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Home My WebLink About06-4649, w LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Terry A. Mauer TERRY A. MAUER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ALAN M. MAUER, Defendant No. 2006 - YL14 ? Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may 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 of Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 TERRY A. MAUER, Plaintiff VS. ALAN M. MAUER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - LiQ4 Civil Term CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Terry A. Mauer, an adult individual whose current address is 51 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is 200-46-1599. 2. The Defendant, Alan M. Mauer, is an adult individual, whose current address is 51 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025, and whose social security number is 206-50-6200. 3. Plaintiff and Defendant were married on May 30, 1987, in Camp Hill, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are two minor children born of the marriage; namely: Annese B. Mauer, born November 10, 1992; and Kirsten E. Mauer, born February 7, 1996. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Date: g//o/aY? Respect s miffed, BY Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 2 .. VERIFICATION I verify that the statements made in this Complaint in Divorce 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: 14AUER O V S 1 QU3 <r N p ET` G V G LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Terry A. Mauer TERRY A. MAUER, Plaintiff VS. ALAN M. MAUER, Defendant IN THE COURT OF COMMON FLEA CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 4649 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Diane M. Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Complaint in Divorce Under Section 3301(c) of the Divorce Code has been served upon the Defendant, Alan M. Mauer, c/o HAAS Printing, 1000 Hummel Avenue, Lemoyne, Pennsylvania, 17043, by First Class, United States Mail, Restricted Delivery, Certified No. 7005 3110 0004 3213 4299. Attached hereto is the return receipt card executed August 17, 2006, evidencing receipt of the same.,,----) Svorn d subscribed to before me is day of 92006. Notary Public w?c? ocx t4? Dils, Esquire by Alan M. Mauer dated .?k ¦ Complete sterns i; 2, and 3. Also complete kern 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailplw% or on the front If space permits. 1. Article Addressed to: JL as X ^" "O Ag.nt Wk' s. Wfil 0 C. i i"tofl D. Is d*46iy address dllferent,fiom rmn 1? ? Yes If YES, enter delivery address below. ? No 3. Type firmed and O Ewsss and Jff'hsgistered 0 Retum Receipt for Merchw des 0 kwjw and 0 c.o.D. 4. Rsstblsd DdWW Pkft PW lrs >i» AmaletlMUrbsr 7W5 3110 0004 3213 4299 (tt..Ar??awarwwlidy Fe Fwm 3511, Fewuwy 2m Ds,sws I1Mrn Moerpe ?awrsas is Orr, .Al' TERRY A. MAUER, V. ALAN M. MAUER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4649 civil term : CIVIL ACTION -LAW Defendant : IN DIVORCE 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 Alan M. Mauer, Defendant, in the above-captioned matter. DATED: September 11, 2006 Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Elizab S. Beckley, Esquire T omas A. B ckley, s 10.10 CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was served upon the following and in the manner indicated below: VIA FIRST CLASS MAIL Diane M. Dils, Esquire Law Offices of Dils & Dils 1400 North Second Street Harrisburg, PA 17102 Dated: September 11, 2006 A-- , "J. ML J- - -j .4 Elizab S. eckley, Esquire ?? r ?? ' - 1I __i ?- Commonwealth of Pennsylvania County of Cumberland, ss: TERRY A. MAUER, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs. NO. 2006 - 4649 Civil Term ALAN M. MAUER, CIVIL ACTION - LAW Defendant DIVORCE Motion for Appointment of Master TERRY A. MAUER, ( X ) Plaintiff ( ) Defendant moves the court to appoint a master with respect to the following claims: ( X ) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite ( X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The Defendant ( X ) has ( ) has not appeared in the action ( ) personally ( X ) by his attorney, Elizabth S. Beckley, Esquire. 3. The statutory ground(s) for divorce (is) (are) Iirretrievably broken, indignities. 4. Check the applicable paragraph(s) by check mark: c N ° O ( ) The action is not contested. -TI r'5 - ( ) An agreement has been reached with respect to the following claims: r , C: rrr?t ( X) The action is contested with respect to the following claims: '7M - EQUITABLE DISTRIBUTION co 0 ? 0 5. The action ( ) involves ( X ) does not involve complex issues of law or fact. ; c : c7 cµ w ;? r'r, 6. The hearing is expected to take... (hours). %2. (days). -- LJ'i K 7. Additional information, if any, relevant to the Motion: None Date: ? k* /0 ?/ AND NOW, , 2007, to the following claims: Diane M.'Dils, Esquire Attorney for ( X) Plaintiff Attorney for ( ) Defendant Esquire, is appointed Master with respect BY THE COURT LAW OFFICE OF DILS & DILS DIANE M. DILS, ESQUIRE 1400 North Second Street First Floor Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attorney for Plaintiff, Terry A. Mauer: TERRY A. MAUER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. ALAN M. MAUER Defendant NO. 2006 - 4649 Civil Term CIVIL ACTION - LAW IN DIVORCE CLAIM FOR EQUITABLE DISTRIBUTION AND NOW this day of June, 2007 comes the Plaintiff, Terry A. Mauer, by her Attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff and Defendant are the joint owners of parcels of real estate which are subject to equitable distribution by your Honorable Court. 2. The Plaintiff hereby avers that Plaintiff and Defendant are the joint owners of numerous retirements, pensions, IRA's and other investment accounts which are subject to equitable distribution by your Honorable Court. 3. Plaintiff hereby avers that Plaintiff and Defendant are the joint owners of bank accounts, motor vehicles, household furnishings and numerous personal property all of which are subject to equitable distribution by your Honorable Court. WHEREFORE, Plaintiff, Terry A. Mauer, respectfully prays your Honorable Court to equitably distribute all marital assets. Respectfully submitted, Diane M. Dilisquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: ?1-41d ? I VERIFICATION I verify that the statements made in this claim for Equitable Distribution 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. Terry A. Mau DATE: ?jU/ CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Inventory and Appraisement has been served upon the following individual by first, class, United States mail, postage prepaid, by depositing the same at the post office in Harrisburg, Pennsylvania of the ak day of , 2007 addressed as follows: Elizabeth S. Beckley, Esquire 212 North Third Street Harrisburg, PA 17101 Respectfully submitted, B lane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 ? 'LJ (N V n C. r- rV ZZ" N CC) CA) s- Q -r7 J? • Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire Harrisburg, PA 17102 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA IN THE COURT OF COMMON PLEAS Terry A. Mauer CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO 2006 - 4649 Civil Term Alan M. Mauer CIVIL ACTION - LAW Defendant IN DIVORCE INCOME AND EXPENSE STATEMENT UNDER Pa.R.C.P. 1920.31(a)(1) This Form Must Be Completed (If you are self-employed or if you are salaried by a business of which you are the owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME AND EXPENSE STATEMENT OF TERRY A. MAUER I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4909 relating to unsworn falsification to authorities. Q Date: ne M. Dils Attorney for Terry A. Mauer INCOME: See Paystub Attached Employer: International Paper Address: 211 House Avenue City, State, ZIP Camp Hill, Pennsylvania 17011 Type of Work: Sales Payroll Number: Gross Pay per Pay Period: $7,500.00 M Page 1 of 8 Arthur K. Dils, Esquire Diane M. Dils, Esquire DILS AND DILS 1400 North Second Street Harrisburg, PA 17102 ITEMIZED PAYROLL DEDUCTIONS: (MONTHLY) NAME AMOUNT Federal Withholding $ 1,297.35 Social Security $ 438.63 Local Wage Tax $ - Occupational Tax $ - PA Withholding Tax $ 217.19 Misc. Tax $ - Retirement $ 60.00 Savings Bonds $ - Union $ - Life Insurance $ 10.00 Health Insurance $ 83.37 Medicare $ 102.58 Unemployment Tax $ 6.75 Disability Insurance $ - Other: Ideal SSP Bas. EE Pre-Tax $ 600.00 Misc. EE Fisery Dental Pre-Tax $ 35.00 Misc. EE BCBS Ntl PPO Ptx $ 307.00 Misc. CIGNA LTD/STD $ 24.99 Total Itemized Payroll Deductions $ 3,182.86 Gross Pay Per Pay Period $ - Net Income Per Pay: Monthly $ 4,317.14 OTHER INCOME: (Fill In Appropriate Column) WEEK MONTH YEAR Alimony $ - $ - $ - Interest $ - $ - $ - Dividends $ - $ - $ - Pension $ - $ - $ Annuity $ - $ - $ - Social Security $ - $ - $ - Rents $ - $ - $ - Royalties $ - $ - $ - Expense Account $ - $ - $ - Gifts $ - $ - $ - Unemployment Compensation $ - $ - $ - Workmen's Compensation $ - $ - $ - Misc. Misc. Misc. TOTAL GROSS INCOME: $ - $ 7,500.00 $ - TOTAL TAXES: $ - $ - $ - TOTAL NET INCOME: $ - $ 4,317.14 $ - Page 2 of 8 Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire Harrisburg, PA 17102 EXPENSES (Fill In Appropriate Column) WEEK HOME Mortgage/Rent Maintenance Utilities Electric Gas Oil (Average) Pool Tanks Telephone Water Sewer Trash Misc. Misc. EMPLOYMENT (Fill In