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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA.
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LEN;rTAH Il., 1l)!~LAP,
,Plaintiff,
CIVIL ACTION - LAW
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BARRY DUNLAP,
IN DIVORCE
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Defendant
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DECREE IN n
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. . ,h b , . , , . , . " 19 ,9.7. , , ., it is ordered and
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AND NOW,
decreed that ......... ..~N.I:r:~ ,~...~~N,~~ . , . , . .. . , .. .. , .. , .. , , , " plaintiff,
and,......"....... ...~~\W'f,J;l\l~J..~r.....,..,....".,...,...." defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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LENITA D. DUNLAP, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
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VB. NO. 94 - 2193 CIVIL
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BARRY DUNLAP, :
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this
rr-/-J
'2.. '> day
of J-{/\.A.A
,
1997, the economic claims raised in the proceedings having been
resolved in accordance with a marriage settlement agreement
dated April 18, 1997, the appointment of the Master is vacated
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
BY THE COURT,
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. She ly, P.J.
cc:
Rebbecca R. Hughes
Attorney for Plaintiff
Hubert X. Gilroy
Attorney for Defendant
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MARRIAGE SETTLEMENT AGREEMENT
F- .JL.-n
THIS AGREEMENT made this /8- day of(~ ,1991/, by and
between BARRY DUNLAP (hereinafter referred to as "HUSBAND") and LENITA D.
DUNLAP, (hereinafter referred to as "WIFE").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on October 2, 1976, and
separated on May 13, 1994; and
WHEREAS, diverse, unhappy.differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and fmally their
respective financial and property rights and obligations as between each other, including, without
limitation by specification; the settling of all matters between them relating to the ownership and
equitable distribution of real and personal property; the settling of all claims and possible claims
by one against the other or against their respective estates and equitable distribution of property
and alimony for each party.
The parties hereto agree and covenant as follows:
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1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent 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.
2.
The parties have attempted to divide their matrimonial property in a manner which
confonns to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights,
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets,
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
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The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The 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,
Each party to the Agreement acknowledges and declares that he or she,
respectively:
(I) is represented by counsel of his or her own choosing;'
(2) is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) enters into this Agreement voluntarily after receiving the advice of counsel;
(4) has given careful and mature thought to the making of this Agreement;
(5) has carefully read each provision of this Agreement; and
(6) fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
This Agreement shall become effective immediately as of the date of execution,
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
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assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each Party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property l.ot constituting a part of the marital estate.
It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6,
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or s~e has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent of the other.
Each Party acknowledges that, to the extent desired, he or she ha~ had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marriage.
7.
REAL ESTATE: WIFE hereby agrees to waive all right, title and interest which she
may have in marital residence located at 416 Newville Road, Newburg, Cumberland County,
Pennsylvania, and HUSBAND hereby agrees to make a good faith effort to sell said residence by
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listing said property with a reputable real estate agent within five (5) days from the execution of
this Agreement. HUSBAND shaU pay to WIFE the sum of Fifteen Thousand DoUars and no/IOO
($15,000.00) either out of the proceeds of the sale of the residence at the: time of settlement, or
within one (I) year from the date of the execution of this Agreement, whichever occurs first. In
the event HUSBAND does not pay the sum of Fifteen Thousand DoUars and no/l00
($15,000,00) to WIFE within eight (8) months from the execution of this Agreement, then
interest in the amount of 7% per annum shaU accrue until said payment is made to WIFE, WIFE
shaH sign a deed to said property within five (5) days of the execution of this Agreement, and
within five (5) days of the execution of this Agreement, HUSBAND shall execute a mortgage in
favor of WIFE in the amount of Fifteen Thousand DoUars and no/IOO (SI5,OOO.00) to be paid
within one (I) year from the execution of this Agreement. Said mortgage shaU be recorded in the
Cumberland County Recorder of Deeds against said property. Until said property is sold,
HUSBAND agrees to be solely responsible for aU mortgages against said property, and agrees to
indemnify WIFE and hold WIFE harm}ess against said debt. If the property is not sold within
one (1) year from the execution of this Agreement, HUSBAND agrees to refinance aH mortgages
currently encumbered against said property to remove WIFE's name from the same, said
refinance to be completed within one (I) year from the execution of this Agreement.
8.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay support to the WIFE. WIFE will not provide any financial support to the HUSBAND. The
parties also waive any right they have to receive alimony payments from the other following the
entry of the Divorce Decree in this matter.
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9.
PERSONAL PROPERTY: The parties agree that the personal property has been
divided to the parties mutual satisfaction.
The WIFE hereby waives all right and title which she may have in any personal property
of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal
property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently
of any claim or right of the other party, all items of personal property of every kind, nature and
description and wherever situated, which are then owned or held by or which may hereafter
belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of
same as fully and effectually, in all respects and for all purposes as ifhe or she were unmarried.
10.
AUTOMOBILES:
a.) WIFE agrees to convey any and all interest which she may have in the 1982 Ford
Bronco II to HUSBAND. HUSBAND shall be responsible for any and all
insurance on said vehicle, and any and all payments associated with the purchase of
said vehicle,
b.) HUSBAND agrees to convey any and all interest which he may have in the 1986
Ford Aero Star to WIFE, and shall transfer said interest to WIFE within ten (10)
days from the date of this Agreement. WIFE shall be responsible for any and all
insurance on said vehicle, and any and all payments associated with the purchase of
said vehicle.
