J D D ~ D I8J I8J D MARITAL PROPERTY Plaintiff lists all marital property in which either both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item No. Description of Property Names of all Owners Value 1 2060 Clarendon Street, residence Maria & Stanley York $144,000.00 5 Checking Account Maria York $3,392,14 6 Savings Account Maria York $4,511.68 9 Travelers Insurance Maria York $5,000,00 $2,500.00 surrender 19* Thrift Plan Maria York $14,009,70 19 IRA - American Express Maria York $35,741.84 D,O,S. value Edward Jones IRA Stanley York $47,558.76 D,O,S, value Hartford Leaders Edge Account Stanley York $19,535,71 as of 3/31/02 Thrift Fund Stanley York $18,058.36 D,O,S, value NCFCU Account Maria & Stanley York $6,548,03 received D,O,S, value V A Insurance Policy #V10451 Stanley York $76,588,00 1509 $47,580.03 cash value Knights of Columbus Life Stanley York Cash value to be Insurance PoliC'V #0100835695 determined. NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item No. Description of Property Reason for Exclusion 2 Carmy XLE, 1999 Gift from my mother Numerous personal property items at Gifts from 3'd parties residence PROPERTY TRANSFERRED Item No. Description of Property Date of Person to Consideration Transfer Whom Transferred N/A LIABILITIES Item No. Description of Property Names of Names of Amount of Creditors Debtors Debt 24 Mortgage on marital Maria & $100,000,00 residence Stanley York approx, Respectfully submitted, Reager & Adler, P.C. By: arrison Clo LD, 0, 36461 2331 Market Stre,et Camp Hill, PA 17011 (717)763-1383 Attorneys for Plaintiff ", c=' I':~-,-:J ~- ( C) C".:;} '. en (.,Ii () -n =-1 61~::J ,- iTl I.~) () -",:.' i'rl MARIA C, YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 02-1280 STANLEY A, YORK, Defendant CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATJEMENT OF MARIA C. YORK INCOME Employer: Retired Address: Type of Work: Pay Period (weekly, biweekly, etc,): Gross pay per period: $2J46.00/month Itemized Payroll Deductions: Federal Withholding $259,OO/month Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance $98,93 BC/BS + $66.60 Medicare monthly = $165.53 total Other (specify) Net pay per period: $ 0,00 Other Income: WEEK MONTH YEAR Interest Dividends Pension Annuity $1,721.47 Social Security Rents Royalties Expense Account Gifts Unemployment Comp, Worker's Comp, Child Support TOTAL TOTAL INCOME $1,721.47 $ 0,00 Expenses: WEEK MONTH YEAR Home Mortgage/rent Maintenance $2,500,00 Utilities Electric $108,00 Gas Oil Telephone $50,00 approx. Water $30,00 approx, Sewer $133,00 approx, Employment WEEK MONTH YEAR Public Transoortation Lunch Taxes Real Estate $2,177 .34 Personal $24.50 Property Income Insurance Homeowners $659,00 Automobile $770.06 Life Accident Health $1,986.36 Other Automobile Payments Fuel $25,00 approx. Repairs $550,00 approx, Medical Doctor (includes counseling) $240,00 fees not covered by msurance Dentist $140,00 approx, not covered by msurance Orthodontist Hospital Medicine $860,00 Special Needs (glasses, braces, orthopedic devices) Education Private School WEEK MONTH YEAR Parochial School College Religious Personal Clothing $500.00 approx, Food $2,500.00 approx, BarberIHairdresser $800,00 approx, Credit Payments Credit Card $350.00 approx. Charge Account Memberships Loans Credit Union Miscellaneous Household help Child care Papers/books/magazines $184,16 Entertainment Pay TV $42,24 Vacation Gifts $350,00 Legal fees $8,400,00 approx, Charitable contributions $520,00 Other child support Alimony payments Other TOTAL EXPENSES PROPERTY OWNED DESCRIPTION VALUE OWNERSHIP H W J Marital residence $144,000,00 X INSURANCE COMPANY POLICY NO. COVERAGE Fed BC/BS and Medicare H W C X VERIFICATION I verify that the statements made in this Income and Expense Statement are true and correct to the best of my knowledge, information and bdief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, 94904 relating to unsworn falsification to authorities, Date: rc (2jJ( 01 M~;1( {,y ~y/, " ", ;~~ () _~- j1 ;~- ~:! f'i'j;~~ '~lrf1 ~__7 (:J , ' ~;f~: e,) D -J r:~l :q en vi MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY. COUNSEL FEES AND EXPENSES AND NOW comes the Plaintiff, Maria C. York, by her attorney, Joanne Harrison Clough, and petitions this Honorable Court for alimony, counsel fees and expenses relevant to the Complaint in Divorce, and in support thereof, respectfully represents as follows: 1, By reason of this action, Plaintiff has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 2, The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 3. Plaintiff s income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable: to appropriately maintain herself during the pendency ofthis action. 4, Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses, 5, Plaintifflacks sufficient property to provide for hf:r reasonable needs. 6. Defendant has sufficient income and assets to provide continuing support for the Defendant. WHEREFORE, Plaintiff, Maria C, York, prays this Honorable Court enter an Order awarding her alimony, counsel fees, expenses and costs, Respectfully Submitted, RE GER & ADLER, PC Dated: Co J )(J ~ O~ Jo amson Clough, Esq i Atto ey I.D. No,: #36461 2331 Markt:t Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff CERTIFICATE OF SERVICE~ I hereby certifY that on the date set forth below a true and correct copy of the foregoing Petition for Alimony, Counsel Fees and Expenses was served on the following individuals via United States First Class Mail, postage prepaid as follows: Susan Candiello, Esquire 5021 Trindle Road Mechanicsburg, P A 17055 Dated: ~ / )f) - OL{ < " , . ~ !~ ~ ~ ~""-.) '2~ c--" (:_.~ -n z... ::;:~ ~:~ i;l ~ ,€ o ~ -r-J ~ ?-:r:::, b~ ~" ~ c.') o -Cl - U1 0) \\NtseNer\users\R&A Family Law\Client Directory\York, fv1aria\Ple~dings\Pre-Trjal Statement.wpd June 30, 2004 v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO, 02-1280 CIVIL ACTION - LAW IN DIVORCE MARIA C. YORK, Plaintiff STANLEY A. YORK, Defendant PRELIMINARY PRE-TRIAL STATEMENT OF MARIA YORK* 1. BACKGROUND INFORMATION: PLAINTIFF: 1. Name: Maria York 2, Address: 2060 Clarendon Street, Camp Hill, Pa 17011-3827 3, Age: 68 4, Date of Birth: January 22, 1936 5. Educational Background: Associates Degree in Human Services 6, Health: high blood pressure, bad back, kne,e problems, nerve damage in left arm 7, Occupation: Retired. 