Appropriate Column) Public Transportation Lunch Misc. Misc. Misc. TAXES (Fill In Appropriate Column) Real Estate Personal Property Income (Federal, State & Local) Other Township Right To Work Other Other Other INSURANCE WEEK WEEK (Fill In Appropriate Column) WEEK Homeowners (Mike & Beverly) $ - Automobile (3 Vehicles) $ - Life $ - Accident $ - Health $ - Other SI $ - $ ;315.UU $ 4.33 MONTH $ 26.66 $ 153.00 $ 10.00 $ 61.66 YEAR YEAR YEAR YEAR Page 3 of 8 MONTH $ 1,900.00 $ 115.00 $ 15.00 $ 45.00 $ 40.00 $ 78.00 MONTH MONTH Arthur K. Dils, Esquire Diane M. Dils, Esquire DILS AND DILS 1400 North Second Street Harrisburg, PA 17102 AUTOMOBILE (Fill In Appropriate Column) WEEK Payments $ - Fuel $ - Repairs (Average) $ - Other $ - Other $ - Other $ - MEDICAL (Fill In Appropriate Column) WEEK Doctor $ - Dentist $ - Orthodontist $ - Hospital (Blue Cross/Blue Shield) $ - Medicine $ - Special Needs (Glasses, Braces, $ - Orthopecic Needs) $ - Other (Medical Savings Plan) $ - Other (Disability) $ - Other $ - EDUCATION (Fill In Appropriate Column) WEEK Private School $ - Parochial School $ - College $ - Religious $ - Charter $ - Other $ - Other $ - Other $ - PERSONAL (Fill In Appropriate Column) ' WEEK Clothing $ - Food $ _ Barber/Hairdresser $ - Other: $ - Other: $ - Other: $ - Other: I $ - MONTH YEAR $ 300.00 $ - $ - $ - $ - $ - MONTH YEAR $ 60.00 $ $ 35.00 $ - $ 307.00 $ - $ 60.00 $ - $ 30.00 $ - $ 60.00 $ - $ 25.00 $ - YEAR $ 250.00 $ - MONTH YEAR $ 200.00 $ - $ 500.00 $ - $ 75.00 $ - Page 4 of 8 Arthur K. Dils, Esquire Diane M. Dils, Esquire DILS AND DILS 1400 North Second Street Harrisburg, PA 17102 CREDIT PAYMENTS (Fill In Appropriate Column) WEEK MONTH YEAR Credit Card Accounts $ - $ - $ Charge Accounts $ - $ - $ ' Memberships $ - $ 20.00 $ - Other: $ - $ - $ Other: $ $ - $ - Other: $ - $ - $ LOANS (Fill In Appropriate Column) WEEK MONTH YEAR Credit Union $ - $ - $ ' Home Equity Loan Personal $ - $ - $ ' Other $ - $ - $ - Other $ $ _ Other $ - $ - $ - MISCELLANEOUS (Fill In Appropriate Column) WEEK MONTH YEAR Household Help $ - $ - $ - Child Care $ - $ - $ - Papers/Books/Magazines (Average) $ - $ - $ - Entertainment $ - $ 200.00 $ - Pay TV $ - $ 50.00 $ - Vacation $ - $ 125.00 $ - Gifts $ - $ 85.00 $ - Legal Fees $ - $ - $ - Charitable Contributions $ - $ - $ - Other Child Support $ - $ - $ - Alimony Payments $ - $ - $ - Savings $ _ $ - $ - Other: Pets $ - $ 20.00 $ - Other Cell Phone $ - $ 100.00 $ - Other $ - $ - $ - Other (Gymnastics) $ - $ 265.00 $ - TOTAL EXPENSES: $ - $ 5,540.65 $ Page 5 of 8 • Arthur K. Dils, Esquire Diane M. Dils, Esquire DILS AND DILS 1400 North Second Street Harrisburg, PA 17102 PROPERTY OWNED: SEE INVENTORY & APPRAISEMENT NAME DESCRIPTION VALUE 'HUSBAND WIFE Checking Acct. $ - Savings Acct. $ - Credit Union $ - Stocks/Bonds $ - Real Estate $ - Other $ - Other $ - Other $ - Other $ - Total $ - i INSURANCE: NAME Hospital: Blue Cross Other Other Other Medical: Blue Shield Medicare Other Other Other POLICY COMPANY NUMBER HUSBAND WIFE POLICY COMPANY NUMBER HUSBAND WIFE X Blue Cross X OWNERSHIP JOINT COVERAGE JOINT JOINT Page 6 of 8 Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire Harrisburg, PA 17102 INSURANCE: COVERAGE POLICY NAME COMPANY NUMBER HUSBAND WIFE JOINT Health/Accident Disability Income X Dental X Prescription Other Other Other Additional Comments: Page 7of8 Arthur K. Dils, Esquire Diane M. Dils, Esquire DILS AND DILS 1400 North Second Street Harrisburg, PA 17102 SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person who (check one): (1) Operates a business or practices a profession, or _ (2) Is a member of a partnership or joint venture, or `(3) Is a shareholder in and is salaried by a closed corporation or similar entity. ( b) Attach to this Statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) The most recent Federal Income Tax Return, and (2) The most recent Profit and Loss Statement ( c } Business: Street Address: City, State & Zip Email: ( d) Nature of business (c heck one): (1 } Partnership (2) Joint Venture (3) ! Profession (4) ! Closed Corporation (5) Other ( e) Name of Accountant, Controller, or other person in charge of Financial records: ( f) Annual Income from Business: (1) How Often Is The Income Received?: (2) Gross Income Per Pay Period: (3) Net Income Per Pay Period: (4) Specified Deductions, If Any: Page 8 of 8 My Payroll Pay Stub Details print , _ back Please be sure to click the back button at the top or bottom of this page to return to the My Payroll page. Below are details of the pay stub you selected for Check Deposit Date 12/15/2006 ' ' ' NOTIFICATION OF CHECK ' ' ' Call Employee Service Center at 1-888-372-2968 if you have any ques„o LOCATION CHECK NO OCOOOOJ14 INTERNATIONAL PAPER AREA xpedx - CHECK DATE 12/15,20Co 211 HOUSE AVE CAMP HILL, HARRISBURG, PA 17011 SUB-AREA 0001 PERIOD ENDING 12/15/20Cc Terry A Mauer SSN -"-1599 TAX DATA FED STATE 1 STAT_ 2 51 Sherwood Circle Enola, PA 17025 ID MARITAL STATUS S S ~- Pars # 00186552 ALLOWANCES 00 00 ? Pay Rate 0.00 ADDL W/H 0.00 0.00 C EARNINGS RATE HRS. CURR CURR YTD BEFORE TAX DEDUCTIONS CURB r rG Commission Only 0.0000 0.00 7,500.00 90,000.00 Health Care Reimb Acct 83.37 1,600 0C TOTAL 0.001 7,500.00 90,000.00 Ideal SSP Bas. EE Pre-tax 600.00 6.240 OC TAXABLE WAGES TAX WITHHOLDING EE Fiserv Dental Pre-tax 35 CO 420 OC TAX TYPE CURR YTD CURB YTD EE BCBS NO PPO PTz 307 CO 3,84 00 FED Withholding Tax 6,474.63 76,656.00 1,297.35 15,855.93 TOTAL 1,025 27 11.344 OC FED Social Security Tax 7,074.83 84,896.00 438.63 5,263.55 AFTER TAX DEDUCTIONS CURR 1 rD FED Medicare Tax 7,074.63 84,896.00 102.58 1,230.99 Group Universal Life 10 00 1'J OC PA Withholding Tax 7,074.83 84,896.00 217.19 2,606.28 EE Retiree Mad Sav Plan 60.00 '2c, O PA Unemployment Tax 7,500.00 90,000.00 6.75 81.00 Ideal SSP Bas EE After-tx O JO C2 ) D_ TOTAL 2,062.50 25.03735 EE Sal Opt LTD xpedx O JO 87 PAY SUMMARY CURR YTD CURR NET PAY DEPOSITS CIGNA LTD/STD 25.99 212 0' GROSS 7,500.00 90,000.00 DEP/'^"8037 4,317.14 E Pennsboro Township EMST 0.00 52 Ov TAXES 2,062.50 25,037.75 0.00 TOTAL 94 99 2 2'i . BEFORE TAX 1,025.37 11,344.00 0.00 AFTER TAX 94.99 2,201.88 0.00 0.00 NET PAY 4,317.14 51,416.37 TOTAL NET 4,317.14 Note: For security reasons, this page may not display after you have navigated to another page. Click your browsers Refresh or Reload button to view this page again. Please be sure to click the back button at the top or bottom of this page to return to the My Payroll page sock, 02001 International Paper Company. All Rights Reserved. hops://hOI.ipaper.com/scripts/wgate/20_paystub66ac4l Ib/-flN0YXR1}'TIzNzMONznx0... I ; I =t i;- r-3 co ` ?{ -G ? LAW OFFICE OF DILS & DILS DIANE M. DILS, ESQUIRE 1400 North Second Street First Floor Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attorney for Plaintiff, Terry A. Mauer : TERRY A. MAUER, THE COURT OF COMMON PLEAS Plaintiff lq?l COUNTY, PENNSYLVANIA vs. NO. 2006 - 4649 Civil Term ALAN M. MAUER CIVIL ACTION - LAW Defendant IN DIVORCE INVENTORY AND APPRAISEMENT OF TERRY A. MAUER Plaintiff files the following Inventory and Appraisement of all property owned or possessed by either party at the time of this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 PA §4904 relating to unsw Isification of authorities. BY: Diane M. Diis, Esquire Attorney for Plaintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the appraisal report is attached. (X (X ( ( (X (X ( ( ( (X (X ( ( ( ( 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. (X ) 18. (X ) 19. ( ) 20. ( ) 21. Real Property Motor Vehicles Stocks, Bonds, Securities and Options Certificates of Deposit Checking Accounts, Cash Savings Accounts, Money Market and Savings Certificates Contents of Safe Deposit Boxes Trusts Life Insurance Policies, (Indicates face value, cash surrender value and current Beneficiaries) Annuities Gifts/Articles Inheritances Patents, Copyrights, Inventions, Royalties Personal property outside of the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - Severance Pay, Workman's Compensation Claim/Award Profit Sharing Plans Pension Plans (Indicate employee contribution and date plan vests) Retirement Plans, Individual Retirement Accounts Disability Payments Litigation Claims (Matured and Un-matured) 22. Military/V.A. Benefits 23. Education Benefits (X ) 24. Debts due, including loans, mortgages held (X ) 25. Household furnishings and personalty (include as a total category and attach itemized list of distribution) 26. Other Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire ATTORNEYS AT LAW Harrisburg, PA 17102 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have alegal or equitable interest individually or with any other person as of the date this action was commenced. ITEM # DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS H.W.J DATE OF ACQUISITION 12131/05 VALUE OF ASSET AMOUNT OF LIEN 1 Home-51 Sherwood Circle, Enola, PA J $ 250,000.00 2 Premier Wealth Management H $ 99,369.00 3 Haas Printing 4-1 k H $ 88,504.00 4 American Funds IRA W $ 2,699.60 5 International Paper Savings Plan W $ 1,086.60 6 Merrill Lynch W $ 185,742.00 7 Credit Union W $ 180.17 8 Home-408 W. Perry, Enola, PA J $ 88,000.00 9 Annuity Policy-Midland Nat'l Ins. H $ 24,331.00 10 Credit Union H $ 429.31 11 2002 Subaru W A reed Value $ 4,066.00 12 2001 F150 Truck H A reed Value $ 14,200.00 13 1988 Nissan 300 H Agreed Value $ 4,455.50 4 rsonal