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Home My WebLink About94-02203 '\ J J REGINALD L. BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION - LAW : NO. 94-2203 CIVIL TERM v, DENISE BAGBY, Defendant : IN DIVORCE NOTICE AND ORDER TO APPEAR Legal Proceedings have been brought against you alleging that you have willfully disobeyed an Order of Court for equitable distribution, If you wish to defend against the claims set forth in the following pages you may, but are not required to, file a writing with the Court containing your defenses or objections, Whether or not you file a writing with the Court containing your defenses or objections, you must appear in Court on L- 01 day of (~j.J"', j . 2000 at ).'.3Q , ~M., in Courtroom ::.1 IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST, If the Court finds that you have willfully failed to comply with its Order for equitable distribution, you may be found to be in contempt of Court and committed to jail, fined, or both, 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 Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (717) 240-6200 nr -. ., '. .,~- !...".~.;v~ ".~t:'J;\.~j't' OOI'H'l ";;> II,,, r.... pa .1: .'i2 CU""" . ". '\!1"V ",t..:rll..l ".J t..t,UI,." FEN,\SiU/N-JIA ,,~ '~ : ""1 .-,"" "', _-c_-;", ~,.:; ',~~\,~,:':'c:, " " -, ':~\_-~~\: l.p.!', .~','IO(', , ~'- " ~ REGINALD L. BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO, 94-2203 CIVIL TERM v, DENISE BAGBY, Defendant : IN DIVORCE PETITION OF CIVIL CONTEMPT FOR EQUITABLE DISTRIBUTION ORDER AND NOW, comes the Petitioner, Reginald Bagby, the above named Defendant by and through his counsel of record, Robert J, Mulderig, Esquire, and petitions the Court as follows: 1, On July 24, 1997, the parties entered into a stipulated settlement of their equitable distribution claims. Said stipulation is attached hereto and incorporated herein as Exhibit A. 2. Paragraph 4 on page three of said agreement states: "The parties agree that wife owes to husband an equitable distribution credit in the amount of $7,830.03. She shall make installment payments in the amount of $150,OOper month, per month said payments to commence upon her receipt of her first retirement check arising from her husband's pension, Payments shall continue until the amount is satisfied, There shall be no interest accruing to husband's benefit as the result of these payments." 3, Petitioner retired on May 1, 1999, The respondent was entitled to her first payment of her portion of the pension on June 1, 1999 and hence her payment to petitioner of the above funds, -- 4, Defense Finance and Accounting Service (DFAS) did not begin direct payments to Respondent until December 1, 1999. 5. Between June 1, and December1, 1999, Petitioner paid directly to respondent her portion of the Pension deducting the $150.00 payment therefrom, 6, Since December 1, 1999, Respondent has been receiving her portion of the pension directly from DFAS. 7. Since December 1, 1999, Respondent has made no payments of $150,00 as required in the property settlement agreement. 8, Respondent is currently $600,00 in arrears. 9. Petitioner has written several times to respondent conceming this arrearage, and other matters, 10, Petitioner's counsel has had several conversations and letters to Respondent's counsel to resolve these problems, WHEREFORE, the Petitioner respectfully requests this Honorable Court to find that the Respondent has willfUlly failed to comply with the Court's Order dated June 10, 1998 and should therefore be held in contempt of Court and committed to jail, fined, or both. The Petitioner further requests that the Respondent pay Petitioner court costs and attomey's fees to present date due to Respondent's noncompliance with the Order, Respectfully Submitted, THE LAW OFFICES OF RON TURO ~// 7 /c~ Date / -:-' 7 j? 1 '7 7'1 ' f -' (I, " '/ " Robert J Mulderig, Es i e 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attomey for Petitioner ... VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. 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. JJJ ~ / 7. 200D , Date -er~ /~75- ~ 11"' ~ C'>I /:i N ~.., ~;~ Q~ :. (-~ ....... ~_l~: . .r: a.. -.1 ;:j T'~) .'- a'l' r- : :~-9 LLI... - ../. . ff:!l'. ,- ~- 0,; 'ij(ij ......~ ~I{J... . " .... -. .....:- , I,. 0 ::l u 0 u ~..~**~~~***~~*****~*.~)~..~::~-~***~~.~ :i:i ,---- -----,--~~--,~-~----,-----------~--'----- - ~ ~l 8 :i:: IN THE COURT OF COMMON PLEAS ~ ~I ~ ~ OF CUMBERLAND COUNTY $ ,;; ., ~ ~**.~****~.*~~.*.~~..~.~*~.**** , ~ ~~ I. ~ '" >. -"" _ ,'~T PENNA. ~ ',' STATE OF ~I ~ ',' ~ ',' $ REGINALD L. BAGBY, Plaintiff N (), 22.()}""" d "qyJJ, 1l)94 " , ~ ~, Vl'I.....;t1~ ~ DENISE BAGBY, ~ Defendant ~ ~ ',' ~ DECREE IN DIVORCE AND NOW, ".\U,~ , .1.0, , , , , , , , , , " " 19?t V. '. it is ordered and decreed that, , , " " , , , ~,~~~~~,~~, ~:, ,~~?,B,Y , . " , , " , , , , " . , ", plaintiff. and, , , , , , , , , , , , ,~~~~,s,~ , ~~~,~~, , , , , , , , , , , , , , , , , , , , , , , , , , , , , " defendant. are divorced from the bonds of matrimony, ~ ~ ~ I. ~ '.' ~ ," ~ M ,.' w ',' " ~ The court retains jurisdiction of the following claims which hove been raised of record in this action for which 0 final order has not yet been entered; ~ w. ',' ~ ~ ,Th,e, ,I'art,~e~,', ,~t ~pu,l,a ~!!c:1 ,q~9~,r: ,f9):", ,the, Divisi.Qn, of, ,Mili.tary, , , , , Retired Pay is incorporated herein and the Court has juris- 'd ic't io~' '~';e~' '~o ' ~'th~~' ~'i~i~~',' , , , , , , , , , , , , 'I' , , , , , , , , , , , , , , , , , , , , , , . n y ~~e C vi r) : Alle.l: ~.;., .xc.7' ..,e,rl't:i:.. ,(I ~ '<!f, w ',' ~ ',' Arl'Xonrlf..> J:;;f Prolhonotnry M " ~ ~ ,;, c:> w. ~.' ~ ~ 7- ~ ~ .~:. .:.:. .~:. .:.:- . J, ~ ~. " '. ,;; ., ~ '. 8 ~ ~, ,', ~ ~ ,,~ ~ ~ !~ ,,~ ~ 8 s $ '" :, ~ ~.' ~ ~ ~.~ ~ ',' $ ~ ~ ',' ~ ',' I!f! !~ t." ~ ~ *- (." f~ , ' ;s , , 1:CS , ' (~ /',' t ,/tI;~ tkl. (~ /l1~ ~ a4 ~..M~ t-./&J.tlf )1t'~ /h::.a,--d -4 ~~ , " REGINALD L. BAGBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs, CIVIL ACfION - LAW NO. 94-2203 CIVIL TERM DENISE BAGBY Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Pleuse tmnsmit the record, together with the following information to the court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code, 2. Date and manner of service of the complailll: Certified mail, return receipt requestd on April 16,1996, 3. Complete either Paragmph A or B. A, Date of execution of the affidavit of conselll required by Section 3301 (c) of the Divorce Code: By the Plaintiff 4/15/97; By the Defendant 7/25/97. B. (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None. 5. Complete either (a) or (b), A. Date and manner of service of the notice of intention to file praecipe to tmnsmit record, a copy of which is allached: B, Date Plaintiff Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 4/15/97; Date Defendant's Waiver of Notice in 3301(c) Divorc~ Fas filed with the Prothnotary 7/25/97, " /'1/ , / /, efetant ./ i N ~ . ..:2 ~~ il M x: Q.. gi co :~ - 8: , ilia. rfiE ::::: ;:l ..., a ~ CD CJ' c: C')ll )- !~ ,; Iii" ::9 III -"'0... .... dl 0 :;:0 ~ .....;:: ,. CD ~~. ~,... ""~ ~ ~ ~ ~~fI1 C') Q. (Lj!'lC:~OJ ~ 6;' II '8 a .....~ iil ~ ""')-d:C 0<0" - CD ::J .., c.>:> " dl .... ....., '. " " ~ .I. Kayer and Brown A Professional Corporation Liberty Loft. 4 E. Liberty Avenue' Carlisle, PA 17013 (717) 243,7922 '" :..... ',';' .' ~ . o 0'-., v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION. LAW : NO. 94-2203 CIVIl, TERM : IN DIVORCE REGINALD L. BAGBY, Plaintiff DENISE BAGBY, 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or reUef requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitstion of your children, When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseUng. A Ust of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, CarUsle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 Cumberland County Courthouse Fourth Floor CarUsle, Pennsylvania 17013 (717) 240.6200 . REGINALD L. BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION. LAW : NO, 94.2203 CML TERM v. DENISE BAGBY, Defendant : IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Reginald L. Bagby, by and through his attorney, Robert J. Mulderig, Esquire, and avers as foUoWll: COUNT I DIVORCE 1. Plaintiff is Reginald L, Bagby, who currently resides at 4600 Fairbanks, Apt. 1327, EI Paso, Texas 79924. 2. Defendant is Denise Bagby, who currently resides at 207 Faith Circle, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant had been bonafide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of the original complaint, 4. Plaintiff and Defendant were married on April 17, 1978 in Savannah, Georgia. 5, There have been no prior actions for divorce f1!ed in this matter, 6, The marriage is irretrievably broken. 7. The parties have lived separate and apart since Msrch 25, 1994 and continue to live separate and apart as of the date of this Complaint. 8, The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. 10. Plaintiff is a member of the United States Armed Forces, 11. Divorce is sought pursuant to the provisions of the Divorce Code Sections 3301(c), 3301(d) and 3301(s)(6), in that: :-' ~-~-;'_.' a. Plaintiff desires a divorce based upon the belief that the Defendant after 90 days from the date of riling of this Complaint consent to this divorce, b. The parties have lived separate and apart in excess of two years, c. In addition and in the alternative Defendant over the period of their marriage oITered such indignities to the person of the Plaintiff, the innocent and iI1jured spouse, as to render his condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution, WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted, fj;tht Date THE LAW OFFICES OF RON TURO edae 32 South Bedford Street Carlisle, P A 17013 (717) 245.9688 Attorney for Plaintiff _.~,'t'-'i.. - {,. .- .......:.-oi-;.:.:.._. NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must me a Counteraffidavit within twenty (20) days a/ler this Affidavit has been served on you or the statements will be admiUed. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330UDl OF THE DIVORCE CODE 1. The panies to this action separated on March 25. 19114 and have continued to live separate and apart for a period of at least two years. 2, The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of marital property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Il~ t, / f9~ D':;{i; , ~<'/ /.Ll78 . L. Bagby VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties ofPa.C.S. Section 4904 relating to W18wom falsification to authorities. /}"'AA~f J /9 9 (, n:&- ' ~~T .~/ r/. 471 Regina! L. Bagby . '\. J ~ f ~ ., i'l ;) ~ ~ s ~ '-i to \1 ~ ..... ~ ~ >- r-. ;>- r: ..:: ~; I Ute. f.,: " f ~- C' I \..,' 1 . '.:.' .' ~'- n' .') l.: L.:i' . I I '" '- " t..' (.., ~. ) C "I ~J r-.. ~ I\"l r<l l'l\ c-.. g:"'l <3J vs. : IN THE COURT OF COMMON PLEAS OF :CUMBillUANDCOUN1Y,PENN~VAN~ : CMLAGfION.lAW : NO, CML 1994 :INDIVORCE Mo. qLf- ~J..03 ~ T~ REGINALD 1.. BAGBY, Plaintiff DENISE BAGBY, 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 Coun, Ajudgment may also be entered against you for any other claim or relief requested in these papen by the Plaintiff. You may lose money or property or other rights imponant 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 counselon is available in the Prothonota'Y's Office at the Cumberland County Courthouse. Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERlY, 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. Coun Administrator, 4th Floor Cumberland County Counhouse Carlisle. PA 17013 (71 7) 240-6200 Arthur T, McDermott, Esq, ARTHUR T, MCDERMOIT & ASSOC~TES Fifty East High Street Carlisle. PA 17013 (71 7) 24S-7807 . t REGINALD L BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMB~DCOUN1Y,PENN~VAN~ : CMLAGfION.LAW : NO, CML 1994 VI, DENISE BAGBY, Defendant : IN DIVORCE COMPlAINT IN DIVORCE. COMES NOW, Plaintiff REGINALD L BAGBY, through his attorney, Anhur T. McDennotl, Esquire and avers as follows: COUNT I - DIVORCE. I. Plaintiff is Reginald L. Bagby, who currently resides at 707 Hanover Manor, Apartment 0-102. Carlisle, Cumberland County, Pennsylvania, 2, Defendant is Denise Bagby, who currently resides at 207 Faitll Circle, Carlisle, Cumberland County, Pennsylvania, 5, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4, The plaintiff and defendant were married on April 17, 1978 in Savannah, Georgia. 5, There have been no prior actions of divorce filed in tllis matter. 6, The marriage is irretrievably broken. and the parties are proceeding under Section 201 (c) of the Divorce Code. 7. Plaintiff is a member of the United States Anned Forces, WHEREFORE, Plaintiff requests the court to enter a decree of divorce, Respectfully submitted. ARTHUR T, MCDERMOIT & ASSOC~TES ~ \ ----~~-prO C..~,,-_ <--- J' Arthur T, McDennott. Esquire 50 East High Street Carlisle, PA 17015 (717) 24S-7807 - j;. h " r' . , I, I t, 'i , VERIFICATION 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 18 Pa, C,S, Section 4904, relating to unsworn falsification to authorities. Date: .:;. ~ .4p /' '1 '-/ t?~/'/6t- G ALD BAGBY . ~ . ~ t ~ ~ ~ ~ '} (" ~ -=r 'j- en ,- i-~~ ~ - ,< ,... .. ,- :C ' r l\)-:. ..", ,<,,_.,..t. "* @~ '-:.'" . / u_~ '.' ~~ ~.or') "::It .. ,:".C' ~ :\ .:' ~"'~ e ~ r- , -..DsLV1 ~ c--.l ,_.J'1. - "" ~ - <>- .. <X .' 'OIt" .~.". ...<-.... REGINALD L. BAGBY, Respondenttplaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA vs, : CIVIL ACTION - LAW : NO. 94-2203 CIVIL TERM DENISE BAGBY, Petitioner/Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 330\(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is gmnted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, ~ 4904 relating to unsworn falsification to authorities. DATE: July';;:;. 1997 '- ..Jo?}l.(....~C-. DENISE BAGBY n h; 0' (:: " ~ '';:: ." :-_~;-:; 11.1~~ ('1 ( "~' f.:~.: J:", u.,l U.. ::;J ,,:)I t.,( -n ',. en (~ . ('.I ',.-." u.::" :.J'... .' G.Y _J '.~!~'~ r' -:. :........ L:, .,,'. l.) ~ 3 REGINALD L. BAGBY. Respondent/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO, 94-2203 CIVIL TERM DENISE BAGBY. Petitioner/Defendant : IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 27. 1997, 2, TIle marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of propeny, lawyer's fees or expenses if I do not claim them before a divorce is gmnted, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. section 4904 relating to unsworn falsification to authorities, Date: July Q !i, 1997 ~~) 0,' U J.C DENISE BAGBY 'fri, Sworn to and subscribed before me this":!\' -day of July, 1997. LrCt_d'-'L\C( !-Ae.~,-{QL.rf- Notary Public No1artaIS... D.1Ma R, IlInkIn, NolIIY Public CIrllIII Bolo. Cumblrlll1c! Counly My Commlulon Elcplrea Sept. 25. I~ btr, enn.y v. IIllon 01 No ~ 0' r.: f!.:. ~ -- - , ,-- i!: -, .we' ,~ ('"'I'. ..;';. ".;~( It: : l:-' - I (")I~ I' ,,) p~ " \J-I ~. c...., - , tC~\ , l~i -, I' :=:} . ~ L.. 'L r- '.-"J l:) 0' f.-' Z 069 8/3 696 ~ Receipt for - Certified Mail No Insuwnco CO'w'cliJIIU Provided ~ 00 nol usu lor Inlolllil1lonal Mail ....I.."...... (SOl! RO\lflfscl ,,""", Deni se Bagby ""., "','" 207 Faith Circle "" '''''''''~~'i"'fsle, PA 17013 51>0'1;.'0.,....,.1.... P'''1.H'' 1.:,.".1",11"., R,"ll'th',J ll",'",,~ I,.,. M 11..I.."'.,..(o:"I'15.H'....."1 Ie In ~"'I",m Po [1,1" D..".......J - ~ ~ tUfAlI',,\T,N" 0,,11"'\ o CO ... E & UI ... Po""'" "'i!1 ~ /9 (p M"h..'" ~~U"l)t '.,o,,,""hl I" ',1,1, 0,111' .t"d A,},'..,\\....., hJLI"-,- i .eon.>I...~l oncIICll'2""__. .eon.>IIl. _ 3.... ond 4b. I IPrInI yow nImI nI adckMI on the NWIIII 01 thII form to IhIt we can flllI'n ttiI coni 10 ~. ._1Na loon 10 tho In>rC 01 tho maI1piooo. Cll'''' tho bock Ilop_ _ not . .~_ R-"'~'" tho molploco below tho onldo runbot. 'Ii _The Retwn RtceIpt wIIlhow 10 whom the IItIdI we. ~ and lhe dill S - 13. Ar1IcI. AddreS88d 10: II . ddreuee or Agent ~ I . .lI PS Form 3811, December 1994 I 8110 wish to receive the following eervtce. (lor an .xtra 'ee): 1. 0 Addr....... Addr_ .i 2. .: R..lI1cted Dellv.ry 1 Consult pos1mu1.r for f... I 4a-ZrtJcf. NUmb.g ? 3 4b. Servtce Type I o Regl.tered . Cer1lfted o exp.... MeH 0 Insured !' o Relum RetoIpI lot Merd1and18 0 COD J 7. o.t. 01 Oellv~ .- APR {.; 4 i99;) l 9. Addre....'. Addr... (Only II requested 'I and lee Is paid) ~ Deni se Bagoy 207 Faith Circle Carlisle, PA 17013 5, Received By: (Print Name) DomBsl c Relum Race pI >: In :1, -.. ("~ ~:s " ~2 , ~; .~ ~l_ (.. -, ::_i , - -- '." : ,~ - - ,,; , ~. ." ,.~ ~ l~':'::"::' v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : CML ACTION. LAW : NO. 94.2203 CML TERM REGINALD L. BAGBY, Plaintiff DENISE BAGBY. Defendant : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fll18i decree of divorce without notice. 2. I understan.J that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is med with the prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. } 5' Date (j~ rj 7 RE-e~r:<<GJi514;' ...... "J .- (;-. ...~ i~' . 6:' .~ l1J~: (;). .~ c.-I .l"*: :-:-": 1-'.. ., <ir :J"'" dO c.~ . .< w -'. r." --:L:J LC' (L _L.. r- ~:.. ..oj l'. r- e.. 0' u L. I L , I ! ,. , ~. ._. I ~ f' i ~ jl I' ~ -..,.. REGINALD L. BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : CIVIL ACTION. LAW : NO. 94.2203 CIVIL TERM v. DENISE BAGBY, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was f1led on April 27. 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the riling of the Complaint. 3. I consent to the entry of the rmal Decree of Divorce al\er service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /.'j' /J~ q '7 Date ., ~/6~ G ALD L. BAGBY - ..... cr- ":::.' '-. I! J :~'-, ( ): f:" ( ,'- . (:if , , C)r (..Lt.. ';.J. - t.i.:.,' i"-.: I. ei ~J t.r: C;5 '., .;.... 'y:_:' '. .J --~~. ....) -- ro. ,. '" .'_.";J " C') "- 0, ';,'.j .~. :)" u , REGINALD 1.. BAGBY. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNlY. PENNSYLVANIA vs. . : CMLAGflON.LAW : NO. CML 1994 : ,un3 : IN DNORCE DENISE BAGBY. Defendant AFFIDAVIT OF SERVICE BY MAIL PURSUANfTO Pa. R.C.IP. 1920.4(a)(l)(ii) COMMONWEALTH OF PENNSYLVANIA COUNlY OF CUMBERLAND :ss Arthur T. McDermott, Esquire. being duly sworn according to law. deposes and says that he is the attorney for plaintiff. REGINALD 1.. . and that he did serve a true and correct copy of Plaintifrs Complaint in Divorce and Notice filed in the above matter. by mail certified. restricted delivery. return receipt requested. to the Defendant, DENISE BAGBY. on May 2. 1994. The receipt form is attached hereto as Exhibit "A". ') ~-- ,. ----;?)m. c---- -- --~ Arthur T. McDermott, Esquire Sworn to and subscribed before me this ~ -.1'1 day of May. 1994. ~/;;~ n ' SHE LY SEXTON, tlOTARY Pl!sLlC CARLISLE BORO. CUMBERLAND COUNTY ~Y COMMISSION EXPIRES OCT. 31. 