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HomeMy WebLinkAbout95-00767 J ~ 51 f'- ~ ,.. , , :to (T 1 \ i . o Z .:.:. .:.:. .:.:. .:+;. .:.;. .:.;. .:+:. .:+;. .:~. .:.;. .:+:.' .:+;. .:+;. .:.:. .:+:. .:+;. .:+:. .:..;. .:+:. .:+:. :..:.~. .:+;. .:+:. .:.;. .:+:. .:+> .:+:. .:+:. .:t:. '.;.. ~ ~-------"'-"............--.......-...-.....----.."""'''''' ,......-.. ""'--..............-----------...-----..--......~.......-.."'......~....-~...-. ..-........-..~ "',. ,.-'. ""-.......- .-....- ~-......- -"""'J .'; y \~ " ~ s ~ w ~.' S .. ~ ~ ',' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~, STATE OF i[~~e PENNA, ~ '.' w ',' ~ ~ '.' M ..' ~.; ~ ~ ~ ,', ~ ~ ',' ,', ~ NANCY L. WILSON .. I ,95-767 CIVIL N, l, dd..d...d"d dd'd"dd,,, ~ ',' ~ ~ ',' Plain tiff ~ ~.' ,', ~ ~ ',' Vl'I':,Il.'i .. ~ w '.' CHARLES E. WILSON w ',' ,.; :, De fcndan t I' w ',' ,', III ~~ ,'. ~ '.' w ',' ~ DECREE IN DIVORCE AND NOW, ' .. .$,<:;'f? Tl::7 ,~c;-!.., \i....., )ql{l,2,QOll, , II is ordered and ~ ',' ~ ',' ~ ~ '.. ~ ',' ,;, ~ ~ ,; ,', ~ ~ ~ .'~ ~ ~.~ decreed that "" ,t:J~!'l,C:~ ,~.., ,I'!~ ~~,~~, , , , , . ,,', , , " , , , , " , , . " " plaintiff, and.., .. .. ,...... ~.I{i'l\lr...E,!l, 1,::" ,I'!H::;.Qr-j, ....'.. .... .. "......, defendant, are divorced from the bonds of matrimony, ~ ~,I ,', ~ ~ ',' ~ .' w '.' ~ ~ ~.' w ',' The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; There are no outstanding issues. ~ '.' ~ ',' ~ ~. .. ~ w ~.' ~ ~ '.' .... .... ..... ........ .......... .... ......... .... ...... ...... .... ..... ...... ~ ',' ~ ~., ~ ,', .~ .:+;. .:.:- .:+:. .:+:- ':(1):- .:+:. .:+;. .:.:. .:.;. .:+:. .:+;.' ... ~. ,J, I~ I~ ;. i'" ~ fiy The. (JZ;'c2 ()g~,J~. ^u.,,, 0 {l f ~ ", ~ 0:- ," ~ " S ~ :;.: i:l ~ ---,,-_.'" "'-- .,..----..- ",.., , ,.... .. - '.' .~~~~~*~**~,**~***~.~..*. ~ Prnthonoli\t.). ~ NANCY L, WILSON. Plnillliff IN TJ IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs, NO, lJ5.110767 CIVIL CIIARLES E, WILSON. DelclIllnllt CIVIL ACTION - LA W IN DIVORCE !'I{AECII'E TO 'mANSl\11T nECOIm TO TIlE PIWTlIONOTARY: Trnllsmilthe record. togelher wilh the following inliJrllllllioll. 10 Ihe cOllrllor enlr)' of n divorce decree: J. Ground for divorce: irrelrievllhle hrenkdowllunder Seelioll 3311I(c) .JJQ I (d)( I) of the Divorce Codc, (strike out illnpplicnhle seclioll) 2, Date IInd manlier of service oflhe Complnint: Mnreh 10. 1995. hy certified mail nddressed to the Defelldant. 3. Complete either paragraph (II) or (b), (a) Date of exec uti 011 of the IIftidavit of cons en 1 required hy Seclion 3301(c) ol'lhe Divorce Code: byPlnintiff: 09/01/00 ;byDelclldnnl: 09/01/00 , (h)( I) Dnte of execution of the IIf1idavit required by Section 3301(d) of the Divorce Code: ; (2) dnte of filing nnd service of the I'i,lintifl's aflidnvitupouthe respondent: 4, Relaled claims pending: no clnims were raised. 5. Complete either paragmph (a) or (bl, (a) Dnle and manner of service oflhe notice of inlentionlolile pruecipe to trnnsmit reeord,n copy of which is allached: (h) Dale Plaintiffs Wniver of No lice in Serlion3301(e) Divorce was filed with the Prothonotary: MAILED to Prothonotary on OU/05/00. Dnte Defendanl's Wniver of Notice in Section 3311I(e) Divorce wns filed with the ProthonoUlry: MAILED to Prothonot,ary on 9/05/00. . . r~. . -. , ~.: , '. , i . , ) ) , . 1 -::J ;'." fj, . . , i tJ [, ) '- '" .:J C~ ".J , .... , .' " "',' '.... . :.\...----:-..= ._7.::':::::;-":':.-~~, "'1 "', , I I -I I Leonard Tlnlner, Esquire Supreme Court 1.0. #06589 BOSWELL, SNYDER, TINTNER & PICCOLA 315 N. Fronl Street PO Box 741 Harrisburg, PA 17108.()741 (717) 236-9377 Allomeys for Plaintiff v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. NO. 9J-- tfc I 0 !--(}i...L .j M.-,l^-/ NANCY L WILSON, PLAINTIFF CHARLES E. WILSON, DEFENDANT : CML ACI10N - LAW : IN DIVORCE NOTICE TO .D.J<:FEND AND CM.IM RIGHIS. 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 fall to do so, the case may proceed without you and a decree of divorce or annul- ment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights Important to you, Including custody or visitation of your children. When the ground for divorce is indignities or Irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors Is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this llst Is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling you must make your request for counseling within TWENTY DAYS (20) of the date on which you received this notice, Failure to do so will constitute n waiver of your right to request counseling. . m:\h\famlly\ wilsou,dlv 2/9/95 Leonard Tlnlner, Esquire Supreme Court 1.0, #06589 BOSWELL, SNYDER, TINTNER & PICCOLA 315 N. Front Street PO Box 741 Harrisburg, PA 17 108.{174 1 (717) 236-9377 Allomeys for Plalnllff 'i NANCY L. WILSON, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. CHARLES E. WILSON, DEFENDANT CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW COMES the Plaintiff, Nancy L. Wilson, by her counsel, Leonard Tintner, Esquire, and Boswell, Snyder, Tintner & Piccola, and complains of the Defendant, Charles E. Wilson, as follows: Comvlaint Under ~330J(c) or ~330J(d) of The Divorce Code 1. Plaintiff is Nancy L. Wilson, an adult individual curren11y residing at 506 Beacon Hill Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant Is Charles E. Wilson, an adult Individual, currently residing at 506 Beacon Hill Road, New Cumberland, Cumberland County, Pennsylvania 17070. 3, Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least 6 months previous to the filing of this complaint, 4. Plaintiff and Defendant were married on March 1,1975 In Carbon County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The parties separated in February, 1995. 7. Neither of the parties in this action is presently a member of the Armed Services of the United States. 