Property J Plaintiff believes parties can reach an agreement. If not, reserves the right to present list. Items made by Father/Grand mother, Granduncle and 15 Grandnana's Rocker W Unknown $ 763,063.18 $ - TOTAL MARITAL PROPERTY $ 763,063.18 Page 1 of 1 Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire ATTORNEYS AT LAW Harrisburg, PA 17102 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 # DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS H.W.J DATE OF ACQUISITION CURRENT VALUE OF ASSET AMOUNT OF LIEN BASIS FOR EXCLUSION 1 Bed, Dresser, Dining Room Table, Chairs, Lamps, Front Load Washer & Dryer H Unknown None 6 2 3 4 5 6 7 8 9 10 11 12 $ _ 6 TOTAL NON-MARITAL PROPERTY None Basis for Exclusion: 1. Pre-Marital Property 2. Gift 3. Acquired after Separation 4. Property excluded by Agreement of the Parties 5. Property disposed of in Good Faith for Value Prior to Divorce Suit i 6. Inheritance Page 1 of 1 Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire ATTORNEYS AT LAW Harrisburg, PA 17102 PROPERTY TRANSFERRED Plaintiff lists all marital property in which either or both spouses have legal or equitable interest individually or with any other person and which has been transferred within the preceding three years. ITEM # DESCRIPTION OF PROPERTY DATE OF TRANFER CONSIDERATON AMOUNT OF ANY LIEN AT DATE OF TRANSFER PERSON TO WHOM TRANSFERRED 1 ambridge Brokerage Account 005 21,248.00 one Dissolved by agreement of parties. Value divided 50/50 2 3 4 5 6 7 8 9 10 Page 1 of 1 Arthur K. Dils, Esquire DILS AND DILS 1400 North Second Street Diane M. Dils, Esquire ATTORNEYS AT LAW Harrisburg, PA 17102 LIABILITIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date acttion was commenced: ITEM # DESCRIPTION OF PROPERTY NAMES OF ALL CREDITORS NAMES OF ALL DEBTORS H,W,J AMOUNT OF LIABILITY 1 ortgage on 51 Sherwood Circle J $108,796.99 as of 12/31/05. Includes $22,000.00 for his truck. 2 3 4 5 6 7 8 9 10 11 12 13 14 Total $ 108,796.99 Page 1 of 1 c? ? o r ? -n ` cv rn co 1 = C4 Commonwealth of Pennsylvania JUN 2 9 2007 County of Cumberland, ss: TERRY A. MAUER, In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs. NO. 2006 - 4649 Civil Term ALAN M. MAUER, CIVIL ACTION - LAW Defendant : DIVORCE Motion for Appointment of Master TERRY A. MAUER, (X) Plaintiff ( ) Defendant moves the court to appoint a master with respect to the following claims: ( X ) Divorce ( X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested, 2. The Defendant ( X ) has ( ) has not appeared in the action ( ) personally ( X ) by his attorney, Elizabth S. Beckley, Esquire. 3. The statutory ground(s) for divorce (is) (are) Iirretrievably broken, indignities. 4. Check the applicable paragraph(s) by check mark: ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( X ) The action is contested with respect to the following claims: EQUITABLE DISTRIBUTION 5. The action ( ) involves ( X ) does not involve complex issues of law or fact. 6. The hearing is expected to take... (hours) . ''h. (days). 7. Additional information, if any, relevant to the Motion: None Date: Diane M.'Dils, Esquire Attorney for ( X) Plaintiff Attorney for ( ) Defendant AND NOW, (Q 2007, Esquire, is appointed Master with respect to the following claims: aPOY BY COURT rl? ' C> C=Z - -n C=l f c C ` to } N .. oll CL. ra ? ? ? JUL o s 2M ? K VICKY R. WEISER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. RAYMOND E. WEISER, Defendant : NO. 07-2310 CIVIL TERM : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER VICKI R. WEISER, Plaintiff, moves the Court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action without counsel. 3. The statutory ground for divorce is Section 3301(c) or Section 3301(d) of the Divorce Code. 4. Check the applicable paragraph(s) by check mark: ( ) The action is not contested ( ) An agreement has been reached with respect to the following claim: (X) The action is contested with respect to the following claims: Equitable distribution of property and possibly divorce 5. The action ( ) involves (X) does not involve complex issues of law or fact. 6. The hearing is expected to take 6 (hours) (days). 7. Additional information, if any, relevant to the motion: Notice of filing of Motion has been provided to Raymond Weiser Date:!" L? Attorney for Plaintiff AND NOW, C , 2007, e. ettlt ? , Esquire, is appointed ster h respect to the following claims: W i r.. 0 `? c1• ^- --?" N ?S? C.?-? C., rs.- a' ?? ? ? ? fem. ??? ? ?. O N ? G. - ? ? ? ' ? ? ? ,? ?- ?? a ,? . E -?: --t? _` ? _ ..: ' =?. r ??. f ?3 . ! ? :=.? ?_ ?? ?' ca ?? .11 TERRY A. MAUER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE ALAN M. MAUER, : Defendant :NO. 2006 - 4649 INCOME AND EXPENSE STATEMENT OF ALAN M. MAUER I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: 01 000" G 1 M Mauer INCOME AND EXPENSE STATEMENT OF ALAN M. MAUER SS# 206-50-6200 EMPLOYER & ADDRESS: Haas Printing Co. 1000 Hummel Avenue Lemoyne, PA 17043 JOB DESCRIPTION: Printer INCOME: Pay Period - Weekly Gross Pay per Pay Period 1,545.60 Itemized Payroll Deductions: Federal Withholding 159.23 FICA 95.83 Medicare 22.41 State Withholding 47.45 401(k) 231.84 Local Withholding 24.73 PA UC 1.39 Net Pay per Pay Period: $ 962.72 OTHER INCOME: Week Month Year Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. Other TOTAL MONTHLY INCOME: $6,697.60 EXPENSES: Week Month Year Mortgage/rent 1900.00 Maintenance Utilities P (Expenses) Electric Gas (pool-propane) Oil Telephone-Internet Water Sewer Employment Public Transportation Lunch Taxes Real estate Personal Property Income Other (per capita, etc) Insurance Homeowners (2) Automobile Life Accident (disability) Health Other (umbrella) Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodonist Chiropractor Hospital Medicine Special Needs (glasses, braces, etc.) Education Private school Parochial school College Religious Other Week Month Year 115.00 25.00 78.00 40.00 78.00 315.00 78.00 80.00 153.00 18.00 99.00 13.00 240.00 30.00 35.00 307.00 60.00 30.00 150.00 (Expenses) Personal Clothing Food Barber/hairdresser Credit payments credit cards charge accounts Memberships Loans Credit Union Other Miscellaneous Household help Child care Papers/books/etc. Entertainment Pay TV Vacation Gifts Legal fees Charity Other TOTAL EXPENSES: Week Month Year 150.00 500.00 30.00 100.00 50.00 100.00 85.00 *Parties have been dividing monthly expenses 50150. PROPERTY OWNED: Checking accounts Savings accounts Credit Union Stocks/Bonds Real estate Other TOTAL VALUE OF PROPERTY Description Value $4,787.0 0 Ownership *See Inventory. r INSURANCE: Hospital Company Policy # Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Vision Other Coverage * The parties and their children are currently covered under Wife's health insurance plan with Blue Cross/Blue Shield. The parties divide the cost of the same between them. SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filed out by a person (check one): (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address: Telephone Number: (d) Nature of business (check one) (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other (e) Name of accountant, controller or other person in charge of financial records:- M (1) (2) (3) (4) Annual income from business: Gross income per pay period:_ Net income per pay period:_ Specified deductions, if any:_ 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 FIRST CLASS MAIL: Diane M. Dils, Esquire Dils & Dils 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 DATED: TERRY A. MAUER, :1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW JN DIVORCE ALAN M. MAUER, Defendant :NO. 2006-4649 INVENTORY OF ALAN M. MAUER Plaintiff, Alan M. Mauer, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. DATED: ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. x 1. Real Property x 2. Motor vehicles _ 3. Stocks, bonds, securities and options 4. Certificates of deposit x 5. Checking accounts, cash x 6. Savings accounts, money market and savings certificates _ 7. Contents of safe deposit boxes _ 8. Trusts _ 9. Life insurance policies (indicate face value, cash surrender value and curre nt beneficiaries) x 10. Annuities x 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, worker's compensation claim/award _ 17. Profit sharing plans x 18. Pension plans (indicate employee contribution and date plan vests) x 19. Retirement plans, Individual Retirement Accounts - 20. Disability payments - 21. Litigation claims (matured and unmatured) - 22. MilitaryN.A. benefits 23. Education benefits x 24. Debts due, including loans, mortgages held x 25. Household furnishings and personalty (include as a total category and attached itemized list if distribution of such assets is in dispute) x 26. Other (Jewelry) ti MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Names of Approximate Item Number Description of Property all Owners Value #1 Home-51 Sherwood Circle Joint $250,000.00 Enola, PA #1 Home-408 West Perry Joint $88,000.00 Enola, PA #2 2002 Subaru Wife $4,066.00 #2 2001 F150 Truck Husband $14,200.00 #2 1988 Nissan 300 Husband $4,455.00 46 Premier Wealth Management Husband $99,369.77 (Cambridge) #6 International Paper Savings Plan Wife $6,201.59 #6 Merril Lynch Wife $187,522.49 46 Credit Union Wife $3,201.19 #6 Credit Union Husband $429.31 #10 Midland Nat's Annuity Husband $25,331.47 #11 Items made by Father/Grand- Wife unknown mother, Granduncle and Grandnana's Rocker #19 Haas Printing 401(k) Husband $88,504.02 #19 American Funds IRA Wife $2,699.60 #19 American Funds IRA Husband $2,699.60 #25 Household Furnishings Joint unknown NON-MARITAL PROPERTY Defendant lists all property in which spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Owner Reason for Exclusion #25 Bed, Dresser, Dining Room H Inheritance Table,Chairs, Lamps, Front Load Washer & Dryer PROPERTY TRANSFERRED Item Description Date of Person to Whom Value at date Value at Date # of Property Transfer Transferred of acquisition of Transfer #6 Cambridge 2005 Dissolved by agree- $21,248.00 Brokerage ment of parties. Account Value divided 50150 LIABILITIES Item Description Names of Names of Approximate Number of Property All Creditors All Debtor Amount Owed #1 Mortgage on 51 Joint $109,000.00 Sherwood Circle. 