1994 , tIIbt!' .P...,.IIul. ANtcl,UII .r N.I.ri.. I el.a wl.h 10 recelve-the 'allowing .ervlce, (for enixi.. 'eel: 1. 0 Add,..."'. Add"'. 2. ~ Re'lrlclld Delivery . December 1991 .u.s.GPQ: 1~71" DOMEsnc RETURN RECEIPT , ? t ;?; - ZE ," .... .I, . " .r .' ." ." \-~I .. ::r REGINALD L. BAGBY, Respondent/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACfION - LAW : NO. 94-2203 CIVIL TERM DENISE BAGBY. Petitioner/Defendant : IN DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE COMES NOW, Petitioner, DENISE BAGBY, by her attorneys, Knyer & Brown, does respectfully aver as follows: 1. Petitioner is the Defendant above named, who currently resides at 207 Faith Circle, Carlisle, Cumberland County. Pennsylvania 17013. 2. Respondent is the Plaintiff above named, who is stationed at Ft. Belvoir, Virginia. 3. Petitioner and Respondent were married on April 17, 1978 in Macon. Georgia. 4. Respondent has heretofore filed a complaint for divorce as of the above caption. COUNT I - ALIMONY - PERMANENT AND PENDENTE LITE 5. Paragraphs 1 through 4 of the Petition are incorporated herein by reference as though set forth in full. 6. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 7. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 8. Respondent earns in excess of $36,000.00 per year and has substantial assets. 9. Petitioner requests this Honordble Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and pemlllnently thereafter. COUNT II - ATTORNEY'S FEES. COSTS AND EXPENSES 10. Pardgraphs I through 4 and 6 through 9 of this Petition are incorpordted herein by reference as though set forth in full. II. Petitioner has employed Kayer and Brown as counsel. but is unable to pay the necessary and reasonable attorney's fees for said counsel and requests $2,000.00 on account of necessary fees. 12. Petitioner has entered into a fee agreement with her attorney, a copy of which is attachcd hcreto, made a part hereof and marked Exhibit "A". 13. Petitioner may be required to employ various experts including an apprdiser or actuary to review various records of thc Respondent as well as to appraise various items of personal property, such as the Respondent's penion. Petitioner may be rcquired to request further reasonable expenses in order to retain such experts. 14. Petitioner requests this Honorable Court to enter an award of counsel fees, costs and expenses as it becomes necessary from time to time hereafter until final hearing, and thereupon at final hearing, award sllch additional counsel fees, costs and expenses as are deemed appropriate. Respectfully submitted, KA YER & BROWN Date: October 25, ]996 quire CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Petition for Related Claims under the Divorce Code was served on the following person by First-class mail, postage prepaid addressed to: Robert Mulderig, Esquire The Law Offices of Ron Turn 32 S. Bedford Street Carlisle, PA 17013 Date: October 22, 1996 FEE AGREEMENT Ms. Denise Bagby 207 Faith Circle Carlisle, PA 17013 Dear Ms. Bagby: We are pleased that you have asked Kayer & Brown to represent you. This document sets forth the Agreement concerning our representation of you and will become effective upon our receipt of a countersigned copy of this Agreement and the retainer fee. We cannot undertake to do any work on your case until we receive this Agreement signed by you and the retainer fee. I. We request that you pay to our firm a retainer in the amount of $500.00. We will apply your retainer against time expended on your behalf, as well as any expenses incurred in your representation, and at such time as that amount is exhausted, you will be billed regularly for additional time expended. 2. Our representation of you will be charged at an hourly mte. Our hourly mte is $100.00 per hour. We will keep you advised of all time expended by us in representing you. It is impossible to determine in advance the amount of time that wiII be needed to complete your case, 3. We wiII biII you monthly on a time expended basis. We wiII charge a finance charge of 1.5% per month (annual mte of 18%) to any account balance which remains outstanding for more than 30 days from the date such balance is invoiced. Past due accounts may be forwarded to our collection agent at our discretion, and you will be responsible for any collection fees or costs we might incur. 4. Costs consist of out-of-pocket expenses, such as filing fees, process serving fees, tnlllscripts, tmvel mileage, investigators, appmisers, and accountants. Costs wiII also be itemized and billed on a periodic basis. In most instances, you will be required to advance all costs necessary for your case. 5. We shall keep you informed as to the progress of your case. We shall send copies of all papers coming in and going out of our office, including correspondence, pleadings and other documents. If I am unavailable when you telephone, your call will be returned with reasonable promptness. 111ere will be times when I will be in Court, at IT.eetings, or otherwise unavailable to answer your call. At such times, please feel confident to talk with my staff. If you are passing on information, they can deliver it to me without the necessity of your waiting to have me return the call. If you have a question that requires an answer from me, it is far easier for my staff to obtain the background from you, bring the matter to my attention when I am free, and then have a response for you. If it is necessary that you speak with me directly, I will attempt to return your call as soon as possible. I have also found that in L:((~ibl-+ "A'l Ms. Denise Bagby May 10, 1994 Page 2 many in~1ances that if you have a particularly detailed question or concern that it is best that you schedule an appointment to review that matter. If you are calling to set up an appointment only, you need not lISk for me personally. Please ask to speak to my secretary who will be able to set up an appointment at a time convenient to you. 6. Frequently, courts will send documents directly to you, as a party to the litigation, and they will not send copies to us, as your attorney of record. For this reason, it is very important that you forward to us any documents, papers, or correspondence which have been sent directly to you from the Court or from any other source which may have any bearing on this mailer. Please date and countersign this Agreement and return it to us. Very truly yours, James J. Kayer Accepted this day of May. 1994. DENISE BAGBY , . V ERlFI CA TION OF PLEADINGS . The foregoing document is based upon infonnation 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 languag~ of my counsel and not my own. I have read the statements made in this document and to the extent that it is bu:ed upon infonnation which I have given to my counsel, it is true and COllect to the best of my knowledge, infonnation 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 Sllbject to the pen2Jties of 18 PA. C.S. 94904, relating to unsworn f2Jsification to authorities. Date: c:2 ~ tA,,t' '7'c, . 1996 '--- /)-?fA--' <-- '%' v&= / (./ t?- (.I '. '. .. .~ Kayer and Brown A Professional Corporation Liberty Loft. 4 E. Liberty Avenue' Carlisle, PA 17013 (717) 243-7922 -' 'r-' ~ ..:I' f;; ~ '" q ~ .. f.':] - --~ 8"' ~ :z:: ;'e fj Cl- n~ ., I~ ' - In '. ...9. " ~ N _J", '0 ',- - ~ .~ ..... Uil' Ll tHo... 0 <.t) c :5 ~ t5 U) . 0'\ U 0 f"Vt ~ ':l:\ ~ cJ cL o I'd 0 ::<I ZO 0 ..... ....1>> tz:1 .tz:1 0..... .., Z <1'1' Z c;'l. "."< 0.... ..... ..... ..... 0 ~ ~i > 1"11'1' tIl Z \Ot'" c: ::I: 0.... tz:1 [!: ~ 3: r- 1>>0 I> 0' i~ ~~ ::I 0' 0 NO ~ n C"l > N~ co 0.... c;'l t'" 0..... a:: ~~~ i ~ P-O 0' . wo ::<I 5i~. ... I>>rt 0< Z Z ~ ~ 0' ..... 0 i. m ::<I > zl 0 ~ fTl i a. I>> c;'l o!;: 0 .., I-' 0" 0 ~dl~ II> I'd ::<10< .....s:: c: 0 1'1' I>> I>>~ < Z 0 I>> 1'1' 1Il 0 ~ :3: P- .... 'tl ::<I 3: ~~ E 1'1' 0 C"l ~ 0 C"l .... ::I tz:1 Z ~ Cl> :J ::I I-' 0 P- I'd Coli!! II> ::I I>> > I'd Cl> .... I>> ::I t'" EI 1"1 1'1' tz:1 1Il ....... ....... > 0 I'd tIl c: I>> < . I-' ::I .... 1Il I>> ::I ::I 11 P- ,.,. II> .... ::I .... ,.,. .... .' ....' .' - ...... ....,.. " ~ ...~.-'---'-.' ~ ;' . Kayar 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 September 8, 1997 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: BAGBY v. BAGBY Dear Mr. Elicker: Pursuant to your Augu~1 II, 1997 instructions, I am returning the fully executed stipulation and agreement. Both parties and their counsel have signed this agreement. Accordingly, please proceed in preparing an order vacating your appointment as Master. Finally, as a reminder to you, pursuant to the tenns of the agreement, the divorce has not been finalized at this time and will not be finalized until after April 18 of next year. Very truly yours, JJK/drb Enclosure cc: Robert Mulderig, Esquire (w/Encl) Denise Bagby, (w/Encl) 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 Jo Colyer OIfice Manager/Reporter West Shore 697-0371 Ex!. 6535 August 11, 1997 Robert J. Mulderig, Esquire LAW OFFICES OF RON TURO 32 South Bedford Street Carlisle, PA 17013 James J. Kayer, Esquire KAYER & BROWN 4 East Liberty Avenue Liberty Loft Carlisle, PA 17013 Re: Reginald L. Bagby vs. Denise Bagby No. 94 - 2203 Civil In Divorce Dear Mr. Mulderig and Mr. Kayer: Since both counsel have apparently approved the agreement with a minor change, I am sending the original document to Mr. Mulderig's office for Mr. Mulderig to affix his signature and his client's signature and the date. Mr. Mulderig should then forward the original document to Mr. Kayer so that his signature and his client's signature can be affixed and the document dated. Mr. Kayer should then send a copy of the fully executed document to me and to Mr. Mulderig at which time I will prepare an order vacating my appointment as Master. Thank your for your continuing cooperation in bringing this matter to conclusion. Very truly yours, E. Robert Elicker, II Divorce Master '_'u..:""'; REGINALD 1. BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : crvn.. ACTION. LAW : NO. 94.2203 CIVIL TERM v. DENISE BAGBY, Defendant 1. n '-0 (~ (.. -.J -fl -., !.:~-;:J ",.,' ..,... ::J 'li2 AFFIDAVIT OF CONSENT '''1 l, L'; '0 !. )6 ~ .:':n A Complaint in Divorce under Section 3301(c) of the J?ivorce:..qooe WM med on April 27, ..., ...'- J .. -.' :." (..J ~ : IN DIVORCE 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the fmal Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORREC'r. 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. /.'i ffrJ C}r; Date ~./6"_ G ALD L. BAGBY REGINALD L. BAGBY, P1aint.iff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 94.2203 CIVIL TERM v. DENISE BAGBY, Defendant : IN DIVORCE (') r: 1.0 0 -J '11 .,... .:.1 -11 . i1 iTI .'J (J; 'i:.-:l ~6 :'.-:~ :n j.. ,0 en -dH '-I :n . :-~ .IJ r" -<; WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE " G' ?:'.' ..' I.:.. , . ,~ ~, ,- " , . 1. I consent to the entry of a fmal decree of divorce without noUce. ;, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court. and !.hat a copy of the decree will be sent to me immediately after it is med with the prothonotary. lVERIFYTHATTHE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORREGr. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJEGrTO THE PENALTIES OF 18 PA C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ) 5' Date (j~ 97 ~d /.4?~_ RE IN L. BAGBY -.. - _.. :.......'"CC&:1o:..OS'. :J~;;.:.. " Denise, Again, another long weekend without your smile. This is hard when you are not with the.one you love. I did come into work, however, I did not arrive until about 1:40 p.m. I don't want to sound tunny, but today I saw somebody who looked just like you. I was at the stop light on Hanover street and looked up and thought I saw you drive by. I speeded down to where I thought I could get another look but did not see the car. It would have been nice to see you yesterday. Just needed a hug. I see that I'm beginning to need more and more hugs from you. I hope you had a good weekend. I did get some shopping done over the weekend. Spent alot of time thinking of what to get you. I want it to be s~mething special from me. I am doing alot better this year in getting things done. It would have been fun to run the stores with you. I am so crazy when I am out and about. I look at you and know that you are the piece to my life that I have been missing. I never thought I would or could feel this way about a woman. I think of you often and dream about us being together. I always believed that if you could dream it you can become it. I think we both share the same dream and that is half the battle. Baby, I know that you can feel the love I have for you. Never lose that feeling. I am willing to sacrafice now to spend my life with you later. I want to make you happy. We have something very, very special that not many people have. I hope we someday get to experience true happiness. I know where my heart is...... . 7 i)~"'~ ' ", .. I did not know that there is tournament here on post starting this even think I will be playing with the Headquarters team at 5:30 pm. I think we play the MP's. That should be interasting. I hope you had a great weekend. I will give you a call when I get in and get situated. I hope you have a great day. Love of my life, I love you. Talk to you soon. Q GREG .&?~ /~,,-,b #' /r~d-~ ~ f/~ ,&tt?,~~ X, j~~. 7r!r;:: ? ~~..~;.dr //~' /~r ~ J , (. , ~ I / ~. -( ) )J } J. ~- , I ~... .~ .f J ( lo ~ .... ~ o . . ....- - ~ .' . . . \ , \ . . , ~ ..- Denise, Sorry I did not get to talk to you as much as I wanted to today, but I miss you ever so much. I have spent so much time these last few days thinking of me and you together. I love you ever so much. I really want you to enjoy the time home and I realize that sometimes there is so much going on that the days fly by. But if you get time to catch you breath, think of me. I thought of you last night and could not get you off my mind. I know have no right to be slightly jealous because I know where your heart is. I know that time is not on our side right now, but I am sure that we will be together. You have given me so much in so little time; I know that in your heart, no matter what, you and me should be together. The feeling we both have go way beyond anything that we both could imagine. When you have two people who care about making each other happy, who think about spending quality time together, and wanting to love each other more, then I believe we deserve us. I am not cocky about us, but I am very confident that we would piss other people off with the way we do things (ie. kisses, hugs, and everything else we do in public). But hell, that's their problem. I have never met a woman who I wanted to spend so much time with. So if I get selfish, keep me straight. Looking to the future, I see challenges for both sides. I do not see the love diminishing, but only increasing. I believe that as long as we stay together there is always a chance for us in the long-term. We've talked on many serious subjects since being together and I have always come away from our discussions with a good feeling. I don't hold back with you. GREG , , r f . . . . '. . . crhinkfn . . h J ..~ i . .' .I '. , r- I . . . . "" .. ~ . . hen I think of you, 'I can see the two of us in my mind, walking hand and hand through the crowded cit'J streets.:, - ~~.:~. ., ...'1'. ", and on quiet cO~11; ,. >~ \. . ~.',~ through ~he for~~' '~ and ~~~', - "... - , . " : . ...~ ~;:~ /. -" '-.r.i~~' .,j . .~: ' '~~.' '1 ........ . ._':'"._,<S:.......t..'P - ,.;.{. ~ . . ' ..~.:~:~-.I.-.,. ,'1 ..~..~:,~4"'-:- ,,'" -', .....:~ .._~."t".:........~h .~,.~ ... -"'-l:": .~ - .\~ . :r;.._~ ,. - '.... .~.,-,. 't_'i,... . .~~ ~~..~~l..... .........;..... ~;;,:_;.. ",' '.~.: ~::.....; ..:~,' .~. . ,,', ., _," '. .:! ".'" ',-., t., ~ ' ,., :fi..~,..- ,,,"..,. . . ... ... ~-w~ ""'~ ~,.'.;~"~."" - : .~..1.~lI'l!'~T . " -. .....~ -".' . \... . , ~::r.r.......,......" ~-,,:," ......" ..~...~i~;:.~....... .. -.:;....~........... .. .1 . - " I . ./ .~,-". ~.1Io ,. ~ ~ ~ .:-~ " -~ . . ," ,~ ~ ,,":,. . ' ~ ">\ -...:J ~ - i ~ . I I . , .. ::------ , , , . ' r ! . . . . '" 9omeoV\e cares II I - . . . ...~ i I ;' ..,..,oll"h . i , . -- ~ 1-... ' . ~". ,ft~,,'ft, ~~ ~)~l,,'I1~1 i ~ ~~ 1'\~\'*-4 ~ 'I" l' ,~}, , ~i~\~~t~':\ ~ ~ "'~ '" ~ ~~~.t ~Si . . , ' l...ri..'.-t'r<",.- '0 ...- ~ ..c '- ~ 00r5' -0 :J:>-o ~ o > -0 :J 00-= rti ~ :~ ~ c: Q)'O O..c 0 .- ,~ Q) - Q) - ~ :J Co Co -;:; Q) OOVlQj.~c: c: >- >-..c: _ ._ ~-~ ~..c ~ Q) = Vl Q)..c > .- c: g- - ~ ~ ~ ~.5 0 .-4" " \ ~ ,,~ . "- . " - ~\ '" ",\"~,, ,~~\,~ ~ ~~~ . ~ ~ ~ i~~~ ~: ~ \ 1 J'-~) ~ ~i~ ~ ~~_ ,~ __ __ " . , '\ . . ,,~. '. . ' r I . . . . .. ~i,Jf, J.."dr:i ~# Irr /PT . ~,;t;dJP7 ? r "" ~".../. Y -7? TJ-:/~; ~;$ fir'l-: ~ ';f-7/-~r ~ () ~~pv T d,u-L/ .....~ / / I - . ~ i.\ \, I '\ ( ) . ~.. . . ,~ . . ~' . . . / - ... ; I , , " Denise, Just thinking of you last night, I had to write (type) this letter. It seems that at times I am right inside of your heart and listening to everything it has to say. I don't want you to ever fear showing you emotions to me. I will be there for you during the good times and the bad. We have a very special relationship that I cherish with all my heart. However, I feel the pain when you are not happy. Just like you do when I feel the same. I cannot say alot that will change our situations at this point, but I will tell you that you are the first thought in the morning and the last at night. I want you to know that I would not change the months we've been together for anything in the world. Take some time today to reflect on our lives. I mean we are so happy together. But r often wonder if what I am giving I you is enough. I have no doubts about us. I think of some of the things that we've done and excitment runs thru my body. I asked you for something a long time ago and you have given it to me. What that was is your heart. Along the way, I fell in love with a women who can take me at my worst and make me feel like I am the best. I often wonder was that fair of me to ask for something that -r could not take dare of on a twenty four hour/seven day week basis. I think about it and would not have it any other way. I would not change anything about us. It is hard when I know that I could make you happy. Again, at this point, all I can tell you is that this man cares about you deeply and will do the best he can to be there for you. I want you to know that you can talk to your b~st friend and I will listen. I L..... .0...... V..... .E..... Y...... .0....... U! - ~-- .- . -.-.. . , , ~ j " , . . , , , ' , ! . i .' \ ~.~ , . .