8, Plaintiff has been advised that counselling Is available and that Plaintiff may have the right to request that the Court require the parties to participate in counse\1ing, but avers that she does not require or request counselling. 9. The marriage is Irretrievably broken. 10, Plaintiff requests the Court to enter a Decree in Divorce WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the marriage between the parties. COUNT I Eau/Jab1e Distribution 11, Plaintiff incorporates the allegations of paragraphs I through 10 by reference as if set forth at length herein. 12, During the course of the marriage, the parties have acquired numerous -2- items of property, both real & personal, which are held in Joint names and In the Individual names of the parties hereto, WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned the parties hereto as marital property. RESPECTFULLY SUBMITTED, BOSWELL NYDER, TINTNER & PICCOLA By: .. DATE: February 9,1995 -3- NANCY L. WILSON, PLAINTIFF v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO, CHARLES E. WILSON, DEFENDANT CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Nancy L. Wilson, Plaintiff, hereby verify that the facts contained In the foregoing Complaint In Divorce arc true and correct to the best of my knowledge, Information and belief. I understand that false statements herein arc subject to the penalties of 18 Pa.C.S.A, ~4904 relating to unsworn falsification to authorities, DATE: ;) -(i -1> "~f1tfl ,rk ~ jffj'-X J , NA CY L. WILSON Lr> r:n ~) , '" ~ \.r) \,f"") ~~ -:) ';:j ...... "" i:l --. \-, ~ '........... -, ,~ "" f\.j ~ l' "'i ~ ~ II-' -l ')l. ~ , ') ~ " '" \.J._ - r-- -::v..-Lv<:> t:J~~ ~ tIl f;j o.'l . ~.o: Z :s ZZ O~ 0 ~~ r.. u tl u o ~ s: r.. Eo< Ii:: U>< .0: H Z~ ~ oll Eo< o.'l ~~ 0 I><Z ~~ > IlL ~ ;; OQ I g~ H ~. " 0 c:l ... '" - ! Eo<U Z . ~- ~~ .. g ,.. ,.. ~ 0 ..:Ill< . Z ~H:~~ Qc:l H ~ > c:l H OZ Eo< . ffin~ i u.o: U rz:l Eo< ~~ .0: . Ii!: ..:I tIl H ~ u ~ ~ :r:~ o.'l >< rz:l ~ rn '" Eo<~ H U ~ ~ ~ ZOO;:; ~ HUZU 0 U 0 P'l Leonard TllIlner, Esquire Supreme Court 1.0, #06S89 BOSWELL, SNYDER, TINTNER & PICCOLA 315 N. Frout Street PO Box 741 Harrisburg, PA 17 IOS.o74 I (717) 236.1)377 Attorneys ror Plaintiff NANCY L. WILSON, PLAINTIFF IN TIlE COURT OF COMMON I'LEAS CUMBERLAND COUNlY, PENNA, v. NO. 95-767 CIVIL TERM CIVIL AcnON - LAW IN DIVORCE CHARLES E. WILSON, DEFENDANT AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA COUNlY OF DAUPHIN 55, I, Leonard Tlntner, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff, NANCY L. WILSON, and that I did mail a true and correct copy of the Complaint in Divorce filed in the above matter, by certified mail, return receipt requested, deliver to addressee only, CHARLES E. WILSON, on February 14, 1995. to 506 Beacon Hill Road. New Cumberland, Pennsylvania, 17070. receipt card attached hereto ns Exhibit "A." 'sw~orn to and subscribed be re me this II day \ of l~rLh ,1995, h'~.LV-.--tT" J- Jv~c.\., NOT AR Y PUBLIC _ -. :"Jr/\r.w, SUi. Jlsromlll: r. 1;111'..., Ilov>I')' Public Hon'I,I,"I'\1, 1'1. O'''P;'ln Cou;,tj' ~y c,,~'lhrlon E'P'rtlf :10". 21. 1~96 U"> eM = ;...~ lr._ _I _ 1-:.,4' bl '.'" ~, ~ :; t:j :~ :::.r ~ , f.)l ..._). "',,, , , . .:. ~r. .. ~;: I.~ i. ~t: ~_.. I"~ 11....1 C' = <.1_ :r .... (Y) ~ = '. , NANCY L. WILSON, PluintilT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "S. NO. 95-00767 CIVIL CIIARLES E. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT Pursuont to Pa, R,C.I', Rule 11)20,72 I, A Complllint in Divorce under Section 3301(c) of the Divorce Codc was liIcd on Fcbruary 13. 1995. 2. Thc murriage of I'laintifi' and Defendunt is irretrievably broken and ninety days have elapsed from the dale of filing nnd service of the Complain!. 3, I conscntto the entry ofa Iinnl Decree in Divorce eithcr aftcr service ofa Notiec of Intcntion to Request Entry of the Decrce. I verify thutthe statemcnts Illude in this Affidavit arc true and correct. I undcrstand that false stlltelllcnts herein lire 11111de subject to the pcnlllties oflS I'll, C,S, Scction 4904 relating to unsworn falsilication to lIuthorities. 09/01/00 DlIte ~~, ~~) N CY L'!jJILSON /-. c'; ,>. r., > > .., , .1L'. .1_' J... ; ~J ~ -'-! I~.. ,'(I} l...:~ .~ "-} .;J (.) " '. NANCY I., WILSON, Plnintilf IN TIlE COURT OF COMMON PLEAS OF CW...IBERLAND COUNTY, PENNSYLVANIA 'IS, NO, 95-00767 CIVIL CIIARLES E. WILSON, Defendant CIVIL ACTION - LA W IN DIVORCE WAIVER OF NOTICE OF INTENTION TO IU~QUEST ENTRY OF A IlIVOnCE J)ECREF. UNnEn SECTION ~3111fc) OF TilE D1VOnCE COJ)~ I. I consent to the entry of a Iinal decree in divorce without notice, 2. lundcrstnnd thntlmny lose rights concerning nlil11ony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is grunted. 3. I understand tlmtl will not be divorced untiln divorce decree is entered by the court nnd tlmtn copy of the decree will be sent to me immediately nller it is tiled with the Prothonotary , I verify thntthe statements mnde inlhis Al1idavitnre true nnd corrcet. I understand Ilmt fnlse statemcnts hercin arc mnde subject 10 the penalties of ] 8 Pa, C.S, Section 4904 rclating 10 unsworn falsilication to nuthoritics. 09/01/00 Dntcd _J1~ N~ Y. \ ILSON NANCY L. WILSON. Plnintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs, NO, lJ5-00767 CIVIL CHARLES E, WILSON. Delcndnnt CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT Pursunntto I'll. R,C,P, Rule IlJ20,72 I. A Complaint in Divorce under Section 3301(e) of the Divorce Code WlIS liIed on February 13. 1995. 2. The mnrriage of Plaintiff und Delcndunt is irretrievubly broken lInd ninety duys huve c1upsed from the date of filing und service of the Compluinl. (\ 3. I eonsentto the entry ofa tinal Decree in Divorce either'ulier service ofu Notice of Intention to Request Entry of the Decree, . I verify that the statements mude in this Afliduvitare true uml correct. lunderstund thut lillse statements herein ure Illude subject to the penulties ofl8 I'u, C,S. Section 4904 relnting to unslVorn fulsitieution to lIuthorities. 