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 FIRST CLASS MAIL: Diane M. Dils, Esquire Dils & Dils 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 DATED: C s ^?? t J r. ?i 77 I 4? TERRY A. MAUER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE ALAN M. MAUER, Defendant :NO. 2006 --- 4649 PRE-TRIAL STATEMENT OF ALAN M. MAUER AND NOW comes the Plaintiff, Alan M. Mauer, who, by and through his attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files the following pre-trial statement. I. BACKGROUND Mr. and Ms. Mauer were married on May 30, 1987. While the parties still reside in the same residence they separated in December, 2005. When the parties separated, Ms. Mauer was 48 years old and Mr. Mauer was 45. Mr. Mauer is employed by HAAS Printing Co. Ms. Mauer is employed by International Paper. Mr. and Ms. Mauer are the parents of two minor children, Annese Mauer and Kirsten Mauer. Annese was born November 10, 1992 and Kirsten was born February 7, 1996. Mr. and Ms. Mauer share legal and physical custody of their minor children at this time as they all are still living in the marital residence. 1 II. STATEMENT OF MARITAL ASSETS Marital Asset Approximate Value Owner 51 Sherwood Circle $250,000.00 Joint Enola, PA 17025 408 W. Perry $88,000.00 Joint Enola, PA 17025 2002 Subaru $4,066.00 W 2001 F150 Truck $14,200.00 H 1988 Nissan 300 $4,455.00 H Premier Wealth Mgmt $99,369.77 H (Cambridge) International Paper Savings $6,201.59 W Plan Merrill Lynch account $187,522.49 W Credit Union account $3,201.19 W Credit Union account $429.31 H Midland Nat'l Annuity $25,331.47 H HAAS 401 K $88,504.02 H American Funds IRA $2,699.60 H American Funds IRA $2,699.60 W Household Furnishings unknown Joint Items made by Father/ unknown W Grandmother, Granduncle And Grandnanna's Rocker The values given for the real property are the amounts provided in recent 2 appraisals. In their settlement negotiations, the parties have been using the values as of the date of separation (12/31/2005) so those are the values we've included in the Pre-trial Statement. We have assumed that the parties will agree upon the division of the personal property and household furnishings currently in their possession and we have not included the value of any of these items in the marital estate. III. STATEMENT OF MARITAL LIABILITIES Marital Liabilities Approximate Amount Mortgage on Sherwood Circle property $109,000.00 Since the parties are still living under the same roof, they have been dividing their bills 50150 between them. A more accurate outstanding balance on the mortgage will be produced closer to trial. IV. PROPOSED RESOLUTION The following resolution is suggested: (1) The assets be divided in a percentage split according to the parties' current income. Mr. Mauer would receive a little larger percentage because Ms. Mauer makes more money. Upon information and believe, Mr. Mauer believes his wife is making 52% or more of their combined income; and 3 (2) As part of his share of the assets, Mr. Mauer would be awarded both pieces of real property. Mr. Mauer has himself put a lot of physical labor into the marital residence and the West Perry property was his prior to marriage and is currently being occupied by his mother. V. WITNESSES Mr. Mauer does not plan to employ an expert witness. He anticipates that the only fact witnesses at trial will be himself and Ms. Mauer. Mr. Mauer reserves the right, however, to call rebuttal witnesses as needed, and to supplement this list of witnesses if necessary. VI. EXHIBITS The exhibits Mr. Mauer anticipates using are the following and have already been produced to opposing counsel: A. Mortgage statement showing the current outstanding balance; B. The parties' federal, state and local income tax returns for 2005 - present; C. Mr. and Ms. Mauer's most recent pay stubs; D. Statements for the various accounts listed showing the balance on the accounts as of the date of separation; and F. Any exhibits needed to rebut claims made by Mr. Mauer. Mr. Mauer reserves the right to supplement this exhibit list, if necessary. 4 VII. INCOME AND EXPENSES Mr. Mauer is providing Ms. Mauer a copy of his Income and Expense Statement he is filing in this matter. VIII. ESTIMATED LENGTH OF HEARING If this matter proceeds to a hearing, then Mr. Mauer estimates that the hearing will take one half day. DATED: V?--9-69- Of Counsel BECKLEY & MADDEN 212 N. 3rd Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, r et ec i A ?A as eckley, Esquire Attorneys for Defendant Alan M. Mauer 5 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 FIRST CLASS MAIL: Diane M. Dils, Esquire Dils & Dils 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 DATED: Ok E?: Tt Cn y TERRY A. MAUER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 4649 CIVIL ALAN M. MAUER, Defendant IN DIVORCE TO: Diane M. Dils , Attorney for Plaintiff Elizabeth S. Beckley , Attorney for Defendant DATE: Wednesday, July 18, 2007 CERTIFICATION [ I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. /0-0DATt N L R ) COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. 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 FIRST CLASS MAIL: Diane M. Dils, Esquire Dils & Dils 1400 North Second Street (First Floor Front) Harrisburg, PA 17102 DATED: '0? ?' t-, LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Terry A. Mauer TERRY A. MAUER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06 - 4649 ALAN M. MAUER, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT FOR CUSTODY AND NOW, this ?h day of January, 2008, comes the Plaintiff, Terry A. Mauer, by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is Terry A. Mauer, an adult individual currently residing at 51 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Alan M. Mauer, is an adult individual currently residing at 51 Sherwood Circle, Enola, Cumberland County, PA 17025. The Defendant, Alan M. Mauer, is represented by Attorney Elizabeth S. Beckley, whose office is located at 212 North 3rd Street, P.O. Box 11998, Harrisburg, PA 17108 3. The Plaintiff and Defendant were married on May 30, 1987 in Camp Hill, Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant are the natural parents of two children; namely: Annese B. Mauer, born November 10, 1992 and Kirsten E. Mauer, born February 7, 1996. 5. The Plaintiff and Defendant have resolved all issues in connection with their divorce and a physical separation between them will be occurring within the next sixty (60) days. 6. The Plaintiff, Terry A. Mauer, intends to vacate the marital home and relocate'with the minor children. 7. The parties are unable to reach an agreement as to the physical custody of their children. 8. The Plaintiff, Terry A. Mauer, believes it is in the best interest of her children that they relocate with her to a new residence within the same school district. 9. The Plaintiff has not participated as a party or witness in any capacity in other litigation concerning the custody of the minor children in this or any other Court. 10. The Plaintiff has no information of the custody proceedings concerning the children pending in a Court of this Commonwealth or any other state. 11. The Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The minor children have resided in the Commonwealth of Pennsylvania, County Of Cumberland, since their birth. WHEREFORE, Plaintiff, Terry A. Mauer, respectfully prays your Honorable Court to grant her Primary Physical Custody of her children with partial custodial rights in the Defendant, Alan M. Mauer. Respectfully submitted, BY: /Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dete omf VERIFICATION I verify that the statements made in this Complaint for Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. ?J . . TERRY A. MAUER Date: January 7, 2008 Sti r t.. r -n, d ? 5 t ' CN r • TERRY A. MAUER IN THE COURT OF COMMON FLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-4649 CIVIL ACTION LA?V ALAN M. MAUER DEFENDANT ORDER OF COURT AND NOW, Wednesday, January 23, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. ilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, Februa . 28, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to r solve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, Iand to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, IN CUSTODY By: /s/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact ur office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. I YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT O CE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHO E THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I Cumberland County Bar Association i 32 South Bedford Street j Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i Hubert X. Avp ;4V f N f ry1 !I 0 1 ` dY?x "?i.e . of coos TERRY A. MAUER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-4649 CIVIL ACTION -LAW ALAN M. MAUER, : IN CUSTODY Defendant COURT ORDER AND NOW, this 1! 1$, day of-Fie-b-n-aary4,2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No. _L- of the Cumberland County Courthouse on the day of 2008, at 36 o'clock g-.m. At this hearing, the mother shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with this Court and the opposing counsel a Memorandum setting forth the history of custody in this case, the issues currently before the Court, a list of witnesses who will be called on behalf of each party and a summary of the anticipated testimony of each witness. This Memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further Order of this Court, the following TEMPORARY custody Order is entered: A. The mother, Terry A. Mauer, and the father, Alan M. Mauer, shall enjoy shared legal and shared physical custody of Annese B. Mauer born November 10, 1992, and Kirsten E. Mauer, born February 7, 1996. B. Once the parties physically separate, the parties shall share custody on an equal 50-50 arrangement. Unless the parties agree otherwise, the custody arrangement shall be a week on/week off schedule with the exchange of custody to be every Sunday evening at 5:00 p.m. C. The non-custodial parent shall have custody on their off week every Wednesday from after school until 9:00 p.m., or at some other time mutually agreed upon by the parties. C-) w N i:t t C IO U ? j ..?.? ? N C j OW ,6 3. In the event legal counsel for the parties believe a second conciliation would aid in the resolution of this case prior to the hearing scheduled above, legal counsel for either party may contact the Conciliator directly via a letter and schedule another custody conciliation conference. BY THE COURT, J. cc M. Dils, Esquire :'; izabeth Beckley, Esquire r' TERRY A. MAUER, Plaintiff V. ALAN M. MAUER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-4649 CIVIL ACTION -LAW IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Annese B.Mauer, born November 10, 1992 and Kirsten E. Mauer, born February 7, 1996. 2. A Conciliation Conference was held on February 19, 2008 with the following individuals in attendance: The mother, Terry A. Mauer, who appeared with her counsel, Diane M. Dills The father, Alan M. Mauer, with his counsel, Elizabeth Beckley. 3. The parties are currently living together but will soon be separating pursuant to a marital settlement agreement that they have reached. The father will be remaining in the marital home and mother will be relocating approximately six miles away to a home that is within the same school district. The children are 15 and 12 years of age. Father suggests there should be a 50-50 type of custody arrangement. Mother suggests that she should have primary custody indicating that she does not believe Father's work schedule and commitment to other activities facilitates a 50-50 custody situation. 4. Because the parties have not separated and because there is currently no status quo with respect to separation, the Conciliator is reluctant to recommend anything other than a 50-50 custody arrangement pending a hearing with the understanding that this recommendation is not based upon any specific finding or opinion from the Conciliator and is merely based on the fact that the parties are now separating and the Conciliator does not want to give any party an advantage going into a hearing. The Conciliator recommends an Order in the fogn as Date: February l , 2008 Hubert X./Gilroy, Esquire Custody )Conciliator TERRY A. MAUER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 4649 CIVIL ALAN M. MAUER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 10' day of 2008, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated March 5, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q 741 1 Edgar B. Bayley, P.J. cc: ?ane M. Dils Attorney for Plaintiff lizabeth S. Beckley Attorney for Defendant J r-3 cLn PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of - 2008, by and between: TERRY A. MAUER, hereinafter referred to as Wife; --AND-- ALAN M. MAUER, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 30, 1987 in Camp Hill, Per nsylvania; and WHERE' AS, there are two children born of the marriage; namely, Annese B. Mauer, born November 10, 1992 and Kirsten E. Mauer, born February 7, 1996. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of whicFi they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertaki igs hereinafter set forth and for other good and valuable consideration, she receipt of which is hereby acknowledged by each of the parties hereto, Husbard and Wife, each intending to be legally bound, hereby covenant and agree as fo?1ows: 1. SEPARATION It shall t-,e lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deen, fit. Each party shall be free from interference, authority or contact by the other, a,.<- fully as if he or she were single and unmarried, except as may be necessary to ca-ry out the provisions of this Agreement. Neither party shall olest Ini a 2 Initia the other or a.:ttempt to endeavor to molest the other, nor compel the other to cohabit with tl.e other, or in any way harass or malign the other, nor in any way interfere with tie peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the p.irties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that thys Agreement shall survive and shall not be merged into any Decree, Judgment, or (.)rder of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated b .-.T reference into any Order of divorce, Judgment, or Decree. This incorporation, ?,iowever, shall not be regarded as a merger, it being the specific intent of the Parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of Initi 3 Initi execution" or "execution date" of this Agreement shall be defined as the date of execution by tF-,e party last executing this Agreement. 3. MUTUAL RELEASES Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the ;)ther and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now ha,:. or at any time hereafter may have against such other, the estate of such other or zany part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or ;,imilar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary &, all other rights or a surviving spouse to participate in a deceased spouse's estate.; whether arising under the United States, or any other country; or any rights whi(:;h either party may now have or at any time hereafter have for the past, present, )r future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or whit.h may arise under this Agreement or for the breach of any provision thereof. Ini 'a1 ? Ze, 4 Initia It is thf intention of Husband and Wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all prc)erty of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreemew or for the breach of any provision thereof. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take places on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and Wife acknowledge and understand the terms and conditions of this Agreemenx, and Husband is represented by Elizabeth S. Beckley, Esquire, and Wife is represented by Diane M. Dils, Esquire. Each party acknowledges that he or she has rece ved or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and Wife acknowledge that they fully understand the facts as to their legal rig .its and obligations under this Agreement. Husband and Wife acknowledge a-,-id accept that this Agreement is, under the circumstances, fair and equitable and ,-hat it is being entered into freely and voluntarily, and t the Init&? 5 Initia execution of & is Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disc5sure of the other as an inducement to the execution of this Agreement. Notwith?.tanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the part]°s shall have the right to petition the Court of Common Pleas of Cumberland Ce iunty to make equitable distribution of said asset. The non -disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to Wife that since the date of the signing of this Agreemew, he has not, and in the future he will not contract or incur any debt Initi 6 Initi or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of suc-q 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 date of the signing of this Agreemen ,:, she has not, and in the future she will not contract or incur any debt or liabilit,? for which Husband or his estate might be responsible and shall indemnify and save Husband harmless 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. 8. REAL :STATE Husbane and Wife hereby acknowledge that they are the joint owners of real estate located at 51 Sherwood Circle, Enola, Pennsylvania, as tenants by the entireties. Husband and Wife hereby agree that Husband shall retain ownership of said real estate., and Husband hereby acknowledges that he shall re-finance all debt due and owing on said real estate, including but not limited to, the first mortgage, thereby removi-ag Wife's name from said debt and obligation. Wife hereby agrees that she shall execute a Deed at the time of said re-financing placing the property into Husband' name alone. Husband and Wife hereby acknowledge that as of the signing of this Agreement, they are currently continuing to reside in the residence at 51 She ood Initi? 