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BARRY A. GORDON, : IN THE COURT OF COMMON PLEAS OF
Plain tiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
. CIVIL ACTION - LAW
.
VB. : NO. 1578 CIVIL 1994
RONDA F. GORDON.
Defendant . IN DIVORCE
.
DATE:
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STATUS SHEET
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle. PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Masler
Tract .10 Cotrer
Ofllce Manager/Reporter
West Shore
697-0371 Ext. 6535
July 17, 1995
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
James J. Kayer, Esquire
KAYER & BROWN
4 East Liberty Avenue
Carlisle, PA 17013
RE: Barry A. Gordon vs. Ronda F. Gordon
No. 1578 civil 1994
In Divorce
Dear Mr. Shade and Mr. Kayer:
By order of Court of President Judge Harold E. Sheely
dated June 16, 1995, the full-time Master has been appointed in
the above referenced divorce proceedings.
The parties were divorced by order of Court of Judge Oler
on June 29, 1995, wherein he preserved certain economic claims
including equitable distribution, alimony, alimony pendente
lite, counsel fees, expenses, and costs.
A review of the file, however, does not indicate that any
economic claims have been specifically raised by a pleading or a
motion; therefore, I expect that if I am to consider any
economic issues (the motion for appointment of Master only
indicates that equitable distribution is an issue) I will
require that the appropriate economic claims be raised by motion
or pleading.
Assuming that the proper documents and pleadings will be
filed raising economic claims, I am going to proceed with the
directive to file pre-trial statements. In accordance with
P.R.C.P. 1920.33(b) I am directing each counsel to file a
pre-trial statement on or before Friday, August 11, 1995. Upon
.
.'
Mr. Shade and Mr. Kayer, Attorneys at Law
17 July 1995
Page 2
receipt of the pre-trial statements I will immediately schedule
a pre-hearing conference with counsel to discuss the issues and,
if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Tracl .10 Colyer
Office Manager/Reporter
West Shore
697-0371 Ext.6535
July 24, 1995
James J. Kayer, Esquire
KAYER & BROWN
Liberty Loft
4 East Liberty Avenue
carlisle, PA 17013
RE: Barry A. Gordon vs. Ronda F. Gordon
No. 1578 civil 1994
In Divorce
Dear Mr. Kayer:
Thank you for your letter of July 19, 1995, regarding the
economic issues raised in the action. You are correct, a
counterclaim was filed by Mr. Shade raising the claims of
equitable distribution, alimony, and counsel fees and expenses.
Thank you for pointing that out to me. After a further search
of the file, I did locate the pleading.
Very truly yours,
E. Robert Elicker, II
Divorce Master
cc: Wayne F. Shade
Attorney for plaintiff
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Tracl .10 Colyer
Office Manager/Reporter
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
West Shore
697-0371 Ext. 6535
August 11, 1995
James J. Kayer, Esquire
KAYER & BROWN
Liberty Loft
4 East Liberty Avenue
Carlisle, PA 17013
RE: Barry A. Gordon vs. Ronda F. Gordon
No. 94 - 157B
In Divorce
Dear Mr. Shade and Mr. Kayer:
I am in receipt of Mr. Kayer's letter of August 9, 1995,
indicating that counsel are working on a possible settlement and
that they wish to defer the filing of pre-trial statements which
were directed to be filed on or before August 11, 1995.
Mr. Kayer has suggested that if the case is not settled
counsel will be in a position to file pre-trial statements by
September 15, 1995. Therefore, the directive to file pre-trial
statements by August 11, 1995, is withdrawn and counsel are
directed to file pre-trial statements in accordance with
P.R.C.P. 1920.33(b) on or before Friday, September 15, 1995.
Very truly yours,
E. Robert Elicker, II
Divorce Master
Barry A. Gordon
a master with respect to the
( ) Divorce
( ) .\nnulment
( .) Alimony
(".) Alimony Pendente
~OTION FOR APPOr.l~T OF l'lASTER
(Plaintiff) ~UlmO.
following claims:
moves the court to appoint
I~ THE COURT OF COMMON PL~\S OF
CUMBERLAND COUNTY. p~Sn.VANIA
Lite
(X )
( )
( )
( )
Distribution of Properey
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
., (1) Discovery is complete as to the claims(s) for which the
appoincnent of.a master is requested.
~ (2) The defendant (has) <<!4liX~ appeared in
(by his attomey, Havne F. Shade
(3) The staturory ground(s) for divorce (~)
3301(c) and 3301(d)
(4) Delete the inapplicable paragraph(s):
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the action (~K~)
,Esquire) .
(are)
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(c) The action is contested with respect :0 the follOWing
distribution of property
(5) The action (involves) (does not involve) comple~ issues of law
claims :
or fact.
(6) The hearing is ~~ected to take
(7) Additional information, if any.
(hours) (~.
to the motion:
Date:
6/13/95
AND NOWj~-~ I~, O~~~ ~P~I~~~~ ~lAS;~ , ;-;( G
is appointed master with respect to the following c aims:
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Kayer and Brown
Attorneys At Law
A Professional Corporation
Liberty Loll
4 E. Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 243-7922
FAX: (717) 243-0946
September 5, 1995
E. Robert Elicker, II, Esquire
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Gordon v. Gordon - In Divorce, No. 94-1578 Civil Tenn
Dear Bob:
I am pleased to report to you that the parties have resolved their differences regarding the
economic issues related to this divorce. Mr. Shade will be drafting an agreement for the parties'
execution. Barring an) unforeseen difficulties, it will not be necessary to present this case to
you.
With this in mind, please mark this matter as continued generally as I believe Pre-trial
Statements were due to you on or before September 15, 1995. Please feel free to contact me
should you have any further inquiries.
Very truly yours,
11-
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JJK/dap
cc: Wayne F. Shade, Esquire
Barry A. Gordon
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Kayer and Brown
Attorneys At Law
A Professional Corporation
Liberty Loft
4 E. Liberty Avenue
Carlisle. Pennsylvania 17013
Telephone: (717) 243-7922
FAX: (717) 243-0946
August 9, 1995
B. Robert Elicker, U, Esquire
Divorce Master
9 North Hanover Street
Carlisle, P A 17013
RE: Gordon v. Gordon. Docket No. 94-1578 Civil Tenn - In Divorce
Dear Bob:
As you know, pre-trial statements were due to be received by you in lhis matter no later
than August 11, 1995.
Attorney Shade has requested that we push that deadline back to September IS, 1995 so
as to provide he and his client adequate opportunity to review the proposal that we have
forwarded 10 him. I have no objection to his request. Accordingly, please note in your calendar
that counsel have agreed to a deadline of September IS, 1995 for the submission of pre-trial
memoranda.
Very truly yours,
JJK/dap
cc: Bany A. Gordon
Wayne F. Shade, Esquire
Kayer and Brown
Attorneys At Law
A Professional Corporation
Liberty Loft
4 E. Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 243.7922
FAX: (717) 243.0946
July 19, 1995
E. Robert Elicker, n, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Gordon v. Gordon. No. 94-1578 Civil Tenn
Dear Mr. Elicker:
Thank you for your July 17, 1995 correspondence. When I initially received your
correspondence and noted your comments regarding the economic issues needing to be
specifically raised by pleading, I immediately filed with the Prothonotary an Equitable
Distribution Count on behalf of my client. When I returned to my office I reviewed through
the file to note that each of the economic issues that you recited in your July 17, 1995 letter had
been raised previously by Mrs. Gordon in her Answer and Counter-Claim to the Divorce
Complaint. If you do not have a copy of that pleading, please contact me and I will be more
than happy to provide you with one.
Very truly yours,
JJK/dap
cc: Wayne F. Shade, Esquire
Barry A. Gordon
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA,
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AND NOW, ..' ;r ~n.<:', ~,'l........ ...., 199.5..." it is ordered and
decreed that.., .... .. .. . . .. ..B,I\R,R,~ ,A". .GqR,Qq~.. . .. .. .... .... . ., plaintiff,
and,..........,............, .~I?~~~, f:. ~~~I?~................, 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
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All economic claims including equitable distribution, alimony, alimony
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BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 94-157B CIVIL TERM
RONDA F. GORDON,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following
information, to the Court for entry of a divorce decree:
1. Ground for divorce: Irretrievable breakdown under
3301(d) of the Divorce Code.
2. The date and manner of service of the Complaint were
June 13, 1995, by acceptance of service.
3. Date of execution of Plaintiff's Affidavit required by
S3301(d) of the Divorce Code: February 2B, 1995. Date of
s~rvice of Plaintiff's Affidavit upon the Defendant: March 3,
1995.
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4. Related claims pending: All economic claims including
squitable distribution, alimony, alimony pendente lite, counsel
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fees, expenses and costs.
5. Notice of Intention to File Praecipe to Transmit Record
and form Counteraffidavit have not been filed in this case
because it was stipulated between the parties at a hearing before
the Honorable J. Wesley Oler, Jr., J., on June 12, 1995, that the
marriage is irretrievably broken and that the parties have been ,
separated for more than two years.
WAYNE F. SHADE
^tlomc)' II Law
53 Weal Pomrrd h'tm'1
Carliale. PmM)'lvania
1701l
Date: June 15, 1995
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Wayn F. Shade
Attorney for Defendant
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James J. Kayer. Esquire
Attorney for Plaintiff
4 East Liberty Avenue
Liberty Loft
Carlisle, PA 17013
(717) 243-7922
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. '1'1 CIVIL 1994
'U71 ~ '1).(,.......
IN DIVORCE
BARRY A. GORDON,
Plaintiff
RONDA F. GORDON,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counselling, A list of marriage counselors is available in the
Prothonotary's Office at the 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.
Court Administrator - Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone (717) 240-6200
BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL 1994
'1'1. I .7f C!..t.,;d 7.u..--
IN DIVORCE
vs.
RONDA F. GORDON,
Defendant
COMPLAINT IN DIVORCE
COMES NOW, Plaintiff BARRY A. GORDON, through his attorney, James J.