09/01/00 Date ~4, c6! tnk CH/\ES E. WILSON : I NANCY I., WILSON, Pluintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CHARLES E. WILSON, Defendunt NO, 95.()()767 CIVIL CIVIL ACTION - LA W IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TilE DlVOR~E ~ODE I. I consent to the entry ofa Iinul decree in divorce without notice, 2. I understand thutll11uy lose rights eoncerni'ng ulimony, division ofproperty,luwyer's fccs, or cxpcnscs if I do not claim thcm bcforc a divorcc is grunled, 3. I understund that I will not bc divorced until u divorce dccrce is entered by thc court and that u copy of thc dccrce will be scnt to me immcdiutely ancr it is liIed with the Prothonotary. I vcrify IImt the statemcnts made in this Affidavit are true and correct. I understund that falsc statcmcnts hercin arc made subject to the penal tics of 18 Pa, C.S, Section 4904 relnting to unsworn falsilication to authorities, 09/01/00 Dated C~A ~ cfJ {~j( '1.1 '""" CIIARLES E, WILSON NANCY L. WILSON, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES E. WIL~bN, Defendant CIVIL ACTION - LAW NO. 95 - 00767 CIVIL 19 IN DIVORCE STA'rUS SHEET DATE: ACTIVITIES: ---- '"8 (t (~ : 00 t1.. . v'YJ . . <t.....j- .:q ~A-V'(...:{- oI:iJJJ< ~ ~d"l<l/- , . \, . NANCY L, WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 95 - 767 CIVIL CHARLES E. WILSON, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, February 28, 2000 Present for the Plaintiff, Nancy L. Wilson, is attorney Samuel W. Milkes, and present for the Defendant, Charles E, Wilson, is attorney Michael L. Bangs, This action was commenced by the filing of a divorce complaint on February 13, 1995, raising grounds for divorce of irretrievable breakdown of the marriage, The parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree prior to the hearing so that the divorce can be concluded under Section 330l(c) of the Domestic Relations Code. The complaint raised the economic claim of equitable distribution. Although Mr, Grubb (wife's prior attorney) mentioned that there was a claim for counsel fees and costs, no pleading has been filed raising that claim. There is no claim raised by either party for alimony. The parties were married on March 1, 1975, and separated February 12, 1995. There are three children of the marriage, two of the children are emancipated and counsel have indicated that the youngest son who is probably a senior in high school is living with the father. Wife is 46 years of age and resides at 494 Spruce Road, New Cumberland, Pennsylvania, where she lives alone. She has a bachelor's degree and is a school teacher in the West Shore School District. Her annual gross income is $51,000.00. Wife is directed to file an income and expense statement within two weeks of the hearing to be scheduled. She is currently paying child support to husband in the amount of $400,00 per month. She is not receiving any spousal support or alimony pendente lite from husband. She has not raised any health issues. Husband is 51 years of age and resides at 506 Deacon fli 11 Road, New Cumberl and, Pennsy1 vania, where he lives, as previously noted, with the youngest son. fie is a ~ high school graduate and has some college courses, He is a business man and has owned some companies involving computer and copy equipment and has sold those business and is currently engaged in sales as an employee of the purchasers of the bURlnesses. The name of the company with whom he works is PennLantic Corporation. His net biweekly income is $022,00. Husband has not raised any health issues. Currently he is covered under wife's health insurance plan with her employment; husband is able to pick up health insurance coverage through his current employer but there may be a cost to him and he should provide information as to the cost of that coverage. The parties own real estate as listed below and counsel have stipulated to the values as stated after the location of the property: 494 spruce Road, New Cumberland, Pennsylvania $ 09,000,00 Lot adjoining 494 Spruce Road, New Cumberland, Pennsylvania $ 27,000.00 506 Beacon Hill Road, New Cumberland, Pennsylvania $130,000.00 Lots 10 and lOA Ridge Road Fairview Township $ 70,000,00 The property at 494 Spruce Road, New Cumberland, Pennsylvania, has a current lien against it of around $51,000.00 (an updated payoff figure should be provided) and the property at 506 Beacon Hill Road, New Cumberland, Pennsylvania, has a mortgage lien of $70,000,00 and a line of credit lien which is currently around $15,000.00. Counsel for husband has indicated that husband had paid down the line of credit loan to around $1,500,00 at time of separation and since the separation wife has added debt to that loan so that it is currently at an amount of $15,000.00, Husband has been paying the mortgage and line of credit. Wife has been paying the mortgage for the Spruce Road property, The parties had lent money to a Jon and Jane Owens and husband received the payoff on those funds and applied most of money to debt. He does acknowledge, however, that $2,000,00 was left after payment of debt and he will agree that that should be added as a marital asset. Wife on the other hand, says that husband received the $25,000.00 and all of those funds should be designated as an asset subject . to distribution, Husband will provide evidence as to how he applied the monies to payoff debt from the payoff of that mortgage. The parties had listed on the pretrial statements some vehicles and after looking at the value and lien against the Firebird, the parties agree that the Firebird and Buick have more or less equal value. Therefore, the only issue apparently is the value of the 1982 Ford Conversion van which husband says is worth $500,00 and wife says is worth $1,500.00, There is also an issue raised about a 1978 pickup truck which husband gave to his father, Husband said that in his opinion the truck had a value of around $500,00. If wife thinks that value is wrong, she should establish evidence to show that the value of the truck was more. Husband acknowledges that he has a 1972 Pontoon boat in his possession which has a value of $2,000.00. Husband was the operator and owner of three businesses during the course of the marriage, West Shore Imaging Systems, Wertz Business Equipment, and the Copy Store, Husband sold the businesses pursuant to an agreement in 1998 for a value of $130,000,00. From the sale proceeds, $96,239,22 was used to pay debt; the balance which husband acknowledges is subject to equitable distribution, is being paid to husband on an installment basis. Part of the consideration of the sale of the business was that husband would be able to retain employment with the purchasers. The agreement specifically speaks to the compensation of husband and apparently after October 2000 husband will be on a strict commission payment for his services without the benefit of any salary. It is noted, however, the that commission arrangement only kicks in after the balance due under the terms of the agreement is paid to husband. Mr, Milkes does indicate that there is also a statement in the agreement dealing with part of the income received by husband designated as commission payments. Mr, Bangs' income statement does not address any commissions but Mr. Bangs indicated that he will check with his client to see if any of the $990,00 biweekly gross amount stated involves the payment or includes the payment of any commissions as opposed to straight salary. Mr, Milkes points out that there is also a dispute regarding the purchase of the three businesses as noted, specifically that the Copy Store was not included with the sale of the West Shore Imaging Systems and Wertz Business Equipment business. The pretrial statements list some checking \. accounts which were in the name of the businesses and according to Mr. Bangs those accounts were turned over to the purchasers. Mrs. Wilson is raising an issue that apparently has been a continuing problem in the resolution of this case, namely, that husband sold the businesses without her knowledge and that the amount that he received was not a fair and reasonable sum. She believes that this transaction was less than an arm's length transaction and that the businesses should have been valued for considerably more than husband received. To that end, Mrs, Wilson is going to hire a business evaluator to attempt to establish her position with regard to the value of these businesses, We will schedule a separate hearing to hear the testimony of the expert and any testimony that husband may want to offer in response on a separate day and then schedule a hearing to take the balance of the testimony on the remaining equitable distribution issues. The parties own a time-share in Florida with a debt of around $5,000.00, Husband has been paying the debt, Wife is of the opinion that the time-share is worth as much as the debt that is owed. The problem, however, is that neither party wants the time-share. Wife's position would lead us to the conclusion that if it is worth the debt, then husband can assume the debt, and wife gets credit for a portion of the alleged value of around $5,000.00 based on the percentage of distrihution ultimately applied. If the property, however, has no value, then husband and wife need to determine whether they should continue to make payments on the outstanding debt. Conversely as opposed to wife getting a value credited to her, if there is no value then wife will be charged with a portion of the debt which husband has assumed, There is an issue with respect to household tangible personal property and counsel have apparently provided some lists to each othel, Some of the problem involves who got what items of property and ultimately then, of course, trying to determine the value of property that each party received. The Master suggests that once the parties can establish where the property is located they should have the property appraised. Wife claims that husband received $6,000.00 worth of tangible personal property and husband says he got four items. Wife is claiming that husband received tax refunds from the filing of joint tax returns for 1994 and 1995. Husband claims that he used that money in lieu of support . for the children and to pay debts. Wife's position is that he should account for those funds and they should be put into the assets of the marriage for purposes of distribution. Mr. Bangs has indicated that he will provide a 1998 and a 1999 income tax return to wife from his client. Mr. Bangs has requested in exchange copies of wife's 1998 and 1999 income tax returns, Wife has a pension with PSERS and husband's prior' counsel had the pension valued and that statement is attached to Mr, Bangs' pretrial statement. There has been some discussion as to that value's validity and Mr. Bangs is going to discuss that issue with his client and may pursue having another look at the value. There is also a question raised by Mr. Bangs as to whether or not wife has any stocks and bonds and Mr. Milkes has indicated that he is not aware of any such assets, Mr. Milkes will provide Mr. Bangs a copy of wife's current pension statement, In order to keep this matter on track, the Master is going to ask that Mr, Milkes provide to Mr. Bangs within one month of today's date the name of his business evaluator and that within two weeks of the hearing, which will be for the purpose of hearing the business expert, Mr, Bangs should have the written report in hand for his review. A hearing to take the testimony of the expert is scheduled for Monday, August 7, 2000, at 9:00 a.m. Notices will sent to counsel and the parties, E, Robert Elicker, II Divorce Master cc: Samuel W. Milkes Attorney for Plaintiff Michael L. Bangs Attorney for Defendant NANCY L. WILSON, Plaintiff IN THE COUR~' 01' COMMON Pl.EAS 01' CUMOERLAND