7 Initia Circle, Enola, Pennsylvania and that they are equally sharing the expenses in connection wit'?I said real estate. Husband and Wife hereby acknowledge that Wife will vacate the' real estate on or before March 1, 2008 and at that time, Husband shall calculate and provide to Wife an accounting of the expenses which Wife owes to HusbF?nd as of February 29, 2008. Husband and Wife hereby agree that Wife's share o-7-'all expenses shall be paid to Husband and deducted from the lump sum payment a which Husband owes Wife as specifically set forth in Paragraph 11 herein. Husband' hereby agrees that he shall accomplish the re-financing of the debt on said marit,-tl residence within a sixty (60) day period from the date of the execution of this Property Settlement Agreement. The parties hereto agree that if said re-financi gig has not occurred within sixty (60) days of execution of this Property Settlement Agreement, that said real estate shall be listed for sale with a reputable Realtor and at that time, the proceeds of the real estate shall be such that Wife shall recr;ive the lump sum payment as more specifically set forth herein. The balance othe proceeds from the sale of the real estate shall be retained by Husband. Husbanr. and Wife hereby acknowledge that they are the joint owners of real estate located at 408 West Perry Street, Enola, Pennsylvania as tenants by the entireties. Husband and Wife hereby agree that said real estate shall be retained by Husband and -? he parties further acknowledge that there is no mortgage, home equity loan, lire of credit or any other debt against said real estate. Wife hereby Initi 1 8 Initi agrees to exec-iite a Deed placing the real estate into the name of Husband, at the time that the rc -financing occurs and Wife executes a Deed for the property located at 51 Sherwood Circle, Enola, Pennsylvania, as set forth above. 9. ASSETS l 0 BE RETAINED BY HUSBAND Husband wtd Wife hereby agree that Husband shall retain the following assets: a. Cambri, lge retirement $ 99,369.77 b. Haas Prating 401(k) $ 88,504.02 c. Americ,:n Funds $ 2,699.60 d. Annuity with Midland National $ 25,331.47 e. Credit I nion Account $ 429.31 f. Nissan : ' 00 Automobile $ 4,455.00 g. F150 Truck $ 149200.00 Wife hereby waives all of her right, title and interest in connection with the above named ,assets, with the exception of the specific provision set forth in Paragraph 11. 10. ASSETS TO BE RETAINED BY WIFE Husband and Wife hereby agree that Wife shall retain the following assets. a. Interna&)nal Paper Savings Plan $ 6,201.59 b.. Merrill I ynch Account $187,512.49 c. Americaa Funds Account d. Credit U'Zion Account InitiksiAe $ 2,699.60 $ 3,201.19 9 Init e. 2002 Su?)aru valued at $ 4,066.00 Husband hereby waives all of his right, title and interest in connection with the above named assets. 11. LUMP SUM PAYMENT Husband, and Wife hereby acknowledge that as a result of the distribution as set forth in Riragraphs 9 and 10 above, Wife is entitled to a payment from Husband in tLe amount of One Hundred Thirty-Eight Thousand Six Hundred Forty-Nine and 151100 Dollars ($138,649.15). Husband and Wife hereby acknowledge flat Husband shall pay the sum of Seventy-Nine Thousand Six Hundred Fort.,.!-Nine and 151100 Dollars ($79,649.15) less Wife's share of expenses as a -esult of residing in the real estate located at 51 Sherwood Circle, Enola, Pennsylvania, to Wife as a result of the refinancing of the real estate located at 51 Sherwooda Circle, Enola, Pennsylvania and that said amount of Seventy-Nine Thousand Six `hundred Forty-Nine and 151100 Dollars ($79,649.15) (less shared expenses as of February 29, 2008) shall be paid to Wife within said required sixty (60) day re-financing period as specifically set forth in Paragraph 8 above. In the event Husband is unable to re-finance said mortgage removing Wife's name, and said real estat,.:: is listed for sale, Wife shall receive the sum of Seventy-Nine Thousand Six `4undred Forty-Nine and 151100 Dollars ($79,649.15) (less shared expenses as of February 29, 2008) out of the proceeds of the sale of said real estate. Initi? 10 Initi Husbanc' and Wife hereby acknowledge that the balance owed to Wife in the amount of Fife,'; -Nine Thousand and 00/100 Dollars ($59,000.00) shall be paid to Wife via a Qu 'alified Domestic Relations Order or any other method required by Husband's Cambridge retirement account Plan Administrator, so that said transfer to Wife may be accomplished without a penalty or tax being applied against Wife. Husband hereby agrees that he shall be responsible for the cost of preparation of a Qualified Domr -stic Relations Order to accomplish the transfer of the amount owed to Wife. The parties intend that said transfer shall occur within ninety (90) days of the date of the Decree in Divorce being entered in this matter. Both parties hereto agree that they shall cooperate in the execution of any and all necessary documents to accomplish : aid transfer. 12. PERSONAL PROPERTY Except a s set forth hereto, Husband and Wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claiF'As to the property possessed by the other, except as set forth hereto: None. Husband hereby agrees to return to Wife all intimate photographs and video tapings of Wif:! in their original form and any and all copies which Husband may have secured. The return of these items shall occur within thirty (30) days of the date of the execution of this Agreement. Initial 11 Initi The par' ies hereto acknowledge that all items remaining at 51 Sherwood Circle, Enola, Pennsylvania, shall become the sole and separate property of Husband and -11 items removed from said property shall become the sole and separate property of Wife. WAIVER OF RIGHTS The par; ies hereto fully understand their rights under and pursuant to the Divorce Code. Act of 1980, No. 1980-26, as amended February 12, 1998, particularly tho provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said aw and the parties hereby waive, release and forever relinquish any further rights V° ey may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 13. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemesa a waiver of any subsequent default of the same or similar nature. 14. MUTU,4L COOPERATION Initi??9 12 Init Each panty shall, at any time and from time to time hereafter, take any and all steps and ez?ecute, acknowledge and deliver to the other party, any and all future instruments anti/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 15. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and th ,ir respective legatees, devises, heirs, executors, administrators, successors, and.. assigns in the interest of the parties. 16. BREACH If either; party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and r&iedies which the party may have, and the party breaching this Agreement sha'_l be responsible for payment of attorneys fees and all costs incurred by the other in `-nforcing his or her rights under this Agreement. 17. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealt! i of Pennsylvania. 18. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference a shall Initial s-? 13 Initia not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 19. DIVORCE The parties hereto acknowledge that their marriage is irretrievably broken. The parties fi?Tther agree to execute the necessary Affidavits of Consent and Waiver of Cou lseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated itY!?o said Decree in Divorce; however, shall not merge therewith. 20. IRREVOCABILITY It is un&,Irstood and agreed to by and between the respective parties thereto that the property division - distribution affected by the herein agreement is IRREVOCABI.,E and that such division - distribution shall not be affected by any change of circa:, instances of the respective parties OR by other statutory or judicial alternatives wr ch may be available to the respective parties under prior, current, or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as pro sided herein, the parties hereby waive any respective rights to financial suppc t and/or alimony and/or pension or future expectancies each may respectively hake under prior, current, or future laws or case decisions. 14 Initial IN WIT"JESS WHEREOF, the parties hereto have set their hands and seals the day and ye tir first above written. SEAL Witness TERRY MAUER SEAL Ins ALA M. AUER 15 Initial COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the day of /-- , 2008, before me, a Notary Public, the un6.ersigned officer, personally appeared TERRY A. MAUER, known to me or satisj_'actorily proven to be the person whose name is subscribed to the within instrum°nt, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 14OTMKL Sou M Commissic Ex ires?EM PERKM Y p ,,,,,,-Pupas CAMP HILL BOROUGH, CWvIBER1 W COWN My COmnYsslon Expires Jul 22, 2009 COMMONWI. ALTH OF PENNSYLVANIA L ? '- ?-- ,?;V' ?" ' "! ? ?