Kayer, Esquire and avers as follows:
COUNT I - DIVORCE
I. Plaintiff is BARRY A. GORDON, whose current home of record is 41 Gordon
Drive, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is RONDA F. GORDON, whose current address of record is 131
Gordon Drive, Carlisle, Cumberland County, Pennsylvania 17013.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for
at least six months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on August 10, 1974, in Cumberland
County, Pennsylvania.
5. There has been no prior actions of divorce filed in this matter.
6, The marriage is irretrievably broken, and the parties are proceeding under Section
3301(c) of the Divorce Code.
7. Plaintiff and Defendant are not members of the United States Armed Forces.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
Respectfully submitted,
. ames. er,
" 4 Liberty/Avenue
i Liberty i::'oft
Carlisle, PA 17013
(717) 243-7922
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VERIF[CATION OF PLEADINGS
I verify that the statements made in this document are true and correct. I understand that false
statements herein are made subject to the penalties of [8 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
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BARRY A. GORDON
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Please enter our acceptance of service of a certified copy
of the Complaint in Divorce on behalf of Defendant in the above-
captioned matter.
Date: June 13, 1995
wa~ sC~~uire
Attorney for Defendant
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BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1578 CIVIL TERM
IN DIVORCE
vs.
RONDA F. GORDON,
Defendant
AFFIDA VIT OF SERVICE BY MAIL
PURSUANT TO Pat R.C.P. 1920.4(a)(I)(II)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
I, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that
he is the attorney for plaintiff, BARRY A. GORDON, and that he did serve a true and correct
copy of the NOllce and Complaint that was filed in the above matter, by U.S. Mail, restricted,
certified, return receipt requested, unto the Defendant, RONDA F. GORDON, on April 4,
1994. The receipt form is attached hereto as Exhibit. A ..
Sworn to and subscrib
'A\.. SEAL
NOiAR HUllLIC
DENISE SNIDER. N01~LAND CDUII11
CARLISLE BORD. CUIoI8E S DC1 29, \996
1011 CDIoIIoIISSIDII EX~:~dllhn 'II 111111111
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BARRY A. GORDON, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
. CIVIL ACTION - LAW
.
v. .
.
. NO. 94-157B CIVIL TERM
.
RONDA F. GORDON,
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you, and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at
CUMBERLAND COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6200
dI~ ~'/I
Wayne . Shade
Attorney for Defendant
WAYNe F. SHADe
^nomC)' a' Law
53 Wull'umfrrt SlI"'
C.ulidt'. I'mrll)'lvania
17013
~
BARRY A. GORDON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-157B CIVIL TERM
IN DIVORCE
v.
RONDA F. GORDON,
Defendant
ANSWER WITH COUNTERCLAIM
ANSWER
1. - 5.
Admitted.
6.
The averments of Paragraph 6 of the complaint are denied.
On the contrary, Defendant avers that there is no mutual consent
to a divorce.
7.
Admitted.
WHEREFORE, Defendant prays that your Honorable Court dismiss
the Complaint and enter judgment in favor of Defendant and
against Plaintiff.
COUNTERCLAIM
COUNT I
DIVORCE
B.
The averments of Paragraphs 1 through 5 inclusive and
Paragraph 7 of Plaintiff's Complaint herein are incorporated
herein by reference as though fully set forth.
W A YNIl F. SHADB
AUOfDr)'alUW
53 W'K Pomfrrl S.....
C.rlillt. ~)'lvanla
17013
'.
.
9.
The parties have been separated from marital cohabitation
since June of 1991.
10.
Defendant avers, as the grounds on which this Action in
Divorce is based, that the marriage of the parties is
irretrievably broken.
11.
Defendant has no adequate means of support.
12.
Defendant has been advised that counseling is available and
that Defendant may have the right to request that the Court
require the parties to participate in counseling.
WHEREFORE, Defendant demands judgment dissolving the
marriage between the parties.
COUNT II
EQUITABLE DISTRIBUTION
13.
The averments of Paragraphs B through 12 inclusive above are
incorporated herein by reference as though fully set forth.
14.
Plaintiff and Defendant possess various items of marital
property which are subject to equitable distribution by the
Court.
WAYNB F. SHADB
^ tlomc)' II Law
.n Wnll"omrrd Strttl
C.ulillc. rmrll)'lvanil
17013
-2-
-.
,
WHEREFORE, Defendant demands judgment equitably distributing
all marital property owned by the parties and such further relief
as the Court may deem equitable and just.
COUNT III
ALIMONY AND ALIMONY PENDENTE LITE
15.
The averments of Paragraphs B through 12 inclusive above are
incorporated herein by reference as though fully set forth.
WHEREFORE, Defendant demands judgment compelling Plaintiff
to pay to Defendant alimony and alimony pendente lite.
COUNT IV
COUNSEL FEES, EXPENSES AND COSTS
16.
The averments of Paragraphs B through 12 inclusive above are
incorporated herein by reference as though fully set forth.
WHEREFORE, Defendant demands judgment compelling plaintiff
to pay counsel fees, expenses and costs of Defendant.
a;:~ C~
Wayn F. Sha e
Attorney for Defendant
WAYNe F, SHADe
AUome)' _I lAw
53 Weal rornrrc1 Slrf'cl
C.rlidc. Pennsylvania
17013
-3-
'.
, .
,
I verify that the statements made in this pleading are true
and correct. I understand that false statements herein are made
subject to the penalties of lB Pa.C.S. 54904 relating to unsworn
falsification to authorities.
Date: January ~, 1995
'-/?671dtV ;j. .4'Mdd>1.../
Ronda F. Gordon
WAYN!! F, SHAD!!
A_ II Law
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Carlltle, Pmnoylvanlo
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BARRY A. GORDON,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-157B CIVIL TERM
IN DIVORCE
.
.
v.
RONDA F. GORDON,
Defendant
ORDER OF COURT
AND NOW, this
II (r day of
('ti-ovu..,
I ,
, 1995, a Rule is
issued upon plaintiff to show cause why this Petition to Compel
Discovery should not be granted and Plaintiff ordered to file his
Answers to Defendant's Interrogatories or suffer the sanctions
requested in Defendant's prayer for relief.
Rule returnable ten (10) days after service.
By the Court,
. //J
"i~r l: ".'
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W^YIIU F. SH^llU
Al1omC)'ltL:aw
s.Soutb IIww('r Slrm
e.flitlc. Pennsylvania
.7013
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BARRY A. GORDON, : IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
. CIVIL ACTION - LAW
.
v. .
.
. NO. 94-157B CIVIL TERM
.
RONDA F. GORDON,
Defendant . IN DIVORCE
.
DEFENDANT'S PETITION TO COMPEL DISCOVERY
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Defendant RONDA F. GORDON by and through her
attorney, Wayne F. Shade, Esquire, and respectfully represents,
as follows:
1.
Defendant is an adult individual who resides at 131 Gordon
Drive, Carlisle, Cumberland County, Pennsylvania 17013.
2.
Plaintiff is an adult individual whose last known address
was 41 Gordon Drive, Carlisle, Cumberland County, Pennsylvania
17013.
3.
On March 30, 1994, Plaintiff's Complaint in Divorce was
filed against Defendant.
4.
On April 14, 1994, Defendant's Interrogatories were served
upon counsel for Plaintiff.
5.
The Interrogatories inquired specifically into the economic
issues of the case and required responses within thirty days from
WAYNE F. SHADE
A_alLow the date of service.
5 Soulh HlDOYrr SInd
C.,Ii.It. rnuuylvanb
17013
.
~
6.
After more than eight months and repeated demands, Plaintiff
has provided no responses whatever to the pending discovery.
7.
Defendant avers that complete responses to her written
discovery are absolutely essential to her advancement of her
economic claims.
WHEREFORE, Defendant requests that your Honorable Court
issue a Rule upon Plaintiff to show cause, as follows:
(a) Why this Petition to Compel Discovery should not be
granted and Plaintiff ordered to file his Answers to Defendant's
Interrogatories within ten days from the date of service hereof;
(b) Why Plaintiff should not be precluded from introducing
evidence in opposition to Defendant's economic claims against
Plaintiff, -if any; and
(c) Why Plaintiff should not be ordered to pay Defendant's
reasonable counsel fees at the rate of $125 per hour incurred in
obtaining an Order compelling discovery and imposing sanctions,
if any.
Respectfully submitted,
~< ~~~~
Wayn . Shade, Esqu re
Attorney for Defendant
WAYN!! F. SHAD!!
Aaomcy a. .....
S South Hanov~r SIITtt
C.dille. 1'nw)'lvania
1701l
-2-
.
~
.
I verify that the statements made in this Petition to Compel
Discovery are true and correct. I understand that false
statements herein are made subject to the penalties of lB Pat
C.S. 54904, relating to unsworn falsification to authorities.
Date: January 9, 1995
'f(dI7dtV ;ft.1Jf1./lC/1!>V
Ronda F. Gordon
W^YNIl F. SH^OI!
^ I1omt)' II Law
S Sooth Jtanoyrr Slrttt
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BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 94-157B CIVIL TERM
RONDA F. GORDON,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this "31"" day of 1A_~ , 1995, upon
consideration of the within Motion, a hearing is scheduled for
/,~/J '171d 0) r! ~ q
, l 11.1I4a./ tl./.--(
8 (/ L.M. 4
1995, at ; ,10 o'clock in Courtroom No.
.AIL
Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
By the Court,
James K. Kayer, Esquire
Attorney for Plaintiff
.~ ""p'.Or,t~; !qs-.
A.f.
Wayne F. Shade, Esquire
Attorney for Defendant
WAYNE F. SHADI!
AUorne)' It Law
oS South Hanovtr SlITfI
C4rlidt. l'aulIylnni:l
1701l
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WAYNE F, SHAVE
Atlomc')'l'Law
S South HanOYtr Strftl
Carli.It, 1'mnJ)'lnni.1
1701l
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BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 94-1578 CIVIL TERM
RONDA F. GORDON,
Defendant
IN DIVORCE
DEFENDANT'S MOTION TO COMPEL DISCOVERY
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Defendant RONDA F. GORDON by and through her
attorney, Wayne F. Shade, Esquire, and respectfully represents,
as follows:
1.