\ I , , . . " - r.o Oenise, Good Morning Babyl I was sitting in the office thinking of you as you called me yesterday and could not shake the the thought of your beautiful smile. I have really gotten used to your smile, your touch, your love and understanding. I have done alot of thinking about us. I am glad I have the chance to experience true happiness. Never doubt my love for you. I want to be with you morning, noon and night (Q land truly share my life with the woman that I love. I cannot see my life without you. When you are happy, I'm happy to. The ultimate goal is for us to live our dreams and I have not had any dream lately without you. Trust my words, I have never shared so much with a woman like I have shared with you. When we are making love, I feel every emotion running thru you. I have reached a level with you that I know in my heart is experienced by very few people in their life. I live for the day when I ask you to be mine forever. I love your excitment and we seem to view so many things alike. I enjoy your conversation and could see me keeping you laughing quite a bit. I also see you walking hand in hand with me on the beach or some other romantic place sharing our love together. My life has been filled with things that I look back on and wish I could do over again. And before i met you, I never thought I would fall in love and think about marriage again. You have shown me that one experience does not mean that happiness doesn't exist. Don't ever think that I don't want to be with you, because my heart cries for your love. r GREG This is the most difficult point in my life because of my true feelings. Don't get me wrong, I honestly have no regrets. But the feelings for you are oh so real. Getting to really know how a person feels is sometimes very difficult, but baby, over these last few months, I feel that I am really in touch with all that you do and say. We would have a very deep love relationship that I would look forward to. Like you said on the phone, we would do the things we are suppose to do because we know that when we are at home, we can do anything we want. That is my ultimate goal, is to spend life with the woman I love. I know that is what you want also......50 when the time is right, for both of us, all I want to hear you say is y........e..........s! Beautiful you have a good day and I will call you when I get in...... I love you. (A....L....W.....A.....y....S) -..~~ PLAINTIFF'S I E:)(~IElI1r NIN 7.,0.(11..1...721. ~:::"_: ~:~ :'C" US GOVERNMENT PRINTING OFFICE: 198.-.~O 331 11"':101 RADIOLOGIC CONSULTATION REQUEST/REPORT (Radiology/Nuclear M,dicin./Ult",ound/Computed Tomogrephy E.ernin.rions) AGE SEX SSN (5pon.or' WARD/CLINIC .., ('I 1- ? , /1 - ! SPECIFIC REASON(S) FOR REQUEST (Comp'olnt. and flndln..' EXAMINATION(S) REQUESTED 7J,aaJ ~ REGISTER NO. PREGNANT o YES NO n::LEPHONE AGE NO. REQUESTED BY (Print' DATE REQUESTED ~ /(/0 ry ~ cvvm-c- -n, rtD CATE OF REPORT (Month, day. ).or) DATE OF TRANSCRIPTION (Month. day. ).41) ;':: ~ii-:,+-. ;. ..'" ~~.LO " t/ '. .... ,. or.; .,0 o b..._ or./: ~"-o C.... -".. 09", ~.. ., . ,.. '7~ ".. . . ~ 'Yt ., r- .t.,. ,,~,...-fAA.. ~,. r -r" '"./'~ ...~ "',:- ....()" .~ <'t ." , . 't.., . :1 " .' ~~~. ,. " "it ..... ; I .. .,.. 10 .. ! ~: 1.:::',';1 "~''''rN~'' .. ."'..,.. .. ~ . r . N._, 'T '_~'" - ...._ I .. 1 '. .... ..;f ',1~ :.: t ... -: VI' LOCATION OF MEDICAL RECORQS .., . PATIENT'S IDE.NT IFICATION (For I)pcd Dr ",.'rtun ~ntrl~, lit..' -"om' - JOt I, flr.', mlddl,. M,dtca' Focllir)') , . oJ .:.. . .' y ~ E '.. ! 3 :: .., - ", ~ : .'.... -., . . - -.1.- " . sy;; - 7 1,'1. y,. LOCATION OF RADIOL.OGIC FACILITV , SIGNATURE ~'. RADIDLOG Ie CONSUL TAT. REQUEST/REPORT , - MEDICAL RECORD STANDARD FORM 518, " P,,,crlbed by GSA/ICMR '0 FPMR (41 CFR) 101-11. ~ ) , RADIOLOGIC CONSULTATION REQUEST/REPORT (R.dio(ogv/Nucle., MadicinelUltfBIoundlCoOlputed Tomograph [..min.rionsl A E ~ SSN ,SpOOW) WITtC'Z- REGISTER NO, FILM NO. PREGNANT o YES 1 EL.EPHONE/PAUE NO. N5N n40~1.11l-1at4 US GOVERNMENT PRINTING OFFICE 1ge.-.4~Oj37 EXAMINATlONIS) RfQUESTEO ~ \1\~'\(,' BV (PrlnOll o E uk~~ ~ s.~ c,\<..,~ SPECIFIC R,EASON(S) FOR REQueST fComl'JoIn'. and find'",,} d-l~&o ~~ c b ~-~ CD ~ ~AA '\~ \",'"::> ,\r ""SOl D\~~ rA L~ CATE OF EX^MINATION (Mo"'''. do)', Her} DATE OF REPORT (."onlh. do)', )l~orJ 2 Jun 86 DATE OF TRANSCRIPTION (Month, da)', )',ar} 2 Jun 86 RADIOLOGIC REPORT Right mastoid views, lateral and Towne, appear normal. ~ PATIENT'S DENTlF ICATION (For t)fird or I.i.',irt('n tntrir. Rh<t: .....arn~ -Ia,t, (ir.t, mfddl" ."',dlcal Feci It)} LOCATION OF MEDICAL RECORDS . ~ ~ p'-{ \ ~\ \.'<0 ~\:)- ~~6-()'--\--'1 \1 \0 OW} ~ I ~ / \;:~S- O~. '::J ~~ LOCATION OF RACIOL.OGle FACIL.1TV SIGNATURE John W. ~7fer, RADIOLOGIC CONSULTATI ! REQUEST/REPORT 1 - MEDICAL. RECORD M.D. STANDARD FORM 519,S 18,831 P,.,crlb'C bY' GSA/ICMR FPMR (41 eFR) 101.11.806.8 ...... ,_..~_.., r , l I,: , r~ , .------------------.--------- ~ -- - - -- -. -- p ---~--_.--- ~-----~~- ----.- HPC:-2'e,-19'?6 (1'3: ~.1 HOllE 11':'ILlIJG ';17 2~5 2'lt.:. F'.02, 03 SWORN STATEMENT r.f un .f mi. r."", ... .A.R 19D-I51 "- ",..~ 'De'f'IC' I. OHh. ell". D.,Uf" ,"I.'.' St.ff ,., ,.,..,..".1. If L.OCA.TION aATC .D81T1W~ ;JSi5 PILE "UN.I" Carlisle Barracks. PA 940204 /.57- 'Y1nl"l-<1'-l LAlT HolMe. ,unT H........ WIDDLE MAWE sOcl....L seCURITY HUMIIE". (i.I":ADI.'STATUS BAGBY. Denire mro ?~7_q~_~?~~ 'F'M/lJ O"GAHI1ATIDK 0" ADC"ES, 207 Faith Circle Carlisle ?A 17013 I. Denise BAGBY WANT To I4AK~ THIt "O~LOWING STAT~&IlT UND!;R QATH About the end of July 1993. myself and SSG Gregory SHIrH entered into a rocantic r"lationship. This relationshi? lasted from approximately the end of July to the beginning of August 1993. During this time fram" I had sexually r"lations Yith SSG SMITH three tim"s. The r"lationship ~roke up Yith cutual agreement b"t~""n SSG SMITH and myself. Sometime in mid Dec"mb"r my husband had m" contact SSG SMITH and had him come over to our residenc". The reason he had me contact SSG SMITH was tD con- front him sbout the relationship myself and SSG SMITH had. SFC BAGBY confronted ~~~tr~~ SSG SMITH about our relationship, to which SSG SMITH ansva~ed that there a relationship. SFC BAGBY asked if th"re was a sexual r"lationship, to which SSG SMITH did not r"ply. SFC BAGBY said something to the effect you should start thinking about your care"r, ~hich I took to me that SSG S~ITH should start looking for another assignment. SFC BAGBY end"d th" conversation by telling SSG SMITH to leave. Sinc" early August 1993 to the Qeeti~g in Dece~ber 1993 I haven't s""n or talked to SSG SMITH except in a working capacity. Also from the ~eeting in December A 1993 to present 1 haven't se"n or spoken with SSG SMITH except in a working capacity~ Q: When the term sexual relationship was us"d above does that mean sexual intercourse t.:a.s involved in the relationship? A: Yes~ Q: Do you understand that caking a false offical statement is a criminal offense? A: Yes J:::..p Q: . Do you have anything ,,1se to add to this statement? A: Nolll End Statement ill ~ lXHllIT IIHITIAL'~' ",~IOH WIollIHG IT"'Tl"~HT I ,.AOE I 0' 2 1''''0''' ADDI7701~AL PACES InIST CONTAIN mE HEADINQ "STAT1!NI!.HT 01'_ TAKEIi AT _DAnD COHnNUllD." THE: BOTTON OF tACH ADDI770N,4L PADE /(lIST BE~ THE INI77AU 0' mE PE/UON /U.I'JNG ifi! STA T&IIfNT AND BE INI77AL!:D AS "PAOE:_OI'_PADES." W/!BN ADDITIONAL PACES AI!!! lIT1UZED. nu: BAClC OF PA~ Ilf7l..L BI; UNEO 01lT. AND THE STA TEJaNT 117l..L BE CONCLlJtJlUI. ON nt2 1UlVERSl!: SlDI; 0' 1oH0-nmR COpy 0' 77m ~. DA. !Jt~~2823 .u......&oU DA 'ON U". 1 JU4 II, ,,"Ie... WU..t. .. UIKb. I~F'R-~'t,-l ';"?t, ()-;.: 31 ";'1";' ~'..J:. :;:1":.5 F',03,'C13 HCI:iE 11HlLlIjfj ~'.~ :;; . . :' : -' ."...TIIl",,"T tCUI\"rtw'H)' AFFIDAVIT I, Dl!n;'~,. t-."MN BAGBY HAVE ReAl) 0" HAVE HAO "KAD to 11I1. THI' STATE'- ..tNT WMleH .(el"S ON PAoe , AHD ENDS ON PoAGE , . 1 ,uI.LV uNDtRSTAND THe CDHTC"TS 0' T.41:: eNTI..e ITATEM!"T WACE BY WE. T"E STATEtlU:NT IS TRUE, I HAVE ,"'i'i"i'At'io ALL. CDAR TIDMI AND HAVE INITIALED TH. lOTTO.. 0., ""'CH PAc~ CONTAIHINQ 1...a: $T4TE-I...T. I H"'V~ ......OE THIS ST"TU'~HT ff\= :",. y,. OUT h~P~ 0:'" er.:utF' o~ lIt:-:....fto. .,1':"HOU1' ':"H~C:'. 0, PUNISN.EOT. ANa .'TOOUT caEACloH. UN"UFU" INF"UCHW;~CC"EHT WITNESSES: (~I'".h/"'.I ".,..,. tJA) .,.....0 /I , ~ li." -t- S"~ICII"'~ .M .-.'" I. M...... ""MI ..,....,.... .., I" . l~ru.'<t'\t..hf, sj~~C' J ,." .~.;./",p .Y~..", ..."'CJo.u......tA.Oi ,. .,1.,,,,..., ....... fltl. 9..t.h-~.,.., ~ebruarv . 1'....2.!!... i-Q Co. ')5"<'. ., r'T'/:~~P,~,.,..a.ck\Z) /' r"rh:"k.t. ~(l4..t.c.~ ,..~ 1~/.1. ~ OIllGA"IZATIO" 011I: AOO"e,U ~ ./ i' (S/.,."... .., ,......Oft A-"",...u.".o.cAJ Wp.lt~~ T. REMMERT (TTP_4 Ii.... ., ,.~"" Atl.Jnl......M4 0."" OIllC....U%ATIO.. 0" "'DD"~ ~rr;c'p 1,6 (h)(4) UCMJ rA"''''''17 r. ......,...... o.~ 'WITI"'\.. 0... .....ON ....ftl" 0 'T&nwINT ,....2 .op2 _..a. 'U.S.G~~ Pt\'UlO~cr. '"1- 2J\~32 TCiHlL P. 03 " ,\~ ~"'~ ,\r- HSH "40-o1.IU~~a4 . US. GOVtRNt.-4E Nt PFiINllNG orr ICE: 1ge.-'~O ;;17 1''')01 EXAMINATIONIS) REQUESTED RADIOLOGIC CONSULTATION REQUEST/REPORT (R.diology/Nuclear Medicine/U/rmcund/Camputed Tomogr.phy (..min.riaml "r.E ~ SSN rSponoo,' W R It~ REGISTER NO. FILM NO. PREGNANT DYES 1 ELEPHONE/PAGiE NO. ilik SIGNAT 0 E U~~~ ~"'& s.~ c..tL~ ~ \'f\~'\~ SPECIFIC R.EASON(S) FOR REQUtST tComplaln', and flndln,1} d-1 ~1P \r~ (, b ~.~ (f;) ~ ~ rA L~ ',' CATE OF EXAMINATION (/tIon'h. do)', )',orJ DATE OF REPORT (Mon,h, do)', )',arJ 2 Jun 86 DATE OF T~ANSCRIPTION (1eI0"' . da)', "I,arl 2 Jun 86 RADIOLOGIC REPORT Right mastoid views, lateral and Towne, appear normal. ii;) " PAT lENT'S OENTlFICATIQN (For "'fI'd or wl"iU'n ,"trill ,It..: Sam' - Itut. fir. I. mlddt" ,""d'ce' Fati 1t)'J LOCATION OF MEDICAl. RECORDS .<:t',-~~\{\ ~\\,~ ~\J-h'-i6-{)'-\.--q \11p OW}~I~ 1~~5 ODQ:;. ~ ~~, j LOCATION OF RADIOLOGIC FACIl.ITY SIGNATURE '. ~pler, M.D. John W. RADIOLOGIC CONSULTATI I REQUEST/REPORT ~. 1 - ME.DICAl. RECORD ST ANDARD FORM 519.8 18.13' P,eu,lbtd by GSAjlCMR FPMR ('1 CFA) 101.11.106.1 -"-,'_~ . ..", .... ... .... . ..... f"': ~ - I' ,. ',' ..........,;...,'-. HSN 7S'o~n..lIl.71t~ '." US. GOVERNMEra PRINTING OFFICE: '98"-"~O 3:;1 1,")0' F.XAMINATIONIS) REQUESTED RADIOLOGIC CONSULTATION REQUEST/REPORT (R.diologyINu,le" Medi,ineIUI/,.,ound/Computed Tomog,.phy Ex.min./ions! IU3 SEX SSN (Span.ar' WARD/CLINIC C{ , ( - 1=,; REGISTER NO. J 71M:JJ ~ REQUESTED BV (Print} SPECIFIC R.EASON!S) FOR REQUEST (Cgmplol"'.ond flndl",., DATE REQUESTED ~~ -(z) /YJ.4iU ~ lfIo ry rtD DATE OF REPORT ,.MO"'I'I. doy. ~.ar) DATE OF TRANSCRIPTION (.Mon,I'I, do)', ~_or} ""~ .' t~"". I...., ~~;,,"'!'k- ~-L~. . ;..~.-::1~" ~.-:.~. ~ ...., 0 D.//~~"C "'.. "-4 19... ..." . ~.. "'''-''.. ' o I.~:J' .. C' 4-., ~ 1"J--fiIA. 4-.;1 . -or ./'... +.. "'.I'"..,.~ . .:- 'IJ^ . .. . r "-l . 4- _ . '-tb . ,,/ "'!"-.. :":.I~ ';:. ::~ "':<'y' ... ~ . . .. .... ~~: '., ''':' .:;. " "';~ !' f-~:~.' . -.' " . - I..... I t~: ...,.. ..:" . , P.ATIENT'S IDENTIFICATION (For hflcd or !L'rltr_" .nrrw. ,Il..: ....omt -10". fl,..r, mlddl., N.dlcol Fotllt)" '~I lO , SI~eVH !~3YrN2g o/J "..lld........ ...- . . :."'....:1 .t.!l crr .t..:--. ~\l1 LOCATION OF MEDICAL RECORDS , ::. ,'3:.; ~~ 7... :",y CE~H3:: .'::3f\l,,~,,-. . ..- LOCATION OF RADIOLOGIC FACIL.ITV J :t::~: ",AL: ...... w Jot,' ~'''; SIGNATURE ~. SY;;-7 ~D.Y~-:...,. ) .J RADIOLOGIC CONSUlTAT. ' .I REOUEST/REPORT -. ! , - MEDICAL. RECORD .. ) STANDARD FORM 519, P'.iC'l~d by GSAJICMR FPMR t4! CFR).l.~~'l~. . ,. J." "'..:,..;''';'~....''-t"';'''t~.... ~. , ,\~ ,-':::l ,\f" .'''10' HSH 7UD"()'~1U-;," . U s. GO\'EF.~I~ENT PRINTING OHleE: 1ge4-'~O :;37 ~\'{\~.\~ RADIOLOGIC CONSULTATION REOUEST/REPORT (R.diology/Nuclelf M,dicille/Ultflscund/Compuled Tomogflphy Ex.minarionsl I A C ~ S.N lSpo.'o.} W R I FII.M N-O. . EXAMINATIONIS) REQUESTED TOR~ ~ s.~ C,t r0 SPECIFIC A.EASON(S) FOR RE~utST {Camplo'nt. and Olldt",,} 'd-l~&o \r~ c to ~.~ Cf9 ~ ~ 7-.. l~ ~ 2 Jun 86 OATEOF TRANSCRIPTION (Mont ,dG)',y,orJ ~ 2 Jun 86 CATE OF EXAMINATION (Monlh, do)', y,arJ DATE OF REPORT (Month, do)', Hot} RADIOLOGIC REPORT Right mastoid views, lateral and Towne, appear normal. ~ ~ PATIENT'S DENTIFICATION (For I)fttd or wrUtt'n ~"trjt', ,h~: ,""am, - 'jut, "r,', m,ddl" ""dlco' FlJci It)) L.OCATION OF MEDICAL. RECORDS .~'-~~'{\~"\\.~ ~\J- ~~,H:J o,-\--q \1 ~ OW}~I~ I\=~S-A Ol:>Q:;. r:::, ~ ~~, ) _J LOCATION OF RADIOLOGIC FACILITY SIGNATURE John w. " ~(fer , M.D. RADIOLOGIC CONSUL TAT! I REOUESTIREPDRT ~. 1 - MEDICAL RECORD STANOARD FORM S19.B \1.131 P,.,c,ID'd by GSA/ICMR FPMR (41 CFR) 101.11.806.8 CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACfION - LAW NO. 94-2203 CIVIL TERM DENISE BAGBY, Defendant : IN DIVORCE PLAINTIFF"S ANSWE.HS TO DEFENDANT'S INTERROGATORIES TO PLAINTIFF TO: Reginald L. Bagby and Robert Mulderig, Esquire, his attorney 32 South Bedford Street Carlisle, P A 17013 Please be advised that pursuant to Pennsylvania Rule of Civil Procedure No. 1920.22, you PIe 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 infonnation to the undersigned by Supplemental Answers. If, between the provision of your Answers to the following Interrogatories and the time of the any hearings, in this case you or anyone in your behalf should receive infonnation 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. 1 '. . It is now certified that the original and two copies of these Interrogatories were mailed to the counsel of Plaintiff on this date by the undersigned. ~ . Date: June .:. (, . 1996 2 . . .' 1. List any and all savings accounts, CD's, Mutual Funds, Money Market's, including the account nwnbers and the current value at the time of sepamtion and today. ANSWER: Fort Bliss Federal Credit Union P.O. Box 6082 El Paso, TX 79906 (Account # 6819499) Savings: $9.00 (~~lIllllnll ) As of 22 July 96 Checking: $15.06 ( ltldllUn~ ) As of 22 July 96 Fort Belvoir Federal Credit Union (Account # 12936870) 14040 Central Loop Woodbridge, VA 22193 Savings: $25.00 (As of 22 July 96) Checking: $400.00 (As of 22 July 96) *****************.******...*******.**...*************...*** Accounts at the time of separation... Defense Activities Federal Credit Union (now Members First FCU) 5275 E. Trindle Rd. P.O. Box 40 Mechanicsburg, PA 17055 Account # 127882 Savings: $339.05 Checking: $22.97 (CLOSEDl (CLOSED 3 ;-~l~J,' 2. List any and all checking accounts. including the account numbers and the current value at the time of separation and today. ANSWER: See page # 3. 4 ~ . 3. Do you have nay interest in any retirement or pension plan, including a KEOUGH Plan or lRA< include the account number and the current value. ANSWER: 246-04-9176 Currently active duty military. No other retirement or pension plan. 5 1 4. List any and all Life Insurance Policies in your name or in joint names, including their current value. ANSWER: Military SGLI - $200,000.00 6 ..: , . , 5. Please attach a copy of the 1994 and 1995 Federal, Slale, and local tax forms. ANSWER: I can not locate the 1994 files; the 1995 return is attached. I do not pay state or local taxes. . , .' 7 Check the box for your filing status ISoo pogo 20,) Chock only ono box, Figure your exemptions ISoo pogo 22,) " mot1I than ......., dopondonls. _ pogo 25, Figure your adjusted giQS:; income Attacn Copy S lit your Fonnl W.2 Ind 1099.0 he", If you oldn'l c;ot . '.'1-2. see PDge 21. Er.c~os.. but do not artacn, any payment ;;:;;; ~~ ~ =~ :....;.:;;...~ --... c.n-..., -4 =-= )> ---:: ~== S; .... ... I ~. ; --....- = == - ~~ llopotlmont of tho Tl'IUllIl'-lntomal R_ _ U.S. Individual Income Tax Return RJ 1995 , . - IRS U.. Only-Oo nol wrtto Cll' __ In tNo opooo, OMe No. 1546-0085 ,> HotniIIdchN (number Ind .trMCJ. 1f)'OU hIv.. P.O. boa, ... pagt '1. tf/"OO a;(" QI\ k.s CIty, town Of poet ofl'tcI, NI., and liP cod.. If you hi..... ror..gn Idchtt. ... pege '1. E L Vet ~ 0 Ie y.a s Presidential Election Campaign Fund (See page 19.) Do you want $3 to go to this fund? '. . . . . . . . . If a oint return. does our spouse want $3 to 0 to this fund? 1 0 Single ,', , ,'. , ' 2 '0 Married filing Joint return (even If only one had Income) ',' 3 (llI Married filing separate return. Enter spouse's soclel security number' ,. . ,. . above and full name here. ~ () e ~; s e. B4Jb y , " , ,4, 0 Head of household (with qualifying person),' (See page 21.) If the qualifying person Is 11 c;hlld , but not your dependent, enter this child's name here. ~ 5 0 Quail In wldow(er) with dependent child ( ear spouse died ~ 19 6a V.......II. II your parent (0< someone eI8e) can claim you II e dependent on hie 0< her w, return. do not check box 6a: But be sure to check the box on line 18b on page 2. . L, ". toInI rftm.IPO'*" ftnt I'IAme II'ld ItVtIal .... Apt. no. 131 '1 V.. No " bO cDepe"d~l,ta: , . y...._~- 2'11:-: oL/: 'f 17 (:, 190<1oo'1 - -..1Ir_ j,'3'7:Qb: '3163 For PrMcY Act and , ' Paperwork " " " Raductlon Act ' . ' Notlce._ ~ge 11: ' Nota: CheckIng "Yes" will not chMJge your tax or reduce r refund. ~ ': ~. (3) Oependenl', rel8l19nshlp to you (4) No. 01 , monthe lived In your home In 1995 No. ofrow' ' .:.:. _on eo_,: ::", . -- .: ~ .":"~".:'.~ (2) Dependent', 1lOC1a/ I8CUrily number. II born In 1995, ... page 25. (1) FInIl name L8s1 name i. ' d Ifyiuchlld didn't Jive with you but Is claimed as your dependent' , under a pre-1985 agreement, check here . .. ...: . ~ 0 '8 Total oomber of exem tlons claimed.' , , ; 7 Wages, salaries. tips, etc. This should be shown in box 1 of your W-2 form s . Attach Form s W-2. '. Sa Taxabla Interest income (see page 28). If over $400, attach Schedule 1. b Tex-ellll1 t interest. DO NOT include on line 8a. 8b 9 Dlvidellls." over $400. attach Schedule 1. ,108 Total IRA 10b distributions. 10a 11a Total pensions 11b and amultles. 11 a 12 Une ment com ensatlon see a e 32 , 13a Sccial security 13b b€1efll3. 13a .,._,...;' :, -rou duo " " to_or ... ==281 . 'o-p.-.. . '.. on eo not --,- ~~ 'l' -- L!..J 7 ;), 315 8a 9 10b 11b 12 13b 14 158 our totallncome. ~ 14 :2.. 9 3) 5 15a b S uSll'sIRA deduction see a e 35 . 15b c A~d lmes 15a and 15b. These are our total ad uatments. 15c ,-j- 16 S~~ll1ct line 15c from line 14. This is your adjusted gross Income. If Iela. than $26,673 and a child lived with you Oess than $9.230 if a child didn) live with you), see 'Earned income credit" on page 47. ~ 16 J? 3 5 c... "c, 12601H 1{195 ."0..11 1040^ pag1l1 L-I.. /' it, "rl,1\ {I {, 0\ (\('" <, 5 1i1,{.,. tJ., C'I . 7 7 3'7 '1 C. if (/ G (l '-If)." ~ c;) , _~ .<o_......_....~r ..... '1\195 Form 1040A page 2 .17 . Enter the amount from line 16. I . ,~-. . . ;,188' Check {OYOU were 65 or older " o Blind } Enter number;'f ~ ...,.; If: 0 Spouse was 65 or older 0 Blind bone checked ~ ':::'.'b, If your parent (or someone else) can claim you as a dependent, :' , ,', " " , . ,.- h k h .... 18b D' <,., '~'.h". ..'l:<.::.c ec ere. ~.'. . : '. . . . .... . . . . . ."~ . . .., J ....r;: . . 0 If you ara married filing separately and your spouse itemizes "', . -. L deductions; see page 40 and check here.. . . . .; '.... 