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Home My WebLink About02-2244 DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.D~ -::l:JI(Y CIVIL TERM IN DIVORCE FRANKIE CURTIS CLAYTON, Defendant NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claim set forth in the following pages, you must take prompt action, You are warned that, if you fail to do so, the Case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A jUdgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County CoUrthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTy BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYL VANIA 17013 (717) 249-3166 DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.~-:2.Jl('I CIVIL TERM IN DIVORCE FRANKIE CURTIS CLAYTON, Defendant COMPLAINT 1. The Plaintiff is Deborah Lee Clayton, who currently resides at 606 4th Street, New Cumberland, Cumberland County, Pennsylvania. 2, The Defendant is Frankie Curtis Clayton, who currently resides at 606 4th Street, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the COmmonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 10, 1983 at Anchorage, Alaska. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c): a) The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, which property is "marital property". 12, Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property" . 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property . Respectfully submitted, Date //~,t, h"'A- ~~j Austin F. Gro , E q ire 24 North 32n Sire Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D. #59020 VERIFICATION I, DEBORAH LEE CLAYTON, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, ~ 4904, relating to unsworn falsification to authorities. Date /l~ j, ~~~ fl" ve' ' , . ' , . -,,' '. ,/' "~' .." '. /' . . ,.- {/: DEBORAH LEE CLAYTON ~ ---- ~ '[~ 7v ;:;~ ...c:w ..a ~ -L.. ...... ....... ~~~ . 0 "l "7 C c o . . I ~~ 1~ @ -lQ. .... ~ ~~ o er, 9 C> L:l ~ 0 C) r-) C r~,.) '71 . - C' ::-.::'; ::;:;...... m I.TI -"< ;;.;! -:;..- ~ ;:~ l.. ~, ~ . i.'.-:J C') ,~ , -< .~ .' (;,l ~-~~ C. ~- -,::" ~~: ~~,; ~-, +'",- ('5 ~- 5> c.: f',) ej rn ~~ => ~J =< :D .j:"" -< ....- ..... .. DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0;), -;z f). 44 CIVIL TERM FRANKIE CURTIS CLAYTON, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Austin F. Grogan, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff, Deborah Lee Clayton, and that he did mail a true and correct copy of the Complaint in Divorce in the above matter, by certified mail, return receipt requested, to the Defendant, Frankie Curtis Clayton, on May 9, 2002 at his last known address: Frankie C. Clayton 606 4th Street New Cumberland, P A 17070 which satisfied the requirements of service by mail pursuant to Pa.R.C.P.403. The signed receipt acknowledging receipt on May 11, 2002 is attached hereto as Exhibit" A" . Austin F. Grogan, s 24 North 32nd Stree Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID #59020 Date .61/3/0 z.. . ." . Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. . Print your name and address on the revElfSEl so that we can return the card to you. . Attach this card to the back of the m~\. or on the front if space permits. . . ".,. 1. Artie Addressed to: - c &r ~O(P ~~ 7luJ~ 1';4- /7070 o Agent 0__ DV8S\ DNo 3. Serv~pe ~ertjfied Mall 0 Express Mail o Registered ~rn Receipt for Merchandise o Insured Mail 0 C.O.D. 4. RestrIcted Delivary? (Exf1a Fee) 8S 2. Article Number (Cbpy fri>in servica 1ab61) 7001 2510 0009 2220 2852 102595-99-M-1789 PS Fonn 3811, July 1999 Domsslic Return Receipt EXHIBIT" A" . (") c: s: ,..... -urn mrTI J~~: C", (/).- -<~ \c.:::G ( ~8 :"''':. , ) 5>c -'~-:-I "1"'-' ( ~ -. 'j,') -< . ,,', ,",.m" W""" . .. -~. . Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, P A 17011 (717) 731-9502 DEBORAH LEE CLAYTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 02-2244 CIVIL TERM FRANKIE CURTIS CLAYTON, Defendant : IN DIVORCE INVENTORY OF FRANKIE CURTIS CLAYTON Defendant, Frankie C. Clayton, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S, Section 4904 relating to unsworn falsification to authorities. ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages, If an item has been appraised, a copy of the appraisal report is attached. (x) 1, Real property (x) 2. Motor Vehicles () 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (x) 5. Checking accoWlts, cash ( ) 6, Savings accoWlts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home ( ) 15. Businesses (list all owners, including percentage of ownership and officer/director positions held by a party with company) () 16, Employment termination benefits-severance pay, workman's compensation claim/award ( ) 17, Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (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 attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY - ITEM NO.1 Frankie C, Clayton 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: Description of Property: Home located at 606 4th Street New Cumberland, PA 17070 Titled Owner: Frankie C. Clayton and Deborah L. Clayton Date of Acquisition: June 1999 Cost or value as of Date of Acquisition: $83,500.00 Value as of Date Action Commenced: $89,500.00 MARITAL PROPERTY - ITEM NO.2 Frankie C. Clayton 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: Description of Property: 2000 Saturn L Series Titled Owner: Frankie and Deborah Clayton Date of Acquisition: March 2000 Periodic payment and AmoWlt: $118.03 (3 year lease) MARITAL PROPERTY - ITEM NO.2 Frankie C, Clayton 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: Description of Property: 1983 Pontiac Titled Owner: Frankie Clayton Date of Acquisition: , MARITAL PROPERTY - ITEM NO.5 Frankie C. Clayton 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: Description of Property: Checking Account Bank: First Union National Bank Account Number: 1010057830759 Name of Owner: Frankie Clayton MARITAL PROPERTY - ITEM NO. 19a Frankie C. Clayton 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: Description of Property: Individual Retirement Account (IRA) Address: American Funds P.O. Box 2560 Norfolk, VA 23501-2560 tka Principal Retirement Group 111 W, State Street P.O, Box 2004 Mason City, IA 50402-2004 IRA rolled in to American Funds Account Account Nwnber: 63744741 Name of Owner: Frankie C, Clayton January 15,2002 Account Statement of American Funds and Principal Financial Group Statement attached hereto as Exhibits A and B. Thc right choicc for thc long term' . . . @ American FundslM PO Box 2560 Norfolk VA 23501-2560 Account Change Confirmation January 15, 2002 Page 1 of 1 2 0 2 11 Your financial adviser FEUQANO MML INVESTORS SERVICES. INC. C/O W SHORE OFFICE CTR 214 SENATE AVE STE 303 CAMP HILL PA 17011-2336 CB&T TRUSTEE IRA/ROLLOVER FRANKIE C CLAYTON 606 4TH ST NEW CUMBERLND PA 17070-1820 1,,,111,,,111,,,1,,,111,,,,,,111,,1,,,1,111,,,11,,,.11,,1,,1.1 Confirming a change ..................................................................................................... For more account information As requested, the change described below has been made to the accountlsllisted. Please check the accuracy of this information, If you have further changes, please notify your financial adviser or call us at 1 800421-0180. ........................................................................................................... . can yourfinanllialadvi.ar . 24-hour automated infonntion and .ervice. American FundsLina. 1 800325-3590 American Funds Web site www.americanfunds.com . Personal a..i.tance - 8 a.m. to 8 p.m, Eastern time M-F Shareholder Services 1 800421 -0180 Change ......................................................................................................................................................................................................................... Beneficiary change ....................................................................................................................................... Primary beneficiary Relationship Date of birth Deborah L Clayton .................................................................................... Spouse .................................................................................... December 19,1954 .................................................................................... Secondary beneficiary Kayla J Clayton .................................................................................... Elias J Clayton .................................................................................... Account(s) changed ......................................................................................................................................................................................................................... Fund Account Account awner Fund n.me number number ....................................................................................................................................................................................................................................................................................... c:::B&:T TRUSTEE IRA/ROuovm Fundamentallnvestors-B 210 67344741 FRANKIE C ClA.YI'ON Exhibit A 005312979 703 DOllOIlOlI '~lnlmIMlnm Mason City Pension Center Principal Life . Insurance Company Retirement Account Profile (summary of Account Information and Provisions) Especially prepared for FRANK C CLAYTON, Member ID No. 198481032 Annuity Contract Number 4-41996 Account Information Your vested Account Balance as of 11/12/2001 is $4,930.97. Penalties You will be subject to a 20% federal tax withholding and possibly a 10% IRS penalty tax if you choose a cash distribution. You will pay taxes on the money you receive in the year you take it from your retirement plan. Guaranteed Interest Rates and Surrender Charges Money withdrawn from the Guaranteed Interest Account may be subject to early surrender charges after 01/14/2002. We will honor our current Guaranteed Interest Rates until the date of maturity. Addi tional Information For additional information about your account, visit The principal Retirement Service Center at www.principal.com. or call TeleTouch at 1-800-547-7754. You will need your PIN, contract number or plan id, and member id number. Due to new tax laws or changes to the contract or plan, the information provided in this document may change. Exhibit B 111 W. State Street, P.O. Box 2004, Mason City, Iowa 50402-2004 Home Office: Des Moines. Iowa 50392-0001 MARITAL PROPERTY - ITEM NO. 19b Frankie C, Clayton 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: Description of Property: State of Alaska RetirementlBenefit Address: Division of Retirement and Benefits PO Box 110203 Juneau, AK 99811-0203 Account Number: 516-70-4447 Name of Owner: Deborah L. Clayton June 30, 2001 Statement of Account is attached hereto as Exhibit C, " state 0" Alaska Division of Retirement & Benefits PO Box 110203 Juneau, AK 99811-0203 Phone (907) 465-4460 TDD (907) 465-2805 PUBLIC EMPLOYEES' RETIREMENT SYSTEM Annual Statement as 0" June 30, 2001 Account Number: 516-70-4447 ~~e ~~~B~~LAND PA 17070 Employer: Gender: Marital Status: Birth Date: 173 FEMALE MARRIED 12/19/1954 DEBORAH L CLAYTON --- STATEHENT OF ACCOUNT --- ==.