COUNTY, PENNSYLVANIA NO. 95 - 767 vs. CIVIL ACTION - LAW CHARLES E. WILSON, Defendant IN DIVORCE ORDER AND NOTICE SETTING IIEAlUNG '1'0: Nancy L, Wilson , Pla in tiff Samuel W. Milkes , Counsel for Plaintiff Charles E. Wilson , Defendant Michael L. Bangs , 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 7th day of August ,2000, 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/ ~1e(~r~ , ) f( l (, '\ / ~rge E. Hofler, President Judge Date of Order and Notice: 2128/00 oy: Divorce ~laHter II' YOU DO NOT IIAVE A LAI'IYER OR CANNOT AFFORD ONE, GO TO 01< TELEPHONE THE OFFICE ~;E'I' FORTH BEL0\1 TO 1'1 NO OUT 11HERE YOU CAN GET LEGAl, HELl'. Cil~lI\LI~LANIJ CllIINTY 1l,\I~ M;~;(}C 1 AT ION :! I.II\EIlTY AVI,:NilE CAIlI.I~il.l.:, 1',\ I-lOll TFI,EPilllNI': ('11/) ;',\'1- llh" * TESTIMONY WII,(, BE LIMITED TO TilE EXPER'r TESTIMONY AND TilE OWNERSHIP 01' HUSBAND'S BUSINESSES, . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Stroet Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Tracl .10 Colyer Office Mnnager/Reporter West Shore 697.0371 Ex\. 6535 August 11, 1999 William L. Grubb, Esquire 3105 Old Gettysburg Road camp Hill, PA 17011 Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 RE: Nancy L, Wilson vs, charles E. Wilson No. 95 - 00767 civil In Divorce Dear Mr. Grubb and Mr. Bangs: By order of Court of President JUdge George E, Hoffer dated August 4, 1999, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on February 13, 1995, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. No other economic issues have been raised in the proceedings. I am going to assume that grounds for divorce are not an issue and that the parties will either sign affidavits of consent or have been separated for a period in excess of two years. Based on that assumption, I am directing each counsel in accordance with P.R.C,P. 1920.33(b) to file a pretrial statement on or before Monday, September 13, 1999. Upon receipt of the pretrial statements, I will immediately schedule a prehearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master I . I I I Mr. Grubb and Mr, Bangs, Attorneys at Law 11 August 1999 Paqe 2 NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING COUNSEL. * FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. ... r= ,r -<.-. ~- !':: .. .~~. tu: .: C'\J '-->"r7 , " .l_.. I;. , fj,.. ';-"';:1,' f~J,~ _ : 0);:; .::, , /.] Ij,: ~; . -I;':: l>Jt -, ;;:~ , -Itl] r'. ~ ~J ~ tJ. , -.. ", c... ::> CI (;, (J MICHAEl.. 1... BANGS A'nORNEY AT I.A W JII2HOUTIIIM'"HTlUiET C"MI' 1111.1.,1''' 17011 I'IIONIi 717-7JII.7JI11 F"X 717-7JII.7,17'1 E~mail: 1Janh",IOl.w@palllllinc,cllll1 July 31, 2000 E. Robert Elicker, II, Esquire Office of the Divorce Mastcr 9 North Hanover Strect Carlisle, PA 17013 RE: Wilso/lI'. Wilso/l No, 95-00767 Dear Mr, Elicker: As a follow up to my telephone call with Tracy, enclosed YOll will find two Marriage Settlement Agrcements signed by Mr. and Mrs, Wilson, As I indicated to Tracy on the phone, [ received a Petition to Withdraw as Counsel by Sam Milkes and a Rule to Show Cause and [ understand that that is finalized or is soon to bc finalizcd, Soon after receipt of the Rule to Show Cause, [ received a call from Mrs, Wilson indicating she is representing herself. [ understand that you willscnd an Order to the court relinquishing your jurisdiction of the case and then we can proceed with the finalization of the divorce, Very truly yours, lU (1 J^ f) n 0 ~1 f?JUlM I. . Mich~"L.~ - 07 LG~ wsc Enclosures cc: Mrs. Nancy L, Wilson Mr, Charlcs E, Wilson Sumucl W, Milkes, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 MICHAEL L, BANGS, ESQUIRE 302 SOUTH 18th STREET CAMP HILL, PA 17011 I' '. , ..~" ';0." ~ ..-.. ~'''..q~......~ ..-.... >. Office of Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 WILLIAM L. GRUBB. ESQUIRE 3105 OLD GETTYSBURG ROAD CAMP HILL. PA 17011 Office of Divorce Master 9 North Hanover Streel Carlisle, Pennsylvania 17013 WILLIAM L. GRUBB, ESQUIRE 3105 OLD GETTYSBURG ROAD CAMP HILL, PA 17011 .,<.:..:.......,.'...'.; ..~ ....., ... of \ , '.,., ,- u_:_, ~...._,..... ....._ _ ..._~ ._ .. ! ' NANCY L. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ,.' v, : NO. 95-00767 CIVIL TERM CHARLES E. WILSON, Defendant : IN LAW - DIVORCE , , , , I , i I I PLAINTIFF'S 1)lmTRIAL STATEMENT Nancy L. Wilson, Plaintiff, by and through her counsel William L. Grubb, Esquire, hereby tiles this Pretrial Statement pursuant to Pa, R,C.P. 1920.33 and respectfully states as follows: MARITAL ASSETS VALUE DATE VALUE LIEN 1. 494 Spruce Road 1998 89,000,00 54,000,00 New Cumberland 13,000.00 renl property 2. adjoining lot to 1998 27,000,00 494 Spruce Rond real propcrty 3. 506 Beacon Hill Road 1998 130,000,00 70,000,00 New Cumberland 15,000,00 real property 4. Lots 10 and lOA Ridgc Rond 1998 70,000.00 Fnirvicw Township renl property 5, Mortgage, Jon & Jnne Owens 2/29/95 24,549.95 Cumb, Co, Book 1247 Page 226 6, Wifc's PSERS pcnsion 1995 31,662,57 7. 1994 Pontine Firebird 1997 9,000,00 3,000,00 8, 1972 Pontoon Bout 1997 1,500,00 9. 1991 Buick 1997 5.400,00 10. 