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11.
MARIT AL DEBTS: It is further mutually agreed by and between the parties that WIFE
shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by
WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or incurred any debt or liability for which
HUSBAND or his estate might be responsible and WIFE further represents and warrants to
HUSBAND that she will not contract or incur any debt or liability after the execution of this
Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and
save HUSBAND harmless from any and all claims or demands made against him by reason of
debts or obligations incurred by her,
HUSBAND hereby agrees to pay the balance of the debt to Dutter's Food. HUSBAND
shall assume all liability for and pay and indemnify the WIFE against all debts incurred by
HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since
the parties' marital separation he has ~ot contracted or incurred any debt or liability for which
WIFE or her estate might be responsible and HUSBAND further represents and warrants to
WIFE that he will not contract or incur any debt or liability after the execution of this
Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and
save WIFE harmless from any and all claims or demands made against her by reason of debts or
obligations incurred by him.
Pursuant to Paragraph Seven (7) of this Agreement, HUSBAND shall assume
responsibility and hold WIFE harmless for the marital mortgage which is currently encumbered
against the marital residence.
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12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
WIFE waives all right, title and claim to HUSBAND's employee bc:nefits, and HUSBAND
waives all right, title, and claim to any of WIFE'S employee benefits.
13,
BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND, and HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE,
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage, It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
IS.
BREACH: If either party breaches any provisions of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, The party breaching this contract shall be
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responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16,
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowlcdge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
17,
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have either been fully explained to the parties by their respective counsel, or have been fully
reviewed and understood if not represented by counsel, and each party acknowledges that the
Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the
result of any duress or undue influence, The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such time as a fmal
Decree in Divorce may be entered with respect to the parties, The parties further agree that the
terms of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them. It is the parties' intent that this Agreement does not merge with the Divorce
Decree, but rather shall continue to have independent contractual significance. Each party
maintains his or her contractual remedies as well as court ordered remedies as the result of the
aforesaid incorporation or as otherwise provided by law or siatute. Those remedies shall include,
but not be limited to, damages resulting from breach of this Agreement, specific enforcement of
this Agreement and remedies pertaining to failure to comply with an order of court or agreement
pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set
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forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or
hereafter enacted.
18,
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
19.
APPLICABLE LAW: This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
20.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: The parties agree to pay for their own costs, including
attorneys fees, required to obtain and complete the divorce,
22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
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relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's
n1lowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at the request of the other, execute,
acknowledge and deliver any and all inslnlments which may be necessary or advisable to carry
into effect this mutual waiver and relinquislunent of all such interests, rights and claims.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
O)t!-XJ
dzf~;Ir; Ii! iLd~(SEAL)
LENITA D. DUNLAP .
~,j;{JG
(SEAL)
II
COUNTY OF CUMBERLAND
st
PERSONALLY APPEARED BEFORE ME, thisd.L: day of
1991. a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, LENITA D, DUNLAP, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF,l have hereunto set my han~ and ~fficial seal.
..... . ..
COMMONWEALTH OF PENNSYLVANIA
: SS:
NetanO' s.al r
.Una L Drawoa"gh, Notary Pub Ie
J~lsla Bora, ~~mb.;~~~.~~U~~gg
My CommIsSIOn =p". '.
MerrlJ6<, p~j\SsociaIIOllal~
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this 12i'>Lday of~L
19;J? a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, BARRY DUNLAP, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he
executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
-3()" d '4:-A
Notarial Seal
Sherrl L Murphy, Notary Pu~lIc
Carlisi. eoro, Cumberland County
My Commission !:>pires Jan. 4, 1999
12
BARRY DUNLAP,
Defendant
IN DIVORCE
LENITA D. DUNLAP,
PlalntllT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
94-2193 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following infonnation, to the court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2, Date and manner of service of the complaint: On or about May 2.1994, the defendant
was served with a certified copy of the divorce complaint by certified, restricted delivery mail.
addressed to him at 416 Newville Road. Cumberland County. Pennsylvania 17240. Return
Receipt Number P S52 475 26S,
3, Date of execution of the affidavit of consent required by Section 3301(c) of the
Divorce Code: .
By the plaintiff:
April 28. 1997
By the defendant:
April IS. 1997
4, Related claims pending: None
REBECCA R. GH
Attorney for Plaintiff
Date: May 13, 1997
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
LENITA D. DUNLAP,
PLAINTIFF
CIVIL ACTION - LAW _ --r:.
Ala, q t.J - tJ. I q 3 {lU...:.l ( UwtV
NO. CIVIL 1994
v.
BARRY DUNLAP,
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 ~y 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
visitation of your children,
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling,
A list of marriage counselors is available in the Office of the
Prothonotary 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
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
AT ONCE. IF YOU
OR TELEPHONE THE
GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
I Courthouse Square
Carlisle, Pennsylvania 17Ul3
Phone 17171 ~4U-6~UU
8, Neither Plaintiff nor Defendant is in the
naval service of the United States or its allies
provisions 01' the Soldiers' I< Sailors' Civil Relief
Congress of 1940 and its amendments.
military or
within the
Act of the
.