=.:=............_..aaM..=...=&._.A..~N.........&..............~=......................=...=.==========2===== . _. ~nD I'IItL C.'~ .'V com~,~ ,an'v I'RIIll!EJ:IW&iiisT A~E~ "0~~..r~';t,:- - - ;;~~~-;~~~;;:- -;;:~;~;;--- - - - - ~~:;;~~~; m_ _m__ --- - - - - - m___ - - - - - --- m m - m - - - - - - - - - -;~ ~ ;~~ ~ ~~- .. ~',:~;J;:>: u~n~~m U~n~i8U Ui:U ~3;m:U ENDINCl BALANCES 23,649,09 16,452,31 40,101.40 --- STATEMENT OF CREDITED SERVICE .....a.............................:..........................:................_======..,....=================== EHPLOVER OCCUPATION STATUS BEQIN DATE EMU DATE SERVICE -------------------------------------------------------------------------------------------~--------~-----~---- HUNICIPALITY OF ANCHORAQE PUBLIC EHPLOYEE FULL TIHE 04/14/1983 05/11/1995 11.93151 TOTAL VEARS SERVICE: 11.93151 /-/.;- v/ , .' ...~...:; J-::I.:l. . -- --:~ :.~. j-- .. ..'. ()in$ot', c' . / \ :: -'-.... c: ...~~ Z.'l -/ /v't'?.t ~ .i . -.. ... ... :~.."';"-,.I. , I. &~. ;.- .c+ {C I.; ':c. . ,- l . '" t::i ~ C', Ie ./:./( ,L .; 10 ;";' (' P:. ,.. f' I " //}d-~ ~IV/I.J. s~,a-t.,U$#,..b Exhibit C NOTE: The ~r. of arvloe,. ... MOOWIt tn.......tJon ""ioh ere 8hown refleet dab reported to the PERS by your HPloyer(.). All periods of ..rvloe,... contribution Info,...tlon are subject to yerlfIcetJon by your ...loyer(.l .. PEltS 8PProval. Pl_.. IIdvl.. your Mployer(.) of ..,y dl8C~les In your reported service or contrIbution data. MARITAL LIABILITIES SECURED - ITEM NO. 24a Frankie Clayton lists all marital property or obligation 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: Description of Property: 1 st Mortgage on 606 N. 4th Street, New Cumberland, P A 17070 Lender's name and address: Wachovia Bank of Delaware Account Number: 08100423830 Account Balance: $90,749,67 Name of all Debtors: Frankie and Deborah Clayton MARITAL LIABILITIES SECURED - ITEM NO. 24b Frankie Clayton lists all marital property or obligation 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: Description of Property: 2nd Mortgage on 606 N, 4th Street, New Cumberland, P A 17070 Lender's name and address: Wachovia Bank of Delaware Account Number: Account Balance: $9,002.72 Name of all Debtors: Frankie and Deborah Clayton MARITAL LIABILITIES SECURED - ITEM NO. 24c Frankie Clayton lists all marital property or obligation 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: Description of Property: Real Estate Taxes on 606 N. 4th Street, New Cumberland, PA Address: County of Cumberland, One Courthouse Square Carlisle, P A Account Number: Account Balance: $987.00 Name of all Debtors: Frankie and Deborah Clayton MARITAL LIABILITIES SECURED - ITEM NO. 24d Frankie Clayton lists all marital property or obligation 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: Description of Property: 3 year lease on 2000 Saturn Lender's Address: Account Number: Account Balance: periodic payment of $118.03 per month Beginning Lease Date: 03/2000 Name of all Debtors: Frankie and Deborah Clayton MARITAL LIABILITIES UNSECURED - ITEM NO. 24e Frankie C. Clayton lists all marital property or obligation 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: Description of Property: Credit Card Debt Address: Home Depot P.O. Box 105980, Dept. 51 Atlanta, GA 30353-5980 Account Number(s): 92003164032 Balance Due: $128.43 (As of: July, 2002) Names of Account Holders: Frankie and Deborah Clayton MARITAL LIABILITIES UNSECURED - ITEM NO. 24f Frankie C, Clayton lists all marital property or liability 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: Description of Property: Credit Card Debt Address: Choice Visa P.O. box 6248 Sioux Falls, SD 57117 Account Number(s): 4428 135022130413 Balance Due: $12,401.67 (As of: July, 2002) Names of Account Holders: Deborah Clayton MARITAL LIABILITIES UNSECURED - ITEM NO. 241: Frankie C. Clayton 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: Description of Property: Credit Card Debt Address: CitiFinancial P.O. Box 13 Camp Hill, PA 17001 Account Number(s): 9057554 Balance Due: $875.65 (As of: July, 2002) Names of Account Holders: Frankie and Deborah Clayton ~ I " MARITAL LIABILITIES UNSECURED - ITEM NO. 24h Frankie C, Clayton 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: Description of Property: Credit Card Debt Address: Tires Plus 1015 South 29th Street Harrisburg, P A 17111 Account Number(s): 526307321 Balance Due: $288.00 (As of: July, 2002) Names of Account Holders: Frankie and Deborah Clayton .. I' . MARITAL PROPERTY - ITEM NO. 25 Frankie C, Clayton 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. The following is a list of items which Husband claims for distribution of all assets in the marital residence: Description of Property: See list attached as Exhibit D, Address: 606 4th Street, New Cumberland, P A 17070 05/16/2002 14:45 4107384584 ..- " ." I .. HOWARD CO CHAMBER PAGE 01 "-', ., . , I I << FROM :, NCAC PHONE NO, : 717774 55e0 May, 16 2002 08:34AM Pl FRANKIE'S LIST OF THINGS FROM THE HOUSE AllaY ...,....,1 Iblnp Le. CIotbes, b.ts, &loves, .ken, ~~h,j;~~'l~ Co..... eolor TV DVD Player Bicycle Teat" C..pI.. eq.ipJDeatl&...... equlpmeat Pletare of I.dia. Head{Bev Doolittle) PIctuw" QaIte StaI1lll'" Hue)' StoDiDgt_ PIcta.... ef the two .hfpl Bear PldIIn (AnIle Crtllham'" _NIl BInh.n Picture (1) of them AD 01 lilY ......e-. pub .. P.... .0'...""..... cia.... .... &: pcppcnhaker, bllttel' dl8hla...r dllh. broupt ,..hlle I "".. out .fbollae Qu.... ... bed, IIlIIttI~ ..d Headbo.nllfootboard, .h..... pillcnn, ClOmforter I #I)J..r S '....,D AD of...." towels and wllShclotlla I broap. while I ,...1 out of boNe SalaU bedroom Lamp I brouaht ......Ie , ..... out nf hoaM Larp ....p Ia ..... __ D........ drawer I eDn'lIIItIy have.,. cloth.. In Tbe (1) boo..... I ........t17 .ave my boo_ aad penoDallnaft' oa i. the buenaeat f 8"", /(. s My L__..m.tr My.... dl,.. I. the I...... 1'00III I bnupt ",1111. I "".1 oat oftbe hOIlN: Georp Fo....... GrtII T--.r :t. e~l...+ u;t.,L" "....I ~.t "?'~I-/-... GIMs ,..aler e......... I brotIpt W..1Ie out of the ...... MJel'O"''''. I bl"OUlbt while out (If the hou.. Some pictures of the kid. II"l""iDR up 1 n.mera.Letu&..1t I..t...do.n't HahNe' /("'......, '7'JI....l (/1(1(H.7 C"'4A.orvr~ li..~...,' My S......I.. that It .. mllIIY Co'lI Video'. aDd C........apeaken Fatea RUl!l .l bro..ht la Dial.. roo... while I "'.. out or the hoate The pie.. of turalt.... ba DID.... room ",ith the d...wen hi tIl... or the _k that tile computer.hI oa Spice.Rack. $- 'o.I~/... Iroa aDd Iruniq Board. I bl"Oupt "'..... oat oftbe hoaM T_I Boz aad aD ~ ToolIIDrllII, euen"_ eerd. Car .......,raplwas. Alana Clock. Hot T_ Pot (pu. I) I broupt whOe oaf of tile bOUle Ladder Some .ai..t .app" (roDent..... bnuJaelllPalnf esteDsion G.. GrIB 1 Cloth. a.taper My WIIJte Clothe. Bullet I breD,ht while out of the hOUR Shoe polltlh Stuft' A.... Quilt My PUDIH (Wllbur'IICoco Cola) I """ I (,/<..'5 rn I>..w <i I FIle C.blaet ~-."..u.. 7-e.-N ~..... .J/f-J iI""'''' 4'_r;yoA...... . .2!d'-c.-.- 1iIttIw_M,i.,..." ."-~""'..., ~(O)py Exhibit D s//~ {"4/'t<r'P' .//t!t 7~d C/7<r.;.~ AAAr'~~d~ ):7;,/ l../;".,., c,lt OC. . . , . ,. I,.. _ ffi1~lQ) p ) ':"1 ") \ " r ! , ;t' ::~::- ::.~: - ". c ; "---.. ., :;! ... ~ -, -'" , ...J -< DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2244 CIVIL TERM FRANKIE CURTIS CLAYTON, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take prompt action. You are warned that, if you fail'to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-2244 CIVIL TERM FRANKIE CURTIS CLAYTON, Defendant IN DIVORCE AMENDED DIVORCE COMPLAINT 1. The Plaintiff is Deborah Lee Clayton, who currently resides at 606 4th Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is Frankie Curtis Clayton, who currently resides at an unknown location. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 10, 1983 at Anchorage, Alaska. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c) and 3301(d), in that: a) The marriage is irretrievably broken. b) Plaintiff and Defendant have lived separate and apart since June 30, 2002 and continue to do so. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, from September 10, 1983 until June 30, 2002, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property" . 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property . COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as . though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is . unable to support herself through appropriate employment. 16. l?laintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained the Law Offices of Austin F. Grogan but she is unable to pay the necessary and reasonable attorneys' fees for said counsel. 19. Plaintiff may need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Austin F, Grogan, E uire 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff J.D. #59020 Date '1 - I I). 0 'l. . VERIFICATION I, DEBORAH LEE CLAYTON, verify that the statements made in the foregoing Amended Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date {~~ 9 ht);!U ~~~ 4- . -pr:J tLtt ~ ........ 1lJ ..0 <=' ..0 -.....0 lJ-w. I CJ....J ~~ - f':tJ ~f ~ -r- 0 a 0 c i'0 - .1 Z (I) -. -r1 p-, -~ rl>i -0 , -- ~'j ." I I ,---I .,- I I .' ........1 c h) L _/ , ) r~ .' ~.,., -'., -" Z (~) ~.1,.. , , s;.:: C) :...) ~:.~ . 11 C cO" :D ~ (;:J -< DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-2244 CIVIL TERM FRANKIE CURTIS CLAYTON, Defendant IN DIVORCE TO: Frankie Curtis Clayton C/O Michael S. Travis, Esq. 4076 Market Street, Suite 209 Camp HilI, PA 17011 PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Pa. R.c.P. 4009, Plaintiff, requests the Defendant to supply, within thirty (30) days, the originals or authentic and legible copies of the things requested to the offices of Austin F. Grogan, Esq., 24 N. 3200 Street, Camp Hill, PA 17011. This Request for Production of Documents shall be deemed to be continuing in nature so as to require the production of further documents obtained between the date this present request is responded to and the date of trial, or such earlier time as the Court in this case may fix as the deadline for the production of documents, which are to be used or will be usable at the time of the trial of this case. 1. In answering this Request for Production of Documents, the respondent shall furnish all information available at the time of answering, including information in the possession of any and all representatives, agents, or attorneys and shall Supplement the responses whenever necessary in accordance with the Pennsylvania Rules of Civil Procedure. 