1982 Ford Conversion Vun 1997 1,500.00 II. West Shore Imuging Systems sole proprietorship 1995 Undetermined us of this dute 12. Wertz Dusiness Equipmcnt sole proprietorship 1995 Undetermincd us of this dute 13. Copy Store Gettysburg, PA sole proprietorship 1995 Undetermincd us of this dute 14. Checking Account, WSIS PA Stute Dunk 1997 10,000.00 IS. Checking Account, Wertz PA Stute Dunk 1997 8,000.00 16. Checking Account, WSIS 1st Nutionul Dunk 1997 28,000.00 17. Checking Account, Copy Store Finunciul Trust Bunk 1997 8,000.00 18. Florida time shure 1998 4,987.50 6,000.00 4,987.50 19. Personal Property in Husbund's 1995 possession The parties have ugreed to uccept thc opinion of real estute ugcnt Craig A. Wilson,' a person unreluted to the parties, us to the value of the real properties. A copy of his opinion letter is attuched us Exhibit "A". A copy of the Mortgage referred to in above Item 5 is attached us Exhibit "0". NON-MARITAL ASSETS Vulue \. None 2 EXPERT WITNESSES The PlaintifTmuy cull: John A. Plesic Denjamin Wooten, Wooten & Knissley Thc Pluintiffrcscrvcs the right to cull udditionul cxpcrt witncsscs upon rcusonublc noticc to Dclendant. LAY WITNESSES The Plaintiff may cull: Nuncy L. Wilson, Pluintiff Churles E. Wilson, Dcfendunt (us on cross cxuminution) Larry L. Bixler, Jr. Ronald Roseberry Sally Plunk Wandu Etnoyer The Pluintiffreserves thc right to cull udditionul witncsscs upon rcasonublc notiec to Defendunt. The Plaintiff reserves thc right to supplement this stutement prior to trial. EXHIBITS Plaintiff intends to present thc following Exhibits: I. Statement of value of real propcrty, attuehed as Exhibit "Au. 2. The business valuution once performcd. The business vuluution cannot be completed until discovery hus been completcd regurding the various business entities owned by thc purtics. 3. Depositions of Husbund. 4. Dcposition of Lurry L, Bixler, Jr. 5. Dcposition of Ronuld Roscberry. 6. llusbund's Fcdcrallncomc Tux rcturns lilr vurious ycurs. 7. Intcrrogutorics of Delendunt. 3 8. Mortgugc from Jon and Janc Owcns to Dclendallt. Thc Plaintiffrcservcs thc right to introducc and use udditional cxhibits upon rcasonable notice to Dcfendunt. INCOME As determined ut the March 5, 1999 support conlerencc, Ilusbund hus a nct incomc of $1 ,757.57 per month und Wile u net income of $2,829.89 pcr month. Wife however, contends thut Husbund's actual incomc is eonsidcrably grcatcr, und is dcrivcd from busincss cxpensc uccounts. Husband's stated unnuul ineomc has rcmaincd ut $24,740.00 sinec utlcust 1993. Yct thc muritul busincss more thun triplcd in size from 1993 to 1997. Fedcral Incomc Tux returns show an increase in gross receipts from $300,708.00 in 1993, to $1,014,920.00 in 1997. EXPENSES Wife has submitted an expense report ut the support conferencc on March 5, 1999, and will submit an updated expense report ut the time of the prc-trial conference. PENSION INFORMATION The Plaintiffs pension account with thc Pcnnsylvaniu Public School Employces retirement System is Iistcd as u marital asset. Defendant has not discloscd any pension, annuity or retircmcnt type accounts as of this date. COUNSEL FEES The Plaintiff claims counscl fees, costs and expenscs in that she lucks the financial resources to conduct and maintain an adequate legal defense to this action. Husband has, by his actions and inaction, refused to fully disclose the true nature and value of assets. His conduct has been and continues to be vexatious and dilatory, and hc hus engaged in bad. faith negotiations. Husband has attempted to conccal the true naturc and extcnt of various marital asscts under his control, and has wasted and dissipated marital assets. On or about Oetobcr 22, 1998 Husband entered into an agreement to sell and transfer various marital asscts, without thc knowlcdgc or consent ofWifc, forcing her to scck the protcction of the Court und obtain a Temporary Order Restraining the Disposition of Property, to prevent 4 furthcr waste and dissipution of murital usscts. A copy of thc Ordcr is ullllehcd liS Exhibit uCH. Husband has control of the bulk of thc purtics' usscts, IInd thcreforc is in 11 position to frustrute thc Wifc's uttempts to resolvc this cuse U1nieubly, neccssituting hcr use of legal counsclto pursue this matter through u master. Thesc actions and inaction of Husbund huvc causcd unneecssury und undue Icgal costs and cxpenses to Pluintiff. Pluintiff requests attorncy fces, costs und cxpcnscs bc uwardcd to hcr for this action. Wife hus retained Icgal counsel ut un hourly.rutc of $125.00 per hour and an itemizution of charges for services rendered und costs for thcsc proceedings will be presentcd at the time oflriul. DISPUTED ECONOMIC ISSUES Valuutions of the various sole proprictorship business cntities both at datc of separation and present date arc in dispute. Husbund entered into un agrcemcnt to sell ccrtain assets for less than aetuul value, thereby contributing to thc wuste und dissipation of murital assets. Actual ownership and control of certain marital business entities, including The Copy Store, remain with Husband. Husbund contends that he sold The Copy Store, howcver the sworn deposition of one of the alleged owners indicates that it was not purchased. Husband contends thut all of the assets of the marital business entities, including West Shore Imaging Systems, Wertz Business Equipment and The Copy Store, werc transferred to Larry Bixler Ilnd Ronald Roseberry through their business entity, Pennlnntic Corp. However, in the deposition of one of thc buyers, the buyer denies purchasing The Copy Store and indicates that the only assets purchased were used vchicles, store fixtures and the customer list. Discovery us to the location and extent of the l11urital ussets is continuing, und a complete and accurate valuation cannot be completed until there has been full disclosure by Dcfcndant. MARITAL DEBT V AWE DATE AMOUNT I. Busbess loan First Union Bunk 1998 35,000.00 upproximatc 5 PROPOSED RESOLUTION OF ECONOMIC ISSUES The Plnintiffproposcs the following resolution ofthc cconomic issucs: To be distributed to wife: VALUE 1. 494 Spruce ROlld Ncw Cumberland rcal propcrty 22,000.00 2. adjoining lot to 494 Spruce Road real property 27,000.00 3. Lots 10 and lOA Ridge Road Fairview Township real property 70,000.00 4. Wife's PSERS pension 31,662.57 5. Lump sum Cash payment undetermined To be distributed V AWE to husband: 1. 506 Beacon Hill Road 45,000.00 New Cumberland real property 2. 