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
LENITA D. DUNLAP,
PLAINTIFF
v.
CIVIL ACTION - LAW
9'1- oJ I ';3 &vJ ,.u-
NO. CIVIL 1994
BARRY DUNLAP,
DEFENDANT
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF DIVORCE CODE
1. Plaintiff is Lenita D. Dunlap, who currently resides at
416 Newville Road, Newburg, Pennsylvania, siuce March 1979.
2, Defendant is Barry Dunlap, who currently resides at 416
Newville Road, Newburg, Pennsylvania, since March 1979.
3, Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six (6) months immediately previous
to the filing of this Complaint.
4, The Plaintiff and Defendant were married on October 2,
1976 in Newburg, Cumberland County, Pennsylvania.
5, There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available
and that Plaintiff may have the right to request that the court
require the parties to participate in counseling.
9. Plaintiff requests the court to enter a decree of
di\'orce.
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I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. Section 4904, relating
to unsworn falsification to authorities.
Date: u;;d cJ~~/C;9t/
~~ i/ iLa#
enita D. Dunlap,
Plaintiff
~:JA,rt0iLl
Richard L. Webber, Jr. r
Attorney for Plaintiff
11 West Big Spring Avenue
P.O. Box 40
Newville, PA 17241
(717) 776-6566
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
.
LENITA D. DUNLAP,
PLAINTIFF
CIVIL ACTION - LAW
V.
NO. 94-2193 CIVIL TERM
BARRY DUNLAP,
DEFENDANT
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
Richard L. Webber, Jr" being duly sworn according to law,
deposes and says that he mailed the Complaint in Divorce in this
matter by certified mail, return receipt requested, addressee
only, to the Dcfendnnt, BARRY DUNLAP, of ~!6 Newville Road,
Newburg, Pennsylvnnia 172.10 on April :n, 199~, The return
receipt signed by the Defendant is evidence of delivery to 416
Newville Road, Newburg, Pennsylvania and is attached hereto as
Exhibit "A",
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Richard L, Webber, Jr,
for Plninli 1'1'
11 W. Hig Spring Avenue,
P .0, Box 4 ()
Newville, PA 17241
1717) 776-656li
Sworn to and subscribed befort'
me this U J- day of
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/f) /. L h - HELEN B. SHULENBERGEA
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IN THE COURT OF COMMON PLEAS FOil
CUMBERLAND COUNTY, PENNSYLVANIA
LENITA D. DUNLAP,
PLAINTIFF
CIVIL ACTION - LAW
V.
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NO. ~4-21~J CIVIL TERM
BARRY DUNLAP,
DEFENDANT
IN DIVORCE
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'1 3. ArtlcIl Addrllled to:
Mr, Barry Dunlap
416 Newville Road
Newburg, PA 17240
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~r. Barr Dunlap
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V.
:IN THE COURT OF COMMON PLEAS FOR
:CUMBERLAND COUNTY, PENNSYLVANIA
LENITA D. DUNLAP,
Plaintiff
.
.
:NO. 94 - 2193 CIVIL TERM
.
.
BARRY DUNLAP
Defendant
:IN DIVORCE
.
.
TO: Plaintiff, Lenita D. Dunlap
c/o Richard L. Webber, Jr., Esquire
366 Green Spring Road
P.O. Box 40
Newville, PA 17241-0040
You are hereby notified that you must respond to the attached
counterclaim within 20 days or default judgment may be entered
against you.
dUDlap.oca
LENITA D. DUNLAP,
Plaintiff
:IN THE COURT OF COMMON PLEAS FOR
:CUMBERLAND COUNTY, PENNSYLVANIA
V.
.
.
:NO. 94 - 2193 CIVIL TERM
:
BARRY DUNLAP
Defendant
:IN DIVORCE
.
.
ANSWER. TO COMPLAINT AND COUNTERCLAIM
Defendant, Barry Dunlap, by his attorneys, Broujos, Gilroy &
Houston, P.C., sets forth the following in response to the
complaint in divorce filed in the above matter:
1.
Admitted in part and denied in part. Admitted that Plaintiff is
Lenita D. Dunlap.
Denied that her address is as pled in the
complaint. Her current address is P.O. Box 125, Shippensburg, PA
17257.
2.
Admitted.
3.
Admitted.
4.
Admitted.
5.
Admitted.
6.
Admitted.
7.
Admitted.
8.
Admitted.
9.
Admitted.
WHEREFORE, Defendant requests your Honorable Court to enter an
Order divorcing him from the Plaintiff.
COUN'l'ERCLAIM
10.
The allegations set forth above in paragraphs 1 through 9 are
incorporated herein by reference thereto.
11.
The marriage between the parties is irretrievably broken. In the
alternative, the Plaintiff has offered such indignities to the
Defendant, her innocent and injured spouse, as to render his
condition intolerable and life burdensome.
12.
The parties possess various items of marital property which are
subject to equitable distribution.
WHEREFORE, Defendant requests your Honorable Court as follows:
A. Enter an Order divorcing Defendant from the Plaintiff.
B. Equitably dividing the marital property of the parties.
C. Such other relief as the Court may deem appropriate.
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Hu art X. G lr , Esqu~re
Attorney Eor Eendant
Broujos, Gilr. y & Houston, P.C.