Defendant is an adult individual who resides at 131 Gordon
Drive, Carlisle, Cumberland County, Pennsylvania 17013.
2.
Plaintiff is an adult individual whose last known address
was 41 Gordon Drive, Carlisle, Cumberland County, Pennsylvania
17013.
3.
On January 11, 1995, your Honorable Court in the person of
the Honorable Kevin A. Hess, J., issued a Rule upon Plaintiff to
show cause why Defendant's Petition to Compel Discovery should
not be granted and Plaintiff ordered to file his Answers to
Defendant's Interrogatories or suffer sanctions.
4.
Said Rule was returnable ten (10) days after service.
-.
-
5.
said Petition and Order were served upon counsel for
Plaintiff on January 13, 1995.
6.
Defendant has received neither answers to her
Interrogatories nor a response to the outstanding Rule.
WHEREFORE, Defendant requests that your Honorable Court
schedule a hearing upon the Rule of January 11, 1995.
Respectfully submitted,
~f~
Way F. Shade, Esquire
Attorney for Defendant
WAYNH F. SHADH
AUome)' at uw
S SouIh Hanover SInd
C.r1illc, Pmn'ylvanla
17013
-2-
-. .
I, Wayne F. Shade, Esquire, verify that I am the attorney
for Defendant herein, that I make this verification on her
behalf, being authorized to do so, and that the facts set forth
in the foregoing Motion to Compel Discovery 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 1B Pa.C.S. S4904 relating to unsworn falsification
to authorities.
Date: January 30, 1995
U/t!j:</ ~
Wayne . Shade
WAYNE! F, SHADP.
AIIol1lq II Law
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BARRY A. GORDON,
Plaintiff
vs.
RONDA F. GORDON,
Defendant
.
I1AR
... 1 1995
j.;.Y'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACfION - LAW
NO. 94-1578 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this .z ~ day of March, 1995 upon consideration of the within Motion,
the matter that was scheduled for a Hearing before this Court on Thursday, March 2, 1995 at
3:30 p,m. in Courtroom Number 4, has been continued at the Plaintifrs request. This matter
may be relisted for Hearing at the request of the Defendant should Plaintiff fail to respond to
Defendant's Interrogatories by March 31, 1995.
cc: James J. Kayer, Esquire
Attorney for Plaintiff
Wayne F, Shade, Esquire
Attorney for Defendant
By the Court,
./1
Kevin A. Hess, J.
. 'I'
,I;
I" :,lrCHICE
OF HIl ,', r.rriOHCT,\h~
CUMB\".:'l~ :,..iO C(':":,,a
PE '" Pi '3 f ,".. ',;\ OJ:,~
HAR 2 I 27 rK 195
.
vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACfION - LAW
NO. 94-1578 CIVIL TERM
BARRY A. GORDON,
Plaintiff
RONDA F. GORDON,
Defendant
IN DIVORCE
PLAINTIFF'S MOTION FOR CONTINUANCE
COMES NOW, Plaintiff Barry A. Gordon, by and through his attorneys, Kayer &
Brown, and respectfully represents as follows:
I. On January II, 1995 this Honomble Court issued a Rule upon Plaintiff to show
cause why Defendant's Petition to Compel Discovery should not be granted.
2, This Honomble Court scheduled a Hearing for March 2, 1995 to address
Defendant's Motion to Compel Discovery.
3. Plaintiff has answered Defendant's Interrogatories prior to the Hearing scheduled
on March 2, 1995.
4. Defendant requires certain supplemental Answers to the Plaintiffs responses to
Interrogatories.
5. Plaintiff has indicated to Defendant that the supplemental responses shall be
forwarded to Defendant's counsel no later than March 31, 1995.
6. Defendant's counsel has indicated that he will not object to this Motion for
Continuance since a date certain has been set for the receipt of the supplemental Answers in
question.
WHEREFORE, Plaintiff requests this Honomble Court to continue the Hearing that
had been scheduled for March 2, 1995 genemlly. Defendant may relist this matter for
Hearing before the Court should the Plaintiff not provide his supplemental responses to
Interrogatories in a timely fashion.
Respectfully submitted,
. .
.
.
VERIFICATION OF PLEADINGS
I, James J. Kayer, Esquire, verify that I am the attorney for Plaintiff herein and that I
make this verification on his behalf, being authorized to do so, and the facts set fonh In the
foregoing Motion for Continuance are true and correct to the best of my knowledge,
Information and belief, I understand that false statement herein are made subject to the
penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities.
3/ ( Ire
Date
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Plaintiffs Motion for Continuance
was served on the following person(s). First class mail, postage prepaid, by forwarding a true
and correct copy unto:
Wayne F. Shade, Esquire
53 W. Pomfret Street
Carlisle, PA 17013
Date: 311 /1tJ'
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BARRY A. GORDON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1578 CIVIL TERM
RONDA F. GORDON,
Defendant
IN DIVORCE
NOTICE TO THE PLAINTIFF
If you wish to deny any of the statements set forth in this
Affidavit, you must file a counteraffidavit within twenty (20)
days after this Affidavit has been served on you or the
statements will be admitted.
:w.:;
-.
f.i~
DEFENDANT'S AFFIDAVIT
SECTION 3301Cdl OF THE
DIVORCE CODE
1.
~....')
,1
w The parties to this action separated in June of 1991 and
'I.>
have continued to live separate and apart for a period of at
~ .
~east two (2) years.
2.
The marriage is irretrievably broken.
3.
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.
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 lB Pa.C.S. 54904 relating to unsworn
falsification to authorities.
WAVNIl F. SHADIl
AII<ln1ey at Law Date: February 28, 1995
53 w... I'omfrrt sum
C'lrlillt. I'mn.ylvanb
1701l
't?nd(jj :j,. ,btMdou
Ronda F. Gordon
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BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 94-157B CIVIL TERM
v.
RONDA F. GORDON,
Defendant
.
.
IN DIVORCE
CERTIFICATE OF SERVICE
WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for
Defendant in the above-captioned matter, that he did on March 3,
1995, serve the S3301(d) Affidavit in the above-captioned matter
upon Plaintiff by first class United States mail, postage
prepaid, addressed to James J. Kayer, Esquire, of Kayer and
Brown, 4 East Liberty Avenue, Liberty Loft, Carlisle,
Pennsylvania 17013, counsel for Plaintiff. It is understood that
false statements herein are made subject to the penalties of lB
Pa.C.S. S4904 relating to unsworn falsification to authorities.
Date: June 13, 1995
@~ r-~"L
Wayne . Shade
WAYNE F, SHADE
Attorney a. Law
53 We'll Pomfrd Slrtd
l"arlide, I'tnnsylvanb
17013
.
BARRY A. GORDON, . IN THB COURT OF COMMON PLBAS OF
.
Plaintiff : CUMBBRLAND COUNTY, PBNNSYLVANIA
:
v. . CIVIL ACTION - LAW
.
.
.
RONDA F. GORDON, :
Defendant : NO. 94-1578 CIVIL TBRM
ORDBR OF COURT
AND NOW, this "5stl. day of March, 1995, upon consideration of
the Petition for Bifurcation filed in the above matter by Wayne F.
Shade, Bsq., attorney for Defendant, a hearing is SCHBDULBD for
Monday, June 12, 1995, at 9:00 a.m., in Courtroom No.5, Cumberland
County Courthouse, Carlisle, Pennsylvania.
BY THB COURT,
James J. Kayer, Bsq.
4 Liberty Avenue
Carlisle, PA 17013
Attorney for Plaintiff
Wayne F. Shade, Bsq.
53 West Pomfret Street
Carlisle, PA 17013
Attorney for Defendant
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HAR B "09 AH '95
,
BARRY A. GORDON,
plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-157B CIVIL TERM
v.
.
.
RONDA F. GORDON,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
day of
, 1995, upon
consideration of the within Petition for Bifurcation and upon
Motion of Wayne F. Shade, Esquire, attorney for Defendant, a rule
is issued upon Plaintiff BARRY A. GORDON to show cause why these
divorce proceedings should not be bifurcated and a Decree in
Divorce entered with reservation of jurisdiction over the
economic issues.
Rule returnable within
days of date of service
hereof.
By the Court,
J.
James J.Kayer, Esquire
Attorney for Plaintiff
Wayne F. Shade, Esquire
Attorney for Defendant
WAYNE F, SHADE
Anomer IIl.aw
53 Weal romtR't Strcd
Carli.le, J'mnJ)'tvanu.
!1UIl
.
BARRY A. GORDON,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 94-157B CIVIL TERM
v.
RONDA F. GORDON,
Defendant
IN DIVORCE
PETITION FOR BIFURCATION
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Defendant RONDA F. GORDON by and through her
attorney, Wayne F. Shade, Esquire, and respectfully represents,
as follows:
1.
Defendant RONDA F. GORDON is an adult individual who resides
at 131 Gordon Drive, Carlisle, cumberland County, Pennsylvania
17013.
2.
plaintiff BARRY A. GORDON is an adult individual whose last
known address was 41 Gordon Drive, carlisle, cumberland County,
Pennsylvania 17013.
3.
On or about March 30, 1994, Plaintiff filed a complaint in
Divorce alleging that the marriage was irretrievably broken.
4.
On April 14, 1994, Defendant's Interrogatories were served
upon counsel for Plaintiff.
WAYi'll! F. SHADl!
Attorney at Law
S3 West I'omfrtt ~'trttt
Carli_Ie. Pmnsylvania
1701l
'~-~"",-,
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, . , .!.:.:Aiu
5.
The Interrogatories inquired specifically into the economic
issues of the case and required responses within thirty days of
the date of service.
6.
After more than eight months and repeated demands, Plaintiff
had provided no responses whatever to the pending discovery.
7.
On January 10, 1995, Defendant filed her Petition to Compel
Discovery, averring that complete responses to her written
discovery were absolutely essential to her advancement of her
economic claims.
8.
A Rule was issued pursuant to said Petition on January 11,
1995.
9.
When Plaintiff failed to make any response whatever to the
Rule to compel discovery, Defendant, on January 30, 1995, filed
her Motion for a hearing; and a hearing is scheduled for March 2,
1995.