2. Each Request for Production of Documents shall be answered separately and as completely as possible. The fact that investigation is continuing or that discovery is not yet complete shall not be reason for failure presently to answer each request as fully as possible. 3. If any form of privilege or other protection from disclosure is claimed as a ground INSTRUCTIONS for withholding responsive information, respondent shall set forth each and every fact supporting the claim with sufficient specificity to permit full determination by the Court as whether the claimed privilege of protection is valid. With respect to a document regarding which a privilege or protection is claimed, a respondent shall set forth that document's name, date of creation, identification of the author and all other information required for identification of the document without revealing the information for which the privilege or the protection form the discloser is claimed. 4. For the purpose of these discovery requests, the singular form shall include the plural, and vice versa; the masculine form shall include the feminine and vice versa; and the words "and" and "or" shall be construed conjunctively or disjunctively, whichever construction is required in order for the request to have its broadest meaning, DOCUMENTS REQUESTED 1. Provide copies of all pay stubs and employment statements from the current employer, including names and addresses; 2. Provide copies of any checking account statements for the last three years maintained in the name of the Defendant alone; 3. Provide copies of any employee or contractual benefit plans with the current employer to include names and addresses of the employer. Respectfully submitted, Date ~ '1;\ 0"- QuJ-~ )) Austin F. Grogan, ~s9 ire 24 North 32nd Streey' Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff J.D. #59020 . CERTIFICATE OF SERVICE I, Austin F. Grogan, Esquire, hereby certify that on -g NN , 2002, I served a copy of the within Request for Production of Documents by first class mail, postage prepaid, addressed as follows: Michael S. Travis, Esq. 4076 Market Street, Suite 209 Camp Hill, PA 17011 Date / / J t I () 2- (1Lu:iw~~t Austin F. Grogan, squir 24 North 32nd Street Camp HilI, PA 17011 (71 7) 737-1956 Attorney for Plaintiff ID #59020 ," . . 0 r-' ~J "..;t c: N - I .:-~,.- ~ LJ II C) nJ " .--: 2 /: (/ , C,_~ _,r , ~~":; , <" - ",.... ~,.) ~ :>1 - ~",J lJ) -< Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 DEBORAH LEE CLAYTON, ) IN THE COURT OF COMMON PLEAS PlaintifflRespondent,) CUMBERLAND COUNTY, PENNSYL VANIA ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE Defendant/Movant. ) MOTION TO COMPEL PLAINTIFF TO RESPOND TO DOCUMENT PRODUCTION REQUEST AND CERTIFY COMPLETION OF DISCOVERY AND FILE AN INVENTORY PURSUANT TO PA R.C.P, 1920.33 Defendant, Frankie C, Clayton, by and through his counsel, Michael S. Travis, files this Motion to Compel Plaintiff/Wife to respond to Defendant's document production request and in support thereof respectfully states as follows: 1. 2. action. Movant is Frankie C, Clayton, Defendant in the above captioned divorce action. Respondent is Deborah L. Clayton, Plaintiff in the above captioned divorce 3. The above-stated action for divorce includes related economic claims, including for equitable distribution of Marital Property, 4. On November 8, 2002, Respondent made a request for production of documents which was duly served upon Movant. Movant timely responded to that request on December 6, 2002. 5, On November 20,2002, Movant made a request for production of documents which was duly served upon Respondent. A copy of that request is attached hereto as Exhibit A. 6. Respondent's response to Paragraph 3a) states that checking account information will be provided by January 30, 2003. 7, Respondent has not provided this information after repeated requests, 8. Movant requested the appointment of a divorce master on August 27, 2002, 9, On September 9, 2002, on the inquiry of the Master, E. Robert Elicker, II, Movant certified that discovery was complete, A copy of the Movant's letter is attached hereto as Exhibit B. 10. On September 10,2002, on the same inquiry, Respondent certified that discovery was not complete, A copy of the Respondent's letter of counsel, Austin F. Grogan, Esquire is attached hereto as Exhibit C. 11, Movant did not believe that discovery was required at that time because there were few assets subject to distribution. . . . 12. The scope of Respondent's document production request demonstrated an intention to pursue a detailed inquiry requiring Movant to obtain similar information from Respondent. 13, The failure of Respondent to timely supplement her document production request, and not complete discovery prejudice Movant's ability to promptly prosecute the divorce action begun by Respondent. 14. On August 14,2002, Movant filed an Inventory pursuant to Pa. RC,P. 1920,33. 15. Respondent has failed to file an Inventory, 16. Movant avers that Respondent is deliberately failing to move the case forward to be vexatious despite a pledge to promptly complete the divorce after Movant agreed to move from the marital home, A copy of a letter from Respondent's counsel stating that intention is attached hereto as Exhibit D, 17, WHEREFORE, Movant respectfully requests that this Honorable Court enter the following Order: a. In accordance with Pa. RC,P. 4019, Respondent is directed to provide complete responses to the pending document production request, or in the alternative, prohibit Respondent as a non-compliant party from introducing evidence, documents or testimony, which would have been provided to Movant in the response to the document production request; and b, In accordance with Pa. RC.P. 4109, Respondent is directed to certify to the Master that discovery is complete within thirty days; and c. In accordance with Pa, R.C.P, 1920.33, Respondent is directed to file an Inventory or in the alternative, prohibit Respondent as a non-compliant party be barred from offering any testimony or introducing any evidence in support or in opposition to claims for the matters subject to the Inventory; and d. Grant Movant the reasonable expenses, including attorney fees incurred, in preparing and presenting this Motion and obtaining an Order of Court for compliance pUrposes; and e. Enter such further relief and grant such sanctions against Respondent as the Court may deem proper and just. ~~. 4076 Market Street, Suite 209 Camp Hill, PA. 17011 717-731-9502 Attorney for Movant/Defendant Date: ;;"'<15- Q;3 Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 DEBORAH LEE CLAYTON, Plaintiff, v. ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) No. 02-2244 CIVIL TERM ) ) IN DIVORCE ) FRANKIE CURTIS CLAYTON, Defendant. To: Deborah L. Clayton c/o Austin F, Grogan, Esquire 24 North 32nd Street Camp Hill, PA 17011 Kindly produce at the law offices of counsel for Defendant, Michael S. Travis, 4076 Market Street, Suite 209, Camp Hill, Pennsylvania 17011, within thirty days of the date of this Request the following documents for Defendant's inspection and copying in accordance with the Pennsylvania Rules of Civil Procedure, INSTRUCTIONS AND DEFINITIONS A, For the purpose of this Request, the word "document" means the original, all drafts thereof, and all copies of any written, printed, recorded, charted, taped, graphic or magnetic matter (including, but not limited to, video tapes, audio tapes, and computer tapes and discs), however produced, reproduced or prepared, B, This Request applies to all documents in your possession, custody or control or in the possession, custody, or control, of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, servants, contractors, employees, accountants, attorneys, investigators, indemnitors, insurers, consultants and sureties. DOCUMENT REQUESTS I. All records indicating any and all income received by you from any and all sources from January 1, 2000, to date. a) Tax year 2000, $4,716.90. b) Tax year 2001, $0 c) Tax year 2002, approximately $1,090.00 Exhibit A '. J 1 I I ! 2. AJI employment information, including witbout limitation, wages, salaries, child care income, the names of all children which you care for and their parents which you are, were or may become entitled to income in the future at any time from January 1, 2000, to date. This request should include copies of any 1099's issued to you. a) None. 3. All checking, savings account, credit union or other passbooks of yours, including those held by you in your name or in your name jointly including Joyce Irving, with any other person, or entity, or in your name as trustee for any other person, from January 2001 to date. a) Fulton Bank checking account. Statement will be provided by January 30, 2003. b) Children's savings account, approximately $200.00 Date: /i 27. c.-7- Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9509 ~Ll~fH~:Q) DEBORAH LEE CLAYTON, Plaintiff IN THE COUR.T OF COMM:ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 02 - 2244 CIVIL FRANKIE CURTIS CLAYTON, Defendant IN DIVORCE TO: Austin F. Grogan , Attorney for Plaintiff Michael S. Travis , Attorney for Defendant DATE: Wednesday, September 4, 2002 CERTIFICATION II 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, Exhibit B Ib) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 7'- 9 - C:-::L... DATE ,~. ~UNSEL FOR PLAINTIFF I 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, ~ " . cAudVn cS3. ~~, ATTORNEY AT LAW 24 North 32nd Street Camp Hill, PA 17011 Telephone (717) 737-1956 Fax (717) 761-5319 Cf- ,-z. -'-'L September 10, 2002 E. Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Deborah Clayton v, Frankie Clayton No, 02-2244 In Divorce Dear Mr. Elicker: Please be advised that Discovery is not complete and Mrs. Clayton is filing an Amended Divorce Complaint raising alimony, counsel fees, and costs. I will forward a copy of the time stamped document to your office and serve it on opposing counsel. If you have any questions, please contact me at your convenience. Sincerely, /J /J /7- /P ~d. Austin F. Grogan; sq. AFGlrr Cc: Deborah Clayton Mike Travis, Esq. Exhibit C ,. , C7i6udin 0f &mpn A TTORNEY AT LAW 24 North 32nd Street Camp Hill, Pennsylvania 17011 Telephone (717) 737-1956 Facsimile (717) 761-5319 /o/z'z/w October 18, 2002 Via Facsimile Michael S. Travis, Esq. 4076 Market Street. Suite 209 Camp Hill, PA 17011 Re: Deborah Clayton v. Frankie Clayton In Divorce Dear Mike: This will confirm our understanding and agreement in the Clayton matter. Frankie Clayton will pay Debby Clayton $360.00 per month in child support. In consideration of that support payment, Mrs, Clayton will withdraw her claim for spousal support, mortgage contribution, and counsel fees. Mr. Clayton will pay the October mortgage payment and home equity loan. Mr. Clayton will move out by November 1,2002 and we will collectively attempt to complete this divorce quickly. If my understanding is incorrect, please contact me as soon as possible. Sincerely, ..... ,j L~ I \ ""/I . I U.(/CU<- -11 ,:~r/fl ('~.rl~ Austin F. Grogau, Esq. AFG/rr Cc: Deborah Clayton Exhibit D .... 4' ~ , , VERIFICA nON I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. Dated: /_ /2.<.' IIJ.? I I i/:..4 &: ankie C, CIon, MovantlDefendant .",.. ,~ ...... t' .. " , ( . ~ w~illJ I t I .. ... I I ... > " DEBORAH LEE CLAYTON, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent,) CUMBERLAND COUNTY, PENNSYL VANIA ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE Defendant/Movant. ) CERTIFICATE OF SERVICE I, Michael S, Travis, certify that I have this day served a true and correct copy ofthe foregoing document by first class mail, postage prepaid, on the following person( s), addressed as follows: Date: :;- dS-a3 Austin F, Grogan, Esquire Coyne and Coyne 3901 Market Street Camp Hill, PA 17011 E, Robert Elicker, II, Esquire DIVORCE MASTER 9 North Hanover Street ~ Carlisle, P A 170 13 ~ B.~~' 7/~hael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Attorney for MovantlDefendant .". . II .. (") c: :s:: VUI nlf'll Z'Tj ~$~: ~?C) ~(' "" (, >c 2' --l -<. (::l (',0 --" r., CO r...) C..... o ,1 :.E 129 j~i ~~ "'71. J ;~~m '",,. :::n -< -0 w :::> f" DEBORAH LEE CLAYTON, ) IN THE COURT OF COMMON PLEAS PlaintifflRespondent,) CUMBERLAND COUNTY, PENNSYL VANIA ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE Defendant/Movant. ) RULE TO SHOW CAUSE AND NOW, this .kd-day of ffiv l-L ,2003, upon considerations of the allegations set forth in the attached Motion to Compel Responses to Document Production Request, Certify Completion of Discovery and File anlInventory pursuant to Pa.R,C.P. 1920.33, a Rule is issued upon Plaintiff/Respondent to show cause why she should not be required to Respond to the Document Production Request, Certify completion of discovery and file an Inventory, pursuant to 1920.33, Rule Returnable 20days of service. By the Court: 04 'I 'v'INV/\lASNNJd r I ~"I'r\ij""l '-if', !\/iU"JPL'I11r'll"'\ l\.it.) l"~.'~.' ~,.,', .-' ''...m~''r;V -;1 kJ 6U:1I WV Yl- )j\~~~ SO AtN1Ci :30 ::DiJ:IC'-CIJ-i' J Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH LEE CLAYTON Plaintiff v, NO. 02-2244 Civil Term FRANKIE CURTIS CLAYTON Defendant CIVIL ACTION - DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Theresa Barrett Male, Esquire as counsel on behalf of Plaintiff in this proceeding. esa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff Date: March 14, 2003 " (") C CJC [l]LY :::;:; ;- L_f~_ (/)- -<.,. r'-r- .-'"- ::.... ",::... ...... ~~' ~: =--2 J <t;j .j"'C:> : '3 ::....J :::> '::- t:::~) r ~. ....'~ -.,.~ C) . t} : ,"-') 'j-', -"i~l ,~ rn Theresa Barrel[ Male Supreme Coon # 46439 513 North Second Street Harn5burg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH LEE CLAYTON Plaintiff v. NO. 02.2114 Civil Term FRANKIE CURTIS CLAYTON Defendant CML ACTION - DIVORCE INVENTORY OF PLAINTIFF Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statementS made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. / ~ ;;~~// . ..../~ j/ Plaintiff 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. ( x ) 2. ( ) 3. ( ) 4. ( x ) 5. ( ) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( ) 11. ( ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ) 17. ( x ) 18. ( x ) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. ( ) 24. ( x ) 25. ( ) 26. 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 (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritance Patents, copyrights, inventions, royalties Personal property outside the home Businesses (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 unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attached itemized list if distribution of such assets is in dispute) Other 2 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Name of All Owners I 606 4th Street, New Cumberland, P A Joint 2 1983 Pontiac Husband 5 First Union National Bank Husband Checking Account # 1010057830759 18 State of Alaska Retirement (marital portion) Wife Account # 516-70-4447 19 IRA - American Funds Husband Account # 63744741 25 Household furnishings Joint 3 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 Number Description of Property Reason for Exclusion 2 Husband's 2002 Toyota Camry Post-Separation 5 Wife's Fulton Bank Post-Separation Account # 3622-18910 18 State of Alaska Retirement (non-marital Pre-Marital portion) Account # 516-70-4447 4 PROPERTY TRANSFERRED Item Description of Date of Consideration Person to Number Property Transfer Whom Transferred 1 Equitv in Marital Residence Various N/A Husband 2 2000 Saturn L Series September Unknown Unknown 2002 18 Husband's State of Alaska Unknown N/A Husband Retirement 5 MARITAL LIABILITIES Item Number Description of Names of All Names of All Property Creditors Debtors 1 Mortgage recorded at First Union Husband Mortgage Book 1740, Page 244 1 Mortgage recorded at First Union Husband Mortgage Book 1741, Page 2787 I Real Estate Taxes Robin Gasperetti, Tax Collector Joint 25 Visa Acct. # CHOICE Wife 4428135022130413 6 NON-MARITAL LIABILITIES Item Number Description of Names of All Reason for Property Creditors Exclusion 25 Husband's Home Depot Post-Separation Acct. #92003164032 25 Husband's CitiPinancial Post-Separation Acct. # 9057554e 25 Husband's Tires Plus Post-Separation Acct # 8135022130413 7 (") C) 0 C C.J 01 :?"" -.".. ~.~ U) ...'" --! ~:' ,.. ,.; ..< , 1 ::J -;;''' r- ~S I .. rT1 f'0 0 I r-:-: ~t 0 ~. :::-.::..". T, ):;: -,., ....:<.. I .....;.;.. ) ('5 5> L. ::0 ::':'l m C -I :::i ;:- =.~~ ~' ::0 ~. -< Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Camp Hill, P A 17011 (717) 731-9502 DEBORAH LEE CLAYTON, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent,) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE Defendant/Movant. ) DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE Frankie C. Clayton, by his undersigned counsel, respectfully moves this Court to make absolute the rule to show cause which was issued in the above-captioned matter on March 3, 2003, and in support states the following: I. Frankie Clayton filed a petition to compel discovery on February 26,2003. 2. On March 3, 2003, this Court issued a rule on Deborah L. Clayton, Plaintiff/Respondent to show cause why she should not Respond to a pending document discovery request, Certify completion of discovery, and File an inventory, returnable twenty (20) days of service. 3. On March 5, 2003, counsel for Frankie Clayton caused a copy of the rule to be served on then counsel for Respondent, Austin F. Grogan, Esquire by regular mail. A true and correct copy of the transmittal letter is attached as Exhibit "A." 4. Respondent obtained new counsel, Theresa B. Male, Esquire who has acknowledged the Rule and has sent the requested discovery information on or about April 1, 2003. 5. Respondent has failed to certify to the Master that discovery is complete. 6. After repeated requests to certify to the Master that discovery is complete, on May 16, 2003, Plaintiff served new interrogatories and requests for production of documents with little difference from prior discovery requests. Copies of the interrogatories and requests are attached hereto as Exhibit B. 7. Movant provided proposed answers to those requests and asked Respondent to certify that discovery would be complete if answered. A copy of the transmittal letter is attached hereto as Exhibit C. 8. Respondent has failed to certify that discovery would be complete with those answers. 9. Respondent has failed to respond to request to bifurcate the divorce, although she is the plaintiff in the divorce action. 10. Movant avers that Respondent is delaying resolution of the case as she stated she would do on prior occasions. 11. Theresa B. Male, Attorney for Respondent does not concur with this Motion. WHEREFORE, Frankie C. Clayton, Movant, requests that this Court make the rule to show cause absolute and grant the petition to compel certification t Iscovery is complete , within twenty days . Travis 4076 Market Street, Suite 209 Camp Hill, PA 17011 Attorney for Movant/Defendant Frankie C. Clayton MICHAEL S. TRAVIS ATTORNEY AT LAW 4076 MARKET STREET, SUITE 209 CAMP HILL, PA 17011 TELEPHONE (717) 731-9502 FAX (717) 731-9511 March 5, 2003 Austin F. Grogan, Esquire Coyne and Coyne 390 I Market Street Camp HilL PA 17011 Re: Deborah Clayton v. Frankie Clayton, No. 02-2244, In Divorce Rule 10 Show Cause Dear Austin: Enclosed please find a certified copy of the Court's Rule to Show Cause. You should have received a copy from the Court already. MST/dt Ene!. pc: Frankie Clayton I E. Robert Elicker, II, Esquire! Cy .,4 Theresa Barrett Male Supreme Court # 46439 513 North Second Street ~burg,PA17101 (711) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH LEE CLAYTON Plaintiff v. NO. 02-2234 Civil Term FRANKIE CURTIS CLAYTON Defendant CIVll.. ACfION - DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS To Michael S. Travis, Esquire 4076 Market Street, Suite 209, Camp Hill, PA 17011 Attorney for Defendant Plaintiff propounds the following request fur production of documents and tangible things pursuant to Rule 4009.1 et seq. of the Pennsylvania Rules of Civil Procedure. You must produce the documents and tangible things requested at the law offices of Theresa Barrett Male, Esquire within thirty (30) days. Instmctions and Definitions Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the munbered request as a whole. . If you have an objection to any request, please state your objection fully and set forth the facDlaI basis for your objection i.ll lieu of production of the docwnents. Any objections not raised within the tbirty-day period will be deemed waived. See Pa. R.C.P. 4009.12. These requests not only are for documents and tangible things that owned by you, but also for documents and tangible things in your possession, custody, or control. This means that you must produce all documents and tangible things which are responsive to a particular request and are in your possession (regardless of whether they are your property), or over which you Er .Ll 8 d LVS~HGlOS'ON/~G:9~'1Sn2:9l 8002 9l 9 (Iti.:J) WOti.:J have control even if not in your possession. It also means that you must produce documents and tangible things that are in the possession, custody ~ or control of YOW' agents, employees. and! or attorneys. Before responding to these requests you are required to make a diligent search of your files and records to ascertain whether you have documents that would be responsive to a given request. Your agents~ employees, and attorneys must do the same. To avoid confusion with respect to these requests, the following terms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "Yoult or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally cognizable entity. Any corporation or other business entity acts only through itS agentS~ officers, employees, and attorneys. Therefore, you should construe requests that apply to such legal entity accordingly. "Plaintiff' means the plaintiff named in this action. "Defendant" means the defendant named in this action. "Document", "recordll. "filell and "reportll all refer to and contemplate all written, recorded, or graphic information, whether preserved in writing, on magnetic tape, by electronic mcodIlS, in photographic form, on microfilm or microfiche, computer disc, DVD, or by any other means of information rolrieval or S1Orage. L ~~ Theresa Barrett Male, Esquire Supreme Court # 46439 S 13 N. Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff Date: May 16, 2003 2 V d LV9lHGl09'ONnG:gl'lS/8G:g~ 800G 9l 9 (I~j) WO~j 1, All documents produced or generated in colUlection with the Citifinancia] mortgage you took in or around December 1999, including but not limited to: a. financial application b. settlement sheet c. copies of checks disbursed by the lender to you d. copies of checks disbursed by the lender to third parties e. your checkbook registers and deposits evidencing deposit of the funds into YOW" account(s). 3 S d LVSlHZlOS'ONIlZ:9l'lS/8Z:9l 800e 9l S (I~j) ~O~j 2. All documents produced or generated in connection with the First Union mortgage you took in. or around September 2001, including but not limited to: a. financial application b, settlement sheet c. copies of checks disbursed by the lender to you d. copies of checks disbursed by the lender to third parties c. YOW' checkbook registers and deposits evidencing deposit of the funds into your account(s). 4 9 d Lt9lVLG~Og'ONnG:gl'lS/8G:9~ 800G g~ 9 (I~j) ~O~j 3. All docwnents produced or generated in connection with the First Union mortgages you took in or around November 2001, including but not limited to: a. financial application b. settlement sheet c. copies of checks disbursed by the lender to you d. copies of checks disbursed by the lender to third parties e. your checkbook registers and deposits evidencing deposit of the funds into YOW' accoWlt(s). 5 L d LV9~HG~Og'ONnG:9~'18/83:9~ 8003 9~ 9 (I~j) ~O~j 4. All financial applications you have submitted since January 1, 1999 to any lender) including but not limited to banks and mortgage companies. 6 8 d LV9lHGl09 'ONIlG:9l 'lS/8Z:9l 800Z 9l 9 (I~:D WO~:J PROOF OF.SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements ofPa. R.C.P. 440: Service by fax. and first-class mail addressed as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Harrisburg, PA 17101 Attorney for Defendant k~~ a Barrett Male, Esquire Supreme Court # 46439 513 NOI1h Second Street Hanisburgt Pennsylvania 17101 (717) 233-3220 COUlJBe1 for Plaintiff Date: May 16,2003 8Z d LVSlHZlOS'ON!lZ:9l'18/SZ:9l 800Z 9l 9 (I~:J) WO~:J 1bt:resa Barren Male Supreme Court # 46439 513 Nonh Second Street Harrisburg, PA 17101 (717) 233-3220 COUDlICl for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH LEE CLAYTON Plaintiff v. NO. 02-2234 Civil Tenn FRANKIE CURTIS CLAYTON Defendant CIVIL ACTION - DIVORCE PLAINTIFF'S INTERROGATORIES TO DEFENDANT Pursuant to Pennsylvania Rules of Civil Procedure 4001, et seq., you are required to serve your Answers and Objections, if any. in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow On a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature in accordance with the provisions of Pa.R.C.P. 4007.4, as amended. If, between the time of filing your original Answers to these Interrogatories and the time of trial of this matter. you or anyone acting on your behalf learn the identity and location of additional persons having knowledge of discoverable facrs or the identity of persons expecled to be called as a witness at trial not disclosed in your Answers or if you or a witness obtain information upon the basis of which you or he knows that an answer was incorrect when made, or knows that an answer though correct n d LV9~HGl09 'ONIlG:9l 'lS/vG:9l 800G 9l 9 (I~j) WO~j when made is no longer complete or true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired. and promptly file and serve such Supplemental Answers on the undersigned. ~Jf1!= Theresa Barrett Male, Esquire Supteme Court # 46439 513 N. Second Street Harrisburg, P A 17101 (711) 233-3220 Counsel for Plaintiff Date: May 16. 2003 2 8l d LV9lvE~09'ON/l6:9~'lS/v6:9l 8006 g~ 9 (I~::J) WO~::J INSTRUCTIONS AND DEFINITIONS Answer every Interrogatory. No question is to be left blank. If you do not know the answer. write "none" or II unknowntl in the space for the answer. If the question is inapplicable, write "N/A" in the space for the answer. You must provide the exact date, amoWlt, computation or figure if the interrogatory requests such information. If unknown, give the best estimate or approximation and note that your answer is an estimate or approximation. The word ,t document" includes all printed, typewritten.. h.andwritte~ graphic, computer- generated and/or computer"stored and recorded matter, however produced or reproduced and however formal or informal. The word "identify" or "identity" in reference to a person, corporation or other ~ntity requires you to state. if appropriate, his, her or its full name, present address and business affiliation. The word "identify" or "identity" in reference to a document requires you to state: (a) the nature of the docwnent; (b) the date of the dQCument or the date it was prepared; (c) the identity of the person(s) who prepared the docwnent~ (d) the custodian of the document; and (e) a brief statement of the subject matter of the document. (Note: In lieu 0/ identifying the document, you may attach copies 10 your answers to these Interrogatories). 3 Vl d H9lH0l09 'ON!l0:9l 'lS/v0:9l 8000 9l 9 (I~j) WO~j 1. Provide an accounting of the funds you received from Citifinancial in or about December 1999, which you took as a mortgage against 606 411I Street, New Cumberland, P A. 4 9l d Lt9lHZl09 'ON/lZ:9l 'lS/v0:9~ 8000 9~ 9 (I~:J) WO~:J 2. Provide an accoWlting of the fwlds you received from First Union in or about September 2001, which you took as a mortgage against 606 4d1 Street, New Cumberland, PA. 5 9l d LV9lHZl09 'ONIlZ:9l 'lS/93:9l 8003 9l 9 (IHj) WOHj 3. Provide an accounting of the funds you received from First Union in or about November 2001, which you took as mortgages against 606 4th. Street, New Cumberland, PA. 6 U d Lt9l\7LZlOg'ONnZ:gl'lS/9Z:g~ 800Z g~ 9 (I~j) ~O~j 4. State the date on which you terminated~ canceled or withdrew funds from all pension and retirement benefits you earned from the date of your marriage to the date of your separation. 5. F or all accounts -- savings. checking~ money market, brokerage, stock, individual retirement accounts (IRAs). certificates of deposit (CDs), etc. -- in which you have or had an interest in the last two (2) years, identify the name and address of the financial institution(s): and the accowrt number(s): 7 8l d LV9ltL;;l09'ON/l;;:9l'lS/9;;:9l 800;; 9l 9 (I~j) WO~j 6. For all life in:!l\uance policies cun-enLly in effect in which you are the insured or the beneficiary. identify the: name and address of the insurer policy # face amO\ill.t beneficiary insured cash value surrender value 7. Identify by insurer and policy number all life insurance policies in which you are a beneficiary or an iwured which have been canceled~ termina.ted or allowed to lapse in the last two (2) years. 8 6l d Lt9lva~09 'ON1l6:9l 'lS/96:9l 8006 g~ 9 (18:J) W08:J 8. Idenlify by Dame and address all institutions in which you maintain a safe deposit box whether individually or with another person. 9. F or all real estate which you own or in which you have an interest, other lhan 606 4111 Street. New Cwnberland" identify the address the name( s) in which title to the property is recorded the deed recording information 9 DZ d LV9lHZlD9 'ONi'lZ:9l'lS/9Z:9l SOOZ 9l 9 (I~:J) WO~:J 10. Identify by name and address any entity for which you completed a loan application or financial statement since January 1. 1999. 10 ~6 d LVg~HnOg'ON!l6:9l'lS/96:9l 8006 9l 9 (I~:J) WO~:J PROOF OF SERVICE I hereby certify that I am. this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements ofPa. R.C.P. 440: Service by fax and fIrst-class ~ addressed as follows: Michael S. Travis, Esquire 4076 Market Street Suite 209 Harrisburg, P A 17101 Attorney for Defendant c~~ Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street . Hamsburg, Pennsylvania 17101 (717) 233-3220 COWlSel for Plaintiff Date: May 16. 2003 II d H9lH;;l09 'ONIl;;:9l 'lS/H:9l 800;; 9l 9 (I~j) WO~j MICHAEL S. TRAVIS ATTORNEY AT LAW 4076 MARKET STREET, SU ITE 209 CAMP Hill, PA 17011 TELEPHONE (717) 731-9502 FAX (717) 731-9511 May 19,2003 Theresa B. Male, Esquire 513 North Second Street Harrisburg, PAl 71 0 1 Re: Deborah L. Clayton v. Frankie Clayton, No. 02-2244, In Divorce Plaintiffs Interrogalories and Requestfor Production ofDocument.\ Dear Theresa: Mr. Clayton can provide the following answers to your Interrogatories and Requests for Production of Documents: Requestfor Production of Documents: 1. This was the original mortgage to the parties residence at 606 4th Street, New Cumberland. All records are in possession or are equally available to Plaintiff. 2. This was a refinance loan of the residence at 606 41h Street New Cumberland. All records are in possession or are equally available to Plaintiff. 3. This was a second mortgage on the residence at 606 4th Street New Cumberland. All records are in possession or are equally available to Plaintiff. 4. See responses to Paragraphs 1 - 3. 5. See responses to Paragraphs 1 - 4. eYe Ms. Male May 19.2003 Page 2 Interrogatories: 1. All records necessary to respond are in possession of Plaintiff. Objection. PlaintitT has knowledge of all this information. A response requires an unreasonable expense and burden upon Defendant. 