8, Employer: Retired, DEFENDANT: 1. Name: Stanley A. York 2, Address: 111 N, St. John's Drive, Camp Hill, PA 17011 3, Age: 72 4, Date of Birth: March 28,1932 5, Educational Background: Bachelors Degree of Science - Business 5, Health: by pass in 1990; numerous other ailments 6. Occupation: Retired, 7, Employer: Retired, * Plaintiff waiting for outstanding discovery requests from DefendantIHusband, \\Ntsererer\users\R&A Family Law\Client Directory\York, ,Maria\Plefldings\Pre-Trial Statement.wpd June 30, 2004 CHILDREN OF THIS MARRIAGE: 1. Patrick Andrew York Died after birth, 2, Kathleen Witten, 40, 3, Thomas York, 36, MARRIAGE INFORMATION: 1. Date of Marriage: August 13, 1960 2, Place of Marriage: Shamokin, Northumberland County, Pa 3, Date of Separation: November 2002 4, Date Action Commenced: March 15, 2002; Amended Complaint filed 12/24/02; Petition For Alimony & Counsel Fees filed 6/30/04, 5, Issues Raised: Equitable distribution, counsel fees, alimony II. INCOMI~ 1. Husband is retired, Husband failed to provide updated income information, We are waiting for his 2003 Income Tax Return. 2, Wife is retired, See attached Income & Expense Statement. See 2003 Income Tax Return. III. ASSETS: A, Real Property 1, 2060 Clarendon Street Camp Hill, PA 17011 $144,000,00 per appraisal. $100,000,00 lien (1" mortgage) 2 \\NtserJer\users\R&A Family Law\Client Directory\York, Maria\Ple'ildings\Pre-Trial Statement.wpd June 30, 2004 B. Retirement Plaintiff: 1. See Income & Expense Statement. Defendant: 1. See Income & Expense Statement of Husband, It needs to be supplemented with his 2003 Income Tax Return, C, Vehicles. 1. See attached Inventory D, Personal Property associated with the house. Parties were trying to negotiate personal property distribution. F, Life Insurance 1, See attached Inventory. III, MARITAL PROPERTY TRANSFE:RRED A. N/A 3 \\Ntserv-er\users\R&A Family Law\Client Directory\York, ,Maria\Ple~dings\Pre-Trial Statement.wpd June 30. 2004 IV, MARITAL DEBT A. Loan, Mortgage B, Credit Cards, N/A V, WITNESSES A. Expert, Realtor B. Fact: 1. Maria York 2. Stanley York, as on cross-examination, 3. Private detective 4. To be supplemented. VI. PROPOSED RESOLUTION A, A 50/50 distribution of the marital estate. Instead of alimony, WIFE is to receive a specific dollar amount via QDRO of HUSBAND's retirement (all of which is marital property) to equalize parties' monthly retirement pay, HUSBAND is to pay WIFE's counsel fees since HUSBAND commenced an affair prior to separation, which caused the divorce, 4 \\NtserJ-er\users\R&A Family Law\Client Directory\York, Maria\Ple?dings\Pre- Trial Statement.wpd June 30, 2004 Respectfully Submitted, Date: \0 v ?n -O~ By: ~ JOA E HARRISON COUGH, ESQUIRE Attorney LD, No, 3646 2331 Market Street Camp Hill, PA 17011-4 Telephone No, (717) 763-1383 Attorneys for Defendant 5 \\Ntsertter\users\R&A Family Law\Client Directory\York, ,Maria\Plefldings\Pre-Trial Statement.wpd June 30, 2004 CERTIFICATE OF SERVICE AND NOW, this '~l)~day of '\ j, ),.,,-Q / ,2004, I hereby verify that I have caused a true and correct copy of the foregoing document, Pre-Trial Statement of Maria York, to be placed in the U,S, mail, first class, postage prepaid and addressed as follows: REAGER, ADLER &, P,C, By: '\ JOAl 6 ~Opy MARIA c. YORK, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. 2002-1280 CIVIL TERM STANLEY A. YORK, DEFENDANT : CIVIL ACTION .. LAW : ACTION FOR DIVORCE INCOME AND EXPENSE STATEMENT OF STANLEY A. YORK Defendant, Stanley A. York, files the following Income and Expense Staternent and verifies the statements made herein are true and correct. Plaintiff understands any false statements herein are made subject to the penalties of 18 Pa.C.S, ~4904 relating to unsworn falsification to authorities. INCOME: Employer: Retired Address: Type of Work: Payroll Number: Pay Period: Gross Pay Per Pay Period: Itemized Payroll Deductions: Federal Withholding: Social Security (FICA): State Income Tax: Local Income Tax: Medicare: Retirement: Savings Bonds: Credit Union: Life Insurance: Health Insurance: Tax Deferred Comp: Fair Share Fee: 0 '" c:: = 0 = .~~ t~~ J:- 'TI - X::J:J '::Y:i-; ~'" ;c->&< .~,. ;.,-_:~ -< nl,- v' N -onl -, 67 r;~C-' =;:10 ~:r:f .." -..:n =c: ('.)--- ">c --~o Z - OfTl .. ,-, :::( U1 do' N ~ TOTAL: $ 0,00 OTHER INCOME (MONTHLY): Employment: Interest: Dividends: Pensions: Annuity: $ 3,826,00 Federal Withholding: 515,00 Savings Bonds: Life Insurance: Credit Union: Social Security: Medicare: Health Insurance: Rents: Royalties: Expense Account: Gifts: Unemployment Compensation: Workmen's Compensation: Support: (spouse): TOTAL MONTHLY INCOME: EXPENSES (MONTHLY): HOME: Mortgage: Rent: Utilities: Electric: Gas: Oil: Telephone: Water/Sewer/Garbage: Cell Phone: Maintenance/Repairs: RENTAL: Water/Sewer/Garbage: 66,60 105,85 650,00 $ 2,488.55 $ 962.47 93,00 74,00 15.00 77.00 4200 137,00 MISCELLANEOUS: Papers/Books/Magazines: Entertainment: Legal Fees: Family Holiday/Gifts Charity/Church 20,00 575,00 75,00 60,00 TOTAL EXPENSES: $ 3,775.97 Total Monthly Income: Total Monthly Expenses $ 2,488.55 $ 3,775.97 Total Monthly Shortfall $ 1,21~7.42 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, p,c. Dated: May 1:L. 2004 . COpy MARIA C. YORK, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2002-1280 CIVIL TERM n ,.., 0 = c = .,., -""" ~ :;:l ~, , -'~' n"':': n :;".