10.
Plaintiff has not yet made any response to Defendant's
request for discovery.
W^YNI! F. SH^Df.
Attorn()' at Law
53 WCII Pomfrrt Stm:1
Carlislc. Pmruylvania
170IJ
-3-
11.
On January 10, 1995, Defendant filed her Answer with
counterclaim alleging separation from marital cohabitation since
June of 1991 and requesting entry of a Decree in Divorce on the
basis that the marriage of the parties is irretrievably broken.
12.
Concurrently with this Petition, Defendant is filing her
Affidavit under S3301(d) of the Divorce Code.
13.
Defendant believes and therefore avers that Plaintiff would
not be prejudiced by entry of a bifurcated Decree in Divorce
after nearly four years of separation from marital cohabitation
where Plaintiff requested a divorce in the filing of his
Complaint nearly a year ago.
WHEREFORE, Defendant respectfully requests that your
Honorable Court issue a Rule upon Plaintiff to show cause why a
bifurcated Decree in Divorce with reservation of the economic
issues upon completion of discovery should not be entered.
Respectfully submitted,
$~ /V~
Wayn F. Shade, Esquire
Attorney for Defendant
WAYNB F. SHAOB
A_.. Low
'3 w... l'amrrrt SIred
CuIisk, 1'nlIlIy1v....
1701l
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The statements in the foregoing Petition for Bifurcation are
based upon information which has been assembled by my attorney in
this litigation. The language of the statements is not my own.
I have read the statements; and to the extent that they are based
upon information which I have given to my counsel, they are true
and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the
penalties of lB Pa.C.S. S4904 relating to unsworn falsification
to authorities.
Date: February 29 1995
'ft7do; ;:p. ~dJld(f)'IJ
R nda F. Gordon
WAYN!! F. SHAD!!
AUorney at Law
53 Weal romrrtl Strttt
Cufule, ......ylv....
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MAR 6 1995cVvl
-
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BARRY A, GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1578 CIVIL TERM
vs.
RONDA F. GORDON,
Defendant
IN DIVORCE
PLAINTIFF'S COUNTER.AFFIDA VIT UNDER
SECTION 3301(d) OF THE DIVORCE CODE
I. Check either (a) or (b):
(31 do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because (Check (i),(ii) or both):
(i) The parties to this action have not lived separate and apart for a period of at
least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. I understand that I may
lose rights concerning alimony, division or property, lawyer's fees or expenses if I do not
claim them before a divorce is granted.
/(bV1 wish to claim economic relief which may include alimony, division of
prope~awyer's fees or expenses or other important rights.
I verify that the statements made in this counter-affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date: .J - IV - q r'
B~i'iiy ~. Gt~'o;-
NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make
any claim for economic relief, you need not file this counter-affidavit.
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BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1578 CIVIL TERM
vs.
RONDA F. GORDON,
Defendant
IN DIVORCE
PLAINTIFFS SUPPLEMENTAL COUNTER-AFFIDAVIT UNDER
SECTION 3301(d) OF THE DIVORCE CODE
I. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
@ oppose the entry of a divorce decree because (Check (i),(ii) or both):
~ (i) The panles to this action have not lived separate and apan for a period of at
least t~ears.
~))The marriage Is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. I understand that I may
lose rights concerning alimony, division or propeny, lawyers fees or expenses if I do not
claim them before a divorce is gmnted.
~ wish to claim economic relief which may include alimony, division of
propeny, lawyers fees or expenses or other imponant rights.
I verify that the statements made in this counter-affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date: J- t.l- 'i.r
J:1~ a. ...buJ.
BARRY A. GORDON
NOTICE: If you do not wish to oppose the entry ora dIvorce decree and you do not wish to make
any claim for economic relief, you need not file this counter-affidavit.
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BARRY A. GORDON, . IN THE COURT OF COMMON PLEAS OF
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
v. . CIVIL ACTION - LAW
.
.
.
RONDA F. GORDON, .
.
Defendant . 94-157B CIVIL TERM
.
ORDER OF COUBt
AND NOW, this 12th day of June, 1995, upon
consideration of the Defendant's Petition for Bifurcation, and
following a hearing at which the parties stipulated that their
marriage is irretrievably broken and that they have been
separated for a period in excess of two years, the Court finds,
pursuant to the stipulation of the parties, that the parties'
marriage is irretrievably broken,and that they have been
separated for a period in excess of two years, and finds further
that the advantages of bifurcation in this case outweigh the
disadvantages. consequently, the Defendant's petition for
Bifurcation is granted.
pursuant to the plaintiff's request, the Court
will appoint a master with respect to the economic issues in
this case upon the filing of a petition for a master by the
plaintiff and the payment of the necessary fee.
By the Court,
~~1.4l
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JUN 19 10 49 ~~ '95
,
. ,
..
JAMES J. KAYER, ESQUIRE
4 Liberty Avenue
Carlisle, PA 17013
WAYNE F. SHADE, ESQUIRE
53 West Pomfret Street
Carlisle, PA 17013
'-
Co .IQ:I~.~ &'/19/9'$".
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to
BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
!:
v.
RONDA F. GORDON,
Defendant
NO. 94-1578 CIVIL TERM
IN DIVORCE
DEFENDANT'S ANSWERS TO PLAINTIFF'S FIRST SET
OF INTERROGATORIES
1. (a) 131 Gordon Drive, Carlisle, Pennsylvania 17013
(b) May 3, 1956
(c) 202-46-6446
(d) N/A
2. (a) June 30, 1991
(b) Barry Gordon moved in with his mother at this
time.
3. (a) Defendant is presently employed at Cumberland
Crossings Retirement Community where she has been employed
continuously since October 31, 1991. The address of the
principal office of her employer and of her principal place of
employment is 1 Longsdorf Way, Carlisle, Pennsylvania 17013. Her
gross earnings are $529.60 every two weeks from which are
deducted $39.7B for federal income tax withholding, $3B.79 for
social security withholding, $14.B3 for state income tax
withholding, $5.30 for local wage tax withholding, $19.03 for
health insurance, $1.13 for dental insurance and $.79 for
unemployment compensation contributions. Her gross pay received
from her employment during her most recent complete income tax
year were $13,613.91.
From November 5, 19B5, through October 31, 1991,
Defendant was employed at Nell's Market, 1706 Spring Road,
Carlisle, Pennsylvania 17013. She has no actual record of her
earnings, but believes that her gross earnings were approximately
$190 per week.
WAYNE F, SHAllH
^tIomc)' at Law
53 Wtat l'omrrd Strt'Ct
(o.rlisk. 1'mn1)'lvania
17013
For a short period in 19B5, she did private
housekeeping for which she earned approximately $90 per week.
From August lB, 1991, through November 5, 1994, she
worked part-time at Weis Markets, 351 East High Street, carlisle,
..
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Pennsylvania 17013. She has no actual record of her earnings,
but believes that her gross earnings were approximately $100 per
week.
4. The only benefits which Defendant receives from her
employment as additional compensation are two weeks vacation per
year which are worth approximately $529.60 per year.
5. Defendant receives no employee pension, profit sharing,
stock option, stock purchase or similar employee benefits.
6. All financial institutions in which Defendant has had a
legal or equitable interest within the past three years are
Farmers Trust Company at 195B Spring Road, carlisle, Pennsylvania
17D13, and Members 1st Federal Credit Union, MJ Mall, Carlisle,
Pennsylvania 17013. The account at Farmers Trust Company is
joint savings account number 4-3215Bl which had a balance of
$5,212.62 at the date of separation and was transferred to
Defendant on or about September 9, 1991, at the suggestion of
Plaintiff. There was also a checking account at Farmers Trust
Company No. 790354. The approximate balance at the date of
separation was $965.19. The maximum balance over the past three
years was $1,470.
The savings and checking account number 1266BO at
Members 1st Federal Credit Union carried a balance of
approximately $200 at the date of separation, and the companion
savings account carried a balance of approximately $25 at the
date of separation.
Defendant is not in possession of any bank statements
for the account which was in joint names.
7.-B. Defendant has had no interest in any common or
preferred stock during the past three years.
9.-10. Defendant has had no interest in any bonds,
mortgages or other evidences of indebtedness during the past
three years.
11. During the past three years, Defendant has been an
owner as tenant by the entirety of a 0.BB4 acre parcel of land at
131 Gordon Drive, Carlisle, Pennsylvania, which is improved with
a 1975 Buddy mobile home. The property was acquired on October
10, 1979. The land was a gift. The mobile home cost $10,000.
Defendant is presently unaware of the fair market value of the
property. The other tenant by the entirety resides at 41 Gordon
Drive, Carlisle, Pennsylvania.
WAVNII F. SHAUll
^tIomt)'ltl..w
.5) Wut I'."frrt 5ll<<t
e.,lide, I'tMI)'lnnia
l10ll
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Defendant has also been an owner as tenant by the
entirety of 5.006 acres of unimproved land on Opossum Lake Road,
Newville, Pennsylvania. The property was purchased on March 6,
19B5, for $13,000. Defendant is presently unaware of the fair
market value of the property. The other tenant by the entirety
resides at 41 Gordon Drive, carlisle, Pennsylvania.
12. Defendant has no outstanding debts.
13. None of the real estate in which Defendant has an
interest is income producing.
14. Defendant has not transferred any interest in real
estate within the past three years.
15. Defendant's motor vehicle is a 19B9 Chevrolet Corsica
four-door automobile which was purchased on June 22, 19B9, for
$13,000. Defendant is unaware of the value of the vehicle at the
date of separation which would be irrelevant in any event for
equitable distribution purposes in the case of a depreciating
asset. She owed $6,7B5.64 on the vehicle at the date of
separation.
16. Other than as previously set forth in response to these
Interrogatories and as otherwise disclosed by Plaintiff,
Defendant does not have an interest in any separate items of
property of a value in excess of $500.
17. Within the past three years, Defendant has been insured
with Prudential Insurance Company. The policy number is
E677250W. The face amount of the policy is equal to her annual
salary, and the beneficiaries are her children whose addresses of
record are with her. There is no cash surrender value.
lB. Defendant has received no inheritances within the past
five years.