1994 Pontiac Firebird 6,000.00 3. I'ersonul property now in his 6,000.00 possession 4. Mortgage, Jon & June Owens 24,513.37 Cumb. Co. Book 1247 PlIgc 226 6 NANCY L. WILSON, : IN TIlE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-00767 CIVIL TERM CIIARLES E. WILSON, Defendant : IN LAW. DIVORCE CERTIFICATE OF SERVICE I, WILLIAM L. GRUDB, Esquirc, certify that I have servcd a copy of thc forcgoing Pluintill's Pre-trial Stutemcnt on thc individuul listcd bclow by depositing the sal11e in the Unitcd States Mail, First Class, postage prcpaid, ut CUl11p Hill, pcnnsylvaniu: Michael L. Bangs 302 South 18th Street Camp Hill, PA 1701 J Date: )...tX 13 1'1<;'$ u l j;L-rWp .{ Willial11 L. Grubb, Esquirc 3105 Old Gcttysburg Roud CUl11p lIil1, PA 17011 8 f' ..... . 't . ~"'."" ~.- .~.~ . -..~:t!:--....!t""":' ...... . . , t ----~.. 'I , )J," .F'.. .' , . , . . . "M.t.IQllllllG..~..C... "ClQI....".1 "il""IIU~'Ufft'CO o...C_..~..C''''''',.''J.tol' /" < " 1 /11" ~.~~~ ~Jn~~UfsnJl!{~~nf~ .11...,. ,It. lOth I'~IJ "/ Dace=mbllr 1111' Lu,., "." 111"'114"" 'II,.. '.Ulll/hl/.",,1 n1naly"'lour ~ctumll ,I..III'I/.U'I,' JON OWE,'S AUD JANE Ow&tlS, hll wUe (It,,d,,I/''' &:.",." ,It. '&/v"/u/'" ), ",,,,,,,,., "''''I"HU' _.. ('HARLES e,Wll.SON. 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ALL TIIAr C&IlTMU h'ocl. of hnd l1utote in tho Dorough at Lemoyne, County at Cumbnrland, Stole at PennlylYftnh. bounded nnd ducribnd al CollowlI, to wlt. -- UElrlQ lot. number 73 and 74 ln a plan of loti known 41 plon number lhree, of florth Rivorton. PA, lhe aaid phn be1ng ncorded in tho ~ccordnr'a off1co tor Cumberlftnd County, pennlylvon1a, at Carlille, in Deed Dook J, Volumo 4. Pago 40,' Said lata frontlno leventy (701 (eet on tho aouth aido of State Street. Said lot numbered 74 .. fuclending back an even width, ana hundred and fifUen (1151 feet f ,narc or leu. to an aUey. Said lot numbered 73 extending bACk an cvrm width, one hundred aod cleven (111) feet, marc or hu, to ao aUny, IIAVWG TlICnCOU [:neCTED a dwelling houae known a8 736 Statc Stroot" L~maync. I'cnnllylvania. DCING I'ART or Tile S^HE rACHISES which the Eatate of Kennath Kallar and Charlt:tSE.WLlaon. by deed dated Dccembor 70 . 1991, and to be rccordud in till! aeriC'1 of tha Rocorder of Do~tor Cumberland County. grant ad ond conveyed unto Jon O~cn' and Jane Owen.. i3 n c'" ~I'I~: ,."glll ::u::u,t1 ,.. D 7J !:.u.1 c:;IJ :\1 n~t:! CJ It, -= ICI ~J :z ft,,_ 004 ft11" ~~~ .. .. CJ:d" C..", ~ .0 '.... n Co> c :"'1 .t:l .,., .' ioo.l~4 7 IItt 227 " 4l...1t,II,ttlf'l,h "II ."..1 ,'utul,., II., ""IM'''''IIIIII 111I/'''11'''1''"'', S""ft, '~III". """'11" "1I1f111", 11",,,,,, lr..ht..lt"w'.,.r.....,u., 1:11"'" /.ill""". ""Iol"~". /1"..1/11111I"'" mill 01111111I1"11I111'" h;hll" ,U.I.' "''''''UlIII I..tllfllill/. '" "1 11"11'1'11, ""1,,,,,'11111., 11111111.. 1l,...."lu'lI lUl.' It'lIIl1ll1ll.,., nil.", Itlll""Il1""I~h lI'''fII/. . lJ" I"'\lt IHlb I.. l"llt. 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'" ZZ 0< 00< " ...... u ~ ~)I @ ClJ'llllllll'lIwr"UI/ <If 'qJCIlIlIiUlulllli.1 t DO. ~ll1llltU ,If C-vw.~I".,,~ ~ ..,:~."i'~~1,t:IJ,.~ttturb,b (II tile Onlcc fer Iteeurdllll of 11,,01, III 01101 for C~b ....~':t 1>....fl~...I. r'I I 1-'{,~\~"A.~:;~J~'-;;~;1~''o.;:I' l..u ill ;''''''1''111 nflo/.: ~l/7 No.- Ji'?" ~.~ I~. . J.1"':~M~~~i!.r;~ 'i,"'~" I"'t- ;;J.d,f.. lile, ~J~ 'Ill'li~ .~~. i.J#."if~~': 7. T. ,2:: I (' "ill;:' :n," 'lllihu.. mv. JUHld ami 'tal 01 OtJICd tlib~ '~;i'I." h~~J\"'il'6.,~I~('; if'\ o,/J . " %::.:!~>~;t~r!.rj/j\;,: C/fltJ III 1UJe. .1,,"u J}olllinl J!JIl I'.''''A~~^,~ "~\~..' ~ ;LJ) . ,,',1"..': n~' "...... --Ice. 1-- \....~: .~.i;o!t?47 rm 229 GI.(:::riM~ LOAN DATA Loan amount: $25,000.00 Annuallnlerest rate: 10,00% ierm In years: 20 Payments per year: 12 First payment due: 111194 PERIODIC PAYMENT Entered payment: Calculaled payment: $241.26 CALCULATIONS Use payment of: $241,26 1 st payment In table: 1 Table AMORTIZE,XLS TABLE DATA Table starts at dale: or at payment number: 1 Tile teble uses tile calcu/ated periodic payment amount unless you enter a value (or "Entered payment", Beginning balance at payment 1: Cumulative Interest prior to payment 1 : 25.000.00 0.00 Payment Beginning Ending Cumulative No. Date Balance Interest PrlnclDal Balance Into rest 1 1/1/94 25.000,00 208,33 32,92 24.967,08 208.33 2 2/1194 24.967.08 208,06 33,20 24,933,88 416,39 3 3/1/94 24.933.88 207,78 33.47 24.900.41 624,17 4 4/1194 24.900.41 207,50 33,75 24,866,66 831.68 5 5/1/94 24.866,66 207,22 34,03 24,832.62 1,038.90 6 6/1194 24.832,62 206,94 34,32 24.798.31 1,245.84 7 7/1/94 24.798,31 206,65 34,60 24.763,70 1,452.49 8 8/1/94 24.763,70 206,36 34,89 24,728,81 1,658,86 9 9/1/94 24.728.81 206.07 35.18 24.693,63 1,864,93 10 10/1/94 24,693,63 205,78 35.48 24,658.16 2,070,71 11 11/1/94 24.658,16 205,48 35,77 24.622,38 2,276,19 12 12/1/94 24.622.38 205.19 36,07 24.586.32 2.481.38 13 1/1/95 24,586,32 204.89 36,37 24.549.95 2,686,27 14 2/1/95 24.549,95 204.58 36,67 24,513.27 2,890.85 15 3/1/95 24,513,27 204,28 36.98 24,476.30 3.095.13 16 4/1195 24,476.30 203,97 37.29 24,439.01 3.299.10 17 5/1195 24,439,01 203.66 37.60 24,401.41 3,502,75 18 6/1/95 24,401.41 203.35 37.91 24,363,50 3,706.10 19 7/1/95 24,363,50 203.03 38,23 24,325.28 3,909.13 20 8/1/95 24,325,28 202.71 38.54 24,286.73 4,111.84 21 9/1/95 24,286.73 202.39 38.87 24,247.86 4,314,23 22 10/1/95 24,247.86 202,07 39,19 24,208.67 4,516,29 23 11/1/95 24,208.67 201. 