~ rnp! ~ --< ; -nrll t'.) :.1)9 - " ~o s: i~. ., i~ ..,., ~~5 .,-~ , -''',- j;" (-' orn 2 - -l ., ;JO; ~~ en '< N STANLEY A. YORK, DEFENDANT CIVIL ACTION - LAW ACTION FOR DIVORCE INVENTORY AND APPRAISEMENT FOR STANLEY A. YORK Defendant, Stanley A. York, 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, Defendant, Stanely A. York verifies the statements made herein are true and correct, Defendant understands any false statements herein are made subject to the penalties of 18 Pa,C,S, ~4904 relating to unsworn falsification to authorities, ASSETS OF 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) (X) (X) ( ) (X) (X) (X) ( ) (X) ( ) ( ) ( ) 1, Real property 2. Motor vehicle(s), Boat 3, Stocks, Bonds, Securities and Options 4. Certificates of deposit 5. Checking accounts, cash 6, Savings accounts, money market and saving ce,rtificates 7, Contents of safe deposit boxes) 8, Trusts 9, Life insurance policies, (indicated face value, cash surrender value and current beneficiaries) 10. Annuities 11 r,;ft. 12, Inheritance ( ) ( ) ( ) ( ) ( ) ( ) (X) ( ) ( ) (X) ( ) () (X) ( ) 13. Patents, Copyrights, Inventions and Royalties 14. Personal property outside the house 15, Businesses (list all owners, including the percentage of ownership, and officer/director positions held by a party with thl~ company) 16. Employment termination benefits (severanc~: pay, workman's compensation claim/award) 17, Profit sharing plans 18, Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20, Disability payments 21. Litigation claims (matured and unmatured) 22, MilitaryNA. benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 26, Other: Disability Settlement LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following page: SECURED: () 1. Mortgages () 2. Judgements (X) 3, Liens () 4, Other secured liabilities UNSECURED: (X) 1. Credit card balances (X) 2, Purchases () 3, Loan payments () 4, Notes payable () 5, Other unsecured liabilities CONTINGENT OR DEFERRED: () 1. Contracts or Agreements () 2, Promissory notes () 3. Lawsuits () 4, Options () 5, Taxes () 6. Other contingent or deferred liabilitie:; Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.e. Dated: May 11-. 2004 ~ Q2~~~ usan Kay Candiel , Counsel for Defen, PAI.D, #64998 5021 East Trindle Road Suite 100 Mechanicsburg P A 17050 (717) 796-1930 MARIA C. YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF MARIA C. YORK INCOME Employer: Retired Address: Type of Work: Pay Period (weekly, biweekly, etc,): Gross pay per period: $2J46,OO/month Itemized Payroll Deductions: Federal Withholding $259,OO/month Social Security . Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance $98.93 BC/BS + $66,60 Medicare monthly = $165.53 total Other (specify) Net pay per period: $ 0.00 Other Income: WEEK MONTH YEAR Interest Dividends Pension Annuity $1,721.47 Social Security Rents Royalties Expense Account Gifts Unemployment Compo Worker's Comp, Child Support TOTAL TOTAL INCOME $1,721.47 $ 0,00 Expenses: WEEK MONTH YEAR Home Mortgage/rent Maintenance $2,500,00 Utilities Electric $108.00 Gas Oil Telephone $50.00 approx. Water $30.00 approx, Sewer $133,00 approx, Employment WEEK MONTH YEAR Public TransDortation Lunch Taxes Real Estate $2,177 .34 Personal $24.50 Pronertv Income Insurance Homeowners $659.00 Automobile $770.06 Life Accident Health $1,986.36 Other Automobile Payments Fuel $25,00 approx. Repairs $550,00 approx. Medical Doctor (includes counseling) $240,00 fees not covered by msurance Dentist $140.00 approx. not covered by msurance Orthodontist Hospital Medicine $860.00 Special Needs (glass~:{ braces, orthopedic devices Education Private School WEEK MONTH YEAR Parochial School College Religious Personal Clothing $500,00 approx, Food $2,500,00 approx. BarberIHairdresser $800,00 approx. Credit Payments Credit Card $350,00 approx, Charge Account Memberships Loans Credit Union Miscellaneous Household help Child care Papers/books/magazines $184.16 Entertainment Pay TV $42,24 Vacation Gifts $350,00 Legal fees $8,400,00 approx. Charitable contributions $520,00 Other child support Alimony payments Other TOTAL EXPENSES PROPERTY OWNED DESCRIPTION VALUE OWNERSHIP H W J Marital residence $144,000,00 X INSURANCE COMPANY POLICY NO. COVERAGE Fed BC/BS and Medicare H W C X VERIFICATION I verifY that the statements made in this Income and Expense Statement are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subj ect to the penalties of 18 Pa, C,S, ~ 4904 relating to unsworn falsification to authorities. Date:~ ~~( {,y~'jYf MARIA C, YORK, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 02-1280 STANLEY A. YORK, Defendant CNIL ACTION - LAW IN DNORCE PRELIMINARY INVENTORY OF MARIA C. YORK* Plaintiff files the following preliminary inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years, Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff --- understands that false statements herein are made subject to the penalties of 18 Pa.C.S, 94904 relating to unsworn falsification to authorities, ~ ~r ~>11"~~<- * Plaintiff is waiting for additional discovery responses from Defendant and Defense counsel. ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. 181 181 o o 181 181 o o 181 1. Real property 2, Motor vehicles 3, Stocks, bonds, securities and options 4. Certificates of deposit 5, Checking accounts, cash 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit box 8. Trusts 9, Life insurance policies (indicate face value, cash surrender value and current beneficiaries 10. Annuities 11, Gifts 12, Inheritances 13. Patents, copyrights, inventions, royalties 14, Personal property outside the home 15, Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits - severance pay, workers' compensation claim/award 17, Profit sharing 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20, Disability payments 21, Litigation claims (matured and unmatures) 22, Military IV A benefits 23, Education benefits 24, Debts due, including loans, mortgages held 25. Household furnishings and personalty (indude a total category and attach itemization list if distribution of such assets is in dispute) 26, Other 181 o o o o o o o o 181 o o QI o 181 181 o . , MARITAL PROPERTY Plaintiff lists all marital property in which either both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item No. Description of Property Names of:ill Owners Value 1 2060 Clarendon Street, residence Maria & Stm1ey York $144,000,00 5 Checking Account Maria York $3,392,14 6 Savings Account Maria York $4,511.68 9 Travelers Insurance Maria York $5,000,00 $2,500.00 surrender 19* Thrift Plan Maria York $14,009,70 19 IRA - American Express Maria York $35,741.84 D,O.S. value Edward Jones IRA Stanley York $47,558,76 D,Q,S. value Hartford Leaders Edge Account Stanley Yark $19,535,71 as of 3/31/02 Thrift Fund Stanley York $18,058,36 D.Q.S, value NCFCU Account Maria & Stanley York $6,548.03 received D.O,S, value V A Insurance Policy #V1045 1 Stanley York $76,588.00 1509 $47,580,03 cash value Knights of Columbus Life Stanley York Cash value to be Insurance Polirv #0100835695 determined, NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item No. Description of Property Reason for Exclusion 2 Carmy XLE, 1999 Gift from my mother . " . Numerous personal property items at Gifts from 3'd