18c O. :\.; .. :::.: \19 . Enter the etandard deduction show~ below for yo~r. filing status. But .." ';': "c:,:' '. ,', ,;,'J '.If you checked any box on line 188 or b, go to page 40 to find your . ,,';"t. '. '.' . t~'?:-:,~ deduction. If you checked box 180; anter ,~./ ;~ ':"",',:;"'".i.:'?i{Y;. ':':":':' ", . t::i("'~ ~lnpl~'llllO · ~arrled filing .Jolntly or aual~fyl~g wld~w(er)--$8~~5?, [ :: .. ,;..., ,.' . H..:;,.,;',. Head of household--$5,750 .. Married filing separatety-:.$3,275. ....;~~:19' 31:2-7 S - '20 Subtract line 19 from line 17. If line 19 Is more than line 17 enter -0-. 20 0 ti ;21. . Multi $2500 b the total number of exem tlons claimed on line 68. ' 21 5 DO 122 Subtract line 21 ft:om line 20. If line 21 Is more th~ U~e 20, .enter-:O-. ".' ',) "l3 ...... Thlsls ourtaxablelncome. ' '.. '.. '.'... ," .~.... 22 "^- .23 ..,fInd the tax on the amount on IIl)e 22. Check If from: \-'; 09 Tax Table a es 65-70 or ;..D Form 8615 see , ~24a Credit for child and dependent ca':ll expenses. , " ~,';"Attach Schedule 2. .'... '24a ~ ~ I b 'Credit lor the elderly or the disabled. , . ,'. , .~.. !.:.:,.,'Attach Schedule 3.... 24b (.... .' (0 Add lines 24a and 24b. These are our total credits. 240 '25 . Subtract line 24c from line 23. If line 240 Is more than line 23, enter -0-, 25 !26 Advance earned Income credit ents from Form W-2. '.' . . 28 r XI . Household em 10 ment taxes. Attach Schedule H. ' 27 '28' Add lines 25. 26. and 27. This Is our total tax. .. 28 i 29a Total Federal income tax withheld. 1/ any Is, 3. 0 J ~ .. i" ',from Forms 1099.checkhere.~ D '29a "''-' -.'. ,..'- ~;r:b~ ;1995 estimated tax payments and amount ,...: :. ,i.. ",,'r,:.'.' ','.' ' ,,:;.: '. s ':.:.: f .<:~ lied from 1994 return. ....,. '. 29b,'" ~.l.... &. ';:'0 "Earned Income credit. Attach.. '" .;'.' " ....: :i ~;:1\:~:ScheclIle 'EIC 1/ ou have a uall In child. .' . 29c' .",'..:,.,~,'.',',:,..';..,'.,~.:.:[,I'.:::!;,'.>:.,:, :.;~:.:::x; " . r:.":,~! ble earned Income: .,., '. '.,:,' .. , . ..... t,,:amount" -+-- ,and type" ,'" .',\;;.:.Fl ~ . d Add lines 29a, 29b; and 29c (don't Include nontaxable earned Income). ~' '! These are our total a ments. . .. 29d 30 If line 29d is more than line 28. subtract line 28 from line 29d. This Is 1he amount ou ove ald. ' , 31 Amount of line 30 ou want refunded to ou. 32 'Amount of line 30 you want applied to your , . " '~ 1998 estimated tax. . :. 32 , 33 If line 28 is more than line 29d. subtract line 29d from line 28. This Is the amount you owe. For details on how to pay, Including what to .. ' '. writ. on your payment, see page 55. 34 Es:imated tax penalty (see page 55). ,\150. In.:Iude on line 33. 34 . ' SI ~ penalties 01 porJury. I doclaro thot I _ owninod thll rwI\m ond oc:componylng __ ond lIItomonl>. ond to tho gn your boll of my knowlodgo ond boIlof. thoy.... _. CCll'TICt, ond _oIy 1101'" omounto ond _ oflnccmo '....Ivod dl>1ng return I ... lox yoer. Deelorat"'" of pnlpOIllt (othotthan tho toxpoyot) II buod ",,"'Inlonnotlon 01 which tho __ has any knowlodgo. . ,.... Your signature ~ Date Yow OCCUPltlon ; ~ K of' . d ,P. r. I ?:, f),), ON (kft,' ])"T. eep a copy this return for. L. S lu . BOTH m~ sign. Oate Spoute'. occupation your recoms , Paid Plopvor'. ... prepaer's ~IU" , use only -'. nomo (Cll' YOU" ~ t H1f.omployed) and _. . Figure your standard deduction, exemption amount, anCl taxable Income Figure your tax, credits, and payments K you wenllhe IRS to flgure your tax, _ the Instructions lor line 22 on page 41. Figure your r,,!und or amount you owe ... .. ~.~~ ~~~ --..- !!::".~ z -= ~- )> -......:1 CJ1 .,.." , :t- ~.~ ? -, ,- ...) . =-..~~ - == == .... : . ,.......'".1'...'i~:,.. ,j "o"','-~"It.~Jr,~i'Wl~J- 17 OI.'f, 31$ E r::;(J " .: :.. ,; ;:'''(i~J 1~a~, ~/ ',;',.':" ,',< 4- ~;~:.' . ,:,:.' :~"i,:;~~;. "~ .', .. . '. ~I ;,.'t......fi;,r-; DS:z. 05;;1..- 3 0/'3 ....:. .' 30' 31 ';1< ','.' ,:;; ,'". ,;" ,,;~..<l'..I,l ~'1."!..~, "<.-".' . t'" ','~. -'~ n.p'" ~ !:'~:'('.'1:?'.'~",.'>".':-; '}l.J. ':.' 33 9~ Dol. ",-,"<,ISSN Z1PCQdA "';)~Jl"5'''' :~ o ""*"-d OIl ,.-yded".,., 199;; Form lC~OA pug.:: , , . ,'1'1 5 f () /I II I 0 ~() A' ~oj '" _ ,0 ~ : 'I ,.'7 ~ 4-( '1 15 \ Sf. ~ ' ~ 11- ~ LIt'). ,'\ ".. ,. ' A Ii .rl: O~ _ 11 , '7? (, '1)~~tfi U"iJ) (';tf:>. i"" /' A C (R.. tit' ' ( ....' [...'1..\ \! )(../, . I 6. List all real estate property owned either solely, jointly, tenants in common, or tenan(s by the entirety giving the date of acquisition, the value of said property at acquisition, value at the time of the marriage, and the value at the time of separation. ANSWER: None 8 .. i 7. Set fonh all other income received, other than heretofore set fonh in answer to the Interrogatories, whether reponable or not for Federal Income Tax purposes, during the current year and the past five calendar years and as to each item of income, set fOM date, amoWlt received, source and basis for the income. ANSWER: None 9 , .. 8. Set fonh a list of your outstanding obligations, including but not limited to, mortgages, conditional sales agreements, security agreements, contract obligations, financial statement, promissory or judgment notes, stating whether the obligation is individual, joint, or joint and several, the original and current amount of the obligation, the date and source I)f the money. ANSWER: (1) AmeriCIll Honda rmlllce Corp. . $4971.14 .............................................................................. The foDowing CWTCDt finlllcial obligations III'C the resuh ofbiD consolidations for debts inCUlTCd jointly during the marriage; time of separation debt amotmt was approximately 522,706.00. These III'C now acCOWlts in my name alone. (2) Security Pacific ExecutivclProfessional Smices, Inc. - $9965.00 (3) Colonial National Bank - $8S9S.96 ............................................................................... (4) Order of the Court. Court ofCoDlDlon Pleas of Cwnbcrlllld County, Pcnmylvania Support Order .S9060.00 (Annually) + 64% of Medicalllld Dental 10 , 9. State whether anyone, whether individual, corporation, partnership, or any other entity or party owes you any money, or if you hold any mortgages. If S0, identify the name and address of the debtor or mortgagor and the amount of the debt. ANSWER: None 11 .. 10. State whether you own, lease, or does any person, finn, entity, corporation, or other party, supply you the use of an automobile, truck or other motor vehicle? If so, for each automobile, truck or other motor vehicle, state: year, make, model, name and address of the legal owner, date of purchase or acquisition, purchase price of the automobile, truck or other motor vehicle. ANSWER: 1995 Honda Accord LX (Leased) American Honda Finance Corp. 601 Campus Dr. #C7 Arlington Heights, IL 60004 Car is leased in my name only. Monthly amount: $292.42 12 , . - II. State whether you own any furniture, household goods, jewelry, furs, artifacts, works of art, or other personal property, other than security. If so, state estimated present value, a value at the date of separation, and present location. ANSWER: ITEM EST. PRESENT VALUE VALUE AT SEPARTION Bed $500.00 200.00 $500.00 200.00 Dresser Night Stand Table/w/chairs 150.00 75.00 150.00 Sofa 50.00 150.00 100 00 25" TV 00 OO(broken) Portable Stereo 35.00 40.00 15.00 386 Computer 200.00 500.00 ** Note ** All items listed above were extra/basement items with the exception of 386 computer. 13 12. At any time during your marriage, were you engaged in any business enterprise, either solely or jointly with others? If so, for each business state name, form of the business organization, your ownership share, your dates of ownership and the annual gross profits of the business during the past five years, or if discontinued or sold, the amount of money receive<! as a result of the discontinuance, termination, or sale. ANSWER: No 14 <._~- 13. Set forth a list of all money or assets recr.ived by you by way of gifts, inheritance, or through source other than earnings or other reportable income or loans form the inception of the marriage, including date, amount, or value received, and source. ANSWER: None 15 14. As to any and all checking accounts maintained by you, which you had power of signature since the inception of the marriage, any and all savings accoullts, cenificates of deposit, money market nmds, savings cenifications (all hereinafter referred to as "accoullt"), or similar items hereto, maintained by you over which you had the power of signature or allY illlerest in or deposit money to or withdrew money from , since the inception of the marriage state: a. Name and address of the bank or other financial institution; b. Account name, number, and type, date account commenced and terminated, if no longer active; and c. Amount in account presently or, if closed, the amount in the account at the end of each of twelve prior months to the date of closing. ANSWER: See page # 3. 16 1 S. As to any real estate which you now have or have had an interest during the marriage. whether individually. jointly, or in partnership fonned by entirety, or as trustee, for any person or as beneficiary under any trust or held for your beneficial interest or any other method set forth, address date of acquisition, purchase price, date and place of recording, your best estima(e of market value presently or if sold. value at the time of the sale or other disposition. ANSWER: None 17 ,..00:...... ,.~.... . 16. For all stock, securities, and bonds, inc!uding but not limited to stocks, mortgages, treasury bills, mutual funds (hereinafter referred to as "security"), owned, held, purchased, acquired, sold or disposed of by you since the inception of the marriage, either individually, jointly as tenants in conunon, trustee for any other person, custodian for any other person, or as beneficiary or cestui que trust, or in which you had a beneficial interest, please list type and number of securities acquired, date and price at purchase or acquisition, date sold or otherwise disposed of, and price or value received. ANSWER: None 18 17. State whether you have any insurance or alUlUity coverage not 1i~1ed ill the Answer to the preceding Interrogatory. If so, for each policy of insurance or almuity, state the names and addresses of the insurance company, type of policy, amount of coverage, and present cash surrender value. ANSWER: None 19 18. State the extent, type and location of all books, papers, records, and other fmancial documents in your possession or control, which will reflect your income or assets. ANSWER: Monthly leave and earnings statements, tax return, and credit union statements. I retain said documents in my residence. 20 19. Have you recdved or do )'OU antiripate receipt of an)'thing of value from any ~ource, including, but not limited to, gift~, judgments, settlemenl, litigation, devise, bequest. legacies, insurance proceeds, loans, dividends, property in reversion, remainder, or CXjlCctancy, or trust or tru~ts in which you or any of your children are beneficiaries, or any interest nol hereinbefore set fonh. If ~o, identify the source, reasoll, date and amount or value of the receipt. ANSWER: None 21 20. Do you have or have there been any safe deposits boxes, vau\(s, safes, storage facilities, or other places of deposit and/or safekeeping, (hereinafter for the purpose of brevity referred to as place of safekeeping), maintained by you or in which you have deposited any money, documents, or other items of personal property, or in which you have powers of signature or access to any such safety deposit boxes, vau\(s, safes, storage facilities, or other places of deposit and/or safekeeping, since the inception of the marriage. If so, state name and address of bank or other location and list aU items located in such place of safekeeping. ANSWER: None 22 21. Itemize your average monthly living cxpenses in detail, including, but not limited to, relit, clothing, food, utilities, telephone, transportation and car, medical and dental, insurance of any nature, mortgage and other loan payments, taxes, and other regular personal items of any nature, laundry and cleaning, transportation, education, entertainment, recreation, personal and grooming expenses, alcoholic beverages, nightclub entertairunent, motion picture entertainment, out of town trips, tobacco products, gambling (as to gambling, specify the sport or game involved), sports equipment, support for any other person, and any other expense. ANSWER: EXPENSE AMOUNT Rent Cbi\d Support Spousal Support Federal Taxes Dentallnsur1nce Domestic Relations Office Fees Automobile Lease Automobile Insur1nce Automobile Maintenance Food Telephone Credit Card Payment Loan Payment Cablcvision Gasoline Military Grooming Newspaper EntcrtaimncntlRecrcation ChDdrcn's Dental Fees ChDdrcn's Medical Attorney Fees SI065.00 606.00 149.00 472.31 16.92 26.00 292.42 80.30 200.00 200.00 50.00 160.00 200.00 65.00 60.00 40.00 30.60 30.00 64 percent of total 64 percent of total SS 23 FREQUENCY Month1y Month1y Month1y Montbly Month1y AmwaDy Month1y Montbly AmwaDy Month1y Montbly Montbly Month1y Montbly Montbly Montbly Quarterly Month1y Varies Varies Varies . 22. State the names and addresses of all persons who were witness to or have knowledge or information of any relevant fact relating to this action, or who possess proof of the facts involved in their relationship to you, and indicate whether any record or recorded statements were obtained from any such person. ANSWER: Too indefinite to answer. 24 23. Identify all agreements of sale related to real property for which you are currently a party and attach a copy of such agreement. Identify which such agreements relate to marital assets and identify where funds received of such assets are held. Describe any escrow agreement relating to the receipt of any funds, including the specific nature of the escrow, the escrow agent, and the amount presently held in such funds. ANSWER: None 25 -"'-.- 24. List, by property and amount, all money received as rent on marital property including all properties obtained during the marriage since April 1994. ANSWER: None 26 ,-....""""'- 25. List the names of aU women that you had affairs with during the marriage and prior to the date of separation and the dates of said affairs: ANSWER: None 27 ~;.::'- . .. . CERTIFICA TE OF SERVICE I hereby cenify that a true copy of the foregcing Plaintiff's Interrogatories to Defendant was served on the following person by First-class mail, postage prepaid addressed to: Robert Mulderig, Esquire Law Offices of Ron Turo 32 Soutb Bedford Street Carlisle, PA 17013 Date: James J. Kayer, Esquire Libeny Loft 4 E. Libeny A venue Carlisle, PA 17013 (717) 243-7922 29 . . VERIFICATION OF PLEADINGS The foregoing docwncnl is bued upon infonnation which has been gathered by my cOUlllel and JDYIc1fin the prcpmtion of this action. Thc languagc ofthc docwncnl may, in part, bc the 1anguagc ofmy cOWlScI and not my own. I have read thc statements made in this docwncnland to the atcnllhat it is bued upon infonnation which I have given to my cOWlScl. it is true and correct to the best ofmy knowledge, infonnation and bclie[ To the extcnllhatthe contents ofthc rtalements arc that of cOWlScl, I havc rclicd upon cOWlScl in making this Verification. I IUIdcntand that false statements herein arc made subject to the penalties of 18 PA C.S.I:Pt904. relating to 1UllW0m falsification to authorities. Date:~.I996 ~ C/#n- . .. . . CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the P1alntilT's Answers to Defendant's Interrogatories to p1alntilTupon Jwnes J. Kayer, Defendant, by depositing same in the United States Mai1, r: c~~ ? day of . A ~~-t , 1996, from Carlisle, flJ'8t class, postage pre-paid on the Pennsylvania, addressed as follows: Jwnes J. Kayer, Esquire 4 East Liberty Avenue CarJisle, PA 17013 LAW OFFICES OF RON TURO , : J ! ; I . ; 1 . J> \. ~ . - ... REGINALD L. BAGBY. Respondent/Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 94-2203 CIVIL TERM vs. DENISE BAGBY, Petitioner/Defendant : IN DIVORCE PRETRIAL STATEMENT BEFORE THE DIVORCE Master, E. ROBERT ELICKER, 1 II ESQUIRE, PURSUANT TO PAt RULE OF CIVIL PROCEDURE 1920.33 I. BACKGROUND The Plaintiff, REGINALD L. BAGBY, has brought this action before the Master, E. Robert Elicker, II, Esquire, seeking equitable distribution of property. The Defendant, DENISE BAGBY, has filed economic claims including alimony, alimony pendete lite, and counsel fees and costs. The parties have two children, REGINA, born 1/11/79 and CHRISTIANNA. born 10/11/81. The Defendant. DENISE BAGBY, has primary physical custody of the children, and has continued to have such custody since the parties separated in March of 1994. The following information is provided pursuant to PA. Rule of Civil Procedure 1920.33. II. LIST OF MARITAL ASSETS - REAL EST ATE The parties do not possess any interest in Real Estate nor have they over the course of the marriage due primarily to the nature of the Plaintiffs career, being an active serviceman in the U.S. Army. III. INTANGmLE PERSONAL PROPERTY A. Bank Accounts of Plaintiff - At the time of the parties' separation, Plaintiff claims he has account balances of approximately $360.00 in two separdte accounts with the Defense Activity Federal Credit Union (Now Members 1st Federal Credit Union). B. Insurance Policies - The Plaintiff has a military SGLI policy that will pay a benefit .. \ .' . ." of $200,000.00. It is unknown whether this insurance policy has any current value. C. Military Pension - Over the course of the parties' marriage, the Plaintiff, due to his service in the U.S. ArnlY, has earned a military pension. While the value of this pension is unknown, it is anticipated that the Master will order that this pension be divided in a deferred distribution method. IV. TANGIBLE PERSONAL PROPERTY At the time of the parties' separation, each of them had a motor vehicle. The Plaintiff, despite repeated attempts, has not provided the Defendant with any information with regard to the disposition to the Cougar that was in his possessi JIl at the time of the parties' separation. With regard to other tangible personal property, including home furnishings, appliances and other belongings, the parties have previously divided these items to their mutual satisfaction and each of them possesses approximately $1,500.00 to $2,500.00 worth of personalty. TIlOse major items of personalty are more specifically set forth in the Defendant's Inventory and Appraisement which is attached hereto. V. EMPLOYMENT AND INCOME TIle Plaintiff is a current serviceman in the U,~. Army with approximately twenty (20) years of service. He is an enlisted man with a grade of E-8. His most recent leave and earnings statement confirms that his base pay and entitlement total a gross monthly income of $4,603.00. The Defendant is without knowledge as to when the Plaintiff will retire, but upon his retirement, he will be eligible to receive a military pension due to his length of service. The Defendant has trdditionally been forced to sacrifice any potential career due to the nature of Sergeant Bagby's service. She currently is working as a civilian at the Army War College in a clerical position and has a net monthly income of approximately $1,300.00 as .. \ , evaluated by the Domestic Relations Office in September, 1996. Due to the Plaintirrs military service, the parties had to relocate their residence on numerous occasions, including duty overseas in Gennany. The con~1ant relocations precluded the Defendant from pursuing any type of pennanent career or even education. On occasion she has been employed while the parties were married, but she also was the parent primarily responsible for caring for the parties' children and stayed at home for this task as well. VII. MARITAL MISCONDUCT Over the course of the parties' marriage, the Defendant has been subjected to various fonns of marital misconduct chiefly in the fonn of physical abuse, as well as adultery perpetrdted by the husband. On occasion the abuse was substantial enough in nature to require medical treatment and the Defendant is prepared to produce those medical records which document the treatment that was required. Additionally, the Defendant is aware of at least one affair that the Plaintiff had over the course of the parties' marriage. This affair occurred approximately fourteen and a half to fifteen years ago while she was pregnant with the parties' youngest child. The Plaintiff engaged in sexual intercourse on numerous occasions with a prostitute and the way that the Defendant became aware of this conduct was when she was advised by medical personnel at the local Anny Medical Facility that her husband had requested that she be given a penicillin shot and not be advised of the purpose of the injection due to the fact that he feared that he had contracted a venereal disease from the prostitute at that time and that he may have infected his wife as a result of sexual contact that they had after his adulterous conduct. Had the medical personnel followed through on the husband's advice, they could have compromised the Defendant's pregnancy as she is allergic to penicillin. Defendant is prepared to produce testimony from Lieutenant Colonel Laverne Norton-Kornegay (then Captain), to confinn her .