4 North Hano er Street
Carlisle, PA 17013
I verify that the statements made in the foregoing document are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 PA. C.S. Section 4904 relating
to unsworn falsification to authorities.
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ARRY D '
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LENITA D. DUNLAP,
PlalntllT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: CIVIL ACTION - LAW
Defendant
: 94-2193 CIVIL TERM
: IN DIVORCE
BARRY DUNLAP,
PRAECIPE TO ENTER AN APPEARANCE
TO LA WRENCE E. WELKER:
Please enter my appearance on behalf of the plaintiff, Lenita D. Dunlap and remove
Richard L, Webber, Jr. as attorney in this matter,
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By: REBECCA R. HUG E
Attorney for plaintiff
Supreme Court ID No. 67212
60 West Pomftet Street
Carlisle, PA 17013
(717) 249-2353
July 19, 1996
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By: RICHARD L. WEB~
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LENITA D. DUNLAP,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNlY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
94-2193 CIVIL TERM
BARRY DUNLAP,
Defendant
IN DIVORCE
AFFlDA VIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301{c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
26, 1994,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing of the Complaint.
3, I consent to the entry of a final Decree of Divorce without notice,
4, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted,
5, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary,
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C,S. Section 4904 relating to
unsworn falsification to authorities,
Date: April 28tb, 1997
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LENITA D. DUNLAP ,
Plaintiff
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LENITA D. DUNLAP,
PlaintilT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
94-2193 CIVIL TERM
BARRY DUNLAP,
Defendant
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The Plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I may
request that the court require that my spouse and I participate in counseling,
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3, Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down,
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C,S. Section 4904 relating to
unsworn falsification to authorities.
Date: April 28th , 1997
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LENITA D. DUNU
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION. LAW
94-2193 CIVIL TERM
BARRY DUNLAP,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April
26, 1994,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing of the Complaint.
3, I consent to the entry of a final Decree of Divorce without notice.
4, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
S, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary,
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C,S, Section 4904 relating to
unsworn falsification to authorities,
11
Date: April ! g , 1997
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I RRY DUNLAP
Defendant
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LENITA D. DUNLAP,
PlaintilT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
94-2193 CIVIL TERM
BARRY DUNLAP,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I may
request that the court require that my spouse and I participate in counseling,
2, I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3, Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa, C,S, Section 4904, relating to
unsworn falsification to authorities,
.,t..,
Date: April~, 1997
~~~
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r~ THE COURT OF COHMON PLEAS OF
ct'liBERL\ND COmlTY, l?EmlSYLVANIA
LENITA D. DIlNI.AP.
CIVIL ACTION - LAW
l?laineiff
vs.
BARRY DUNLAP.
Defendant
~O.94-2193 CIVIL TERM
19
~OTION FOR APPO r.lTl1ENT OF llAST::R
(Plaineiff) (..t..~..~),
following claims:
moves ehe coure eo appoint
LENITA D. DUNLAP.
a master with respect to the
( X) Divorce
( ) Annulmen t
( ) Alimony
( ) Alimony l?endente
Lite
(X)
( )
( )
( )
Distribution of l?roperty
Support
Counsel Fees
Costs and E.."qlenses
and in support of the moeion states:
(1) Discovery is complete as to the claims(s) for ~hich the
appoincneIlt of a master is requested.
(2) The defendant (has) (has not) appeared in
(by his attorney, HUBERT X GILROY
(3) The staturory ground(s) for divorce (is)
THAN TWO (2) YEARS
(4)
the action (personally)
,Esquire) .
(are) SEPARATION OF MORR
Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has oeen reached with respect to the
NIA
(c) The action is contested with respect :0 the following
claims: DISTRIBUTION OF PROPERTY
(5) The action (involves) (~) comple:t issues of law
follOWing cla:Uns:
or face.
(6) The hearing is c.'Cpeceed eo take ONE (~ (days).
(7) Additional infor.nation. if any, relevane to the ~otion:
i10~~~~~~7if#P
(Defendane)
ORDER APPOI~T!~G :'!..0.5T::R
....'lD ~OW ~ -L L L<-' ')L ,19l. i- <CI-''".; '--I
is appointed master' th respect to the following claims:
Date: Julv 19. 1996
t"' I
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Bv the Court: I
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LENITA D. DUNLAP,
Plain tilT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACfION - LAW
NO. 2737 CIVIL 1993
BARRY DUNLAP,
Defendant
.
.
IN DIVORCE
PRE-TRIAl. STA TEMENT
AND NOW comes the plaintiff, LENITA D. DUNLAP. by and through her attorneys,
Irwin, McKnight & Hughes, Esquires. and files this Pre-Trial Statement as required by Rule
1920,33 of the PA Rules of Court. setting forth as follows:
L MARITAL ASSETS
See Inventory and Appraisement attached as Exhibit "A."
n EXPERT WITNESSES
A. Possibly will have expert witnesses regarding value of marital real estate and
defendant's pension.
m. WITNESSES
A At this time, the only anticipated witness is the plaintiff.