19. Defendant has no claims or causes of action against any
third parties.
20. Defendant will disclose the names, addresses and
telephone numbers of all fact witnesses in the pre-trial
statement.
21.-25. It may be necessary for Defendant to call
representatives of Pension Appraisers, Inc., P.O. Box 4396,
Allentown, Pennsylvania lB105, telephone 610-770-9334, with
respect to Plaintiff's employee pension. It may also be
necessary to call Larry E. Foote, C.C.I.M., Diversified Appraisal
Services, 54 West Louther street, Carlisle, Pennsylvania 17013,
WAYNI! F, SHAUl!
AIIornty at Law
51 w... _r", Slrm
Carmie. 1"mnl)'lvanil
1701l
-3-
, '
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;
telephone 249-275B, with respect to the valuations of real
estate. Further development of information concerning expert
testimony will await the determination of the necessity thereof.
26. Defendant has made reference to deeds, payroll
statements, purchase orders and bank statements in preparing her
responses to these Interrogatories.
27. Defendant is not related to any of the witnesses listed
in her answers to these Interrogatories.
2B. Defendant is paying her legal counsel $125 per hour and
has paid $400 on account to date.
29. Defendant has no reason to expect that she will receive
a gift or inheritance of a value in excess of $1,000.
30. Defendant has no physical or mental conditions which
would have any bearing upon her marital claims.
WA\'Ne F. SHAlle
^DOmt)' II Law
'l Wel' Porn(rd 811'<<"
e.disk, Pmru)'lvania
17l11l
-4-
.
,
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"
BARRY A. GORDON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1578 CIVIL TERM
IN DIVORCE
RONDA F. GORDON,
Defendant
PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT
TO: Ronda F. Gordon and
Wayne F. Shade, Esquire, her attorney
5 South Hanover Street
Carlisle, PA 17013
Please be advised that pursuant to Pennsylvania Rule of Civil Procedure No. 1920.22, you are
required to file and serve your Answers to the following Interrogatories to the undersigned, within
thirty (30) days from service. If between the provision of your Answers and the scheduled date of
hearing, you, or those acting on your behalf, learn the identities or locations of persons having
knowledge of matters discoverable, the identities of persons presumed to be called as expert witnesses
at trial, or the subject matter or substance of the expected expert testimony, you shall immediately
forward such information to the undersigned by Supplemental Answers. If, between the provision of
your Answers to the following Interrogatories and the time of any hearings, in this case you or anyone
in your behalf should receive information that the earlier Answer to the following Interrogatories was
incorrect when made, is no longer correct, you will immediately provide the same to the undersigned
by Supplemental Answers. Although the Interrogatories are addressed to you, all references to you
shall be understood to include references to anyone acting on your behalf, including servants, agents,
employees or independent contractors.
The subject matter of these Interrogatories is the same as that of the Complaint.
I
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It Is now certified that the original and two copies of these Interrogatories were mailed to the
counsel of Defendant on this date by the undersigned.
Date: )"1/0/11
2
.
. .
r
,
'.
INTERROGATORIES
1. In regard to yourself as a party. please state, as follows:
(a) The address of your current residence;
(b) Your date of birth;
(c) Your Social Security number; and
(d) Your present military status.
2. In regard to your separation for the purposes of fi3SOI(e) (4) of the Divorce Code of
Pennsylvania, please state, as follows:
(a) The date of separation: and
(b) The reasons why you indicate that date as the date of separation.
3
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3. In regard to any of your positions of employment as an employee during the marriage as
opposed 10 any of your positions in which you are an owner or partial owner of an entity, please
state, as follows:
(a) Name of the employer;
(b) Address of principal office of employer;
(c) Address of your principal place of employment;
(d) Date employment was commenced;
(e) Date employment was terminated, if terminated;
(f) Dates of interruption in employment, if any;
(g) Reasons for each interruption in employment. if any;
(h) Frequency of your pay period;
(i) Gross pay per pay period;
(j) Itemized deductions from pay;
(k) Anticipated date of any change in pay; and
(I) Gross pay received from the employer during your most recent complete income tax year.
4
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4. Concerning any additional compensation or benefits you may have received by reason
of your employment other than as set forth in your response to the immediately preceding
Interrogatory. please check the appropriate item and provide below the details of the benefit,
including the frequency and amount received:
(a) ( ) Commissions
(b) ( ) Bonuses
(c) ( ) Overtime pay
(d) ( ) Gratuities
(e) ( ) Gifts
(t) ( ) Vacation allowance
(g) ( ) Travel allowance
(h) ( ) Pension plan
(i) ( ) Profit sharing plan
G> ( ) Stock option plan
(k) ( ) Stock purchase plan
(I) ( ) Life insurance plan (if you are named beneficiary)
(m) ( ) Health insurance: () Employee only
() Family covered
(n) ( ) Dental insurance: ( ) Employee only
( ) Family covered
(0) ( ) Disability insurance
(p) ( ) Expense account
(q) ( ) Automobile make and model
Year
(r) ( ) Provide the total gross value of each form of above-designated compensation which you
received in your most recent income tax year. identifying the form of each item of compensation with
the appropriate numerical designation of the item above.
5
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The following blank page can be used to complete answers to describe the benefits answered in
Interrogatory No.4. Copies may be added of relevant documents in place of a summary of the details
to any given benefit.
6
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S. In regard to any employee pension. profit sharing, stock option and stock purchase plans.
state, as follows:
(a) The date when you first began to participate in each such plan;
(b) Any periods of time thereafter when you did not participate in each of said plans;
(c) Normal retirement age (earliest age at which you could retire and receive unreduced
benefits);
(d) In regard to any pension plan, the amount which you are presently receiving as a monthly
benefit or which you would have received if you would have been at normal retirement age and would
have retired at the date of separation:
(e) In regard to any pension plan, the portion of any monthly benefit which is being currently
received which is attributed to disability;
(0 Whether or not you are vested in the pension plan;
(g) If not vested, the requirements of the pension plan for vesting;
(h) If able to do without issuance of a Request for Production of Documents, please attach a
copy of the pension plan booklet:
(i) Again, if able to do without issuance of a Request for Production of Documents, please
attach the last pension benefits statement which you received from your employer prior to the date of
separation; and
; I
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(j) In regard to the aforesaid other plans, the value at the date of separation.
7
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6. In regard to all financial institutions which have held funds in which you have or had a
legal or equitable interest within the previous three years, state, as follows:
(a) Name and address of the office with which you do business;
(b) Form of account as checking, savings, money market, certificate of deposit, retirement
account or the like;
(c) Account number;
(d) Names and addresses of co-owners, if any;
(e) Names and family relationships of co-owners, if any;
(f) Date that the account was opened;
(g) If the account were opened in your name or with others and your spouse after the date of
separation, the source of the funds for opening the account;
(h) The balance of the account at the date of separation;
(i) The maximum balance of the account for the previous three years; and
0) Please attach copies of a\1 statements from the date of separation to the present of all
accounts under your control which were held jointly with your spouse from the date of separation to
the present.
8
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7. Except as previously answered In response to these Interrogatories, state with respect to
any common or preferred stock of which you were a legal or equitable owner during the past three
years, as follows:
(a) Name and address of issuer;
(b) Date of acquisition;
(c) Number of shares held;
(d) Type of shares as common, preferred or the like;
(e) Purchase price or value of other consideration paid per share;
(t) Value at date of separation;
(g) Names, addresses and family relationships, if any, of any co-owners; and
(h) Your fractional interest if less than 100 percent interest.
9
....0'''',;,.
.,
8. If you sold, pledged or otherwise transferred or encumbered any common or preferred stock
in which you had an interest during the past three years, state, as follows:
(a) Name and address of issuer;
(b) Type of shares as common, preferred or the like;
(c) Purchase price or value of other consideration paid per share;
(d) Value at date of separation;
(e) Names, addresses and family relationships, if any, of any co-owners;
(0 Your fractional interest if less than 100 percent interest;
(g) Date of transfer;
(h) Names, addresses and family relationships, if any, of all transferees; and
(i) Number of shares transferred.
10
.
9. In regard to any bonds, mortgages or other evidences of indebtedness in which you have
had an interest during the past three years, state, as follows:
(a) Name and address of debtor;
(b) Type of security as U.S. Savings Bonds, other government bonds, mortgages or the like;
(c) Maturity dates;
(d) Date acquired;
(e) Purchase price or value of other consideration paid;
(f) Value at date of separation;
(g) Applicable interest rate; and
(h) Security for the obligation, if any.
11
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10. If you sold, pledged or otherwise transferred or encumbered any bonds, mortgages or
other evidences of indebtedness in which you had an interest during the past three years, state, as
follows:
(a) Name and address of debtor;
(b) Particular indebtedness referenced in response to the immediately previous Interrogatory;
(c) Date of transfer;
(d) Names, addresses and family relationships, if any, of transferee; and
(e) Number of shares transferred.
12
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II. In regard to each parcel of real estate in which you have had a legal or equitable interest
within the past three years. state, as follows:
(a) Address:
(b) Type of property as among undeveloped land. single-family residence, condominium,
office or other commercial or industrial;
(c) Form and percentage of your title;
(d) Date of acquisition;
(e) Purchase price or value of other consideration paid;
(0 Present value; and
(g) Names, addresses. family relationships, if any, and extents of ownership of co-owners, if
any.
13
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12. With respect to any persons to whom you are indebted, state as follows:
(a) Name, address and family relationship, if any, of the creditor;
(b) Initial total liability;
(c) Total liability at date of separation;
(d) Names, addresses and family relationships, if any, of any co-obligors;
(e) Names, addresses and family relationships, if any, of any sureties or guarantors;
(t) Amount and interval of payment;
(g) Expected date of full payment;
(h) Identification of assets pledged as collateral with designation of the obligation to which it is
pledged; and
(i) State whether or not said obligation is in writing and, if so, please attach a copy.
14
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13. If any of the real estate in which you have an interest is income producing, state, as
follows:
(a) The names, addresses and family relationships, if any, of all persons or entities paying
income;
(b) The total amount of income due with respect to each property; and
(c) Detail any reductions in income due with respect to each property.