\ \ . , involvement in the above referenced incident. The Defendant has also been advised by other individuals of other rendezvous and affairs that the Plaintiff pursued over the course of their marriage. While Defendant recognizes that these incidents of marital misconduct will not play a part in the detennination of equitable distribution of property, she believes that they are material in the Masters considemtion of alimony. VIII. LIABILITIES Upon the parties' sepamtion, there were significant marital liabilities that existed. Those liabilities that she is specifically aware of. the Defend!lllt has listed in her Inventory and Appmisement which is attached hereto. IX. WITNESSES It is anticipated that the Defendant wiil testify on her own behalf. She will testify with regard to all relevant factors to a proper detennination of equitable distribution of the marital property, as well as her claims for alimony and counsel's fees. In the event that the parties cannot agree as to the relative values of their personalty, the Defendant will also testify as to the values of such personalty. Defendant may also call Lieutenant-Cornel Laverne Norton-Kornegay with regard to husband's marital misconduct. Other witnesses that may be called with regard to husband's marital misconduct are Michael and Sandra Theart. X. EXPERT WITNESSES It is not anticipated that the panies will need to call any expert witnesses. As both parties essentially agree that any division of the Anny Pension should be done in a deferred distribution method, it is not necessary to obtain a present value calculation of the pension. . , . " XI. EVIDENCE AND EXHIBITS I. Copies of loan and loan balances 2, Copies of bank records of the parties 3. Medical records documenting prior incidents of physical abuse of the wife XII, PROPOSED RESOLUTION OF THE ECONOMIC ISSUES AND DISTRIBUTION The Defendant is requesting that the distribution of marital assets occur on a basis of sixty (60) percent for the wife and forty (40) percent for the husband of the overall net worth of the marital assets and property. This would include a 60/40 division of the marital portion of the husband's military pension. She seeks a distribution of sixty (60) percent of the marital liabilities for the husband and forty (40) percent of the marital liabilities for herself. She would also seek that the husband obtain a term life insurance policy with a payable benefit of $100.000.00 for that period of time commencing from the date of the divorce until the husband retires from the military, said premiums would be payable to her and represents her interest in his pension should he predecease his retirement. The wife also seeks an alimony award in the amount of $300.00 per month, the calculation of which should take into account not only the relevant economic factors that should be considered which include the husband's greater income and income potential in the future. but also the wife's sacrificing any attempt at a career for the betterment of the husband's military career. The alimony award should also take into account the marital misconduct which has occurred on the part of the husband over the course of this marriage. Any marital misconduct alleged by the husband against the wife, specifically addressing the incident which occurred just prior to the parties' separation is incomparable to the years of abuse and adultery tolerated by the wife. . , , '. Finally, the wife seeks reimbursement for her counsel fees in this divorce as the husband has done nothing to further the progress of the divorce since his initial filing of the complaint. Husband, and his first two attorneys, were totally unresponsive to infonnal discovery requests that were made over the course of this litigation and it was only through the intervention of the husband's current counsel and the use of fonnal discovery, that any progress has been made at exchanging relevant data so that the parties could attempt to resolve this dispute without the use of the divorce master. Statements of attorney's fee will be provided at the time of the hearing. Respectfully submitted, KA YER & BROWN Dated: October 28, 1996 . , .' ,t. ." INVENTORY AND APPRAISEMENT OF DENISE BAGBY Plaintiff, Denise Bagby, files the following inventory and appraisement of all property owed or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff, Denise Bagby, verifies that the statements made in this inventory and appraisement are true and correct. Plaintiff, Denise Bagby, understands that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Respectfully submitted, Page 1 of 16 , , ... '. ASSETS OF PARTIES Plaintiff. Denise Bagby, has marked on the list below those items applicable to the case at bar which are itemized on the following pages as marital assets. If an item has been appmised, a copy of the appmisal report is attached. () 1. Rea I Propert y (X) 2. Motor Vehicles () 3. Stocks, bonds, securities and option () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts (X) 9. Life Insumnce policies (indicate face value, cash surrender value and current benefits) ( ) 10. Annuities ( ) II. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) IS. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - sevemnce pay, workman's compensation claim/award ( ) 17. Profit sharing plan (X) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21 Litigation claims (matured and unmatured) (X) 22. Military/VA benefits ( ) 23. Education benefits (X) 24. Debts due, including loans and mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other Page 2 of 16 . \ ... , . MARITAL PROPERTY Plaintiff, Denise Bagby, has listed all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Date of Acquisition Names of all Owners I. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. IS. 16. 17. King-size bedroom suite Full-size bedroom suite Full-size bedroom suite Big Screen Television Brass & Glass Dinette Set Used Washer & Dryer 1979 Ford Escort 1982 Station Wagon 1993 Mercury Cougar Computer with Work Station Brass Wall Mirror Living Room Sofa & Two Chairs 8-piece Sectional 25" Color TV Smith & Wesson Revolver Dining Room/China Cabinet Craftsman Tools w/chest 1992 1992 1992 1993 1992 1992 1992 1992 1993 1992 1993 1987 1984 1984 1980 1985 overtime Page 3 of 16 , , , ~ , . , Cost or Value Value as of Item as of Date Date Action Amount of Number of Acquisition Commenced Any Lien I. $ 1,300.00 Unknown Unknown 2. 600.00 Unknown Unknown 3. 600.00 Unknown Unknown 4. 1,300.00 Unknown Unknown 5. 400.00 Unknown Unknown 6. 350.00 Unknown Unknown 7. 7.000.00 Unknown Unknown 8. 5,000.00 Unknown Unknown 9. 20,000.00 plus Unknown Unknown 10. 2,000.00 Unknown Unknown II. 250.00 Unknown Unknown 12. 1,500.00 Unknown Unknown 13. 900.00 Unknown Unknown 14. 500.00 Unknown Unknown 15. Unknown Unknown Unknown 16. 2,500.00 Unknown Unknown 17. Unknown Unknown Unknown Page 4 of 16 . , , . . . Item Number Nature of Any Lien Effective Date of Lien Holder of Lien Page 5 of 16 . . , . . , NON-MARITAL PROPERTY Plaintiff, Denise Bagby, lists all propeny in which a spouse has a legal or equitable interest which is claimed to be excluded from marital propeny: Item Number Description of Propeny Names of All Owners Date of Acquisition I. 1994 Saturn Denise Bagby June 1994 Page 6 of 16 . . , . . Cost or Value Value as of Item as of Date Date Action Amount of Number of Acquisition Commenced Any Lien I. $10,800.00 Unknown $7,000.00 Page 7 of 16 , . , . . Effective Item Nature of Date of Holder of Number Any Lien Lien Any Lien \. Car Loan June. 1994 Members 1st FeU Page 8 of 16 . . . . . Item Number Basis For Exclusion From Marital Property I. Post separation acquisition Page 9 of 16 . , . . PROPERTY TRANSFERRED Plaintiff, Denise Bagby, lists all property in which either or both spouses had a legal or equitable i.llerest individually or with any other person and which has been transferred within the preceding three years: Item Number Description of Propeny Names of All Owners Date of Acquisition Date of Transfer Page 10 of 16 . . . . Item Number Cost or Value us of Date of Acquisition Vlllue liS of Dllte of Transfer Any Lien lit Date of Tnmsfer Page 11 of 16 . , . . Item Number Nature of Any Lien at Date of Transfer Effective Date of Lien Holder of Lien Page 12 of 16 . . . . LIABILITIES OF PARTIES Plaintiff, Denise Bagby, has indicated on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. Secured () 1. Mortgages () 2. Judgments (X) 3. Liens () 4. Other Secured Liabilities Unsecured (X) 5. Credit card balances () 6. Purchases () 7. Loan Payments () 8. Notes Payable () 9. Other unsecured liabilities Contingent or Deferred ( ) 10. Contmcts or Agreements ( ) II. Promissory notes ( ) 12. Lawsuits () 13. Options () 14. Taxes ( ) 15. Other contingent or deferred liabilities Page 13 of 16 . . . . . , LIABILITIES Plaintiff, Denise Bagby, Ib1S all liabilities of either or both spouses alone or with any person as of the date this action was commenced: Item Number Description of Liability Names of all Creditors Debtors I. 2. 3. 4. 5. Credit Card Credit Card Credit Card Credit Card Car Loan First Deposit Ford Citibank Prime Option AT&T Universal Mastercard Members 1st FCU Page 14 of 16 ~ .. . . . Item Number Date Balance is Due Periodic Payment and Amount Current Balance I. 19th of each month $196.00 $9,877.00 2. 19th of each month 73.00 3,524.00 3. 19th of each month 10.00 400.00 4. 11th of each month 10.00 500.00 5. 1st & 15th of each month 110.00 7,000.00 Page 16 of 16 . . .. . Item Number Date Liability was Incurred Amount of Liability on Date Incurred & Action was Commenced I. 2. 3. 4. 5. 11/94 1995 1995 1995 06/94 $ 6,000.00 0.00 0.00 0.00 10,800.00 Page 15 of 16 M ., . . . . CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Pretrial Statement Before the Divorce Master, E. Robert Elicker, II, Esquire, Pursuant to PA. Rule of Civil Procedure 1920.33 was served on the following person by First-class mail, po~1age prepaid addressed to: Robert Mulderig, Esquire The Law Offices of Ron Turn 32 South Bedford Street Carlisle, PA 17013 E. Robert Elicker, II, Esquire Divorce Master - Cumberland County 9 North Hanover Street Carlisle, PA 17013 Dated: October 28, 1996 ~ In C ~ N :2 I~: t5! 8:5~' ~<:, ~ ". ' ~ ~ - [ 0\ ~fj ~ ~ a fllED-OrrlCE OF 1l-:F 1':~t)T, '0'.:oiAAY 96 OCT 28 PH 12:!i2 CUMi~G~LN.~1 L~JtlIY PENNSYLVN~iA Ot>!~~ t>! l<l H 20H ...,CIl l<l Z t>! Z o...,z .cUlt>! H G') , OCt-l1 Ul H 0 Ot-l ~j >~ HHt>!;d ['I ,~ H IDCe: <l<ll<l C3 ""3:t>! Ht21.. t-t tll b Itll t"'M > ~ l<l Nt:lO -:7J.lf i 11 ['It'" 0 N 0 ~~. tll t'" ['I O!;:C l<lC CIl 0< . W l<l ';~;.i;;: Ol<l:<lt-l M IZt-l OCllO> tll 0 ill fI1 i & t>!Ctllt-l ~ 0 0 0>['1['1 HOO C2:<1:3: tll <O~ tel ~ ~m l<lt-lt-lt>! ,0< HC ['I 2 M ~~~ Ih'~ '8 a I-j['ll-j ....Ot'" ~I tl ID Htll 0 ~ ['1M ~ N~Ot>! 11l .... l<l t'" 0>"''''' ,.." III 3:~['I . . ['10 11l ..... >> ... W l<l::tl ::l ::l Ul W:<IM ['I Q. ~ C ll> ..... t"'H ::l < .... ['IH ... III .... M . : ., i", . . " ;:"r.:"~'" '.' r", 't- -~' ,...,..... ~, _...........~< ., Kayer and Brown ... - t' , .. /.. Pr")1( ,~,lon;J: ,,;f,1 H,II" 'i' l.l~,{'rt:l Loft. .1 [ Ilh.~t1v .'''''111;'' . r ,jr!r'.:. : ',\ ~.,} :"1 {7j ',.;. I - ~." . " , ,\ REGINALD L. BAGBY, Plaintiff : TN THE COURT OF COMMON PI.EAS : CUMBERLAND COUNTY, PENNSYLVANIA : u. : ClVlLACTlON. LAW : NO. 94.2203 ClVlL TERM DENISE BAGBY, Defendant : : IN DIVORCE ^NS\~ER TO PLAINTIFF'S INTERROGATORIES TO DEFENDANT TO: DENISE BAGBY, Defendant and JAMES J. KAYER, ESQUIRE. her altorney PLEASE TAKE NOTICE that you are hereby required, pursuant to the Pennsyluania Rules of Ciuil pf'Offdure to file and seroe upon the undersigned, within thirty (30) days from seroice hereof, your answers in writing and under aath. to the following interrogalories. These interrogatories are continuing and any information secured subsequent to the filing of your answers, which would haue been includable in the answers had it been known or auailable, are to be supplied by supplemental answers. This means that if between the preparation of your answers to the following interrogatories and the time of trial of this case you or anyone OJ:ting on behalf should learn the identities or locations of any persons having knowledge of discoverable malters, the identities of any persons expected to be called as expert witnesses at trial, the subject malter of such expected testimony and the substance of such expert testimony, you shall promptly furnish the same to the undersigned by supplemental answers. If between the preparation of your answers to the following'interrogalories and the time of trial of this case you or anyone on your behalf should obtain information upon the basis of which you know that an earlier answer to the following interrogatories was incorrect when made or, though correct when made, is no longer true, you shall promplly furnish the same to the undersigned by supplemental answers. These interrogatories are addressed /0 you, but all references /0 you shall be deemed to also include references to anyone OJ:ting on your behalf. If a minor plaintiff:s involued, the following interrogatories, where applicable, are to be answered with reference to the claims of said minor. The words "real property", as used herein, refers to land and anything permanently affixed to the land. , .' a ' . The words 'personal property", lIB U8ed herein, refen /0 everything, other than real estate, thaJ is the subject of owneNlhip; any right or interest thaJ one hllB in things moveable. PlellBe aJtach written maJerials to any answer for which written maJerials are available. If they are not available, stale where they may be obtained. Label the written maJerials with the number of the interrogatory /0 which they pertain. Respectfully submitted, LAW OFFICES OF RON TURO DP life ~~. Robert J. ulderig ~ 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for Plaintiff . ,,' ~ 1. List any and all savings accounts, CD's, Mutual Funds, Money Market's, including the account numbers and the current ualue oJ the time of separation and today. ANSWER: At the time of separation-NONE Today: Savings Account # 138809702- $700.00 Christmas Club # 138809703- $600.00 Both accounts are at Members First FederalCredit Union . . 2. Li,t any and all checking accounts, including the account numbe,., and the current val~ oJ the time of ,eparation and today. ANSWE~ At the time of separation I do not know Today: $153.00- Account # 13880901 at Members First Federal Credit Union ,.... ~- ............ . ' . '. . " 3. Do you have any interest in any retirement or pension plan, including a KEOUGH Plan or IRA, include the account number and the current ualue. ANSWE~ 237-96-8763- $2,000.00- Retirement(Estimated) and at my Husband's Retirement through the U.S. Army. , . , 4. Li.t any and all Life In.urance policie. in your name or in Joan " name, including their currrnt lJalue. ANSWER: Federal Employees Group Life Insurances-$134,000. 0 I; Ii I , ,.'. '- .I 5. Please attach a copy of/he 1994 and 1995 Federal, Slate, and local/ax form.. ANSWER: Husband has 1994 forms. The 1995 forms are enclosed. C012593 ~ oriii\\ Department of the Treasury ~&'I" Intemal Revenue Service PHILADELPHIA, PA 19255 28221-072-15161-6 9614 CP, 12 , Date oflhla notice: APR. 15, 1996 Taxpayer Indentifylng Number 237-96-8763 Forml040 Tax Period: DEC. 31, 1995 1"111",1,1111",111,1,1111,11",1,,.,1,.1111,1111111,".1111,1 DENISE BAGBY 207 FAITH CIR CARLISLE PA 17013-8823070 For anlalance you may call ua at: 1-800-829-8815 CALLER ID, 556171 WE CHANGED YOUR RETURN - YOU ARE DUE A REFUND WE CHANGED YOUR 1995 RETURN. AS A RESULT OF THESE CHANGES, YOU ARE DUE A REFUND OF $1,470.00, IF YOU OWE NO OTHER TAXES. YOU MAY HAVE EXPECTED A DIFFERENT AMOUNT OR NO REFUND AT ALL. IF YOU THINK WE MADE A MISTAKE, PLEASE CALL US AT THE NUM8ER LISTED ABOVE. YOUR TAX STATEMENT ADJUSTED GROSS INCOME ON RETURN TAXABLE INCOME ON RETURN PAYMENTS AND CREDITS TAX WITHHELD ESTIMATED TAX PAYMENTS OTHER CREDITS OTHER PAYMENTS TOTAL PAYMENTS 8 CREDITS TAX TOTAL TAX ON RETURN CORRECTED TAX ON RETURN OVERPAYMENT OF TAXES LESS, PENALTY INTEREST AMOUNT APPLIED TO NEXT YEAR'S ESTIMATED TAX TOTAL SUBTRACTED AMOUNT OF REFUND - IF YOU OWE NO OTHER TAXES (ANY INTEREST DUE YOU WILL 8E ADDED) PAGE 1 $23,018.00 9,768.00 2,198.00- .00 738.00- .00 2,936.00- 1,466.00 1,466.00 $1,470.00 .00 .00 .00 .00 $1,470.00 C012593 PHILADELPHIA SERVICE CENTER 237-96-8763 CP, 12 TAX PERIOD, bEC. $1, 1995 CHANGE EXPLANATIONCS) YOUR EARNED INCOME CREDIT WAS FIGURED OR ENTERED INCORRECTLV ON YOUR RETURN. THE ABOVE ERRORCS) MAV ALSO HAVE CAUSED CHANGES TO OTHER AREAS OF YOUR RETURN. IF YOU HAVE NOT ALREADV RECEIVED YOUR REFUND CHECK, IT SHOULD ARRIVE WITHIN 6 WEEKS. NOTE. IF YOU PAY ESTIMATED TAXES, CHECK YOUR COMPUTATION OF ESTIMATED TAX TO SEE IF YOU SHOULD ADJUST YOUR ESTIMATED TAX PAVMENTS. '" RETURN THIS PART TO US WITH YOUR CHECK OR INQUIRV YOUR TELEPHONE NUMBER BEST TIME TO CALL C ) REFUND AMOUNT....................