parties residence PROPERTY TRANSFERRED Item No. Description of Property Date of Pf:rson to Consideration Transfer Whom Tnlllsferred N/A LIABILITIES Item No. Description of Property Names of Names of Amount of Creditors Debtors Debt 24 Mortgage on marital Maria & $100,000,00 residence Stanley York approx, .. . , , " . Respectfully submitted, Reager & Adler, P.e. By: arrison Clo J.D. o. 36461 2331 Market Street Camp Hill, P A 17011 (717)763-1383 Attorneys for Plaintiff Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARIAC. YORK, v. : CIVIL ACTION -- LA W : NO. 02-1280 CIVIL STANLEY A. YORK, Defendant : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Kindly withdraw my appearance on behalf of Defendant, Stanley A. York, in the above- captioned matter. DATED: d~ 2JJ;o PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Elizabeth S. Beckley, Esquire, Thomas A. Beckley, Esquire, and Beckley & Madden, of Counsel, on behalf of Defendant, Stanley A. York, in the above-captioned matter. Of Counsel ~. ~~' IT , ~m2;;~E~uire DATED: /J- -;J--tI-j BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, P A 17108-1998 (717) 233-7691 CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY HAND DELIVERY: JoAnne Harrison Clough, Esquire Cumberland County Divorce Master's Office 13 North Hanover Street Carlisle, PAl 7013 DATED: /~3-d-j ~~ C. lza th S. Bec ley, I.. . (') r-..:> 0 = s; L-::;> -n ..J::"" , 0 --! '-1 J; , 1-'1 Fii :n -. ("J .~oh.., ; , :;~)? \ (...,) '~:~ (.) -','''; '-.-i :1"":111 <h~j '. -...... :~i en 9? ~ N ;~; ,,-, -< MARIA C, YORK, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTION - LAW : IN DIVORCE STANLEY A. YORK, Defendant :NO, 02-1280 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on March 15, 2002. 2, The marriage of plaintiff and defendant is irretrievably broken and ninety 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 herein are made subject to the penalties of 18 Pa.C.S, S 4904 relating to unsworn falsification to authorities, Dated: SJJ3JO') r--' C~) r:"., c;;..t"~ ,#..") t.,~ ~:-?l :7 Cii , <.....CJ (,:? C:) N MARIA C. YORK, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. :CIVIL ACTION - LAW : IN DIVORCE STANLEY A. YORK, Defendant :NO. 02 - 1280 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330I(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 concermng 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 herein are made subject to the penalties of 18 Pa.C,S, S 4904 relating to unsworn falsification to authorities. Dated: ?;/J,3Io~ "'" c=) <,.',;;:l c.n (/) ~'-: o -'!l :.? ~"ll '-.!:r c.,~ o "'-' MARIA C, YORK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO, 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 15, 2002 , 2, The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice ofIntention to Request Entry of the Decree, 4, I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verilY 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, Date: go! ~J DE 1 w 'G~ 'M~k( 7 ("'"" C' u' n C~) "n ,-", -r n'i I o C",i " o ~.!? r-<J . MARIAC, YORK, Plaintiff :1N THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL VANIA vs, :NO 02-1280 STANLEY A. YORK, Defendant :CML ACTION :1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) OF TIlE DIVORCE CODE I, 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 herein are made subject to the penalties of 18 Pa,C,S. ~ 4904 relating to unsworn falsification to authorities. DATE: ~bDfQ5 ~%~ QT~ MARIA c. YOIf' c r; ~, ,:~-:) L-:;:J ~.... (/~, r-;~ -r" ~~::: Co) o ~,~ MARIA C. YORK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 1280 CIVIL STANLEY A. YORK, Defendant IN DIVORCE ORDER OF COURT AND NOW, this rlJ~ day of ~ 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 23, 2005, 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: ~nne Harrison Clough Attorney for Plaintiff ~izabeth S. Beckley Attorney for Defendant ..J r-~rP ~'~ o \/jN~lt\:1.\~-;i'0f' ~ '~ld kl.i'ir!C(" /, ",'S/'in:J \1 S :2 ~Id 2l d:JS SOOl 'U'>i'i""j"" 1'0' '.1 -'11 "0 I\Qvl\"if'<,../i-'d. 'ecl::.lr :l 3:)!::!:iO-G311:l MARITAL SETILEMENT AGREEMENT THIS AGREEMENT, made this CA.~}:\ day ofAwJ'2,OO5, by and between Maria C. York, (hereinafter "WIFE") and Sta~~ A~ York, (hereinafter "HUSBA"JD"); W I TN E SSE T H: WHEREAS, the parties hereto were married on August 13, 1960, in Shamokin, Northumberland County, Pennsylvania, and separated in November, 2002; and WHEREAS, the parties have two adult children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby. the parties do hereby agree as follows; 1, ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explainl d to the parties by their respective counsel. WIFE is replesented by Joanne Harrison Gough, Esquire. HUSBAND is represented by Elizabeth S. Beckley. Esquire. The parties htrther declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted. expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agree~t is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. I 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall. secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County. Pennsylvania at Civil Action No. 02-1280 on March 15, 2002. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the Ilarties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree 'vhich may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have hdependent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agteement shall be defined as the date upon which it is executed by the parties if they have each executed the 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. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a 2 lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate. whether arising under th,: laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any othercou,ltry. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. , The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other p...rty a complete inventory or list of all property that either or both parties owned at the time of ~paration or currently and that each party had the right to have all such property valued by means of appr~sals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the tenns adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the othet in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 2060 Clarendon Street, Camp Hill, Pennsylvania. In consideration of WIFE tendering to HUSBAND the sum of TWENTY-THREE THOUSAND, FOUR HUNDRED N1NETY-'IWO DOLLARS AND 21/100 3 ($ 23,492.21) and other property transfers set forth in this Agreement, HUSBAND agrees to transfer to WIFE any and all right, title, claim or interest he has in the real property located at 2060 Oarendon Street, Camp Hill, Cumberland C,-,unty, Pennsylvania 17011 to WIFE. HUSBAND shall execute a deed prepared by WIFE transferring his interest in said real property to WIFE contemporaneously with the execution of this Agreement after which WIFE shall tender the above payment to HUSBAND. WIFE agrees to indemnify HUSBAND and hold him hannless on any and all real estate taxes, utilities or other expenses whatsoever associated with this real property. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate mign.t be responsible, and he shall indemnify and save WIFE hannless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND hannless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein.. 9. RETIREMENT BEN'EmS HUSBAND is the owner of a Thrift Plan with a date of separation balance of $18,295.32 he acquired during the marriage through his employment. HUSBAND also receives a monthly retirement annuity from his employment with a current monthly payout of $4,38225. WIFE is the owner of a Thrift Plan with a date of separation balance of $15.925.62 she acquired during the marriage through her employment. WIFE also is the owner of IRA accounts with American Express with a date of separation balance 4 of $ 35.741.84. WIFE also receives a monthly retirement annuity from her employment with a current monthly payout of $ 2,922.05. In consideration of the other property transfers set forth in this Agreement, HUSBAND shall retain sole and exclusive ownership of his Thrift Plan and WIFE shall retain sole and exclusive ownership of her Thrift Plan and her American Express IRA accounts and each party waives any right or claim to the others Thrift Plan or IRA accounts. The parties specifically agree that WIFE shall receive the monthly amount of Eight Hundred Sixty Three Dollars and xx/100 ($ 863.00) a month plus her percentage of all subsequent cost of living increases on the portion of the benefit WIFE receives herein after COlA's on said sum of HUSBAND's monthly annuity payment via a Qualified Domestic Relations Order (QDRO), and HUSBAND must maintain WIFE's survivor benefit status of said retirement annuity. WIFE agrees to maintain HUSBAND's survivor benefit status of her retirement annuity via a QDRO. The parties shall cooperate and sign any documents necessary to affect said QDROs. HUSBAND shall immediately increase his monthly payments to WIFE currently paid in the form of spousal support to the amount of $ 863.00 per month until such time as said QDRO is approved by the Court and implemented by the Plan Administrator. HUSBAND shall bear all the expenses associated with the cost of the preparation of the QDRO Order in WIFE'S favor against his annuity and WIFE shall bear all the expenses associated with the cost of the preparation of the QDRO Order in HUSBAND'S favor against her annuity. In the event the plan administrator fails to provide WIFE with the COLA on her portion of said retirement, HUSBAND shall tender WIFE's COLA to her monthly benefit. HUSBAND hereby waives his right, title and interest to any other portion of WIFE's pension, retirement, annuity or any and all of HUSBAND's other retirement benefits. otherwise disclosed. WIFE hereby waives her right, title and interest to any other portion of HUSBAND's pension, retirement, annuity or any and all of WIFE's other retirement benefits, otherwise disclosed. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become s the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. HUSBAND shall retain as his sole and separate property the $ 17,.109.60 deposited. in a joint account with Shirley Pugh at Commerce Bank, and in consideration of the other property transfers set forth herein, WIFE waives any further claim thereto. WIFE shall retain as her sole and separate property the joint bank account monies WIFE received. at the time of separation in the amount of $ 6,548.03, and in consideration of the other property transfers set forth herein, HUSBAND waives any further claim thereto. 11. UFE INSURANCE. HUSBAND maintains V A life insurance policy which the parties stipulate had a separation cash value of $ 45,492.96, and two Knights of Coh.mbus Life Insurance policies with date of separation cash surrender values of $ 1,941.94 and $ 2,723.40 respectively. WIFE maintains a life insurance policy through Travelers with a date of separation cash surrender value of $ 2,191.74. In consideration of the other property transfers set forth in this Agreement, HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE, and WIFE hereby waives any right, title, claim or interest she may have in any life insura,nce policies of HUSBAND. Each party shall retain/ assume ownership of his or her life insurance policies and shall have the right to chan~ any beneficiary designation on said policies. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided. all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her pOllsession. WIFE shall retain all of the personal property located in the residence at 2060 Oarendon Street, Camp Hill, Pennsylvania with the exception of the items located. in 6 the gun room in the basement except for the large safe which shall be the sole and exc1usivt" property of WIFE, and With the exception of any of HUSBAND's personal property currently stored in the attic over the garage. HUSBAND must deliver to WIFE at the time of execution of this Agreement, the instructions and combination to said safe. HUSBAND shall arrmge for, at his sole expeD8e, aacl remove all 01 his sud items from the residence with in thirty (30) days of the date of exeattiOD of this Agreement or he forever forfeits these items. HUSBAND shall not be 1 resent OD the property for the removal of his itelll8. A. Cemetety plots: WIFE shall retain the cemetery plots as her sole and separate property. HUSBAND shall execute any documents necessary to transfer his ownership interest in the cemetery plots to WIFE. B. Bonds: WIFE agrees to execute any paperwork presented and prepared by HUSBAND necessary to process a claim for missing savings bonds. 