14. With respect to any interest in real estate which you have transferred during the past three
years, state, as follows:
(a) Address of the property;
(b) Type of property as among undeveloped land, single-family residence, condominium,
office or other commercial or industrial;
(c) Date of transfer;
(d) Extent of interest transferred;
(e) Consideration received for transfer;
(t) Identification of any encumbrances paid in connection with the transfer;
IS
.
(g) Amounts of encumbrances paid in connection with the transfer; and
(h) Names, addresses and family relationships. if any. of transferees.
16
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IS. With respect to all motor vehicles in which you have an ownership Interesl, state, as
follows:
(a) Type of vehicle;
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(b) Year of manufacture;
(c) Name of manufacturer;
(d) Make and model;
(e) Date of purchase;
(f) Purchase price or value of other consideration paid;
(g) Value at date of separation; and
(h) Amounts of encumbrances at date of separation.
17
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16. Except as otherwise Slated in response to previous Interrogatories, slate with respect to all
items of property of a value in excess of $500 and in which you have an interest. as follows:
(a) Description of the item;
(b) Names, addresses and family relationships, if any. of any co-owners;
(c) Extent of your ownership interest;
(d) Present location;
(e) Date of acquisition;
(0 Purchase price or value of other consideration paid;
(g) Value at date of separation; and
(h) Current value.
18
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17. In regard to all life insurance policies in which you have had an interest within the past
three years, state, as follows:
(a) Name of insurer;
(b) Names, addresses and family relationships. If any, of persons Insured;
(c) Type of policy as among term, whole life, universal life or the like;
(d) Policy number;
(e) Policy owner;
(f) Face amount of policy;
(g) Names, addresses and family relationships, If any, of beneficiaries; and
(h) Cash surrender value at date of separation, If any.
19
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18. With respect \0 any inheritances of gifts which you have received in the past five years,
state, as follows:
(a) The names of the decedents or donors;
(b) The dates and amounts received;
(c) The dates and amounts of deposit or registration of any such inheritances or gifts in joint
names with your spouse; and
(d) The dates and amounts of withdrawal or transfer of any such inheritances or gifts from
joint names with your spouse.
19. State whether or not you have any claims or causes of action against any third parties;
and, if so, state, as follows:
(a) The names and addresses of the parties against whom you have such claims;
(b) Whether or not such claims accrued after the marriage and prior to the date of final
separation;
(c) If not, why you contend that they did not; and
(d) The status of such claims as to efforts to enforce them and whether or not they have been
paid.
20
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20. List the names, addresses and telephone numbers of all individuals whom you may call as
witnesses at any hearings in this litigation.
21. List the names, addresses and telephone numbers of each person you expect to call as an
expert witness at any hearings in this litigation and state the subject matter on which each person is
expected to testify.
22. As to each person identified as an expert witness, please state the substance of the facts
and opinions to which he or she is expected to testify and the grounds for each opinion.
Signature of Expert
*A report, personally signed by this expert, may be furnished in lieu of your answer to this
Interrogatory. If you elect to furnish reports in lieu of an answer, then please indicate in the space
above the date of each such report and the persons by whom they were prepared.
21
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23. If you have attached a copy of an expert report, does the expert have any additional
opinions or knowledge of any additional factual matters not contained in said report?
If so, please explain.
24. For each person identified as an expert witness, please set forth all facts on which you
intend to rely at any hearings in this case to establish his or her qualifications as an expert witness.
.
22
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25. With respect to each person identified as an expert witness, please state further:
(a) Age, residence and business address;
(b) Identify present employer or. if self-employed, give the name of business and occupation:
(c) State the complete educational background following high school including the dates of
attendance, degrees attained and a list of all writings which were prepared by the expert witness or in
which the expert witness participated in any way whatsoever;
(d) Specifically identity all educational activities within the past ten years which were
concerned with the subject for which the expert witness will be asked to testify at trial;
(e) Identify all employers of the expert witness for the past ten years and furnish a description
of all duties for each employer. If self-employed during the past ten years, furnish a description of all
occupations and duties performed by the expert witness during that period in said self-employment:
and
(f) List all appearances of the expert witness in any court for the past three years including the
subject of the testimony and the party for whom the testimony was offered.
23
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26. Please list any and all documents, writings or records in your possession or to which you
have access which support your responses to these Interrogatories; or in lieu thereof, please attach
copies hereto.
27. If any of the witnesses listed in your answers to these Interrogatories be related to you or
to each other in either a business, professional, social or family relationship, please identify the
persons so related and the nature of each relationship.
28. Please state the details of your fee agreement with your legal counsel, and please state the
names of all attorneys to whom you have made payment of legal fees in connection with dissolution of
this marriage and the amounts paid to each.
24
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29. If you have reason to expect that you will receive a gift or an inheritance of a value in
excess of $1,000, state, as follows:
(a) The name, address and age of the expected benefactor;
(b) The approximate value of the estate of the expected benefactor;
(c) A description of the gift or inheritance; and
(d) The approximate value of the expected gift or inheritance.
2S
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30. With respect to your physical and mental health, state, as follows:
(a) Whether or not you are or have within the past five years been under the care of a licensed
health care provider:
(b) If so, state, as follows:
(I) The name. address and telephone number of the provider;
(2) The particular type of practice of the provider:
(3) The date that you first consulted the provider:
(4) The reason for consulting the provider:
(5) The date that you most recently consulted the provider:
(6) The medical diagnosis of your condition: and
(7) The medical prognosis of your condition:
(c) State whether or not you are currently taking any prescription medication: and, if so, state.
as follows:
(I) The name of the medication;
(2) The purposes for the medication:
26
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(3) The name of the provider who prescribed the medication; and
(4) The date that the medication was prescribed:
(d) State whether or not within the past five years you have been hospitalized; and, If so,
state, as follows:
(1) The name, address and telephone number of the hospital:
(2) The admission and discharge dates:
(3) The name of the attending physician: and
(4) The purpose for the hospitalization.
27
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I verify that the statements made in the foregoing Interrogatories are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. e.s. 4904 relating
to unsworn falsification to authorities.
Date: May 9, 1995
~d~;:I. {r'dAA./
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BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACfION - LAW
NO. 94-1578 CIVIL TERM
RONDA F. GORDON,
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this -JEi.L~ay of Jv1!\" ,1995, upon consldemtlon of the attached
Complaint, It Is hereby directed that the parties and their respective counsel apfle!lr before
. ",t</,hfl:><>' c........b. (.... (",,111.......
_~\.A ~t-ft- f. 6-. I (t.iy , Esquire, Custody Conciliator on J711, of
Al,~ , 1995, at8";~M., for a Pre-Hearing Custody Conference, At such conference, an
effort wlll be made to resolve the Issues in dispute; or if this cannot be accomplished, to define and
narrow the issues to be heard by the court, and to enter into a temporary order. All children age five
or older may also be present at the conference. Failure to appear at the conference may provide grounds
for entry of a temporary or pennanent order.
FOR THE COURT,
By. ~",ILfrJ~
Custody Conciliator ~t9R
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.
OFFICE OF THE COURT ADMINISTRATOR
COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17103
(717) 240-6200
JUH 20 3 zz PH '95
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Name
Present Residence
Age
BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
CIVIL ACTION - LAW
NO. 94-1578 CIVIL TERM
RONDA F. GORDON,
Defendant
IN CUSTODY
PETITION FOR CUSTODY
COMES NOW, Plaintiff Bmy A. Gordon, by and through his attorney, James J. Kayer, Esquire,
and avers as follows:
1. Plaintiff is Bmy A. Gordon, an adult Individual, residing at 41 Gordon Drive, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant is Ronda F. Gordon, an adult individual, residing at 131 Gordon Drive, Carlisle,
Cumberland County, Pennsylvania 17013.
3. Plaintiff seeks custody of the following child:
Ryan Jay Gordon, 131 Gordon Drive, Carlisle, PA 17013, born June 24, 1980, Age 15 years.
The child was not born out of wedlock.
The child is presently in the custody of mother, Ronda F. Gordon. During the past five years,
the child has resided with the following person(s) at the below addressees):
Bmy A. Gordon, Ronda F. Gordon and Gwendolyn E. Gordon at 131 Gordon Drive, Carlisle, PA.
Barry A. Gordon no longer resides at this address due to the parties' separation and Gwendolyn E.
Gordon only resides there when not attending college.
4. The mother of the children is Ronda F. Gordon, currently residing at 131 Gordon Drive,
Carlisle, Pennsylvania 17013. She is married.
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S. The father of the child is Barry A. Gordon, currently residing at 41 Gordon Drive, Carlisle,
Pennsylvania 17013. He is married.
6. The relationship of Plaintiff to the child is that of father. The Plaintiff currently resides with
the following person(s):
Name
Relationship
None
7. The relationship of the Defendant to the child is that of mother. The Defendant currently
resides with the following person(s):
Name
Relationship
None
8. The best interest and permanent welfare of the child will be served by granting the relief
requested because the Plaintiff, Barry A. Gordon, can provide a more stable and nurturing atmosphere.
Granting Plaintiff custody will be in the best interest and permanent welfare of the child.
9. Each parent whose parental rights to the child has not been terminated and the person who
has physical custody of the child have been named as parties to this action. All other persons, names
below, who are known to have or claim a right to custody or visitation of the child will be given notice
of the pendency of this action and the right to intervene:
Name
Address
Basis of Claim
None
WHEREFORE, Plaintiff requests the court to grant custody of the children to Defendant.