$I,470.00 23,018 9,768 o 259 237968763 BJ 0000 30 0 9512 1,,111,..1.1111...111.1.1111.11.,.1....1..1111.111111I....1111,I 12 INTERNAL REVENUE SERVICE PHILADELPHIA, PA 19255 DENISE BAGBV 207 FAITH CIR CARLISLE PA 17013-8823070 9614 28221-072-15161-6 ~ 6. List all real estaJe properly owned either solely, jointly, tenant. in common, or tenants by the entirely gilJing the date of cu:quisition, the lJalue of said properly at cu:quisition, lJalue at the time of the marriage, and the lJalue at the time of separation. ANSWER: NONE .' 7. &t forth all other income rtCtifJtd, other than heretofore act forth in anawer to the Interrogoloriea, whether reportoble or not for Federal Income Tax purpoaea, during the current year and the pad five calendar yeara and cu to each item of income, act forth dole, amount rtCtifJtd, aoUl'Ct, and bcuia for the income. ANSWER: $1,700.00-Basketball Coach-for tax year 1995. 8. Set forth a lill of your out,tanding obligation" including but not lir.li~d to, mortgage" " conditional ,ale, agreement" ,ecurity agreement" contract obligation", financial ,tatements, promi,lOry or judgment note" ,tating whether the obligation i, individual, joint, or joint and ,everal, the original and current amount of the obligation, the date and ,ouree of the money. ANSWER: 1. Prime Option- $117.52 2. Providan Bancorp $9,872.44 3. Citibank $ 1,389.60 f;~" .,. . - 9. State whether anyone, whether indilJidual, corporation, partner.hip, or any other entity or party owe. you any money, or if you hold any mortgage.. If .0, identify the name and addre.. of the debtor or mortgagor and the amount of the debt. ANSWER: NONE ANSWER: 1994 Saturn SL- Purchased for $10,000.00 in June, 1994. Denise Bagby is sole owner . 10. State whether you own, lease, or does any penon, firm, entity, corporation, or other party, supply you the use of an automobile, truck, or other motor vehicle? If so, for etu:h automobile, trUl:k, or other motor vehicle, state: year, make, model, name and address of the legal owner, date of purchase or tu:quisition, purchase price of the automobile, trUl:k, or other motor vehicle. . . . 11. State whether you own any furniture, household goods,jewelry, furs, artifacts, works of art, or other personal property, other than security. If so, stare estimated present value, value at the date 0 separation, and present location. ANSWER: Amount of $25,000.00 in Carlisle & Texas 1993 Ford Cougar- $lB,OOO.OO-Texas- Since sold by Husband . 14. At any time during your marriage, were you engaged in any bruiness enterprise, either IIOlely or jointly with othe1'll1 If so, for each bruiness state name, form of the bruiness organizotion, you,. owne1'llhip share, your dates of ownership and the annual gross profits of the bruiness during the past five yeartl, or if discontinued or sold, the amount of money received as a result of the discontinuance, terminaJion, or sale. ANSWER: NO 15. Set forth 0 list of al/ mon~ or assets received by you by way of gifts, inheritance, or through source other than earnings or other reportable income orloans from the inception of the marriage, including dah!, amount, or value received, and source. ANSWER: NONE 16. As to any and all checking accounts maintained by you, which you had power of signature since the inception of the marriage, any and all s/Wings CJ<<Ounts, certificoJes of deposit, money market funds, s/Wings certifications (all hereina{ler referred to as 'account'), or similar items hereto, maintained by you ouer which you had the power of signature or any interest in or deposit money to or withdrew money from, since the inception of the marriage state: a. Name and address of the bank or other financial institution; b. Account name, number, and type, date account commenced and rerminated, if no longer actiue; and c. Amount in account presently or, if closed, the amount in the account a! the end 0 each of the twelue prior months 10 the date of closing. ANSWER: Joint accouns held by parties at DAFCU, no idea as to running balances or account numbers, husband has this information. 17. As to any real estate which you now have or have had an interest during the marriage, whether indiuidually, jointly, or in partnership formed by entirety, or as trlUtee, for any person or as beneficiary under any trust or held for your beneficial interest or any other method set forth, address date of acquisition, purchase price, dole and place of recording. your best estimtm of market ualue presently or if sold. ualue at the time of the sale or other disposition. ANSWER: NONE 18. For all stock, securities, and bonds, including but not limited to steeks, mortgages, treasury bills, mutual funds (hereinafter refeTTtd to as 'security"), owned, held, purchased, acquired, sold or disposed of by ;you since the inception of the marriage, either individually, jointly as tenants in common, trustee for any other person, custodian for any other person, or as beneficiary or cestui que trust, or in which ;you had a beneficial interest, please list type and number of securities acquired, dale and price al purchase or acquisition, dale sold or otherwise disposed or. and price or value received. ANSWER: N / A 19. State whether you hcwe any insurance or annuity coverage not listed in the Answer to the preceding Interrogatory. If so, for ecu:h policy of insurance or annuity, sta~ the names and addresses 0 the insurance company, type of policy, amount of coverage, and present cash surrender value. ANSWER: NONE tlAY. '- 20. Stale the extent, type, and location of all books, papers, records, and other financial documents in your possession or control, which will reflect your income or assets. ANSWE~ Paystubs, Tax documents for Tax Year 1995, checkbook and register, monthly statements from Members 1st Federal Cred t Union. All of these are kept by me at home. " ' 21. Have you received or do you anticipate receipt of anything of value from any souret, including, but not limited to, gif/s, judgments, settlement, litigation, devise, beqrast, legcu:ies, insurance proceeds, loans, dividends, property in reversion, remainder, or txpCctancy, or trusts or trusts in which you or any of your children are beneficiaries, or any interest not hereinbefore set forth. If so, identify the BOUrce, reason, date and amount or value of the receipt. ANSWER: NO - 0' f. ,'err' ~{: o. 22. Da;you have or have there been any,afe depDIill OOxe" vault" ,afes, storage fDJ:i1itie" or ather place, of depo,it and/or ,afekeeping, (hereina(ler for the purpo,e of brevity referred to as place a ,afekeeping), maintained by you or in which;you have depo,ited any money, documenll. or ather item, a personal property, or in which;you have powers or ,ignature or accell to any such ,afety depo,it OOxes, vaulll. ,afe" ,torage fDJ:i1itie" or ather place, of depo,it and/or ,afekeeping, since the inception of the marriage. If 'a, ,tate name and addre,s of bank or ather location and li,t all items locaJed in such place of ,afekeeping. ANSWER: NO '. I " if 23. Itemize your OlIerage monthly living expenses in detail, including, but not limited 10, rent, " i I clothing, food, utilities, telephone, transportation and car, medical and dental, insurance of any nature, !; mortgoge and other loan pa;ymenl8, tcu:es, and other regular pert/anal items of any nature, laundry and cleaning, transportation, education, entertainment, recreation, pert/anal and grooming expenses, alcoholic beverages, nightclub entertainment, motion picture entertainment, out of town trips, tobacco prodW:I8, gambling (118 10 gambling, specify the sport or game involved), sport8 equipment, aupport for any other pertlOn, and any other expense. ANSWER: Rent- $600.00 Clothing- 300.00 Food- 570.00 Utilities- 150.00 Water- 140.00 (Quarterly) Trash- 30.00 (Quarterly) Telephone- 50.00 Car Payment- 240.00 Gas- 40.00 Car Insurance-882.00 (Yearly) Loan Payment- 220.00 Laundry/Clng 25.00 Education- 300.00 (School Year) Entertainment-100.00 Personal/grooming expense- $100.00 Out-of-town-child's sport 300.00 Sports equipment (Registration's included) $225.00 Children's Camp/School Trips- $700.00 Car Care (Oil Change, etc.) $150.00 (year)-- Repair $220.00 Vet expenses $150.00 (Year) Cable 35.00 Lawyer's Fee- Varies Dental Fees- 500.00 [,""--'--- -,- . " 24. State the names and addresses of all persans who were witness to or have knowledge or information of any relevant fact relating to this action, or who possess proof of the facts involved in their relationship to you, and indicaJe whether any record or recorded staJements were obtained from any sUJ:h person. ANSWER: NONE at Present , . . . , 25. Identify all agreements of sale relaJed to real property for which you are currently a party and aJtcu:h a copy of such agreement. Identify which such agreements relaJe to marital cusets and identify where funds receiued of such cusets are held. Describe any escrow agreement relating to the receipt of any funds, including the specific nature of the escrow, the escrow agent, and the amount presently held in such funds. ANSWER: NONE "" ' '. .. 26. Lid, by property and amount, all money nceiued Q8 nnt on marital property including all properties obtained during the marriage since April 1994. ANSWER: NONE ." . It .. '. " . , 27. List the names of all men that you had affairs with during the marriage and prior to the date of separation and the dates of said affairs: ANSWER: Gregory T. Smith- end of July, 1993 to the beginning of August, 1994. # " r' " .. '.. " , , . , ~ ~ CERTIFICATE OF SERVICE I certify thol I served a copy of Plaintiffs Interrogolories /D Defendant upon James J. Ko;yer, Esquire by depoaiting same in the United Stoles Mail, first class, postage prepaid from Carlisle, Pennsylvania on the J ~ay of April, 1996, addressed as follows: James J. Kayer, Esquire KAYER & BROWN 4 Liberty Avenue Carlisle, PA 17013 THE LAW OFFICES OF RON TURO ;ff!JIJt::~~- 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for Plaintiff . .. .. lr ,"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. TIle 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 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 statements herein are made subject to the penalties of 18 PA. C.S. ~904, relating to unswom falsification to authorities. Date: /'(/ '1t1 a;; Q~ A"~ , 1996 11M .. .. .. " ,. CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Answer to Plaintiffs interrogatories to defendant was served 011 the following person by Fir~1-class mail, postage prepaid addressed to: Robert Mulderig, Esquire Law Offices of Ron Turo 32 South Bedford Street Carlisle, PA 17013 Date: ) 0'7' /'1b quire ., .'. -' C:C:6L'CVC: (LIL) CIOLl Vd '01511JOO . onuO^V AlloQl13 t' . 1101 JlU04!l UOflWodJOO IOUOj5S0l0Jd V UMOJ8 pUB Ja~B>I . ~'-;-'t . .':'. .. ~ '~:I""" , . . 0" '.."'.. '"~;,"~, .;c., " . .... ~ ..., ~ .... t 'II ... ' 2('), ..., ~ r:: J i C ....... ... t ~o ~ ~ ee.... A; e r~~ i~ ~ ID 8 l~ ~t:l !) ul ~ ~~ ~ ~g ~ co ~ C ~~ I~ ~ ":I "eft: ~ ~~ 5~S;~ el!~ . ~ g! ,..l ~ < I~ ~ ~ ~~ ~ ~I ~ ~ u~ H ("1 1,..,;1 '" ," C-) " .' " :;;:: ;---:! - (:j.- : ~" ""'} Cl ,~ l.l r,- el "? -, ~C, r:; ...... - ~ 11 ';:r1 ::",: , .. ::(') ).~ - :-'; ~ 01 , , .. ' " :.n " , '" (..J ~, ". REGINALD L. BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 94.2203 CIVIL TERM : IN DIVORCE v. DENISE BAGBY, Defendant DEFENDANT'S COUNTERAFFIDA VIT tINDER SECTION 3301(1)) OF THE DIVORCE CODE 1. Check either (a) or (b) J (a) I do not oppose entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (il) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (il) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any c1aims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clsim them before a divorce is granted. / (b) I wish to clsim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. ~5 LIfJ /91 (. Date 'OJ lU-a-t!- Denise Bagby 61"~ (J "\ '-. ~:} , t.:'. ( ~, , . I, c' '... ----.__._--_._-~~...... . "'-.~qn 966l f)? HdVJJ' .,1 '.. j ') "0..1 v. . . CIVIL ACTION - LAW NO. 94-2203 CIVIL TERM REGINALD L. BAGBY Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA UENISE BAGBY Defendant IN DIVORCE TO: PROTHONOTARY Please enter my appearance on behalf of the Plaintiff, Reginald L. Bagby, in the above captioned matter, and remove Arthur T. McDermott as counsel for Plaintiff. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes, quir 60 West Pomftet Street Carlisle, PA 17013 (717) 249-2353 Attomey for Plaintiff ~B~ Arthur T. McDermott, Esquire DATE: March/1 ,1995 " ~ M ,- ~ '!:: . ::c ~ .... N ~ ,:,c.' i" r-- -" .,' ,\ ) a= -. = ,~. l..,."' ~. REGINALD L. BAGBY, Plaintiff ; IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA v. . : CML ACTION - LAW ; NO. 94-2203 CML TERM ; IN DIVORCE DENISE BAGBY, Defendant PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appelll'llIlce of Robert J. Mulderig, Esquire on behalf of Reginald Bagby, in the above-captioned litigation. yjij(; Ilate Respectfully submitted, ~4 Robert J. Ulderig, Esq Law Offices of Ron Turo 32 South Bedford Street Carlisle, P A 17013 (717) 245-9688 Attorney for Plaintiff ~ ,..... ~-- ~~~ I, UJ~. (i\ ~~ ......,... C~); , ~ ~ [c:: " . t'. '-. , .. C) -.j , ( ~.J .L! 0 lu ~'. {.; ,- -". u;, ,(:J , ~- -- " I......, h_' '- C'. ~ REGINALD L. BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . : CIVIL ACTION. LAW : NO. 94.2203 CIVIL TERM : IN DIVORCE DENISE BAGBY, Defendant ORDER APPOINTING MASTER MIDNOW.~"",,,, \: ''o'\. ,11"0,_ e R, 114 n (14.; Esquire, is appointed master with respect to the foUowing claims: ALL BY THE COURT, IckL/~1 F: .J{/,' f,J. " ~ r.~>r-:~:::: ,~. . lr"'.:i'( ~ ,.. -"" .-; ~ , , I;, " . ,.. ') '- \..... '", .-' ., .\', ;1 I " I ~,. .",C' ","" REGINALD L. BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION. LAW : NO. 94.2203 CML TERM v. DENISE BAGBY, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Reginald L. Bagby, Plaintiff, moves the Court to appoint a Master with respect to the following claims: divorce, alimony, distribution of property, counsel fees, costs and expenses, and in support of the motion states: 1. Discovery is complete 88 to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action by her attorney, James J. Kayer, Esquire. 3. The statutory groundll for divorce are 3301 (0)(6), 3301 (c), 3301 (d). 4. The action is contested with respect to the following claims: divorce, alimony, distribution of property, counsel fees, costs and expenses. 6. The action does not involve complex issues of law or fact. 6. The hearing is expected to take two days. 7. Additional information, if any, relevant to the motion: None. Respectfully Submitted, THE LAW OFFICES OF RON TURO '1/;2.("/'7t:. Date ~Ml_ Robert. derig, Esq~ 32 South edford Street Carlisle, P A 17013 (717) 246.9688 Attorney for Plaintiff ~ '.C) r - ~.~ ~'" r:~ .' I lU1.. U,. f" Coo. ~~ - 0; r.- C' c-; u, C :1 1.1.. l " ,. v. , :. ,. " ,--' (.' ,. REGINALD L. BAGBY, Plaintiff vs. DENISE BAGBY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2203 CIVIL TERM IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for the above-named defendant, Denise Bagby. Respectfully submitted, Dated: May II, 1994 cc: Arthur T. McDermott, Esquire Attorney for Plaintiff e (717) 243-7922 ..",. ~ ~.~ :r:: ..., C> ":> ~ ., ".. r..., - - ... =>:::- By: '~ REGINALD L BAGBY, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DENISE BAGBY, DEFENDANT NO. 94-2203 CIVIL TERM IN DIVORCE PRAECIPE Please remove the appearance of Rebecca R. Hughes, Esquire, on behalf of Reginald L. Bagby in the above-captioned case, and enter Robert J. Mulderig, Esquire. pursuant to his Praecipe signed and dated April 1, 1996. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Rebecca R. Hughes, Esqui 60 West Pom!Tet Street Carlisle, PA 17013 (717) 249-2353 Supreme Court J.D. No: 67212 ('': ::~ '.. L,~ I I'" C. it':; t, G C.' Le, ~ .. . u.:.. .. ~:.: '. : "1 '...: '.~ " ..:1 ,.J Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACfION - LAW NO. %2203 CIVIL TERM 91 : IN DIVORCE vs. DENISE BAGBY, Defendant AMENDED ANSWER TO PLAINTIFF'S INTERROGATORIES TO DEFENDANT Amended answer to question 27 should read as follows: Gregory T. Smith- end of July 1993 to the beginning of August 1993. Date: Mav 17. 1996 ,.. ,.'.: /' ,o'" '- .....:..~ ..:..~-:,..~,.' '. L" .' !; -' L: " REGINALD L. BAGBY, PJaintiIT v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2203 CML TERM CIVIL ACTION - LAW IN DIVORCE DENISE BAGBY, Defendant PRE-TRIAL STATEMENT OF PLAINTIFF PURSUANT TO RULE 1920.33(B) 1. Personal Data: A Husband's Date of Birth: May 26, 1957 B. Date of Marriage: April 17, 1978 C. Date of Separation: MllJ'Ch 25, 1994 2. Grounds for Divorce: Indignities. During the months preceding separation the wife had an affair with Gregory T. Smith, a sergeant in the United States Army stationed with the PJaintiIT at Carlisle Barracks, Pennsylvania. The affair was open and notorious on the post causing great indignities and endangering the PJaintilT's status in the United States Army. Defendant has admitted to the affair in answer to Nwnber 27 of the PJaintilT's Interrogatories to Defendant. PJaintiIT seeks the divorce based on this marital misconduct. 3. List of Marital Assets: A Real Estate: None B. Automobile: A 1993 Cougar XR7 which was in the Defendant's possession at the time of separation with a lien against it by the Ford Motor Credit Company of $20,000.00 which was subsequently traded in on June 15, 1995 for a value of $13,500.00. C. Household goods & personal property: In the wife's possession as ofMllJ'Ch, 1994, $16,869.00. In the husband's possession as of MllJ'Ch, 1994, $1,950.00. D. Marital debt as of March, 1994: Asswned by and paid by the husband: 1. Finance Center Federal Credit Union: $1,388.97; 2. Lack1and Federal Credit Union: $931.36; 3. Texas Edge Visa: $4,092.42; 4. NBD Mastercard: $2,427.47; 5. American Ellpress Centurion Bank (Optima): $5,598.57; 6. Sears: $2,221.05; 7. Sears Plus: $2,542.66; 8. Dauphin Deposit Bank: $1,635.19; 9. Montgomery Wards: $1,266.12; Total marital debt being paid by the husband: $22,503.81. 