IV. EXHIBITS
A. InventolY and Appraisement (which may include appraisals)
B, Expense Statement
V. INCOME AND EXPENSES
A. Attached as EKhibit "B,"
VI. PENSION
The defendant has a pension with his current employer. Attempts have been made to
obtain a date of separation statement from defendant's counsel, but none has been received.
vn. MARITAL DEBT
See EKhibit "A" (Inventory and Appraisement) for a list of marital debt.
IX. PROPOSED RESOLUTION
The plaintiff in this action is requesting that the value of the personal property acquired
during the marriage divided between the parties with the plaintiff receiving 55% of the assets, In
reviewing the elements detennining distribution of the marital property, plaintiff feels that her
eal1:ing capacity is lower, as well as her ability to acquire assets in the future,
The plaintiff has attempted in the past to obtain pension information from the defendant so
as to make an informed proposal for settlement. The Pre-Trial Statement filed by the defendant's
attorney indicating some values for the pension and stock are the only values received, If
statements for these values are received, as well as either an appropriate appraisal or stipulation
for the value of the marital property received, an agreement could be reached between the parties,
2
Respectfully submitted,
mWIN, mWIN & McKNIGHT
By:
Rebecca R. Hughes, Esquire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D, No, 67212
Attorney for Plaintiff, Lenita D, Dunlap
Date: August 23,1996
3
MARITAl. PROPERTY
'tem No.
Value a.~ of
Date Action
Commenced
Descriotion
of Prooerlv
Names of All Cost or
O",ners Value as of
Date of
Acquisition
1. MOBll..E HUSBAND
HOME & WIFE
2. REAL HUSBAND
ESTATE & WIFE
3. PERSONAL HUSBAND
PROPERTY & WIFE
4. 1982 FORD
BRONCO n
S. 1986 FORD
AERO STAR
Present
Value
Amount of
Lien
INCOME AND EXPENSES STATEMENT OF
LENlT A D, DUNLAP
INCOME
(a) Wages/Salary
Employer & Address FRANKLIN CLOTHING CO,
Job Title/Description _LABORER
Pay Period (weekly, bi-weekly, monthly)
Gross Pay per Pay Period,..........,APPROXIMATEL y,....,....,..,..........,..$
Payroll Deductions:
Federal Withholding
Social Security
Local Wage Tax
State Income Tax
Retirement
Health Insurance
Other ( specify)
$
$
$
$
$
$
$
$
$
Net Pay per Pay Period...................,..........,...,......,................,.....,$ 2QO,QOIWK
(b) Other Income Week Month Year
InterestlDividends $ $ $
Pension! Annuity $ $ $
Social Security $ $ $
RentsIRoyalties $ $ $
Expense Account $ $ $
Gifts $ $ $
Unemployment Compensation
$ $ $
Workmen's Comp $ $ $
Total, Other Income $ $ $
INCOME AND EXPENSE STATEMENT OF
I yerilY that the statements made in this Income and Expense Statement are true and correct I understand that
false statements herein are made subject to the penalties of 18 Pa,C,S, 4904 relating to unsworn falsification to
authorities,
Dale:
Plaintiff or Defendant
EXPENSES Household Child Household Child
Week Week Month Month
Home
Mortgage/Rent $ $ $ 200,00
Maintenance $ $ $ $
Utilities (telephone, heating
electric, etc.) $ $ $ 125,00
Employment (transportation, lunches)
$ $ $ $
Taxes
Real Estate $ $ $ $
Personal Property $ $ $ $
Income $ $ $ $
Insurance
Homeowners $ $ $ $
Automobile $ $ $ 50,00
Life! AccidentlHealth
$ $ $ $
Other $ $ $ $
Automobile (payments, fuel, repairs)
$ $ $ 60.00
Medical
Doctor, Dentist, Orthodontist
$ $ $ $
Hospital $ $ $ $
Special (glasses, braces, etc.)
$ $ $ $
Education
Private, Parochial School
$ $ $ $
College $ $ $ $
Personal
Clothing $ $ $ 75,00
Food $ $ $ 250.00
Other (household supplies, barber, etc.)
$ $ $ $
Credit payments and loans
$ $ $ 125,00
Miscellaneous
Household help/child care
$ $ $ $
Entertainment (inc. papers, books, vacation, pay TV, etc.)
$ $ $ $
Gifts/Charitable contributions
$ $ $ $
Legal Fees $ $ $ 80,00
Other child support/alimony payments
$ $ $ $
Other (specifY) , $ $ $ $
Total Expenses $ $ $ $
PROPERTY OWNED Ownership*
Description Value H W J
Checking Accounts $
$
Savings Accounts $
$
Credit Union $
$
StocksfBonds $
$
Real Estate $
$
Other $
$
Total Property $
Coverage
INSURANCE Company Policy No, H W C
Hospital
Medical
Health! Accident
Disability Income
Other (dental, etc,)
(*H-Husband, W-Wife, J-Joint, C-Child)
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LAW OFPIClla
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':
.. ~} :
LENITA D. DUNLAP,
Plaintiff
:IN THE COURT OF COMMON PLEAS FOR
:CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V.
:NO. 94 - 2193 CIVIL TERM
.
.
BARRY DUNLAP
Defendant
:IN DIVORCE
.
.