13. GUNS AND MISSING GUNS. HUSBAND shall return to WIFE as her sole and separate property her grandfather's rifle, current location unknown, and her father's BB gun Cl. ,Tently located in the safe. HUSBAND has repeatedly claimed throughout the divorce process that the other guns that had been located in the marital residence have been stolen. HUSBAND shall file a stolen property report with the police and the appropriate insurance carrier within ten (10) days of the date of execution of this Agt<<:tnE'nt and provide proof of this claim to Plaintiffs counsel WIFE has no knowledge of the location of the missing guns and/ or missing coins nor what happene 1 to this items. 14. VEHICLES. The parties agree that WIFE shall retain sole and exclusive ownership of her 1999 Toyota Camry and HUSBAND shall retain sole and exclusive ownership of his 1998 Ford Ranger Truck and each party waives any and all right, title, cl.dm or interest either may have in the vehicle of the other party. 15. INVESTMENT ACCOUNTS. The parties acknowledge that HUSBAND maintained an investment account with Edward Jones during the marriage with a date of separation balance of 7 . . $47,986.74 and a Hartford account with a separation balance of $ 19,535.71. In consideradon of the other property transfers set forth In this Agreement, HUSBAND shall retain both the Edward Jones and Hartford accounts account as his sole and separate property and WIFE waives any claim thereto. 16. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or fir mcial reorganization proceedings of any kind while any obligations remain to be perfonned by that party for the benefit of the other party pursuant to the provisions of this Agreement. the debtor spouse hereby waives, releases and relinquishes any right to daim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth ~in, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or fir mcial reorganization proceedings by either party in the future, any monies to be paid to the other party. or to a third party. pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 17. AUMONY, SUPPORT, AND AUMONY PENDENTE UTE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for alimony pendente lite, alimony, or maintenance except as set forth in this Agreement. HUSBAND shall continue to pay his current spousal support obligation to WIFE as spousal support until the parties are divorce and as alimony thereafter in the Increased amount of $ 863.00 per month from the date of execution of this Agreement until such time as the QDRO is effective and being paid to WIFE in accordance with Paragraph 9 l f this Agreement. HUSBAND and WIFE acknowledge WIFE currently receives $650.00 per month from QDRO and HUSBAND shall tender the difference of $213.00 per month to WIFE directly on or before the 5th day of each month COmmencing June of 20OS. The parties further release any rights that they may have to seek modification 8 of the tel ns of this Agreement in a court of law or equity, with the understanding that this Agreement constituteS a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 18. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 19. ATIORNEYS' FEES FOR ENFORCEMENT. Ir the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred. by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel' fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this AgIeelllent. 20. WAIVER OF R1GIITS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c,) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Ovil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distrlb.ltion, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 9 21. MUI'UAL COOPERATION. WIFE and HUSBAND sball mutually cooperate witb eacb other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 22. VOID ClAUSES. If any term. condition, clause or provision of tbis Agreement shall be detennined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agleement, and in all other respects tbis Agreement shall be valid and continue in full force, effe t and operation. 23. APPLICABLE lAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. CONTRACf INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambigui\. f herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowled the receipt of a duly executed copy hereof. ~;~...~ / M Cork 10 , . " d.~ Il.. ~ Witness COMMONWEALlH OF PENNSYLVANIA COUNTY OF c..um bu-\a0 On the I~~ day of . :Jul'( .2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, P Jrsonally appeared Maria C. York, known to me (or satisfactory pro"en) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. :55. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NWEAL TH OF PENNSYLVANIA _II SIIII . MIry M. ~, NaI8ry Public ~ HI 110Io. CUmberf8nd ~ Mta.'.'~I&pMOct.27.'Jf.J11 Member, Pennlyt"enla Association Of Notaries ~~~ Notary Pu ic My Commission Expires: 1e:.j:;J,I&:x:>, COMMONWEALlH OF_P~~JYLV ANIA COUNTY OF:DfJt1W)1V : SS. n Jlc! On the (7t-~1 day of 2005, before me, a Notary Public in and for the Co n ealth of Pennsylvania, the unden.igned officer, personally appeared Stanley K; ark, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be bis free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEALTH OF SYLVANIA NOTARIALEUlA8ETH s. BfCICLEY. I!*IY PublIc City of Her 1I1!u'lt DJi.Nii Countv My CclnmIIaii ~ 11i11117, _ Pu ommission Expires: 11 MARlA C. YORK ' Plaintiff : IN THE COURT OF COMMON PLEAS : CuMBERLAND colJNIY, pr;NNSYL V;\NlA . NO. 02-1280 vs. : CIVIL ACTION - LAW : IN DIVORCE ST ANLEY A. YORK, Defendant PRAECIPE TO 'fRANSMff RECORD UNDER ~ 3301 (c) OF TIlE DIVORCE CODE To the ProthonotarY: """""" "" """" """",,'" "" "'I..... -. w'" ""'" "" - ",. """" decree: I. """'" "" ._" """,_,.- _13301 (,j "'.. \liw<O' Cod< MARIA C. YORK , Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 02-1280 STANLEY A. YORK, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER ~ 3301 (c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under ~ 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: March 22, 2002 (b) Manner of service: Personal Service. Affidavit of Service filed April 3, 2002. 