4. Pensions: The Plaintiffis in the military service and has been on active duty since January 28, 1976. The Defendant is currently a federal employee at the Carlisle Barracks and is receiving a pension from that. 5. Elloorts TestifvilllZ: No ellperts will be called to testify. 6. All Other Testimonv bv Witnesses: No other witnesses will be called to testify ellcept the parties. 7. Exhibits: None known at this time. 8. Gross Income of the Parties: Wife's 1995 al\justed gross income was $23,018.00. Husband's al\justed gross income for 1995 was $29,315.00. 9. Counset Fees: No claim for counsel fees have been made. 10. Anv Disputed Items: It is ellpected that the wife will dispute her marital misconduct. It is also anticipated that she may aJlege marital misconduct on the part of the husband. It is further anticipated that there may be a dispute about the marital <lebt. 11. ProDOsed Resolution: Considering the marital misconduct on the part of the wife and the earning capacity that she has which is comparable to that of the husband, a proposed resolution is that the wife keep the personal property in her possession, that she keeps her own pension, that there will be no alimony and she receive 10% per month of the husband's pension. The husband retains 90% of his pension, keeps the personal property in his possession and is responsible for the marital debt B8 he has been paying it since the separation. Respectfully Submitted, / }/ " 'I ';L-, (-- L/'0 ( - -. /,., ./ I , Date THE LAW OFFICES OF RON TURO , '. I/,/;; I ' .- / / ','. \ c'-'i+l-/'/~ ..IjIJ:(/./:.,t" Robert J. !Daerig, Esquirl( I 32 South Bedford Street' Carlisle, PA 17013 (717) 245-9688 Attorney for PlaintllT CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Pre-Trial Statement of Plaintiff, upon James~. Kayer, Esquire! by depositing same in the United States Mail, first class, postage pre-paid on the _7 ~ 7ii day of (/i/~;- , 1996. from Carlisle, Pennsylvania, addressed 88 follows: James J. Kayer, Esquire Kayer & Brown 4 Liberty Avenue Carlisle, PA 17013 LAW OFFICES OF RON TURO ,: ~/ -".., . / \ c~'- /1 !1~, /~/& Ro rt J. Mulderig, Esquire ,,_ 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff REGINALD L. BAGBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 94 - 2203 CIVIL DENISE BAGBY, Defendant IN DIVORCE QBl2ER OF COURT AND NOW, this ~sy of ~J}1'~97. the parties and counsel having entered into an agreement and stipulation resolving the economic issues on July 24, 1997, the date set for a Master's hearing, the agreement and stipulation having been transcribed and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY H cc: Robert J. Mulderig Attorney for Plaintiff _ ~~..('L C;/I:4/Q? .;b .t'. James J. Kayer Attorney for Defendant I . ____~~~_L. h'lLC-l IV -J- ~L~/'td lOl.b-lan., J Opr/~s: 9'Cc,yl, /.), 1/997 . . ~ REGINALD L. BAGBY, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 2203 CIVIL vs. DENISE BAGBY, Defendant . . : IN DIVORCE THE MASTER: Today is Thursday, July 24, 1997. This is the date set for a Master's hearing in the above captioned case. Previously a hearing was held on April 15, 1997, to take testimony on the factor of marital misconduct as that factor affected wife's alimony claim. Today the parties were returning to continue testimony on the economic issues relating to the marital assets and marital debt, and the claim of alimony and counsel fees. A divorce complaint was filed on April 27, 1994, raising grounds for divorce of irretrievable breakdown of the marriage. Subsequently equitable distribution was raised and the claims for alimony and counsel fees and expenses. with respect to the grounds for divorce, counsel and the parties have agreed that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree. Mr. Bagby's documents were filed with the Prothonotary on April 15, 1997. Mr. Kayer indicated that he will have his client sign and file the affidavit and waiver within a week of today's date. Specifically there will be an agreement stated on the record when those affidavits can be forwarded to the Court . for the purpose of having the Court enter a final decree in divorce. Present in the hearing room today are the Plaintiff, Reginald L. Bagby, and his counsel Robert J. MUlderig, and the Defendant, Denise Bagby, and her counsel James J. Kayer. The parties have entered into extensive negotiations this morning and have corne to an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties and counsel, The agreement as stated on the record will be considered the substantive agreement of the parties and will not be subject to any modification or changes except for correction of typographical errors which may be made during the transcription. The agreement will be sent to counsel for review of typographical errors and after any typographical errors have been corrected, the agreement will be forwarded to the parties and counsel for signature. The signing of the agreement is simply an affirmation of the terms of settlement that are being placed on the record at this time. The signing of the agreement is not necessary in order to have a binding agreement effective between the parties, as the statement of the agreement on the record will be considered the entry of the formal agreement today. # After the Master has a signed document from counsel and the parties, the Master will prepare an order vacating his appointment and counsel will then, pursuant to the terms of the agreement, at the appropriate time, file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Kayer. MR. KAYER: The parties agree as follows: 1. The divorce shall be finalized after April 18, 1998, but prior to April 30, 1998. It shall be the responsibility of wife to file with the Court a praecipe to transmit the record. 2. Husband's military pension shall be divided as follows: Wife shall receive 50% of the marital portion of the military retirement. Husband shall elect sufficient SBP to insure that wife shall continue to receive her 50% marital portion up until her eligibility for social security. Calculations of the parties' respective portions shall be made after the SBP premium has been charged and deducted. 3. Husband shall waive any and all interest that he has in wife's federal government pension. 4. The parties agree that wife owes to husband an equitable distribution credit in the amount of $7,830.03. She shall make installment payments in the amount of $150.00 per month, said payments to commence upon her receipt of her first retirement check arising from husband's pension. Payments shall continue until the amount is satisfied. There shall be no interest accruing to husband's benefit as the result of these payments. 5. The parties agree and stipulate that husband shall pay to wife an amount of alimony of $200.00 per month. Said alimony shall not be modifiable, although it is subject to termination due to the parties' death or the cohabitation or remarriage of the wife. Husband's alimony obligation shall terminate upon his retirement , from the military. 6. Husband shall pay to wife spousal support in the amount of $200.00 per month until the divorce is finalized in April of 1998. Husband shall withdraw his pending appeal concerning spousal support liability. Wife shall contact the Domestic Relations Office before August 1, 1997, and advise them of the revised amount. 7. Husband shall designate wife as a beneficiary on his SGLI policy in the amount of $100,000.00. He shall maintain this designation until his date of retirement. 8. The parties shall maintain possession of all tangible and intangible property in their possession. 9. Wife waives any claim that she has for counsel fees and costs. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. MR. KAYER: Denise, have you had an opportunity to hear the agreement that I have dictated on the record? MS. BAGBY: Yes. MR. KAYER: And you understand the terms of that agreement? MS. BAGBY: Yes. MR. KAYER: Are those terms acceptable to you? . MS. BAGBY: Yes. MR. MULDERIG: Reginald, have you heard the terms of the agreement dictated by Mr. Kayer? MR. BAGBY: Yes, I have. MR. MULDERIG: Do you understand those terms? MR. BAGBY: I do. MR. MULDERIG: Are those terms agreeable to you? MR. BAGBY: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular section 3105 of the Domestic Relations Code. WITNESS: DATE: .l~ Av. G- '1 t Regl ~S<p97 REGINALD L. BAGBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. DENISE BAGBY, Defendant NO. 2203 19 94 CIVIL IN DIVORCE STATUS SHEET DATE: vII /. "J......___ ~. /1(1' /,,- I' " ,,)..-t"-~l ,,\~) c~. (\ '.'L~'1f^ I' I'J.\t.J-~__,O'I< .u..~,l ~ 1..,.'.l(1;fL,^,! ';'''/.',),,/ II.{" ( , . ~ ,t. 7 ' .' t ", ',./ ~., 't. t ~~ ~ l.'. I " r /,. t ,,-. -II' . ./.' ',' '"' 'I r 'I" "/ (n" ...,. "I (" . ./,,'" ') i (i , .. I ,~/. ,f I .. .,# I' t _ - - V . r';, .,~ I I" 'f ':"r fit ('" (1.1 ...At le,,(, (" . I 't . i( ,/1 f' <. 'Jt'lfJr." '{~Jll (J,-T[:l-----::(~('r, I l/QU~. H.....V '... III )..! " ,) r, / "r, ..' , -T -{ 7 '/J/' /\ J. ",r'" " )1)16, .,/. ,}, .':" ..,,,..(. ',I '. -. 7 , 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 Trecl .10 Colyer Office ManagerlReporter West Shore 697-0371 Ext. 6535 October 2, 1996 Robert J. MUlderig, Esquire LAW OFFICES OF RON TURO 32 South Bedford Street carlisle, PA 17013 James J. Kayer, Esquire I<AYER & BROWN Liberty Loft 4 East Liberty Avenue Carlisle, PA 17013 Re: Reginald L. Bagby vs. Denise Bagby No. 94 - 2203 Civil In Divorce Dear Mr. Mulderig and Mr. Kayer: By order of Court of President Judge Harold E. Sheely dated September 30, 1996, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on April 27, 1994, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. An amended complaint was filed on April 16, 1996, averring that the parties have lived separate and apart in excess of two years and raising the economic claim of equitable distribution. An affidavit under Section 3301(d) was filed with that complaint averring that the parties separated on March 25, 1994. The Defendant filed a counter-affidavit on May 2, 1996, indicating that she does not oppose the entry of a divorce decree and that she wished to claim economic relief. However, no economic claims have been filed by the Defendant, the only economic issue having been raised by the Plaintiff in the amended complaint, that claim being for equitable distribution. 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, October 25, 1996. Upon receipt of the pre-trial statements I _~':"~;f_ Mr. Mulderig and Mr. Kayer, Attorneys at Law 2 October 1996 Page 2 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 Cd) 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. REGINALD L. BAGBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . VS. NO. 94 - 2203 DENISE BAGBY, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Robert J. Mulderig , Counsel for Plaintiff James J. Kayer , 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 13th day of January, 1997, 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: 10/31/96 E. Robert Elicker, II Divorce Master ;' ....~.,,,_l, REGINALD L. BAGBY, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 94 - 2203 CIVIL DENISE BAGBY, Defendant : IN DIVORCE ORDER AND NOTICE SETTING HEARING To: Reginald L. Bagby Robert J. Mulderig Denise Bagby James J. Kayer , 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 15th day of April ,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, ~~~~ Harold E. Sheely, .ludg" Date of Order and Notice: 1/14/97 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 * Testimony will be limited to the issue of marital misconduct as that factor relates to wife's alimony claim. , .' REGINALD L. BAGBY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94 - 2203 CIVIL DENISE BAGBY, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Tuesday, January 14, 1997 Present for the Plaintiff, Reginald L. Bagby, is attorney Robert J. Mulderig and his associate, Lisa Whistler, and present for the Defendant, Denise Bagby, is attorney James J. Kayer. A divorce complaint was filed on April 27, 1994, raising grounds for divorce of irretrievable breakdown of the marriage. On April 16, 1996, an amended complaint was filed raising the economic issue of equitable distribution and which included an affidavit under section 3301(d) of the Domestic Relations Code averring that the parties were separated for a period in excess of two years. A counter-affidavit was filed on May 2, 1996. Counsel have indicated that their clients will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree prior to the hearing to be scheduled in these proceedings. The divorce will then be able to be concluded under section 3301(c) of the Domestic Relations Code. On October 25, 1996, wife filed a petition for related claims raising the additional economic issues of alimony, alimony pendente lite, and counsel fees and expenses. It appears as if there is going to be fairly substantial testimony on the issue of marital misconduct as that factor affects wife's alimony claim. We will schedule a separate hearing on that issue. The parties were married on April 17, 1978, and separated on March 25, 1994. They are the natural parents of two children, Regina, born January 11, 1979, and Christianna, born October 11, 1981. The older child is emancipated and Christianna is a junior in high school. Husband pays child ~. support for Christianna in the amount of $625.00 per month and ' .. spousal support for wife in the amount of $19~.00 per month. He also is obligated to provide medical insurance coverage for the family. The child and spousal support are paid pursuant to an ,/ , "~I. " I, -:. , , ,/ '3 ' -1 n (;" th, , 0",/,. (J '~Ic, >'<<... --- Wife is 38 years of age and resides at 207 Faith circle, Carlisle, Pennsylvania, in a townhouse which she rents. She lives with the two daughters, and her sister temporarily resides in the home. Wife is employed with the federal civil service at the Carlisle Army Barracks as an administrative support clerk. She reports her gross income around $23,000.00 annually which includes coaching basketball for a local high school. Wife is a participant in a retirement plan with the civil service but is not yet vested. Wife has not raised any health issues. ,I;:. r~. Reported on the pre-trial statements were three vehicles, a 1993 Cougar XR7, a 19?~ Ford Escort, and a 19~ ~f6 station wagon (make unknown). Counsel are going to try to ,,~- determine the value of the vehicles as of the time of ~~ separation. It appears as if the Cougar was heavily encumbered. All of the vehicles have since been traded in. Counsel are requested to share information on the values to see if they can stipulate as to the values that can be used in the equitable distribution computation. with respect to household tangible personal property, the parties previously divided the property but it appears as if the amount that each party received is of unequal value. According to husband's pre-trial statement wife received property having a value of $16,869.00 while husband received property having a value of $1,950.00. In order to resolve the issue with the values, counsel are going to have the property appraised so that the values can be appropriately assigned to each of the parties in the equitable distribution computation for property which he or she has previously received. At the time of separation there was a joint account at the Members First Federal credit Union with a value of $360.00. Wife received the funds from that account. With respect to husband's pension, counsel have order of court entered in Cumberland county, Pennsylvania. Husband is 39 years of age and resides in Alexandria, Virginia, in an apartment. His address is P.O. Box 15415, Alexandria, Virginia 22309-0415. He lives alone. Husband is a high school graduate with specialized training. He is on active duty in the United States Army and reports a gross monthly income of $4,603.00. He is an E-8 (Master Sergeant) and is involved in a computer support activity. Husband has not reported any health issues. Husband is eligible for retirement, having served 20 years in the military as of July 1996. . agreed that that will be distributed pursuant to a Qualified Domestic Relations Order. The Master has inquired about whether or not a survivor benefit will be included and how the costs of that benefit will be assigned. with respect to wife's pension, it appears that because it is not vested wife's contributions will be the basis of the value of that pension, and Mr. Kayer is currently making an effort to get an updated statement of that pension. It is noted that we will use wife's contributions as of the date of separation updating that marital portion with an interest factor. Husband's pre-trial statement, Paragraph 3d, listed marital debt which husband has assumed and which had a total, as of March 1994, of $22,503.81. Mr. Kayer will agree that husband has assumed the obligation for payment of that debt. A hearing will be scheduled to take testimony on the factor of marital misconduct as that factor relates to wife's alimony claim on Tuesday, April 15, 1997, at 9:00 a.m. Counsel will provide each other with a list of witnesses at least two weeks prior to the hearing so that counsel can better prepare their case. After the hearing on April 15, 1997, we will schedule a hearjng on the remaining issues which include the identification of assets, value of assets, and other factors relating to equitable distribution and alimony. We will also, at the second hearing, take testimony on the claim of attorney fees and costs which has been raised by wife. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master cc: Robert J. Mulderig Attorney for Plaintiff James J. Kayer Attorney for Defendant ~_i;-',:'Tl: REGINALD L. BAGBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW : NO. 94-2203 CIVIL 19 DENISE BAGBY, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING To: Reginald L. Bagby Robert J. Mulderig Denise Bagby James J. Kayer , 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 ~orth Hanover Street Carlisle, Pennsylvania, on the 24th day of July , 19..2], 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, ~ CJA-o.-.f ~:::: Harold E. Sheely, .Judge Date of Order and Notice: 4/15/97 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<egi,nald L. Bagby Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-2203 CIVIL 19 Denise Bagby . . Defendant IN DIVORCE STIPULATION OF PARTIES AND COUNSEL A) Plaintiff: Name, address, age, occupation f<eginald L. Bagby P.O. Box 15415 Soldier Alexandria, VA 22309 Defendant: Name, address, age, occupation Denise Baqbv DAC 207 Faith Circle Carlisle, PA 17013 B) When the method of service of the complaint has been by ~~ (certified) mail: The siqnature on the return receipt card is the siqnature of the Defendant. C) Date and place of marriage: April 17, 1978 Savannah, Georgia . .' . .