PRE-TRIAL MEMORANDUM
Defendant, Barry Dunlap, by his attorneys, Broujos, Gilroy &
Houston, P.C., sets forth the following pursuant to Pennsylvania
Rule of Civil Procedure 1920.33(b) and pursuant to correspondence
from Court Appointed Master E. Robert Elicker, II, dated July 31,
1996:
1
The marital assets of the parties are as follows:
A. Marital home located at 416 Newville Road, Newville, PA
which includes a lot and trailer. The parties must get
an appraisal of the property. This property is subject
to a mortgage to Orrstown Bank and Greentree Finance.
This property is currently occupied by Mr. Dunlap.
B. Husband' F; retirement account at Inger:Joll Ra,']d which had
a balance of approximately $2,700.00 on December 31,
1994.
C. Husband's savings and stock investment account at
Ingersoll Rand which had a balance of $11,700.00 on
December 31, 1994.
2
Husband's retirement account and stock investment account may not
-
-
all be marital property depending upon husband's date of employment
with Ingersoll Rand which will be indicated to the Master in a
supplemental memorandum.
3
The parties owned a motor vehicle van which is currently in the
possession of the wife. The value on that item needs to be
obtained.
4
At separation, the parties owned a joint debt to Dutters Food of
approximately $1,500.00. Husband has been paying on that debt.
5
The parties possess items of personal property, some of which Mrs.
Dunlap took with her at separation and some of which remains in the
marital home.
6
The parties are the natural parents of Megan Dunlap born September
27, 1978 and Nathan Dunlap born September 5, 1985.
7
Wife may have a pension plan through her employment, and husband
hereby requests documentation on wife's pension.
8
The parties entered into negotiations in 1994 after the wife filed
the instant divorce complaint. Since that time, wife dismissed her
first lawyer and, for a period of time, went unrepresented. Wife
has now retained a second lawyer who has immediately listed this
...
-
case for consideration by the Master. Husband suggests that the
listing for a Master may be premature in light of the fact that no
settlement proposal has been submitted to husband's attorney in
connection with this matter. Husband had submitted a settlement
proposal to wife which we thought had been agreed to. Additional
work which remains to be done at this time is valuation of the
pension plan and marital real estate.
submitted,
P.C.
LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER a IRWIN
AlMCUS A. 1tId<NKJHT. .
JAl/ES O. HfJOHES
REBECCAIl HUGHES
weST POMFRCT PROFESSIONAL BUILDING
60 weST POMFRCT STRECT
CARUSLE, PENNSY~VANlA 17013-3222
(117) 24g..23$3
FAX (717) 24g..e3~
HAROI.D S IIMW (tQZ5-fQ11)
HAROt.D S.IQM\( JR. tfll5f.fNd)
MMW,IRWW & MMW (fJ50.fNG)
IRWIN, IRWW. _1fT (,....,OO<)
August 23, 1996
E, ROBERT ELICKER, n, ESQUIRE
OFFICE OF THE DIVORCE MASTER
9 NORTH HANOVER STREET
CARLISLE, PA 17013
RE: DUNLAP v. DUNLAP
Dear Mr, Elicker:
Enclosed please find the Pre-Trial Statement for the plaintiff in the above-captioned
matter. Please schedule a pre-hearing conference at your earliest convenience so that counsel may
further discuss a possible settlement in this matter.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
/f(
RRH:clc
Ene!.
cc: Ms, Lenita D. Dunlap
"'~.-
JOHN H. BROUJOS
HUBERT X, GILROY
CHRISTOPHER C. HOUSTON
BROUJOS, GILROY 8 HOUSTON, p, C.
^TTORNEYS ^T uo.W
4 NORTH HANOVER STREET
~RLISLE, PENNSYLV^NI^ 17013
717.243-4574
NON-TOLL FOR HARIUSBURC ^REAI
717-766-1690
FNC1243-8227
August 6, 1996
E. Robert Elicker
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Dunlap v Dunlap
Dear Bob:
By your letter of July 31, 1996,
memorandums by August 23, 1996.
memorandum in the above matter.
you asked
Enclosed is
for pre-trial
my pre-trial
I am leaving town from August 9 until August 19 and wanted to get
a memo filed in advance. I will be meeting with Mr. Dunlap upon my
return and I reserve the right to file a supplemental memorandum.
We don't have a whole lot of information at this time because the
parties were negotiating back and forth and we thought we had an
agreement. However, an agreement was not finalized.
I will provide additional information in my supplemental pre-trial
memorandum. I would request that you proceed with setting a pre-
trial conference.
Yours Sincerely,
bc
Enclosure
cc: Rebecca R. Hughes, Esquire
Mr. Barry Dunlap
-*;$~;.
LENITA D. DUNLAP,
Plaintiff
.
.
fN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO.
2193
CIVIL
1994
BARRY DUNLAP,
Defendant
IN DIVORCE
STATUS SHEET
DATE:
ACTIVITIES:
7/31/96
~
1/24/97
"-"..~IC'f
."-
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
Tr.cl .10 Colyer
Office ManageriReporter
West Shore
697-0371 Ext, 6535
July 31, 1996
Rebecca R. Hughes
Attorney at Law
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
RE: Lenita D. Dunlap vs. Barry Dunlap
No. 94 - 2193 Civil Term
In Divorce
Hubert X. Gilroy, Esquire
BROUJOS, GILROY & HOUSTON
4 North Hanover Street
Carlisle, PA 17013
Dear Ms. Hughes and Mr. Gilroy:
By order of Court of President Judge Harold E. Sheely
dated July 30, 1996, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on April 26, 1994, raising
grounds for divorce of irretrievable breakdown of the marriage.