- Notary Public COUNTY OF DAUPHIN On this, tl e day of 2008, before me, a Notary Public, the and -rsigned officer, personally appeared ALAN M. MAUER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, anc' acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto t my hand and official My commissio'l expires: NOTARIAL SEAL Initials ELIZABETH S. BECKLEy6NOtary Public Initia City of Harrisburg, Dauphin County My Commission Expires March 17, 2009 TERRY A. MAUER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE ALAN M. MAUER, Defendant :NO. 2006 -- 4649 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 11, 2006. 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. § 4904 relating to unsworn falsification to authorities. Dated: -3/5/a% rs C=p -- f-TI TERRY A. MAUER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW IN DIVORCE ALAN M. MAUER, Defendant :NO. 2006 -- 4649 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: 31 Sj0 g W---- M. Mauer ?W CO TERRY A. MAUER„ : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : IN DIVORCE ALAN M. MAUER, NO. 2006 - 4649 Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 11, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. S.C. §4904, relating to unsworn falsification to authorities. Date: TERRY A. AUER, Plaintiff rt_a czz, '- „? TERRY A. MAUER„ Plaintiff vs. ALAN M. MAUER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 2006 - 4649 WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: ? z/?/? ?--- TERRY A. M UER, Plaintiff C? ? r„? C ?'' -rs ?` -„' ' Ca , ? ' ` i: ;- ?s > C', ` ? t ?? ? `? =? :' ` r .?; PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this 6-21 day of ?.? 2008, by and between: TERRY A. MAUER, hereinafter referred to as Wife; --AND-- ALAN M. MAUER, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 30, 1987 in Camp Hill, Pennsylvania; and WHEREAS, there are two children born of the marriage; namely, Annese B. Mauer, born November 10, 1992 and Kirsten E. Mauer, born February 7, 1996. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship. NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to ca:ry out the provisions of this Agreement. Neither party shall olest Initial3? 2 Initi the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. Should a Decree, Judgment, or Order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such Decree, Judgment, Order or further modification or revision thereof shall after, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated b -v reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE The effective date of this Agreement shall be the "date of execution" or "execution date;", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of InitiA- 3 Initi execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the ether and estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary oi- all other rights or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, casts or expenses, whether arising as a result of the marital relation or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Initia? 4 Initi It is the intention of Husband and Wife to give to each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal, or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of th Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and Wife acknowledge and understand the terms and conditions of this Agreement, and Husband is represented by Elizabeth S. Beckley, Esquire, and Wife is represented by Diane M. Dils, Esquire. Each party acknowledges that he or she has recewed or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband- and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and Wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and :hat it is being entered into freely and voluntarily, and th t the Initial. 5 Init' execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owed 1~,y the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parti,is shall have the right to petition the Court of Common Pleas of Cumberland C()unty to make equitable distribution of said asset. The non disclosing party shall be responsible for payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said asset. 7. DEBTS AND OBLIGATIONS Husband' represents and warrants to Wife that since the date of the signing of this Agreement, he has not, and in the future he will not contract or incur a y debt Initia15=? '! 6 Initii or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of suc?1 debts or obligations incurred by him since the date of said separation, exc Ipt as otherwise set forth herein. Wife represents and warrants to Husband that since the date of the signing of this Agreemen., she has not, and in the future she will not contract or incur any debt or liabilit,y for which Husband or his estate might be responsible and shall indemnify and save Husband harmless 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. 8. REAL ESTATE Husband and Wife hereby acknowledge that they are the joint owners of real estate located 'at 51 Sherwood Circle, Enola, Pennsylvania, as tenants by the entireties. Husband and Wife hereby agree that Husband shall retain ownership of said real estate, and Husband hereby acknowledges that he shall re-finance all debt due and owing on said real estate, including but not limited to, the first mortgage, thereby removing Wife's name from said debt and obligation. Wife hereby agrees that she shall execute a Deed at the time of said re-financing placing the property into Husband's name alone. Husband and Wife hereby acknowledge that as of the signing of this Agreement, they are currently continuing to reside in the residence at 51 Sherwood Initial\"?e 7 In Circle, Enola, Pennsylvania and that they are equally sharing the expenses in connection wit" said real estate. Husband and Wife hereby acknowledge that Wife will vacate the real estate on or before March 1, 2008 and at that time, Husband shall calculate and provide to Wife an accounting of the expenses which Wife owes to Husband as of February 29, 2008. Husband and Wife hereby agree that Wife's share o all expenses shall be paid to Husband and deducted from the lump sum payment which Husband owes Wife as specifically set forth in Paragraph 11 herein. Husband hereby agrees that he shall accomplish the re-financing of the debt on said marital residence within a sixty (60) day period from the date of the execution of this Property Settlement Agreement. The parties hereto agree that if said re-financing has not occurred within sixty (60) days of execution of this Property Settlement Agreement, that said real estate shall be listed for sale with a reputable Realtor and at that time, the proceeds of the real estate shall be such that Wife shall recsive the lump sum payment as more specifically set forth herein. The balance of the proceeds from the sale of the real estate shall be retained by Husband. Husband and Wife hereby acknowledge that they are the joint owners of real estate located at 408 West Perry Street, Enola, Pennsylvania as tenants by the entireties. Husband and Wife hereby agree that said real estate shall be retained by Husband and -!.he parties further acknowledge that there is no mortgage, home equity loan, line of credit or any other debt against said real estate. Wife reby Initials 8 Ini agrees to execute a Deed placing the real estate into the name of Husband, at the time that the re-financing occurs and Wife executes a Deed for the property located at 51 Sherwood Circle, Enola, Pennsylvania, as set forth above. 9. ASSETS TO BE RETAINED BY HUSBAND Husband and Wife hereby agree that Husband shall retain the following assets: a. Cambridge retirement $ 99,369.77 b. Haas Pr,nting 401(k) $ 881504.02 c. American Funds $ 21699.60 d. Annuity, with Midland National $ 25,331.47 e. Credit Lnion Account $ 429.31 f. Nissan ;-?00 Automobile $ 45455.00 g. F 150 Truck $ 14,200.00 Wife hereby waives all of her right, title and interest in connection with the above named assets, with the exception of the specific provision set forth in Paragraph 11. 10. ASSETS TO BE RETAINED BY WIFE Husband and Wife hereby agree that Wife shall retain the following assets. a. International Paper Savings Plan $ 6,201.59 b.. Merrill Lynch Account $187,512.49 c. Americas Funds Account d. Credit U°iion Account Initials???i_ $ 2,699.60 $ 3,201.19 9 Ins y? C? e. 2002 Subaru valued at $ 4,066.00 Husband h .reby waives all of his right, title and interest in connection with the above named assets. 11. LUMP SUM PAYMENT Husbane and Wife hereby acknowledge that as a result of the distribution as set forth in Paragraphs 9 and 10 above, Wife is entitled to a payment from Husband in tre amount of One Hundred Thirty-Eight Thousand Six Hundred Forty-Nine and 151100 Dollars ($138,649.15). Husband and Wife hereby acknowledge that Husband shall pay the sum of Seventy-Nine Thousand Six Hundred Fort,, -Nine and 151100 Dollars ($79,649.15) less Wife's share of expenses as a result of residing in the real estate located at 51 Sherwood Circle, Enola, Pennsylvania, to Wife as a result of the refinancing of the real estate located at 51 Sherwood Circle, Enola, Pennsylvania and that said amount of Seventy-Nine Thousand Six :3undred Forty-Nine and 151100 Dollars ($79,649.15) (less shared expenses as of February 29, 2008) shall be paid to Wife within said required sixty (60) day re-financing period as specifically set forth in Paragraph 8 above. In the event Husband is unable to re-finance said mortgage removing Wife's name, and said real estato is listed for sale, Wife shall receive the sum of Seventy-Nine Thousand Six Aundred Forty-Nine and 151100 Dollars ($79,649.15) (less shared expenses as olw February 29, 2008) out of the proceeds of the sale of said real estate. Initia&_w 10 Initi Husband'. and Wife hereby acknowledge that the balance owed to Wife in the amount of Fifty-Nine Thousand and 00/100 Dollars ($59,000.00) shall be paid to Wife via a QuIlified Domestic Relations Order or any other method required by Husband's Cambridge retirement account Plan Administrator, so that said transfer to Wife may br accomplished without a penalty or tax being applied against Wife. Husband hereby agrees that he shall be responsible for the cost of preparation of a Qualified Doer. estic Relations Order to accomplish the transfer of the amount owed to Wife. The parties intend that said transfer shall occur within ninety (90) days of the date of the `Decree in Divorce being entered in this matter. Both parties hereto agree that they shall cooperate in the execution of any and all necessary documents to accomplish ,aid transfer. 