VERIFICATION OF PLEADINGS
TIle foregoing Petition is based upon Information which has been gathered by my
counsel and myself In the prepamtion of this action. TIle language of the Petition may in part
be the language of my counsel and not my own. I have read the statements made in this
Petition and to the extent that It is based upon information which I have given to my counsel,
it is true and correct to the best of my knowledge, information and belief. To the extent that
the contents of the statements are that of counsel, I have relied upon counsel in making this
Verification. I understand that false l>1atements herein made are subject to the penalties of 18
Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
tR, n. .JLt.~
Date:
'II? /q~
Wayne F. Shade, Esquire
53 West Pomrret Street
Carlisle, PA 17013
~ERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Petition for Order of Court and Petition for
CUstody was served on the following person(s) by First Class mail. postage prepaid by forwarding a
true and correct copy unto:
Dated: ((;;(1'7
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1578 CIVIL TERM
BARRY A. GORDON,
Plaintiff
RONDA F. GORDON,
Defendant
IN CUSTODY
AND NOW. this
1 L/ t;l-
ORDER OF COURT
.J-,,-~;rl
day of .J\lne,199S, it is ordered that Plaintiffs Petition for
Custody is withdrawn and the Conciliation Conference scheduled for August 17, 1995 at 8:30 a.rn. with
Hubert X. Gilroy, Esquire, Custody coneillator, is hereby eancelled, Plaintiff reserves the right to re-
submit a Petition for Custody at any time hereafter.
BY THE COURT,
/tL~ E. ,Si~\
HAROLD E. SHEELY, P.J.
cc: James J. Kayer, Esquire
Attorney for Plaintiff
Wayne F. Shade, Esquire
Attorney for Defendant
Hubert X. Gilroy, Esquire.
Custody Conciliator
'71ltLL U. L 7~-1 Cf -'1 S-
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BARRY A. GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-1578 CIVIL TERM
vs.
RONDA F. GORDON,
Defendant
IN CUSTODY
WITHDRAW AL OF PETITION FOR CUSTODY
COMES NOW, Plaintiff, BARRY A. GORDON, by and through his attorney, James J. Kayer,
Esquire. and avers as follows:
1. Plaintiff on June 13, 1995 filed a Petition for Custody with this Honorable Court.
2. After careful consideration. the Plaintiff has decided to withdraw his Petition for Custody so
as to not create any further emotional difficulties for the parties and their children.
WHEREFORE, Plaintiff respectfully withdraws his Petition for Custody and requests this
Honorable Court to cancel the Conciliation Conference that has been scheduled for August 17, 1995 at
8:30 a.m.
Respectfully submitted,
,/
... ;
.
~
VERIFICATION OF PLEADINGS
The foregoing Petition is based upon Infonnation which has been gathered by my
counsel and myself in the prepamtion of this action. The language of the Petition rnay ill part
be the language of my counsel and not my own. I have read the statements made in this
Petition and to the extent that it Is based upon information which I have given to my counsel,
it is true and correct to the bel>1 of my knowledge. information and belief. To the extent that
the contents of the statements are that of counsel, I have relied upon counsel in making this
Verification. I understand that false statements herein made are subject to the penalties of 18
Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities.
n"'^7 61. ~.~.
Date: (; !z1J/q'i
., .~ .~ ...
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Withdraw of Petition for Custody was served
on the following person(s) by First Class mail, postage prepaid by forwarding a true and correct copy
unto:
Wayne F. Shade, Esquire
53 West Pomrret Street
Carlisle, PA 17013
Hubert X. Gilroy, Esquire
(Custody Conciliator)
Broujos, Gilroy & Houston
4 North Hanover Street
Carlisle, PA 17013
Dated: b IZ7' (e,,.
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(
BARRY A. GORDON.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
NO. 94-1578 CIVIL TERM
CIVIL ACTION - LAW
RONDA F. GORDON,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are wamed that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment rnay be entered against you by the Court.
A judgment may also be entered against you for any other claim or relief requested in these papers by
the Plaintiff. You may lose money or property or other rights important to you, including custody or
visitation of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may
request rnarriage counselling. A list of marriage counselors is available in the Prothonotary's Office at
the 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.
Court Administrator - Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone (717) 240-6200
James J. Kayer, Esquire
... r (' r . t
" 1
4 East Liberty A venue
Carlisle, PA 17013
(717) 243-7922
(
>
BARRY A. GORDON.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-1578 CIVIL TERM
CIVIL ACTION - LAW
vs.
RONDA F. GORDON,
Defendant
IN DIVORCE
PLAINTIFF'S FIRST AMENDED COMPLAINT IN DIVORCE
COUNT U - Equitable Distribution
8. All of the averments in Paragraphs I through 7 of Plaintifrs Complaint in Divorce filed
on March 3D. 1994. are incorporated herein as though each was set forth under Count II as in Count
I - Divorce.
9. During the marriage. the parties accumulated certain real and personal property which is
subject to distribution.
WHEREFORE. the Plaintiff requests this Honorable Court to grant the requested relief, as
well as any other such relief that this Honorable Court deems appropriate.
Respectfully submitted,
t
VERIFICATION OF PLEADINGS
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. The language of the document may. in part,
be the language of my counsel and not my own. I have read the statements made in this
document and to the extent that it is based upon information whieh I have given to my counsel.
it is true and correct to the best of my knowledge, information and belief. To the extent that the
contents of the statements are that of counsel, I have relied upon counsel in making this
Verification. 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:
7'1 r
.1995
ll..~, p. ~LL ~
Barry 1<. Gordon
lZ".;:~:~:;.;;;.r~~
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing Plaintiff's First Arnended Complaint in Divorce
was served on the following person(s). First class mail, postage prepaid, by forwarding a true and correct
copy unto:
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
Date: 71fr6!q.,
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SfP 24 1995 ~
v
:IN 'l'HB COUR'l' OF COMMON PLEAS OF
:CUMBBRLAND COUN'l'Y, PBNNSYLVANIA
:
:NO. 1578 - CIVIL - 1994
BARRY A. GORDON,
PlaintUf
.
.
RONDA F. GORDON,
Defendant
:
:CIVIL AC'l'ION - CUS'l'ODY
CO(1R!l' ORDER
AND NOW, this (;\,~ day of ~ . , 1995, the Concil1ator
being advised that the parties ave reached an agreement in this
case, the Conciliator relinquishes all jurisdiction.
Hubert x. Gilroy,
Custody Conciliat
"""
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 1578 CIVIL
BARRY A. GORDON,
Plaintiff
RONDA F. GORDON,
Defendant
IN DIVORCE
1998, a
ORDER O~OURT
AND NOW, this ~ day of ~w;,
divorce decree having been entered previously on
,
June
29, 1995, and the economic claims raised in the proceedings
having been resolved in accordance with a property settlement
and separation agreement dated July 21, 1997, the appointment of
the Master is vacated.
BY THE COURT,
co:
Wayne F. Shade
Attorney for Plaintiff
ffer, P.J.
James J. Kayer
Attorney for Defendant
<.:.~..."'~ ~/IIc/qg.
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PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT, made this ~J~
day of ~
Pennsylvan a, by and
,
1997, at Carlisle, cumberland County,
between RONDA F. GORDON of 131 Gordon Drive, Carlisle,
Pennsylvania 17013 (hereinafter referenced as "Wife")
AND
BARRY A. GORDON of 41 Gordon Drive, Carlisle, Pennsylvania 17013
(hereinafter referenced as "Husband").
ARTICLE I
SEPARATION
1.01 Separation of Parties. Differences have arisen
between the parties as a result of which they have been living
separate and apart since June of 1991. Although the parties have
been divorced from the bonds of matrimony, they are referenced
herein as Wife and Husband.
1.02 Intention to Live Apart. The parties intend to
maintain separate and permanent domiciles and to live apart from
each other. It is the intention and purpose of this Agreement to
set forth the respective rights and duties of the parties while
they continue to live apart from each other and to settle all
financial and property rights between them.
ARTICLE II
ENFORCEABILITY AND CONSIDERATION
l
2.01 Eauitable Distribution of Marital Propertv. The
parties have attempted to divide their marital property in a
manner which conforms to the criteria set forth in 5401 of the
i
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f
Pennsylvania Divorce Code, and taking into account the following
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considerations: Any prior marriages of the parties; ~he age,
health, station, amount and sources of income, vocational skills,
employability, estate, liabilities and needs of each of the
parties; the contributions of each party; the opportunity of each
party for future acquisition of capital assets and income; the
sources of income of each pa~ty, including, but not limited to,
medical, retirement, insurance or other benefits; the
contribution or dissipation of each party in the acquisition,
preservation, depreciation or appreciation of marital property,
including the contribution of each party as homemaker; the value
of the property set apart to each party; the standard of living
of the parties established during the marriage; and the economic
circumstances of each party at the time the division of property
is to become effective.
The division of existing marital property is not intended by
the parties to constitute in anyway a sale or exchange of assets,
and the division is being effected without the introduction of
outside funds or other property not constituting marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
the parties.
2.02 consideration and Enforceabilitv. Unless otherwise
set forth herein and except as to issues of child support and
child custody, this Agreement shall forever be binding and
conclusive on the parties; and any independent action may be
brought, either at law or in equity, to enforce the terms of this
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,
, ,
Agreement by either Husband or Wife until it shall have been
fully satisfied and performed. Any provisions herein concerning
property rights, shall not be modifiable. The considerations for
this Agreement are the mutual benefits to be obtained by both of
the parties hereto and the covenants and agreements of each of
the parties to the other. Tre adequacy of the consideration for
all agreements herein contained is stipulated, confessed and
admitted by the parties, and the parties intend to be legally
bound hereby.
ARTICLE III
EQUITABLE DIVISION OF MARITAL PROPERTY
3.01 Eauitable Division of Real Prooertv.
(a) The unimproved real estate of the parties located near
Possum Lake shall remain in joint ownership pending further
agreement of the parties or Order of Court. Upon future
liquidation of the property, the net proceeds thereof after
payment of the customary expenses of sale shall be divided
equally between the parties hereto.
(b) Husband will purchase Wife's share of the marital
dwelling "as is" for $19,750 with closing to be held within sixty
days from the date of the Agreement.
Husband will lease the property back to Wife at a monthly
rental of $1 plus one-twelfth of the annual real estate taxes and
one-twelfth of the annual casualty insurance premiums. Wife will
be responsible for all utilities which she will consume during
her occupancy. Wife will have the option but not the obligation
3
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to continue to lease the property on these terms until the
graduation of the son of the parties from high school.
Wife would only be required to make repairs to the premises
if the repairs were necessitated by the negligence or intentional
damage of herself or of persons whose actions could be lawfully
imputed to her.