No economic claims were raised in the complaint. On June 25,
1996, an answer and counterclaim were filed on behalf of the
Defendant. In the counterclaim, the Defendant raised additional
grounds for divorce of indignities and the economic claim of
equitable distribution.
According to the motion for appointment of Master, the
parties have been separated for more than two years. Therefore,
I request that if the parties are not willing to sign affidavits
of consent, that an affidavit under section 3301(d) be filed
averring the two year separation.
Inasmuch as grounds for divorce are not an issue, I am
directing each counsel to file a pre-trial statement in
accordance with P.R.C.P. 1920.33(b) on or before Friday, August
23, 1996. Upon receipt of the pre-trial statements I will
Hs. Hughes and Hr. Gilroy, Attorneys at Law
31 July 1996
Page 2
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
LENITA D. DUNLAP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 94 - 2193
BARRY DUNLAP,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Rebecca R. Hughes
Hubert X. Gilroy
Counsel for Plaintiff
Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover street, Carlisle,
Pennsylvania, on the 6th day of November, 1996, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 8/26/96
E. Robert Elicker, II
Divorce Master
LENITA D. DUNLAP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
: NO. 94-2193 CIVIL 19
BARRY DUNLAP,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
To:
Lenita D. Dunlap
Rebecca R. Hughes
Barry Dunlap
Hubert X. Gilroy
Plaintiff
, Counsel for Plaintiff
, Defendant
Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street Carlisle, pennsylvania, on the 30th
day of January ,1997, at 9:00 a.m, at which place and
time you will be given the opportunity to present witnesses and
exhibits in support of your case.
By the Court,
~ <::RA-o-.f \~
Harold E. Sheely,
Judge
Date of Order and
Notice: 11/6/96
By:
Divorce Master
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, East Wing
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
-
"
LENITA D. DUNLAP, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . NO. 94 - 2193 civil
.
.
.
BARRY DUNLAP, .
.
Defendant . IN DIVORCE
.
RE: Pre-Hearing Conference Hemorandum
DATE: Wednesday, November 6, 1996
Present for the Plaintiff, Lenita D. Dunlap, was
attorney Rebecca R. Hughes, and present for the Defendant, Barry
Dunlap, was attorney Hubert X. Gilroy.
A divorce complaint was filed on April 26, 1994,
raising grounds for divorce of irretrievable breakdown of the
marriage. The complaint did not raise any economic claims.
On June 25, 1996, the Defendant filed an answer and
counterclaim. In the counterclaim he raised the grounds for
divorce of indignities as well as irretrievable breakdown and
also raised the economic issue of equitable distribution.
with respect to grounds for divorce counsel have
advised that the parties will sign and file affidavits of
consent so that the divorce can be concluded under section
3301(c) of the Domestic Relations Code. We are, therefore, left
with the claim of equitable distribution for resolution.
The parties were married on October 2, 1976, and
separated Hay 13, 1994. They are the natural parents of two
children, Hegan, born September 27, 1978, and Nathan, born
September 5, 1985. Hegan is emancipated; Nathan lives with the
father. Wife is currently paying child support for Nathan to
husband in the amount of $130.00 per month which has been
entered as an order through the Cumberland County Domestic
Relations Office.
Wife is 38 years of age and lives in Newburg,
Pennsylvania, with a male friend. Her mailing address is P.O.
Box 125, Shippensburg, Pennsylvania. Wife is a high school
graduate and is a piece worker at Franklin Clothing company
where she nets $200.00 per week as income. She has not raised
any health issues.
Husband is 42 years of age and resides at 416
~~
Newville Road, Newburg, Pennsylvania, in the marital property.
He lives with Nathan, as previously noted. He is a laborer with
Ingersole Rand. His net monthly income is $1,989.00. Husband
has not raised any health issues.
Each party has medical insurance benefits through
their respective employment.
The parties own a piece of land with a mobile home
erected thereon which has been appraised at $42,500.00. Hr.
Gilroy indicated he will check with his client to see if they
can stipulate to that value. The real estate and mobile home
are subject to mortgages in favor of Orrstown Bank and Greentree
Finance. Counsel are in the process of getting the payoffs on
the mortgages so we can compute the equity value in the real
estate and mobile home. Apparently husband has been making the
monthly payments on both mortgages and we will need to have
verification that that is, in fact, being done and that they are
current.
Husband has a pension account with his employer as
well as a savings and stock investment account. The pension
account may have to be valued but counsel in the alternative may
be able to stipulate that the value at time of separation was
$11,698.00 based on a statement which was provided. The savings
and stock investment account at separation had a value of
$11,700.00 and shortly after separation husband borrowed money
from that account in the amount of $9,500.00. He claims that
he used those funds to pay marital debt and wife has asked to
have verification of what debt was paid from the money that was
borrowed.
The parties own two vehicles, a 1982 Ford Bronco II
which is in husband's possession and a 1986 Ford Aero star which
is in wife's possession. No agreement has been reached on the
value of the vehicles but counsel may be able to stipulate after
they review the values in the blue book.