3. Date of execution of the Affidavit of Consent required by ~ 3301 (c) of the Divorce Code: (a) By the Plaintiff: August 30, 2005By the Defendant: August 23, 2005 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (a) By the Plaintiff: August 30, 2005By the Defendant: August 23, 2005 5. Related claims pending: NONE / DATED: ~~ 1;) f a:> Joanne Harrison Clough, Esq e Attorney ill No. 36461 24 N. 32nd Street CampHiII,PA 17011 (717) 737-5890 Attorney for Plaintiff - . . o <;: ...:.,- ::;;~o c.ro '--I ~ ~~ :?,y ")0 \..0 ~4~1 ::r. -r, S;o .r_-m o --. '~ ~ ", --, 1.-.,""-,-.." ~~~ =2 0 '" 0 "" c: = -., OJ> , U) ::;:J rrt Frill u r \:I' fTl 1',) :~J9 '" C.Jo -:.;:j._j-, """ i""'S::J ~ ',0 -- ~'5;-n ~c; co "-' .'.:>: <-, :0 -< ... '-< MARITAL SETILEMENT AGREEMENT ;)3[( ~ &t: THIS AGREEMENT, made this day off 005, by and between Maria C. York, (hereinafter "WIFE") and Stan! A. York, (hereinafter "HUSBAND"); W I TN E SSE T H: WHEREAS, the parties hereto were married on August 13, 1%0, in Shamokin, Northumberland County, Pennsylvania, and separated in November, 2002; and WHEREAS, the parties have two adult children of this marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of tbis Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Joanne Harrison Gough, Esquire. HUSBAND is represented by Elizabeth S. Beckley, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if cowlSel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. I 2. DIVORCE ACfION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No. 02-1280 on March 15, 2002. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and eff,ect after such time as a final decree in divorce may be entered with respect to the pell'ties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree wbich may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise. the "date of execution" or "execution date" of tbis Agreement shall be defined as 1the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations wbich either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally relelllies the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widows or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a 2 ($ 23,492.21) and other property transfers set forth in this Agreement, HUSBAND agrees to transfer to WIFE any and all right, title, claim or interest he has in the real property located at 2060 Oarendon Street, Camp Hill, Cumberland County, Pennsylvania 17011 to WIFE. HUSBAND shall execute a deed prepared by WIFE transferring his interest in said real property to WIFE contemporaneously with the execution of this Agreement after wbich WIFE shall tender the above payment to HUSBAND. WIFE agrees to indemnify HUSBAND and hold him harmless on any and all real estate taxes, utilities or other expenses whatsoever associated with this real property. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for wbich WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for wbich HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or deInands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. ~ RETIREMENTBENERTS HUSBAND is the owner of a Thrift Plan with a date of separation balance of $18,295.32 he acquired during the marriage through his employment. HUSBAND also receives a monthly retirement armuity from bis employment with a current monthly payout of $4,382.25. WIFE is the owner of a Thrift Plan with a date of separation balance of $15,925.62 she acquired during the marriage through her employment. WIFE also is the owner of IRA accounts with American Express with a date of separation balance 4 the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release bisfher right, title and interest in the other party's respective accounts. HUSBAND shall retain as his sole and separate property the $ 17,709.60 deposited in a joint account with Shirley Pugh at Commerce Bank, and in consideration of the other property transfers set forth herein, WIFE waives any further claim thereto. WIFE shall retain as her sole and separate property the joint bank account monies WIFE received at the time of separation in the amount of $ 6,548.03, and in consideration of the other property transfers set forth helrein, HUSBAND waives any further claim thereto. 11. LIFE INSURANCE. HUSBAND maintains VA life insurance policy wbich the parties stipulate had a separation cash value of $ 45,492.%, and two Knights of Columbus Life Insurance policies with date of separation cash sUlTender values of $ 1,941.94 and $ 2,723.40 respectively. WIFE maintains a life insurance policy through Travelers with a date of separation cash surrender value of $ 2,191.74. In consideration of the other property transfers set forth in tbis Agreement, HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE, and WIFE hereby waives any right, title, claim or interest she may have in any life insurance policies of HUSBAND. Each party shall retainf assume ownership of his or her life insurance policies and shall have the right to change any beneficiary designation on said policies. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be Ithe sole and separate owner of all tangible personal property in his or her possession. WIFE shall retain all of the personal property located in the residence at 2060 Oarendon Street, Camp Hill, Pennsylvania with the exception of the iteIns located in 6 the gun room in the basement except for the large safe wbich shall be the sole and exclusive property of WIFE, and with the exception of any of HUSBAND's personal property currently stored in the attic over the garage. HUSBAND must deliver to WIFE at the time of execution of this Agreement, the instructions and combination to said safe. HUSBAND shall arrange for, at his sole expense, and remove all of his said items from the residence with in thirty (30) days of the date of execution of this Agreement or he forever forfeits these items. HUSBAND shall not be present on the property for the removal of his items. A. Cemetery plots: WIFE shall retain the cemetery plots as her sole and separate property. HUSBAND shall execute any documents necessary to transfer his ownership interest in the cemetery plots to WIFE. B. Bonds: WIFE agrees to execute any paperwork presented and prepared by HUSBAND necessary to process a claim for missing savings bonds. 