2. All records necessary to respond are in possession of Plaintiff. Objection. Plaintiff has knowledge of all this information. A response requires an unreasonable expense and burden upon Defendant. 3. All records necessary to respond are in possession of Plaintiff. Objection. Plaintiff has knowledge of all this information. A response requires an unreasonable expense and burden upon Defendant. 4. Defendant's recollection is that $5,000.00 was withdrawn from his pension account with the State of Alaska. The amount was the entire balance of the account. The funds were used to pay marital bills. 5. Objection. This information has already been provided in a previous interrogatory or request for production of document by Plaintiff. 6. None. 7. None. 8. None. 9. None. 10. Plaintiff has identified the mortgage loan applications referenced in Plaintiffs interrogatories. Additionally, Defendant made an auto loan application with Toyota Finance in August of 2002 and a refinance of that loan with PSECU in November or December of 2002. (Exact address will be supplied in original answers). Ms. Male May 19,2003 Page 3 Please advise if you will certify within five days that discovery is based upon the above if verified. If not, we will move the Court or the Master for relief. Also enclosed, please find a Stipulation to Bifurcate. Please have the Stipulation signed by your client so that we may enter the di vorce. M S T Ihm Ene!. pc: E. Robert Elicker, II, Esquire, Divorce Master Frankie Clayton Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Camp Hill, P A 170 II (717) 731-9502 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. ) ) ) ) ) ) ) No. 02-2244 Civil Term DEBORAH LEE CLAYTON Plaintiff, FRANKIE CURTIS CLAYTON Defendant. Civil Action - Divorce Stipulation to Bifurcate Divorce 1. Plaintiff, Deborah L. Clayton, filed a Complaint in Divorce on May 7, 2002. 2. Ninety days have lapsed since the filing and service upon the Defendant, Frankie C. Clayton. 3. Plaintiff wishes to continue with discovery, generally. 4. The parties hereby Stipulate to enter the divorce and agree to file the necessary affidavits of consent and waivers of notice promptly. 5. All other issues are preserved for trial. Deborah L. Clayton, Plaintiff, date: Frankie C. Clayton, Defendant, date: Theresa B. Male, Esquire for Plaintiff Michael S. Travis, Esquire for Defendant APPROVED BY THE COURT, SO ORDERED: J. . DEBORAH LEE CLAYTON, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent,) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE Defendant/Movant. ) CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows: Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101 E. Robert Elicker, II, Esquire DIVORCE MASTER 9 North Hanover Street Carlisle, PA 17013 Date: {)P'P 3 'chael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Attorney for Movant/Defendant . (") (-. 0 -' c {...J -r, s: ,- -t:Jcn C 52n' -,;;;11I'" .~_. -'"- f"u' ""A.. I rT[ ZC' D ifJ2' N ~) -<",,' <C> "-{J 7 ::'~-l ~Q .......;..- ',~ (") >E: ~) /~.in "'~-': .. ~ _.~ L- :.::> =<! <.n -< Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 CampHill,PA 17011 (717) 731-9502 DEBORAH LEE CLAYTON, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent,) CUMBERLAND COUNTY, PENNSYL VANIA ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE DefendantlMovant. ) MOTION TO BIFURCATE DIVORCE I. Respondent/Plaintiff Deborah Clayton filed a complaint in divorce on May 7, 2002, duly served upon Movant/Defendant. 2. Ninety days have lapsed since the service of the Complaint upon Movant. 3. The complaint requests equitable distribution of property. 4. Movant asserts that Respondent is engaging in unnecessary discovery and filed a pending motion with respect to that discovery. 5. After requesting that Respondent file a Stipulation to bifurcate the divorce, Respondent has refused to do so. 6. Neither party will suffer prejudice by the bifurcation of the divorce to grant an immediate decree in divorce and allow the equitable distribution claim to proceed to trial before the master. 7. Respondent's counsel, Theresa B. Male, Esquire does not concur with this Motion WHEREFORE, Movant prays this Honorable Court to grant this Motion to Bifurcate the Divorce. Respe /: ?:;..'/ l' " " / /' ae S. Travis ./ 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 ID No. 77399 Attorney for Movant/Defendant . DEBORAH LEE CLAYTON, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent,) CUMBERLAND COUNTY, PENNSYL VANIA ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE Defendant/Movant. ) VERIFICATION I verifY that the statements made in the foregoing Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: (j,/~:J/ 01 ( ( ~'Ylli' .- DEBORAH LEE CLAYTON, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent,) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE DefendantlMovant. ) CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows: Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101 E. Robert Elicker, II, Esquire DIVORCE MASTER 9 North Hanover Street Carlisle, PA 17013 icnael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill,PA 17011 (717) 731-9502 Attorney for Movant/Defendant Date: t- i./-o.3 DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW FRANKIE CURTIS CLAYTON, : Defendant NO. 02-2244 CIVIL TERM ORDER OF COURT AND NOW, this 9th day of June, 2003, upon consideration of Defendant's Motion To Make Rule To Show Cause Absolute, a hearing is scheduled for Thursday, July 17, 2003, at 10:00 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J'heresa Barrett Male, Esq. /"513 North Second Street Harrisburg, PA 17101 Attorney for Plaintiff "'] ~ichael S. Travis, Esq. 4076 Market Street Suite 209 Camp Hill, PA 17011 Attorney for Defendant :rc ~ !JFtp ~ 19103 /tv TfiN\lj'\lASNI\!jd Mr\r;(~'-"""';:;gV~n8 , " '[' ". - "1~lln "0 Lv.v)"jd b-r~ c~ Ad\(LC;\C:;'iJ.C:U... ~>LL :10 3:Jlj=~O-{]3-n.:1 DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW FRANKIE CURTIS CLAYTON, : Defendant NO. 02-2244 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of June, 2003, upon consideration of Defendant's Motion To Bifurcate Divorce, a hearing is scheduled for Thursday, August 7, 2003, at I :30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Plaintiff Michael S. Travis, Esq. 4076 Market Street Suite 209 Camp Hill, PA 17011 Attorney for Defendant ~.~ ./1-~ ~ :rc \1N\ii\lAS~II\_'jd , '''r, "I .---, '-""^In'" I\.L'\',"_ "",~'_': ,I oJ 2'1 :8 Ii\! it ;:(lr CO IL"',' . /I,W '\'<1'.., I en DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW FRANKIE CURTIS CLAYTON, : Defendant NO. 02-2244 CIVIL TERM IN RE: DEFENDANT'S MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE ORDER OF COURT AND NOW, this 26th day of June, 2003, due to a conflict in the schedule of the undersigned judge, the above matter is transferred to the Honorable George E. Hoffer, PJ., to be heard on July 17, 2003, at 10:00 a.m., in Courtroom No.3, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, P A 1710 1 Attorney for Plaintiff Michael S. Travis, Esq. 4076 Market Street Suite 209 Camp Hill, PA 17011 Attorney for Defendant . ~ {,.,;v....03 ~. ~ :rc \IIN\t^lASNN3d )JNnO:) (l~.~n}:R8I"1no G ~ :! I fj'J 9 Z llilr SO Aliv'.lC'iiC dJui_' ~'-il :10 CI::J\:i:ICr{Fj Ii:! v. ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION - LAW ) ) ) No. 02-2244 CIVIL TERM DEBORAH LEE CLAYTON, Plaintiff/Respondent FRANKIE CURTIS CLAYTON, DefendantlMovant tk AND NOW, thi~ day of ,2003, upon Motion of Defendant Frankie Clayton to Make Rule to Show Cause Absolut d Respondent having complied with the discovery certification, the matter is deemed moot. The parties shall proceed to the Divorce Master for resolution of economic claims raised in the divorce. BY THE COURT, Distribution: ~chael S. Travis, Attorney for Defendant 4076 Market Street, Suite 209, Camp Hill, PA 17011 ;> Gf~ R(S 07 ~~;). -18 lA'I!eresa B. Male, Attorney for Plaintiff 513 North Second Street, Harrisburg, PA 17101 . E. Robert Elicker, n, Divorce Master (Co \ ) 9 North Hanover Street, Carlisle, PA 17013 T"\ ~ VIN\7'I\lASNN3d A.INn'~;"- ,'"'" -"r'!'iJ~]~vno 2u ") 'J i ~iiin;O At;'.' ' ..! . . VI _ :)0 DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW FRANKIE CURTIS CLAYTON, : Defendant NO. 02-2244 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of August, 2003, upon relation of Defendant's counsel, Michael S. Travis, Esquire, that the issue of bifurcation has been resolved amicably by the parties and will be the subject of a stipulation and proposed order, the hearing scheduled for August 7, 2003, at I :30 p.m. on Defendant's Motion to Bifurcate Divorce is cancelled. BY THE COURT, )fheresa Barrett Male, Esq. 513 North Second Street Harrisburg, P A 1710 I Attorney for Plaintiff Michael S. Travis, Esq. 4076 Market Street Suite 209 Camp Hill, PA l7011 Attorney for Defendant >4li~ R){s O~ -07-03 :rc , '".. VlNVAlASNN3d )"Li".I,~':'''\--: ,""r,,:"r:""=4F:W~no (;') :01 ~I~ L - ;JIW SO J L^", l'" '\: ,'"" :;' '1' .:10 \0'11 "',\..,,, LJ.-,.J,-",~ "~H 38!~:!O{]3ll:1 Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 DEBORAH LEE CLAYTON, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent,) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE Defendant/Movant. ) MOTION TO BIFURCATE DIVORCE BY STIPULATION I. Respondent/Plaintiff Deborah Clayton filed a complaint in divorce on May 7, 2002, duly served upon Movant/Defendant. 2. Ninety days have lapsed since the service of the Complaint upon Movant. 3. The complaint requests equitable distribution of property. 4. Plaintiff and Defendant Stipulate to Bifurcation of the Divorce. A copy of the Stipulation is attached hereto as Exhibit A. WHEREFORE, Movant prays this Honorable Court to grant this Motion to Bifurcate the Divorce. DEBORAH LEE CLAYTON, ) IN THE COURT OF COMMON PLEAS Plaintiff/Respondent,) CUMBERLAND COUNTY, PENNSYLVANIA ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE DefendantlMovant. ) VERIFICATION Being more familiar with the statements in this motion than the Defendant, I verifY that the statements made in the foregoing Motion are true and con'ect. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to M"WOm fuJ,ifi""'"" '" orthoriti~. r!!Jf: D...d I' f I>> ~: ~,,= f~ Def,odm' DEBORAH LEE CLAYTON, ) IN l1IE COURT OF COMMON PLEAS P1'J',""",,..,....,) CUMn_ COliNly, PENNSYL V ANI, ) v. ) No. 02-2244 CIVIL TERM ) FRANKIE CURTIS CLAYTON, ) IN DIVORCE Defendant/Movant. ) follows: forego iog """"'," by 6", 01", remJ. po.,,,", pre"".. o. lli, fulJowiog PO""'",), """"'" ~ J, Mioh~J S. T"v;" ~rti1jo ""'U h,,, """my ~N'" , '= "'" ~m" ~py of '" CERTIFICATE OF SERVICE Theresa B. Male, Esquire 513 North Second Street Harrisburg, PA 17101 E. RObert Elicker, II, Esquire DIVORCE MASTER 9 North Hanover Street Carlisle, P A 17013 DM' 1/r/d5 ~ ~ "" . ~ Ichael S. Travis ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Attorney for MovanVDefendant o C <,I -1:31."i.' rilr Z ~, e]l' it ::;;(<" ~c;,~ ~ \ , , 1 co <,' po o -n c-': C") f= on -,c:) ~(s ,,-,. ~, ::I.I .;.0 6rTI -' -,l:-~ ::0 '< -n ~ '-2 ::::> .0 DEBORAH LEE CLAYTON, Plaintiff v. FRANKIE CURTIS CLAYTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2244 CIVIL TERM ORDER OF COURT AND NOW, this 14th day of August, 2003, upon consideration of the Motion to Bifurcate Divorce by Stipulation, the motion is granted and either party may file a praecipe to transmit record in the usual form for purposes of securing entry of a divorce decree. The proposed decree should indicate specifically the issues as to which the court will retain jurisdiction. ~esa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Plaintiff ~ael S. Travis, Esq. 4076 Market Street Suite 209 Camp Hill, PA 17011 Attorney for Defendant :rc BY THE COURT, )~ RKs O<b-) 5-0:3 VIN\l~7ASNNjd I ""I~"-, '"'' ,.., '''-''Aln'' .'\J;,' ~'J, . '. ,,', "''''j< vi u fn; : ft i ~ijW CO In the Court of Common Pleas of Cumberland County, Pennsylvania DEBORAH LEE CLAYTON, Plaintiff, ) ) ) ) ) ) No. 2002-2244 vs. FRANKIE CURTIS CLAYTON, Defendant. CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 8 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divofCI: is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: ~1~? ~Iayton, Defendant () c <,"'" ~~~ ~,_I ~! ~c ~r: ::-?- -'1 -( ra ':";;') :""~.,. <:;:> ~ ..'[) o In the Court of Common Pleas of Cumberland County, Pennsylvania DEBORAH LEE CLAYTON, Plaintiff, ) ) ) ) ) ) No. 2002-2244 vs. FRANKIE CURTIS CLAYTON, Defendant. CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under S 3301(c) of the Divorce Code was filed on May 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. DATED: g / yos ( . ~~.-:-: ~~',' ClJ- E=: i~_ ~~~.~ );~ ~~ =2 D o '"~ (=. 1-,_" "~ , " ---rl ~:.: d-) [""J <=:J :.J... .1) Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH LEE CLAYTON Plaintiff v. NO. 02-2244 Civil Term FRANKIE CURTIS CLAYTON Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 2002. 1. A complaint in divorce under !3 3301(c) of the Divorce Code was filed on May 7, 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. !3 4904, relating to unsworn falsification to authorities. ~., ~~ ?~~ Deborah Lee Clayton Date: August 6, 2003 ........ :~. ri~;; ;;, ... ,~ Cl.' _/ . 1.;: I,. ;,,: ~ );:> (") c ,...~~, C,.) .". ~') i"..) l=', ":'1 (~ Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH LEE CLAYTON Plaintiff v. NO. 02-2244 Civil Term FRANKIE CURTIS CLAYTON Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 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. 9 4904 relating to unsworn falsification to authorities. ~~~.. Deborah Lee Clayton ~ Date: August 6, 2003 -0'- n~lr -~;-: ch": -< ~.~: -,:. ;r~: p. () r;; c' n -f-; '~A} ;.:::s ::") :--." <=,j '.r') C) Michael S. Travis ID No. 77399 4076 Market Street, Suite 209 CampHill,PA 17011 (717)731-9502 DEBORAH LEE CLAYTON, Plaintiff, In the Court of Common Pleas of Cumberland County, Pennsylvania ) ) ) ) ) ) No. 2002 -2244 vs. FRANKIE CURTIS CLAYTON, Defendant. CIVIL TERM 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: Code. I. Ground for divorce: irretrievable breakdown under S 3301(c)(I) of the Divorce 2. Date and manner of service of the complaint: Complaint was mailed May _, 2002, via United States certified mail, restricted delivery, return receipt requested to Defendant, which was received by Defendant on May ik, 2002, Affidavit of Service attached hereto. 3. Date of execution ofthe affidavit of consent reql~d by S 3301(c) of the Divorce Code: by Plaintiff on August 6, 2003; by Defendant on August r, 2003. 4. Related claims pending: The parties shall proceed to the divorce master with respect to economic claims. 5. prothonotary: Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the ,;4.-j ...;1:> .?cP3. Date Defendant's Waiver of Notice in S 330 prothonotary:A'~. 20 ,.:?<=3 . )ivorce was filed with the e ravls Attorney for Plaintiff 1:..1'- Q"lf: ~-: ". :;;;~ ; C/') -'." r::;i", j,::: ."1",1 ~,~ )> o c ~~ ~ ,,.;~ --,,; l=' (~ . . . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . PENNA. . STATE OF . . . DF-BORAH LF-F- CLAYTON, . Plaintiff, No. 02-2244 . . VERSUS . FRANKIE CURTIS CLAYTON, . Defendant. . DECREE IN DIVORCE . . AND NOW, ~"'d' 2?, 200 ,3, IT IS ORDERED AND . DECREED THAT Deborah Lee Clayton PLAI NTI FF, . Frankie Curtis Clayton AND , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . The parties shall proceed to the divorce master with respect . . . . . claims. . J. . . . PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ ~~ 7lt., f:(J t'/-o ~~-:t ~ ~l -n [:(/' '(Ib ~:. .!. . . ; \. . \) ~\, DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 02 - 2244 CIVIL FRANKIE CURTIS CLAYTON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this cJ;;2 /1-1..1' day of ~1L4'K tuLJ 2004, the parties having previously been divorced by decree entered August 27, 2003, and the parties and counsel having entered into an agreement and stipulation resolving the economic issues on September 9, 2004, the date set for a conference, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated. BY THE COURT, cc: ~resa Barrett Male Attorney for Plaintiff .J. ~chael S. Travis Attorney for Defendant ~L1 ~o4 oq -if }...Lt<:"'::"." S'j :01 ....." cP" hr"l (~I", 0..,_"') liJJ ,1.:':,iV_i.c.li',,:U;<LOUd JHl :lD '.J':J\:J:JO-(En\-j DEBORAH LEE CLAYTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02- 2244 CIVIL FRANKIE CURTIS CLAYTON, Defendant IN DIVORCE THE MASTER: Today is the date set for a conference in the above captioned divorce proceedings. Present are the Plaintiff, Deborah Lee Clayton, and her counsel Theresa Barrett Male, and the Defendant, Frankie Curtis Clayton, and his counsel Michael S. Travis. This action was commenced by the filing of a complaint in divorce on May 7, 2002. An amended complaint was filed on September 12, 2002, raising claims for alimony, alimony pendente lite and counsel fees and costs. On August 27, 2003, pursuant to a request for bifurcation, the Court entered a decree in divorce preserving the economic claims raised in the action. The parties were married on September 10, 1983, and separated May 1, 2002. We have had a conference today in order to resolve the preserved economic claims in the action and after negotiations the Master has been advised that the parties have reached an agreement with respect to the outstanding economic issues. It is the Master's understanding that the claims for alimony and counsel fees and costs will be withdrawn and that we will be specifically 1 dealing in the agreement with the equitable distribution claim and allocation of marital debt. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors. After the agreement has been reviewed for typographical errors and any corrections necessary having been made, the parties will be asked to affix their signatures to the agreement affirming the terms of settlement as stated on the record. In any event, when the parties leave the hearing room today, they are bound by the te~ms of settlement as stated on the record even though the agreement may subsequently not be signed by the pa~ties affirming the terms of settlement. Following the receipt by the Master of a completed agreement, he will prepare an order vacating his appointment. The vacation of the Master's appointment should conclude all outstanding matters in this case inasmuch as the parties previously were divorced as noted. Ms. Male. MS. MALE: I . plan this During the marriage wife acquired a defined benefit with the state of Alaska. The parties have agreed that asset will be allocated 55% to wife and 45% to husband. 2 Specifically those percentages will apply to the monthly annuity which will be payable to wife upon her retirement. Husband's portion will be calculated under a separate interest approach if that is acceptable to the plan administrator. Otherwise, there will be a survivor benefit plan implemented in order to protect~usband's award. Harry Leister will be retained by the wife ~o prepare the Domestic Relations Order which we will submit to husband's counsel for review prior to the parties' execution of the order and its submission to the Court. 2. The parties will divide equally an American Funds IRA, No. 63744741 which is titled in husband's name. The parties intend to effect this by a rollover without tax consequence to either party. If, however, a QDRO is necessary to implement the award, husband will be responsible for preparing that QDRO. 3. The parties anticipate that the rollover of the IRA and the Domestic Relations Order allocating the portion of the Alaska pension will be completed w:thin 60 days of today's date. 4. In full and final settlement of the marital debts which were identified in this proceeding, husband will pay to wife the sum of $7,542.00. The payment is due on or before January 9, 2005. In addition, husband will pay wife $132.00 per month for October, November, December, and January for four months which is an additional $528.00 to help offset wife's payment on the Choice Visa card. That would bring the total due on January 9th to $8,070.00. If, however, husband pays the monthly payments prior to January 9th then he will be entitled to subtract the $132.00 for each month prior to that date. Wife represents and warrants to husband that the Choice Visa card is in wife's name alone and that husband has no responsibility for that debt and wife will indemnify and hold husband harmless from any efforts by the creditor to enforce that debt against husband. The payment referenced in this provision, namely, the $7,542.00 plus the $132.00 per month payments shall be made payable in a check to wife for that amount. Husband also represents and warrants to wife that she is not obligated on any credit cards including the Home Depot, the Citi Financial and the Tires Plus credit cards which also were taken out during the course of the marriage, and husband will indemnify and hold wife harmless from any efforts by those creditors to collect those debts against 3 wife. If husband fails to make the cash payment to wife within the time period specified, that is, by January 9, 2005, the nonpayment will constitute grounds for wife to petition the Court for modification of the Domestic Relations Order dividing the Alaska defined benefit plan. 5. There is camping equipment including a tent at the former marital residence at 606 4th Street in New Cumberland and wife agrees that husband can retrieve that property. With the exception of those items, all personal property in wife's possession will remain her sole and separate property and all personal property which husband may have removed from the home will remain his sole and separate property. 