Wife was not vested in a pension with her
employment at Greif but after separation that pension was vested
and wife is in the process of getting the appropriate
information to see if we can place a value on that fund with her
former employer.
The household tangible personal property is not an
issue with each of the parties retaining whatever property they
currently have in their respective possessions. No values will
be used in the equitable distribution computation.
~
Husband has indicated that a portion of his pension
account and the savings and stock investment account may be
premarital and Hr. Gilroy is going to determine the date of hire
to see if we need to apply a coverture formula in valuing those
accounts.
Husband has reported a debt with Dutters Food in
the amount of $1,500.00 which he claims he is paying.
Apparently this was a debt owed by the parties for purchase of
groceries. Attorney Hughes has indicated that she is going to
ask her client whether or not she agrees with the amount that
was owed to Dutters and if not, then we would need to have
verification from Dutters as to the amount owed on the account
at the time of separation.
A hearing is scheduled for Thursday, January 30,
1997, at 9:00 a.m. Notices will be sent to counsel and the
parties.
E. Robert Elicker, II
Divorce Haster
cc: Rebecca R. Hughes
Attorney for Plaintiff
Hubert X. Gilroy
Attorney for Defendant
.".
JOHN H. BROUIOS
HUBERT X. GILROY
CHRISTOPHER C. HOUSTON
BROUJOS. GILROY e HOUSTON. P. c.
^TTORNEYS ^T LAW
4 NORTH HANOVER STR.EET
~RLISLE. PENNSYLV~I^ 17013
717..243-4574
NON-TOLL FOR "^RkISBURC AREAl
717"766-1690
FAX1243"8227
January 24, 1997
E. Robert Elicker
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Dunlap v Dunlap
Dear Bob:
The Master's hearing is scheduled in this case for January 30.
Becky Hughes was the second attorney on board for Mrs. Dunlap.
Essentially, Becky listed the case for a Master's hearing shortly
after she got in the case. We had previously submitted a
settlement proposal to Mrs. Dunlap prior to Becky's involvement.
We never received a counter-proposal. There was no counter-
proposal presented at the pre-hearing conference on November 6. I
have asked Becky for a counter-proposal and I have written to her
requesting a counter-proposal. Essentially, Mrs. Dunlap has not
negotiated any type of settlement.
I believe this is a case that could be settled if we entered into
some meaningful settlement negotiations. I believe the rules
contemplate settlement negotiations between the parties. I am not
suggesting that Attorney Hughes is the cause of the failure for us
to negotiate in this case, but I am suggesting that her client has
demonstrated an unwillingness to negotiate and I am suggesting that
this case may have been prematurely listed for a Master's hearing
because I believe that it is imperative that the parties have some
type of settlement negotiations prior to getting this close to a
Master's hearing.
I have been unable to
this matter with her.
Thursday be continued
settle this case.
reach Becky by phone this week to discuss
I request that the hearing scheduled next
until we have further time to attempt to
Yours Sincerely,
.tl.Gil=Y
----
be
cc: Rebecca R. Hughes, Esquire
LENITA D. DUNLAP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
NO. 94-2193 CIVIL 19
BARRY DUNLAP,
Defendant
IN DIVORCE
RESCHEDULED HEARING
ORDER AND NOTICE SETTING HEARING
To:
Lenita D. Dunlap
Rebecca R. Hughes
Barry Dunlap
Hubert X. Gilroy
, Plaintiff
, Counsel for Plaintiff
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Street, Carlisle, Pennsylvania, on the 22nd
April ,1997, at 9: 00 a .m, at which place and
will be given the opportunity to present witnesses and
exhibitG in support of your case.
Hanover
day of
time you
By the Court,
~ <::RA-o-.f \~
Harold E. Sheely,
Judge
Date of Order and
Notice: 1/24/97
By:
Divorce Master
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, East Wing
Cumberland County Courthouse
Carlisle, PA 17013
Telephone (717) 240-6200
'~"f..\':\"'.:' .J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Len tk D fulllap
Plaintiff
File No. qL/-~ It( ~
IN DIV RCE
Vs
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff I defendant in the above matter,
[select one by marking "x"] fi!.... J '$8'17 V 70
_ prior to the entry of a Final Decree in Divorce,
or -A- after the entry of a Final Decrec in Divorce dated .'3 -dd. -q 7 ,
hereby elects to resume the prior surname of We n f..l (' K ' and gives this
written not~e avowing_his I her intention pu~ to the provisio~s of 54 P.S. 704.
Date:6Co CXrF6~ ~ U /ltltlfJ
SIgnature
IJfd JJ. !;)/Lnt)/
Signature of name being resumed
COMMONW~L TH OF PENNSYLVANIA
COUNTYOF 'fJ/IJ~f~
On the C/-H day of ':f/.lN~
)
,..
. 200...2. before me, the Prothonotary or the
notary public. personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he I she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hcreunto set my hand and official
seal.
ublic
NOTARIAL SEAl
PROTHONOTARY. NOTARY PUBUC
CARLlSl.f CUMBERlAND COUNTY COURT HOUSE
MY COMMISSION EXPIRES JANUARY 2. 200;
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