12. PERSONAL PROPERTY Except as set forth hereto, Husband and Wife have agreed that their personal property has buen divided to the parties' mutual satisfaction and neither party will make any clams to the property possessed by the other, except as set forth hereto: None. Husband hereby agrees to return to Wife all intimate photographs and video tapings of Wife: in their original form and any and all copies which Husband may have secured. The return of these items shall occur within thirty (30) days of the date of the execution of this Agreement. Init? The par? ies hereto acknowledge that all items remaining at 51 Sherwood Circle, Enola, Pennsylvania, shall become the sole and separate property of Husband and ill items removed from said property shall become the sole and separate property of Wife. WAIVER OF RIGHTS The parries hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly thc, provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said 'yaw and the parties hereby waive, release and forever relinquish any further rights t.:iey may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 13. WAIVED OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as thds Agreement. No waiver of any breach hereof or default hereunder shall be deemeJ a waiver of any subsequent default of the same or similar nature. 14. MUTUAL COOPERATION Initials?4?1--- 12 Initi Each paYfy shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 15. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and tho;ir respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 16. BREACH If either party breaches any provision of this Agreement, the other party shall have the 4 ights, at his or her election, to sue in law or in equity to enforce any rights and rerf Iedies which the party may have, and the party breaching this Agreement sha'1 be responsible for payment of attorneys fees and all costs incurred by the other in -nforcing his or her rights under this Agreement. 17. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealtt-, of Pennsylvania. 18. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs, hereof, are inserted solely for convenience of reference and shall Initi 13 Initi not constitute : a part of this Agreement nor shall they affect its meaning, construction of : effect. 19. DIVORCE The paries hereto acknowledge that their marriage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divorce; however, shall not merge therewith. 20. IRREVOCABILITY It is and.-rstood and agreed to by and between the respective parties thereto that the property division - distribution affected by the herein agreement is IRREVOCABI:,E and that such division - distribution shall not be affected by any change of circumstances of the respective parties OR by other statutory or judicial alternatives wtdch may be available to the respective parties under prior, current, or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current, or future laws or case decisions. Initia 14 Initi IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. SEAL fitness TERRY A. AUER AL it s AN MAUER Initia 15 Initial COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this the day of 12 Cty eZ , 2008, before me, a Notary Public, the unc''ersigned officer, personally appeared TERRY A. MAUER, known to me or satis_ actorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WIT?'1ESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL My Commissie.n E ires: ANNETTE PERKINS Nofarv C AMPHt1 BOROUGH, CUMBERLAND COUNTY Notary PUbll l My Commission Expres Jul 22, 2009 COMMONW f ALTH OF PENNSYLVANIA COUNTY OF -;)AUPHIN "I On this, the C? day of Tz"t(4 2008, before me, a Notary Public, the and -rsigned officer, personally app ared ALAN M. MAUER, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, an( l acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereuntq_,sgt my hand and official seal. My commissiwi expires: NOTARIAL SEAL Initi ELIZABETH S. BECKLEY, Mary Public City of Harrisburg, Dauphin County My Commission Expires March 17, 2009 OOL--- c ? C-7.> c i CO TERRY A. MAUER, Plaintiff vs. ALAN M. MAUER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 4649 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievably broken under Section (X) 3301(c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Service upon Defendant: 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, March 5, 2008; by Defendant, March 5, 2008. (b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/A; Date of service of Plaintiff's affidavit upon Defendant: N/A. 4. Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: N/A; 5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: Simultaneously herewith and by Defendant: Simultaneously herewith. 6. Related Claims Pending: None Date: Diane . Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 Attorney for (x) Plaintiff ( ) Defendant r-? I IN THE COURT OF COMMON PLEAS TERRY A. MAUER Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. No. 2006 - 4649 VERSUS ALAN M. MAUER Defendant DECREE IN DIVORCE AND NOW, (0 Lt 2. (- , zoos , IT IS ORDERED AND DECREED THAT TERRY A. MAUER AND ALAN M. MAUER ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAI NTI FF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; MOIV/E BY THE COURT: ATTES J. PROTHONOTARY ?? ? ? ??E- TERRY A. MAUER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006 - 4649 CIVIL TERM ALAN M. MAUER CIVIL ACTION - LAW Defendant DIVORCE ORDER OF COURT AND NOW, this day of 1M D e-, , 2008, it is hereby Ordered that the Property Settlement Agreement attached hereto dated March 5, 2008 is incorporated herein and made a part hereof by reference. BY THE COURT: J. Distribution: Diane M. Dils, Esquire, 1400 North Second St., Harrisburg, PA 17102 - W1,71a Elizabeth S. Beckley, 212 N. Third Street, Harrisburg, PA 17108-1998 xur-4 A rr ! ?t ??? ?1'?Lr t ti.?1 9 4 ? 1;: ti T.tS i TERRY A. MAUER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ALAN M. MAUER, Defendant NO. 06-4649 CIVIL TERM ORDER OF COURT AND NOW, this 9t' day of May, 2008, upon agreement of counsel and of the attached letter from Diane M. Dils, Esq., Attorney for Plaintiff, the hearing previously scheduled for May 12, 2008, is rescheduled to Wednesday, July 23, 2008, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. Wesley O Jr., Diane M. Dils, Esq. 1400 North Second Street Harrisburg, PA 17102 Attorney for Plaintiff Elizabeth S. Beckley, Esq. t-i ff 212 N. Third Street Harrisburg, PA 17108-1998 Attorney for Defendant :rc 8S:01 V Z1 INBOOZ DJ-'0-0311 r TERRY A. MAUER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2006 - 4649 CIVIL TERM ALAN M. MAUER CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this day of y , 2008, this Court having been advised by Counsel for the above-named parties that an agreement has been reached, it is hereby Ordered that the Temporary Custody Order dated March 5, 2008 is hereby a Final Order as it pertains to the custody of the parties' minor children, specifically Paragraphs 2 A., B., and C. It is further Ordered that the Hearing in this matter scheduled for July 23, 2008 at 1:30 p.m. is hereby cancelled. BY THE COURT: HonorablevWesle Oler, Jr., Judge istribution: v Diane M. Dils, Esquire 1400 North Second St., Harrisburg, PA 17102 ,Elizabeth S. Beckley, 212 N. Third Street, Harrisburg, PA 17108-1998 (2 o ['VS en a I LL V 1 .o wv 91 in ow .'ai#'{.{ ZL ' -01XV/ & ATTORNEYS AT LAW 1400 NORTH SECOND STREET (FIRST FLOOR FRONT) ARTHUR K. DILS HARRISBURG, PENNSYLVANIA 17102 DIANE M. DILS July 9, 2008 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Terry A. Mauer v. Alan M. Mauer No. 2006-4649 Civil Term In Custody Dear Judge Oler: PHONE: (717) 233-8743 FAX: (717) 233-2567 I represent Terry A. Mauer; Alan M. Mauer is represented by Attorney Elizabeth S. Beckley. The parties have been able to reach an agreement whereby the Temporary Custody Order entered March 5, 2008 shall become a final Order. Enclosed is a proposed Court Order for your review and approval. A hearing is currently scheduled before you on July 23 2008 at 1:30 p.m. and it is respectfully requested that the hearing be cancelled. Attorney Beckley and I have both executed this letter to reflect the understanding of both parties. Thank you for your anticipated cooperation. Very truly yours, Diane M. Dils, Esquire Very truly yours, Elizabeth S. B Enclosure DMD/dmh