6. Wife waives her claims to alimony, alimony pendente lite, and counsel fees and expenses. MR. TRAVIS: Wife's counsel will pay the costs for Harry Leister to prepare the QDRO. MS. MALE: Okay. Ms. Clayton, were you present during the recitation of the settlement terms? MS. CLAYTON: Yes. MS. MALE: Do you understand the terms as I've stated them on the record? MS. CLAYTON: Yes, I do. MS. MALE: Do you agree with the terms? MS. CLAYTON: Yes, I do. MS. MALE: Do you have any questions about any of the terms that we have put on the record today? MS. CLAYTON: No. MR. TRAVIS: Mr. Clayton, have you been 4 present during the reading of the terms of this agreement? MR. CLAYTON: Yes. MR. TRAVIS: Do you understand the terms of this agreement? MR. CLAYTON: Yes, I do. MR. TRAVIS: Do you agree to the terms of this agreement? MR. CLAYTON: Yes, I do. MR. TRAVIS: Do you have any questions regarding any of these terms? MR. CLAYTON: No, I do not. MR. TRAVIS: Do you understand that this will be a binding agreement from the time we leave this conference today? MR. CLAYTON: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previoLsly made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to 5 the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: k/p- ~tZirf/!~{e- Theresa Barrett Male Attorne laintiff / c ael S. Travis Attorney for Defendant DATE: ()'l/o'l/oY I I .?1~A ~iJ vDeborah Lee clayt~ 7/;7/ (.'1 I / \ Frankie 6 ,/ "" 0: .z. Curtis ^/ . - MAR 1 0 2DO~ lr^ I Deborah Lee Clavton Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA.l\fIA VS. CIVIL ACTION - DIVORCE Frankie Curtis Clavton Defendant NO. 02-2244 QUALIFIED DOMESTIC RELATIONS ORDER This Court, having jurisdiction to issue a Qualified Domestic Relations Order regarding the distribution of the Plaintiffs Alaska Public Employees' Retirement System benefits, now makes the following findings of Fact and Order: 1. This Order is intended to be and shall constitute a Qualified Domestic Relations Order (QDRO) as that term is defined by AS 39.35.680(34). 2. The plan to which this Order applies is known as the State of Alaska Public Employees' Retirement System. 3. The Plan Administrator is the State of Alaska, whose address is Department of Administration, Division of Retirement and Benefits, P.O. Box 110203, Juneau, AK 99811-0203. 4. The Member is Deborah L. Clayton, whose address is P.O. Box 593, New Cumberland, PA 17070, and whose Social Security number is 516-70-4447, and whose date of birth is December 19, 1954. 5. The Alternate Payee is Frankie C. Clayton, whose address is P.O. Box 131, Dalmatia, PA 17017, and whose Social Security number is 198-48-1032, and whose date of birth is February t, 1958. 6,/0: 6. The Member and Alternate Payee were married on September 9, 1983, and separated on May 1, 2002. During the course of the parties' marriage, the Member accrued benefits in the above- named retirement plan. l' / - -")C / Y I ( 7. Frankie Curtis Clayton, as the Alternate Payee, shall receive from the plar, bCllefits that otherwise would be paid to the Member, an amount equal to 45% of the gross benefit. The Alternate Payee will receive the same proportionate share of any COLA and PRP A benefits when these are paid to the Member. Payments will continue for the life of the benefits paid to the Member. 8. The remarriage of the Alternate Payee does not alter the rights of the Alternate Payee to receive all benefits awarded by the QDRO; however, in the event of the Alternate Payee's death, all benefits shall revert to the Member. 9. In the event of the death of the Member prior to retirement, the Alternate Payee shall be treated as a surviving spouse to the extent provided by the retirement statue and by this Order. The Alternate Payee's survivor benefit will be prorated and based on the years of marital service (September 10, 1983, through May 11, 1995). At retirement, the Member shall elect the 50% joint and survivor option with the Alternate Payee designated as the survivor eligible for a proportionate share of the survivor's ben8iit payable in the event the Member predeceases the Alternate Payee after retirement. The Alternate Payee's share will be prorated based on the years of marital service as defined above. The Alternate Payee will pay the full cost of the survivor benefit. , f) '.0 r"" -.-.'-'-'--- QDRO Page 2 10. The Member and Alternate Payee shall each be responsible, on a pro rata basis, for any income taxes and penalties arising or accruing out of the distribution made to each party under the terms of this QDRO. In other words, the Member shall be solely responsible for any income taxes and penalties arising out of income distributed to her pursuant to this QDRO and the Alternate Payee shall be solely responsible for any income taxes and penalties arising out of his distribution made hereunder. 11. This Order does not: a. Require the above named plan to provide any type or form of benefit, or any option not otherwise provided under the plan; b. Require the above named plan to provide increased benefits; 0! c. Require the payment of benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a QDRO. 12. Each party is directed to provide the Administrator of the above named plan with a correct and sufficient mailing address for the payment of all benefits due him or her. 13. This Order may be amended by any subsequent Order of the Court ifit later determined that this Order does not satisfy the requirements of a QDRO sufficient to effectuate the distribution of benefits in the above named plan ordered by the Court at the time of their divorce or dissolution. This Court retains continuing jurisdiction over this matter to order or supervise distribution of benefits as may be required. We hereby consent to the form and entry of this Order. 1 . [/ By' ( ( . )// . , Plaintiff '~,/ 'f / / lu:"", By: ,:t~ ~ Defendant %' /1 . d By: fA 'W/t'L D~l1di..- Attorney for the Plaintiff Date at , this J!:tiL day of ,,(,II ;> It.l ,20~. ;' L" I I ,..., ..- MAR 1 0 Z005 ^ ~" Deborah Lee Clayton Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CNIL ACTION - DIVORCE Frankie Curtis Clayton Defendant NO. 02-2244 QUALIFIED DOMESTIC RELATIONS ORDER This Court, having jurisdiction to issue a Qualified Domestic Relations Order regarding the distribution ofthe Plaintiff's Alaska Public Employees' Retirement System benefits, now makes the following findings of Fact and Order: 1. This Order is intended to be and shall constitute a Qualified Domestic Relations Order (QDRO) as that term is defined by AS 39.35.680(34). 2. The plan to which this Order applies is known as the State of Alaska Public Employees' Retirement System. 3. The Plan Administrator is the State of Alaska, whose address is Department of Administration, Division of Retirement and Benefits, P.O. Box 110203, ,Juneau, AK 99811-0203. 4. The Member is Deborah L. Clayton, whose address is P.O. Box 593, New Cumberland, PA 17070, and whose Social Security number is 516-70-4447, and whose date of birth is December 19, 1954. 5. The Alternate Payee is Frankie C. Clayton, whose address is P.O. Box 131, Dalmatia, PA 17017, and whose Social Security number is 198-48-1032, and whose date of birth is February I, 1958. /~ JeZ, , 6. The Member and Alternate Payee were married on September 9, 1983, and separated on May 1, 2002. During the course of the parties' marriage, the Member accrued benefits in the above- named retirement plan. .('.//: vI" 7. Frankie Curtis Clayton, as the Alternate Payee, shaH receive from the plan benefits that otherwise would be paid to the Member, an amount equal to 45% ofthe gross benefit. The Alternate Payee will receive the same proportionate share of any COLA and PRP A benefits when these are paid to the Member. Payments will continue for the life of the benefits paid to the Member. 8. The remarriage of the Alternate Payee does not alter the rights of the Alternate Payee to receive all benefits awarded by the QDRO; however, in the event ofthe Alternate Payee's death, all benefits shall revert to the Member. 9. In the event of the death of the Member prior to retirement, the Alternate Payee shall be treated as a surviving spouse to the extent provided by the retirement statue and by this Order. The Alternate Payee's survivor benefit will be prorated and based on the years of marital service (September 10, 1983, through May 11, 1995). At retirement, the Member shall elect the 50% joint and survivor option with the Alternate Payee designated as the survivor eligible for a proportionate share ofthe survivor's benefit payable in the event. the Member predeceases the Alternate Payee after retirement. The Alternate Payee's share will be prorat.ed based on the years of marital service as defined above. The Alternate Payee will pay the full cost of the survivor benefit. ~- .. - QDRO Page 2 10. The Member and Alternate Payee shall each be responsible, on a pro rata basis, fer any income taxes and penalties arising or accruing out of the distribution made to each party under the terms of this QDRO. In other words, the Member shall be solely responsible for any income taxes and penaltIes arising out of income distributed t.o her pursuant to this QDRO and t.he Alternate Payee shall be solely responsible for any income taxes and penalties arising out of his dist.ribution made hereunder. 11. This Order does not.: a. Require the above named plan to provide any type or form of benefit, or any option not otherwise provided under the plan; b. Require the above nanlcd plan to provide increased benefits; or c. Require the payment of benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a QDRO. 12. Each party is directed to provide t.he Administrator of the above named plan with a correct and sufficient mailing address for the payment of all benefits due him or her. 13. This Order may be amended by any subsequent Order of the Court ifit later determined that this Order does not satisfy the requirements of a QDRO sufficient to effectuate the distribution of benefits in the above named plan ordered by the Court at the time oftheir divorce or dissolution. This Court ret.ains continuing jurisdiction over this matter to order or supervise distribution of benefits as may be required. We hereby consent to the form and entry ofthis Order. By: . Plaintiff {;j/y)( 'j:'~:.... ",) By:_}~ ~ Defendant By: itLIL/~fJu{<- Attorney for the Plaintiff Date at , this -.1!iJi. day of v1vf 2..J d . --- ,20~. ,;'