(c) The execution of this Agreement will effect a division
of all real estate of the parties into tenancy in commoh on the
basis of equal ownership. Wife's share would not then be
responsible for any liens against Husband, and Husband's share
would not be responsible for any liens against Wife.
3.02 Equitable Division of Personal Property.
(a) The furniture, household goods and other similar
untitled personal property as well as the bank ac~ounts and
automobiles of the parties have been divided to the mutual
satisfaction of the parties hereto, and each ~f the parties
retains absolute ownership of such items in his or her possession
or control at the date of this Agreement. The property shall be
deemed to be in the possession or under the control of either
party if the item is physically in the possession or control of
the party at the time of the signing of this Agreement.
(b) At closing on sale of Wife's interest in the marital
dwelling to Husband, Husband shall pay to Wife the sum of
$2,600.00 representing fifty (50%) percent of the date of
separation present value of Husband's employee pension.
4
(c) The parties will execute and deliver any documents
necessary to formally release their rights and all claims to the
life insurance of the other.
ARTICLE IV
DEBTS OF PARTIES
4.01 Loans. There are no outstanding foint loan
Obliqations.
4.02 post-Seoaration Obliqations. Each party represents to
the other that since the separation neither party has contracted
for any debts for which the other will be responsible. Each
party indemnifies and holds harmless the other for all
obliqations separately incurred or assumed under this Article IV.
ARTICLE V
CHILDREN
5.01 custodv. Custody of Ryan J. Gordon, born June 24, ,
1980, shall be in accordance with the agreem~nt of the parties or
Order of Court.
5.02 Suooort. So long as Wife maintains exclusive
possession of the marital residence, Husband's child support
obligation for Ryan shall be limited to $45 per week. Husband
shall also maintain upon the children for as long as possible
such health insurance as is provided by his employer.
5.03 Education. In consideration of Wife's waiver of
alimony, Husband will agree to pay one-half of the college
tuition and room and board at the college of the choice of both
.
'children of the parties for Gwendolyn'S remaining two years and
5
ARTICLE VI
ALIMONY
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Ryan's four years without any age limitation on when those four
years of college would be completed. Husband's obligation for
educational support shall not exceed one-half of the college
tuition and room and board.
5.04 Uninsured Medical Exoenses. Any uninsured medical
expenses of the children, wh~le they remain covered through
Husband's employer, shall be paid by the parties hereto in direct
proportion to their relative net incomes for child support
purposes, but before adjustment for child support payments paid
and received.
6.01 Oualified Waiver. Each of the parties waives alimony
generally; however, any obligations assumed by the parties under
this Agreement as to which benefits flow to the other spouse .
shall be payable as alimony for the purposes .of enforcement and
so as to constitute an exception to discharge in bankruptcy but
will not be deductible by the payor or taxable to the payee for
income tax purposes.
ARTICLE VII
COUNSEL FEES
7.01 Present Fees. In the event of amicable settlement of
all marital issues, each of the parties hereby assumes his and
her own counsel fees up to and including the date of the Decree
in Divorce.
6
7.02 Counsel Fees After Divorce. The parties a~ree with
respect to counsel fees incurred after the divorce, as follows:
(a) In the event that future legal proceedings of any
nature may be necessary for the interpretation or enforcement of
this Agreement or any valid modifications hereof, the prevailing
party shall be entitled to r~asonable counsel fees incurred.
(b) Reasonable counsel fees hereunder shall be defined as
reasonable hours expended at the then hourly rate of counsel for
the prevailing party.
(c) Such counsel fees shall extend to any independent
proceedings necessary to collect counsel fees or to enforce any
other judgment or decree in connection with this Agreement.
(d) Such counsel fees shall be payable as alimony so as to
constitute an exception to discharge ~n bankruptcy but shall not
be deductible by the payor or taxable to the payee for income tax
purposes.
ARTICLE VIII
GENERAL PROVISIONS
8.01 Income Tax Conseauences. The parties have heretofore
filed joint federal and state income tax returns. Both parties
agree that in the event any deficiency in federal, state or local
income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnify and hold harmless the
other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense
incurred in connection therewith. Such tax, interest, penalty or
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"
expense shall be paid solely and entirely by the indi~idual who
is finally determined to be responsible for the deficiency or
assessment. Except as otherwise set forth herein, any income tax
incidents of any kind imposed by virtue of any transfers of
assets or other payments required under this Agreement will be
the responsibility of the tr~nsferee.
8.02 General Release of All claims. Each party hereto
releases the other from all claims, liabilities, debts,'
obligations, actions and causes of action of every kind that have
been incurred relating to or arising from the marriage between
the parties. However, neither party is relieved or discharged
from any obligation under this Agreement or any other instrument
or document executed pursuant to this Agreement.
8.03 Subseauent Divorce. Nothing herein co~tained will be
deemed to prevent either of the parties from maintaining a suit
for absolute divorce against the other in any jurisdiction based
upon any past or future conduct of the other, nor to bar the
other from defending any such suit. In the event any such action
is instituted or concluded, the parties will be bound by all of
the terms of this Agreement.
8.04 Waiver of Estate Claim. In the event of the death of
either party prior to the issuance of a Decree in Divorce, the
Property Settlement and Separation Agreement would survive the
death; and all property, whether jointly or separately owned,
would be divided under the terms of the agreement between the
estate of the decedent and the surviving spouse as though the
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Decree had issued prior to the death. Except as other~ise herein
provided, in the event of the death of either party hereto, each
party hereby waives, releases and relinquishes any and all rights
that he or she may have or may hereafter acquire as the other
parties' spouse under' the present or future laws of any
juriSdiction, as follows:
(a) to elect to take against the will or codicils of the
other party now or hereafter enforced;
(b) to share in the other parties' estate in cases of
intestacy; and
(c) to act as executor or administrator of the other
parties' estate.
8.05 No Debts and Indemnification. Each party represents
and warrants to the other that he or ~he will not incur any debt,
obligation or other liability, other than those already described
in this Agreement, on which the party is or may be liable. Each
party covenants and agrees that if any claim, action or
proceeding is hereafter initiated seeking to hold the other party
liable for any other debt, obligation, liability, act or omission
of such party or for any obligation assumed by a pa~ty hereunder,
the party liable will, at his or her sole expense, defend the
other against any claim or demand, whether or not well-founded,
and that he or she will indemnify and hold harmless the other
party in respect to all damages resulting therefrom. The
obligation created hereunder will be payable as alimony so as to
constitute an exception to discharge in bankruptcy.
9
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S.06 Full Disclosure. Each party asserts that he or she
has made a full and complete disclosure of all of the real and
personal property of whatsoever nature and wheresoever located
belonging in anyway to each of them, of all sources and amounts
of income received or receivable by each party, and of every
other fact relating in anyway to the subject matter of this
Agreement. These disclosures are part of the considerations made
by each party for entering into this Agreement.
S.07 ~iqht to Live Seoaratelv a~d Free from Interference.
Each party will live separately and apart from the other at any
place or places that he or she may select. Neither party will
molest, harass, annoy, injure, threaten or interfere with the
other party in any manner whatsoever. Each party may carryon
and engage in any employment, profess~on, busines~ or other
activity as he or she may deem advisable for his or her sole use
and benefit. Neither party will interfere with the use,
ownership, enjoyment or disposition of any property now owned or
hereafter acquired by the other.
8.08 Aqreement Voluntarv and Clearlv Understood. Each
party to this Agreement acknowledges and declares that he or she,
respectively:
(a) Is fully and completely informed as to the facts
relating to the subject matter of this Agreement and as to the
rights and liabilities of both parties;
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.
(b)
Enters into this Agreement voluntarily after receiving
. .
the advice of independent counselor, having had the opportunity
to do so, having decided not to do so;
(c) Has given careful and mature thought to the making of
this Agreement;
(d) Has carefully read. each provision of this Agreement;
and
(e) Fully and completely understands each provisibn of this
Agreement, both as to the subject matter and legal effect.
8.09 Compliance. The parties will execute and deliver,any
documents necessary to formally conclude any of their obligations
under the terms of this Agreement to each other.
8.10 Default. If either party fails in the due performance
of any of his or her material obligations hereunder, the party
not in default will have the right.to act against the other, at
his or her election, to sue for damages for breach hereof, or to
rescind this Agreement or seek such other legal remedies as may
be available to either party. Nothing herein shall be construed
to restrict or impair either party in the exercise of this
election.
8.11 Amendment or Modification. This Agreement may be
amended or modified only by a written instrument signed by both
parties.
8.12 Successors and Assiqns. This Agreement, except as
otherwise expressly provided herein, will be binding on and inure
to the benefit of the respective legatees, devisees, heirs,
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executors, administrators, assigns and successors in interest of
the parties.
8.13 Law Governinq Aqreement. This Agreement will be
governed by and will be construed in accordance with the laws of
the Commonwealth of Pennsylvania in effect at the date of
execution hereof.
8.14 Reconciliation. In the event of reconciliation,
attempted reconciliation or other cohabitation of the parties
hereto after the date of this Agreement, this Agreement shall
remain in full force and effect in the absence of a written
Agreement signed by both parties hereto expressly setting forth
that this Agreement has been revoked or modified.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals, intending to be legally bo~nd hereby, the
day and year first above written.
Signed, Sealed and Delivered
in t e Presence of:
~~ a. .~. I
Barr~ A. Gordon
(SEAL)
'if;dfl/ ;fi.~w
R nda F. Gordon '
(SEAL)
r:: -"1-'~~
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
On this, the.J (
day of i:}/~
, 1997". before
me, the undersigned officer, personally appeared BARRY A. GORDON,
known to me (or satisfactorily proven) to be the person whose
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me, the undersigned officer,
of l'7
person lly appeared
, 1997, before
.
, .
.
name is subscribed to the foregoing Agreement and acknowledged
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
~~
Notary PUblic
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the /J Jd day
)
) SS:
)
RONDA F. GORDON,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the foregoing Agreement and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
c .~~.~~
Notary PU lic
Notarial Seal
Connie J. Trill. Notary Public
I Carlisle, Cumberland Counly
~~~Issfon Expires Oct. 5, 2000
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