~ D) Plaintiff: Residences in the Commonwealt. of Pennsylvania and length of time at each residence 207 Faith Circle, Calirlisle, PA - July 1992 until March 1994 707 Hanover Manor, Apartrrent 0-102, Carlisle, PA - March 1994 until July 1995 Defendant: ~r\ + 1/( Residences in the Commonwealth of Pennsylvania and length of time at each residence 'L07 liI;fJ, (.n J, (t/ll/s/I!.- fA / 71 q l - Prese"f E) Child or children: Name(s), age(s), residence of each child and with whom child is residing. Regina J. Bagby, 18, mother Christianna D. Bagby, 15, mother F) Grounds for divorce: 3301 (c) We, parties and counsel in the above captioned divorce proceedings have read the statements set forth above and agree that the information provided herein is true and correct, ~~/~* /s ~ fl .1;;ff-i/J/lIJ15 ._u.. , and we stipulate that said facts can be made part of the record as if specifically testified to under oath at a hearing in these proceedings. Plaintiff: Date: Counsel for Plaintiff: Defendant: ~~ ~.~ Date: Counsel for Defendant: /5 ~ 97 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 ManageriReporter We.t Shore 697.0371 Ex\. 6535 July 24, 1997 Robert J. Mulderig, Esquire LAW OFFICES OF RON TURO 32 South Bedford Street Carlisle, PA 17013 James J. Kayer, Esquire KAYER & BROWN Liberty Loft 4 East Liberty Avenue Carlisle, PA 17013 Re: Reginald L. Bagby vs. Denise Bagby No. 94 - 2203 civil In Divorce Dear Mr. Mulderig and Mr. Kayer: Enclosed is a draft of the agreement which you put on the record on July 24, 1997. Please review the draft for any corrections with the understanding that no substantive changes can be made. When you have reviewed the draft give us a call and let us know if you want us to send the original to the Plaintiff's attorney for signature who then can transmit the original to the Defendant's attorney for signature. When I receive a signed copy of the document I will then obtain a Court order vacating my appointment. Thank you for your continuing cooperation in bringing this matter to settlement. Very truly yours, E. Robert Elicker, II Divorce Master REGINALD L. BAGBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO, 94 - 2203 CIVIL DENISE BAGBY, Defendant IN DIVORCE THE MASTER: Today is Thursday, July 24, 1997. This is the date set for a Master's hearing in the above captioned case. Previously a hearing was held on April 15, 1997, to take testimony on the factor of marital misconduct as that factor affected wife's alimony claim. Today the parties were returning to continue testimony on the economic issues relating to the marital assets and marital debt, and the claim of alimony and counsel fees. A divorce complaint was filed on April 27, 1994, raising grounds for divorce of irretrievable breakdown of the marriage. Subsequently equitable distribution was raised and the claims for alimony and counsel fees and expenses. with respect to the grounds for divorce, counsel and the parties have agreed that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree. Mr. Bagby's documents were filed with the Prothonotary on April 15, 1997. Mr. Kayer indicated that he will have his client sign and file the affidavit and waiver within a week of today's date. Specifically there will be an agreement stated on the record when those affidavits can be forwarded to the Court ~~~~~. for the purpose of having the Court enter a final decree in divorce. Present in the hearing room today are the Plaintiff, Reginald L. Bagby, and his counsel Robert J. Mulderig, and the Defendant, Denise Bagby, and her counsel James J. Kayer. The parties have entered into extensive negotiations this morning and have come to an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties and counsel. The agreement as stated on the record will be considered the substantive agreement of the parties and will not be subject to any modification or changes except for correction of typographical errors which may be made during the transcription. The agreement will be sent to counsel for review of typographical errors and after any typographical errors have been corrected, the agreement will be forwarded to the parties and counsel for signature. The signing of the agreement is simply an affirmation of the terms of settlement that are being placed on the record at this time. The signing of the agreement is not necessary in order to have a binding agreement effective between the parties, as the statement of the agreement on the record will be considered the entry of the formal agreement today. ~ ,..- ..-.... After the Master has a signed document from counsel and the parties, the Master will prepare an order vacating his appointment and counsel will then, pursuant to the terms of the agreement, at the appropriate time, file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Kayer. MR. KAYER: The parties agree as follows: 1. The divorce shall be finalized after April 18, 1998, but prior to April 30, 1998. It shall be the responsibility of wife to file with the Court a praecipe to transmit the record. 2. Husband's military pension shall be divided as follows: Wife shall receive 50% of the marital portion of the military retirement. Husband shall elect sufficient SBP to insure that wife shall continue to receive her 50% marital portion up until her eligibility for social security. Calculations of the parties' respective portions shall be made after the SBP premium has been charged and deducted. 3. Husband shall waive any and all interest that he has in wife's federal government pension. 4. The parties agree that wife owes to husband an equitable distribution credit in the amount of $7,830.03. She shall make installment payments in the amount of $150.00 per month, said payments to commence upon her receipt of her first retirement check. Payments shall continue until the amount is satisfied. There shall be no interest accruing to husband's benefit as the result of these payments. 5. The parties agree and stipulate that husband shall pay to wife an amount of alimony of $200.00 per month. Said alimony shall not be modifiable, although it is subject to termination due to the parties' death or the cohabitation or remarriage of the wife. Husband's alimony obligation shall terminate upon his retirement from the military. 6. Husband shall pay to wife spousal support in the amount of $200.00 per month until the divorce is finalized in April of 1998. Husband shall withdraw his pending appeal concerning spousal support liability. Wife shall contact the Domestic Relations Office before August 1, 1997, and advise them of the revised amount. 7. Husband shall designate wife as a beneficiary on his SGLI policy in the amount of $100,000.00. He shall maintain this designation until his date of retirement. 8. The parties shall maintain possession of all tangible and intangible property in their possession. 9. Wife waives any claim that she has for counsel fees and costs. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. MR. KAYER: Denise, have you had an opportunity to hear the agreement that I have dictated on the record? MS. BAGBY: Yes. MR. KAYER: And you understand the terms of that agreement? MS. BAGBY: Yes. MR. KAYER: Are those terms acceptable to you? \ MS. BAGBY: Yes. MR. MULDERIG: Reginald, have you heard the terms of the agreement dictated by Mr. Kayer? MR. BAGBY: Yes, I have. MR. MULDERIG: Do you understand those terms? MR. BAGBY: I do. MR. MULDERIG: Are those terms agreeable to you? MR. BAGBY: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular section 3105 of the Domestic Relations Code. WITNESS: DATE: Robert J. Mulderig Attorney for Plaintiff Reginald L. Bagby Denise Bagby James J. Kayer Attorney for Defendant Telephone: (717) 243-7922 E. Robert Elicker, II, Esquire Office of The Divorce Masler 9 North Hanover Street Carlisle, PA 17013 Kayar and Brown Attorneys At Law A Professional Corporation Liberty Loft 4 E. Liberty Avenue Carlisle, Pennsylvania 17013 July 29, 1997 FAX: (717) 243-0946 RE: BAGBY v. BAGBY Dear Mr. Elicker: I have had an opportunity to review the tmnscript prepared on July 24, 1997 memorializing the parties' agreement. One term of the agreement is somewhat ambiguous and I believe needs further clarification. TIle second sentence in pamgmph number 4 of the terms of the agreement should be modified as follows: She shall make installment payments in the amount of $150.00 per month, said payments to commence upon her receipt of her first retirement check arisinl! from husband's Dension. The bolded section indicates additional language which I believe clarifies the parties' intention that the wife should commence payment when she is receiving her marital portion of the military pension. All other terms included within the ~1ipulation and agreement are acceptable and correct. By copy of this letter, I am informing Attomey Mulderig of my recommended modification. Finally, my ('lient has executed her divorce consent and this has been filed with the courthouse. She has also instructed the Domestic Relations Office that effective August I, she should receive $200.00 per month in spousal support pursuant to the parties' agreement. JJK/drb cc: Robert J. Mulderig, Esquire Denise Bagby Ve~ truly yours, 1J~q. 41 if f . " ~MAY 291998 REGINALD L. BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 94-2203 CIVIL TERM DENISE BAGBY, Defendant : IN DIVORCE STIPULATED ORDER FOR THE DIVISION OF MILITARY RETIRED PAY WHEREAS, incident to the dissolution of their marriage, the Parties wish to enter this STIPULATED ORDER FOR THE DIVISION OF MILITARY RETIRED PAY and ask the Court to make the Stipulation an Order of the Court: The Parties Agree and Stipulate TImt: 1. Information conceming the Defendant military member, hereinafter referred to as "Member": Name: Reginald L. Bagby Social Security Number: 246-04-9176 2. Information conceming the non-military spouse, hereinafter referred to as "Former Spouse": Name: Denise Bagby Social Security Number: 237-96-8763 3. TIlis order is subject to modification should it become necessary to conform it to the requirements of the military pay center. 4. TIlis court has jurisdiction over Member by reason of his domicile in this state and his consent. 5. The Parties were married on April 17, 1978. TIle dumtion of the marriage in relation to the time Member accnled service creditable for retirement is in excess of twenty (20) years. TIlerefore direct pay is authorized under 10 U.S.C. Section 1408(d). 6. As and for her property interest in member's military retired pay, Former Spouse is awarded fifty percent (50%) of that portion of the monthly disposable retirement annuity which is calculated by multipyling the monthly disposable retirement annuity by a fraction, the numemtor of which is 191 , . , , . months and the denominator of which is the number of months creditable to member for retinnent. TIle member shall elect sufficient survivor benefit plan (SBP) to ensure that wife shall continue to receive her marital portion of the retirement up nntil her eligibility for social security. Calculations of the parties' respective portions shall be made after the SBP premium has been charged and deducted. The Former Spouse's award is a fixed percentage which may deviate in the event that the member obtains disability compensation from the Department of Veteran's Affairs. 7. So that Former Spouse will know the cost of the SBP, the member shall provide her with a copy of his retired pay statement each time there is a change in the cost of the said SBP. Member shall also provide the Former Spouse with a copy of retired pay ~1atement each time there is a cost of living adjustment made. 8. Former Spouses's interest shall terminate only upon the death of either party and shall not terminate upon the remarriage of Former Spouse. 9. Payments of Member's retired pay will terminate upon his death, and therefore, payments io Fomler Spouse out of his retirement will also terminate. However, the govemment has established the Survivor Benefit Plan (SBP) by which payments to a stated beneficiary of a portion of Member's retired pay will continue after his death. Applicable statutes allow a former spouse to be designated a beneficiary under the SBP. 10. When Member retires, he shall elect sufficient coverage under the SBP naming Former Spouse as his beneficiary and the parties agree that this covemge shall continue for the benefit of Former Spouse after the dissolution of the marriage of the parties. II. Member shall within ten (10) days of the date of this Order, take the steps necessary to change 2 Former Spouse from his "Spouse" to his "former spouse" beneficiary for appropriate coverage under the SBP. Member will take no action to reduce, limit or withdmw said "former spouse" election without leave of this Court. 12. TIle Act authorizes a former spouse of a retired military member to obtain court awarded payments from a member's retired pay directly from the member's service finance center. 13. In order to effect service on the service finance center so that direct payments can be sent to Former Spouse, certain information must be provided to the finance center. In order to initiate such payments, Former Spouse shall process an application that is in conformity with the Act, as follows: The following information shall be sent to DFAS-CL/L, Cleveland, Ohio, by personal service, or certified or registered mail retunl receipt requested: a. A certified copy of all orders of this Court relating to these parties that has been certified within ninety (90) days of the date the Center receipts for the application; b. A statement signed by Former Spouse requesting direct payment that includes the following language: "I request direct payment from the retired pay of Reginald L. Bagby, whose social security account number is 246-04-9176. in accordance with the enclosed court order. I certify that the court order is a final decree and has not been amended, superseded or set aside. As a condition precedent to payment. I agree that any overpayment are recovemble and subject to involuntary collection from me or my estate, and that I will notify the Uniformed Service if the openltive court order, upon which payment is based, is vacated, modified or set aside. I also agree to notify the Uniformed Service of a change of eligibility for payments. This includes notice of my remarriage, if under the terms of the court order or laws of the jurisdiction where it was issued, remarriage eligibility for child support payments by reason of the death, emancipation, adoption or attainment of majority of a child whose support is provided through direct payments from retired pay." 3 c. The address, or account anll bank routing infonnation, to which the payments are to be made. 14. Member is appointed as trustee for the benefit of Fonner Spouse to the extent of her award of a portion of his military retired pay. Member will pay to Fonner Spouse her said share no later than fivc (5) days after he receives a payment from the Financc Center. lllis pamgmph shall he applicable until a direct payment takes effect so that Fonner Spouse wi1\ receive her payment directly from the Financc Center and shall be effective for any month for which Fonner Spouse does not receivc full dircct payments from said Center. 15. Member will pay Fomler Spouse her interest in his retired pay as herein provided. Member is not relieved of this obligation except to the cxtent that he is notified that the interest of Fonner Spouse has been paid directly to her by the servicing Finance Center. 16. Member wi1\ execute a statement directed to the personncl and pay sections of his service authorizing said offices to release to Fonner Spouse any pay infonnation she requests, including copies of his retired pay statement. 17. Each party wi1\ be responsible for paying all applicable income taxes on the payments from the retirement that each shall receive. 18. Fonner Spouse may immediately file an application for direct payment as set forth in Pardgraph 12, above. 19. Member shall coopemte with Fonner Spouse as necessary to insure that she receives all benefits to which she is are entitled. 20. lllis court reserves jurisdiction to issue such amending or clarifying orders as may be necessary to insure Fonner Spouse receives payments awarded herein. 4 The foregoing STIPULATED ORDER FOR THE DIVISION OF MILITARY RETIRED PA Y is agreed . '.' to by: Re aId L. Bagby, ~ 1Ila.1- /5, l'lft? DateP . '/Iltz<.; 010,. /99 7 Date Approved as to fonn nnd content: , Esquire or efelldallt y A venue A 17013 / / I ~<<wJ/ J. " KA YER AND BROWN, P.C. IT IS SO ORDERED. DATE: ,\\J~ 1~% 5 .... AUTHORIZATION Fon RELEASE OJt' INI<'OItMA'I'ION TO: An Dcpartment of Defcnse Agcncies and Dcpartmcnts RE: Authorization for Rclcasc of Information I, Reginald L. Bagby, SSN: 24(,-04-917(, herehy authorize aU Departmcnt of Dcfense Agencics and Departmcnts to rclcase to my fortncr spouse, Dcnisll Baghy, any and all information she may request relating to my rctircd pay. This includcs, hut is not limited to, authori7.ation to release to her copics of retircd pay statcments. 111is Authorization may not he withdrawn without the llxpress wrillen consent of the Court of Common Pleas of Cumberland County, Pennsylvania. A copy of this release may scrvc as an original. ~~~_Mr/~~ Reg mId L. Bagby, mber JJ1()~ Date I~ Iff; , On the L day of /YIltf , 1991, before me, K'oOiff.,f. tJ!~t.Ptf'~16, a Notary Public, State of Pennsylvania, duly commissioned an sworn, pcrsonaUy appcared Reginald L. Bagby, who provcd to me on the basis of satisfactory evidence to be the person whose namc is subscribed to within this stipnlution and who aclmowledged to me as having executed this Releasc of Jnfonnation. IIOTAIIAL SEAl Illb;". J.1IWlERlO, H:lttly p~ CIrIIllt tln, ~ Colny, FA ~...' llln Hay. 13, ~. -- My commission cxpircs 00'" '0 ~~--- G /~ . , ~ ~p; ~"l! ~ '\J '1 ~ ~ ~ n , r, i .r, r, , . , f ( (.., r-. " .. (~~ ;, ; -- ,0- I' ( ( j . ., J REGINALD L. BAGBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 94-2203 CIVIL TERM : IN DIVORCE v. DENISE BAGBY, Defendant IN RE: PEnnON OF CIVIL CONTEMPT FOR EQUITABLE DISTRIBUTION ORDER ORDER OF COURT AND NOW, this --k>+- day of , 2000, the Court being advised that the parties have reached a proposed settlement, the matter is continued generally, to be rescheduled if necessary at the request of either party. Edgar B. Bayley, J. ".:~~ ~~.\~ ,", ,. " ,., ,. ': :, "'-\'{ \"IVI\:'~'" ,.~, ".. '.s..J~I' r.E~:~ ~S' t'L:1;j\~~L\ (jij r ~" -.. - ',.: I.~ \ \ ~ : ? 9 ,1 I 'I