13. GUNS AND MISSING GUNS. HUSBAND shall return to WIFE as her sole and separate property her grandfather's rifle, current location unknown, and heir father's BB gun currently located in the safe. HUSBAND has repeatedly claimed throughout the divorce process that the other guns that had been located in the marital residence have been stolen. HUSBAND shall file a stolen property report with the police and the appropriate insurance carrier within ten (10) days of the date of execution of this Agreement and provide proof of this claim to Plaintiffs counsel. WIFE has no knowledge of the location of the missing guns and/or missing coins nor what happened to this items. 14. VEHICLES. The parties agree that WIFE shall retain sole and exclusive ownersbip of her 1999 Toyota Camry and HUSBAND shall retain sole and exclusive ownership of his 1998 Ford Ranger Truck and each party waives any and all right, title, claim or interest either may have in the vehicle of the other party. 15. INVESTMENT ACCOUNTS. The parties acknowledge that HUSBAND maintained an investment account with Edward Jones during the marriage with a date of separation balance of 7 o (; ..... if,f2 -o1Il :IJ'( S~Q "\ " '--"..""'T"'I oc"S ~rn ~;! o c: ,..., t.:::::) = "'"' U> r< -0 N. (TI' -:=:';-, t~~'-' r:~ ~. .....,.. 4~':) PC z: -- -< "" ::;J: ro " ~ -l :r:-n mF -01 ~1 :;,'i' (.~C) 3. :+; <~(") f~cn "'4 3:J -<; w - +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +.+. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF MARIA C. YORK Plaintiff VERSUS STANLEY A. YORK Defendant +. PENNA. No. 02-1280 +. +. +. +. DECREE IN DIVORCE AND NOW, S(:pt_~/,.. 2'] OECREED THAT Maria C, York AND Stanley A. York +. +. +. 1J<.,r",:;-, IT IS ORDERED AND +. +. +. PLAINTIFF, +. +. DEFEN DANT, +. +. +. ARE DIVORCED FROM THE BONDS OF MATRIMONY. +. +. +. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; +. +. +. +. The terms of the attached Marital Settlement A~re,ement executed by the +. +. +. +. ciarties on August 23rd, 2005 are incorporated by reference but not merged BY THE COURT: ~ ~? 01 Jr ~o ( ~"'~~THONOTARY +. +. +. +. J. +. +. +. +. +. +.+. +. +. '. -~' f;r9' fr" .~ rr-..-rv, ft> K P ~ r P rr"'" ~.pf) 5O'.$c,4 . >'.. j , . ~ . f,'1' . - ~ \1 .'i I /'<I.l ~ iUUb I !J3Y: -====LJ Maria C. York Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Stanlev A. York Defendant NO. 02-1280 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alten'at" Payee's right to receive a portion of the benefits payable with respect to the PartiCIpant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee pursuant to a Marital Settlement Agreement dated August 23, 2005. 4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. Stanley A. York ("Participant") is a Participant in the Plan. Maria C. York ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Stanley A. York 111 North St. John's Drive Camp Hill, PA 17{}11 Social Se;:urity No.: 297-32-4123 Date of Birth: March 28,1932 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: . , DRO Page 2 Maria C. York 2060 Clarendon Street Camp Hill, PA 17011 Social Security No.: 191-26-3466 Date of Birth: January 22,1936 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. The Participant is currently retired and receiving a monthly pension under the Plan. 8. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 9. This DRO assigns to Alternate Payee an amount equal to $899.00 of the Participant's Gross Monthly Annuity. In addition to the above, when COLA's are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 10. Payments to Alternate Payee shall commence as soon as administratively feasible following the date this DRO is approved by OPM. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 11. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's pension shall revert to the Participant. 12. Upon the death of the Participant, the Alternate Payee shall receive a survivor annuity in accordance wit.h the survivor annuity election made by the Participant upon his retirement. 13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits DRO Page 3 offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to her under this DRO. 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to t.he AlteTIlate Payee witlrin ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. If Participant takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. -, DRO Page 4 17. The Court of Co=on Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. EXECUTED this ~d~Y of ~ p.I' ( ,20~. BY THE COURT CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE DEFENDANT/PARTICIPANT jlil. ... Signature ?-7~ "1- //-0 " Date </-2)7- of. Date Signature / ATTORNEY FOR PLAINTIFF/ ALTERNATE PAYEE /~ . RECEIVEI51 lBy~PR__l :{ 2006 vi y . Maria C. York Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CMLACTION -LAW Stanlev A. York Defendant NO. 02-1280 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternat.e Payee's right to receive a portion oftne benefIts payable with respect to th~ Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee pursuant to a Marital Settlement Agreement entered into on August 23, 2005. 4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. Maria C. York ("Participant") is a Participant in the Plan. Stanley A. York ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Maria C. York 2060 Clarendon Street Camp I-iiH, PA 17011 Sacial Security No.: 191-2<': 3166 Date of Birth: January 22,1936 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: ~ DRO Page 2 Stanley A. York 111 North St. John's Drive Camp Hill, PA 17011 Social Security No.: 297-32-4123 Date of Birth: March 28,1932 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. The Participant is currently retired and receiving a monthly benefit under the Plan. Upon retirement she elected to provide a survivor annuity to Stanley A. York. 8. The sole purpose oftms DRO is to provide that, upon the death of the Participant, the Alternate Payee shall receive a survivor annuity in accordance with the survivor annuity election made by the Participant upon her retirement. . QDRO Page 3 9. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment or right of the Court to so amend will invalidate this Order. Accepted and Ordered this Jj I~ day of ~ ;,1 ,2c?a{.. BY THE COURT 1)~ Ju ge CONSENT TO ORDER: PLAINTIFFIPARTICIPANT DEFENDANT/ALTERNATE PAYEE \l "',;. "/f..J - Signature J.f-II-o ~ Date 'I () 1 tJ{; Date A'ITORNEY FOR PLAINTIFF/ PARTIC PANT A'ITORNEY FOR DEFENDANT/ ALTERNATE PAYEE 0--l! -D (,p Date