74 39,52 24,169,16 4,718.03 24 12/1/95 24.169,16 201.41 39.85 24.129.31 4.919,44 25 1/1/96 24.129,31 201,08 40.18 24.089.13 5.120.52 26 2/1/96 24.089.13 200.74 40,51 24.048.62 5.321.26 27 3/1/96 24.048.62 200.41 40.85 24.007.77 5.521.67 28 4/1/96 24.007,77 200.06 41.19 23,966.58 5.721.73 29 5/1/96 23.966.58 199.72 41.53 23,925,05 5.921.45 30 6/1/96 23,925.05 199.38 41.88 23,883.17 6.120,83 31 7/1/96 23,883.17 199.03 42.23 23,840.94 6.319,86 32 8/1196 23,640,94 198,67 42.58 23,796,36 6,518,53 33 9/1196 23,798,36 196,32 42.94 23,755.42 6,716.65 34 10/1196 23,755,42 197.96 43,29 23,712.13 6,914.81 35 11/1196 23,712.13 197.60 43.65 23,668.47 7,112.41 36 12/1/96 23,668.47 197,24 44,02 23,624,46 7,309.65 37 1/1197 23,624.46 196.67 44.38 23,560.07 7,506.52 38 2/1/97 23,560.07 196,50 44,75 23,535.32 7,703.02 Page 1 AMORTIZE,XLS 39 3/1/97 23.535.32 196.13 45.13 23,490.19 7,899.15 40 4/1/97 23,490,19 195,75 45.50 23.444,68 8,094.90 41 5/1/97 23.444.68 195.37 45.88 23,398.80 8.290.27 42 6/1/97 23.398.80 194.99 46,27 23,352.54 8,485.26 43 7/1/97 23,352,54 194.60 46.65 23.305.88 8,679.87 44 8/1/97 23.305,88 194.22 47,04 23,258.85 8.674.06 45 9/1/97 23,258.65 193.82 47,43 23,211.41 9,067,91 46 10/1/97 23,211.41 193.43 47,83 23.163.59 9,261.34 47 11/1/97 23.163.59 193,03 48,23 23,115.36 9,454.37 48 12/1/97 23.115,36 192.63 48.63 23,066,73 9,646.99 49 1/1/98 23,066.73 192.22 49.03 23,017.70 9,839.22 50 2/1/98 23.017.70 191.81 49.44 22,968,26 10,031,03 51 3/1/98 22,968.26 191.40 49.85 22918.41 10,222.43 52 4/1/98 22,918,41 190.99 50.27 22,868.14 10.413,42 53 5/1/98 22.868.14 190.57 ' 50.69 22,817.45 10,603.99 54 6/1/98 22,817.45 190,15 51.11 22.766.34 10,794.13 55 7/1/98 22.766,34 189.72 51,54 22,714,80 10.983.85 56 8/1/98 22.714.60 169.29 51.97 22.662.84 11.173.14 57 9/1/98 22,662,64 188.86 52.40 22,610.44 11.362.00 58 10/1/98 22.610,44 188.42 52.84 22,557.61 11,550.42 59 11/1/98 22.557,61 187,98 53.28 22.504.33 11,738.40 60 12/1/98 22,504.33 187,54 53.72 22,450,61 11.925.94 61 1/1/99 22.450.61 187.09 54.17 22,396.44 12,113,02 62 2/1/99 22,396.44 186,64 54,62 22.341.83 12,299.66 63 3/1/99 22,341,83 186,18 55.07 22,286,75 12.485.84 64 4/1/99 22,286,75 185,72 55,53 22.231.22 12,671.57 65 5/1/99 22,231.22 185,26 56,00 22.175.22 12.856.83 66 6/1/99 22.175,22 184.79 56.46 22,118.76 13.041,62 67 7/1/99 22.118,76 184,32 56.93 22.061.83 13,225.94 68 8/1/99 22,061.83 183,85 57.41 22,004.42 13,409.79 69 9/1/99 22,004.42 183.37 57.89 21.946.54 13.593,16 70 10/1/99 21.946,54 182.89 58.37 21.888,17 13,776.05 71 11/1/99 21,888,17 182.40 58.85 21,829,32 13.958.45 Page 2 I \ " " ,'. ' ,t I. " ',', .' ",' ;', ' .." ~ ': . ~ NANCY L. WILSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM ...-CHARLES E. WILSON, Defendant CIVIL ACTION LAW IN DIVORCE TEMPORARY ORDER RESTRAINING DISPOSITION OF PROPERTY AND NOW, this I 'f (~ day of 'D~ u..,~ .\', 1998, the Pl~intiff having filed a petition nnd verified that immediate nnd irreparable loss nnd damage may result to her before the matter cnn be heard on motion, upon consideration of the Plt:intiffs uttached petition, thc Defcndant, Charles E. Wilson, is hereby enjoined from transferring, encumbering, concealing, selling, removing, disposing, or alienating nny business entity or interest, personal property, or other marital property owned by them individually, or nny form of co-ownership, or in any other person's or entity's name until further Order of this Court. -tt l' J I A l~tljQ./.u6-oT\ w~cll7cl- hl~ QJ.~LJ .s~6.t<=l. K>~ /I 6Pl1\Il)~CJ I w.;>JJ,::.J "y v.'c.71cd <-J,(( !:,<; \?C.tJ fl""~f 1 "2rtt.G ,'c'7...rs:{ J <!..,It,w p:u11 . v BY THE COURT: ) t?(, -f;,' a1 (j . TRU~ COpy FROM RECORD In Te~i!rr:oio~' \~hGrC<1:, I haro unto SQl lilY hand arn.1tho ~ici said C at Cclr1lskl, Pa. Thl '../'I-~ !lilY, 19 OJ.--> :\ . .'~ ::7' lJr c7- Pro honotary ~ "e'f c )d1.'6~-r ." .. I i , ,. vs. ) ) ) ) ) ) ) IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY L. WILSON. I'I1Iintiff CIVIL ACTION - LA W CHARLES E. WILSON, Delendant NO. 95.0D767 CIVIL TERM INCOME AND EXI)ENSE STATEMENT OF C/lAnLES E. WILSON INCOME STATEMENT I. PcnnLlIntie Corp. $990.00 bi-wcekly gross (167.24) taxes $822.76 bi-wcckly TOTAL B1-WEEKLY INCOME $822.76 (tpennLantic Corp. reimburscs Defendunt, on uvcragc. $576.00 monthly for milcuge cxpcnse) MONTHLY EXI'ENSES I-Iome Mortgagc/Rcnt Utilities Scwer Wutcr Telcphonc Ilcuting E1cetric $832.00 $186.42 $ID.OO $38.00 $30.00 $56.42 $52.00 Employment (lrunsportlltion, lunches) $20.00 Tnxcs Rcul Estlltc, l'ersonalProperty und Income $367.00 totul I nsurunce Autolllobilc, Ilolllcowncrs, Fire $713.00 totlll ,. \ , Automohile $215.00 Fucl RCJl(lirs $15.()() $200.00 Pcrsonul Clothing Food Othcr BlIrbcr $15.00 Credit p(lYl11ents lInd 10(ln $500.00/yeur $280.00/l11ollth $15.00 $50.00 Misecll(lneous Entertuinment PlIyTV Gills/Charitablc Contributions Lcgal fees $50.00 $27.00 $20.00 $2,300.00 TOTAL MONTHLY EXPENSES: $1,394.00 Rcs. pcctfully subl11ittcd, .' ) , /;- IlAtJ!j{ 7 11 / MICIIAEL L. BANGS Attorney for Dclend(ln / 302 South 18th Strcct Cump Hill, PA 17011 (717) 730.7310 Suprcmc Court ID 1141263 COMMONWEALTII OF PENNSYLVANIA ) ( ) ss: COUNTY OF CUMBERLAND CHARLES E. WILSON, bcing duly sworn uccording to law. dcposcs and says thutthe fncts sct forth in the forcgoing Ineol11c and Expense Statement are true and correct to the best of his knowledge, infornlation and belicf: CU~/JJ~ C. RLES E. WILSON -. -- /10 . "I.t ~C.\l -- WEN!lY $, CH._5~'.O, r-J,:c:.v ri,l!..!h: 101lfOf ^~'t'I r....r., \~(~~i\D,-~~:'W.d (~Ir:fl My Com.l/kI... ""')/""'I.~oy 10,.~ , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-00767 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NANCY L. WILSON, v. CHARLES E. WILSON, Defendant PRAECIPE TO WITHDRAW APPEARANCE AND NOW, this Iq 1iray of March, 1999, withdraw the appearance of Johnson, Duffie, Stewart & Weidner and KEIRSTEN W. DAVIDSON and DAVID W. DeLUCE, as attorneys for Defendant, Charles E. Wilson, In the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER By:~LJ.01~..v..., Kelrsten W. Davidson David W. DeLuce PRAECIPE TO ENTER APPEARANCE AND NOW, this Iq 11::Lday of March, 1999, enter the appearance of Defendant, CHARLES E. WILSON, pro se, in the above-captioned action. By:-CLaJ.~!Jj PIJ~ Charles E. Wilson :121244 ~ ~ERr/FICA IE OF SERVICf i, AND NOW, this 19th day of March, 1999, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe to Withdraw Appearance and Praecipe to Enter Appearance upon the other parties of record by causing same to be deposited In the United States Mall, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: , I [ I William L. Grubb, Esquire 3105 Gettysburg Road Camp Hili, PA 17011 JOHNSON, DUFFIE, STEWART & WEIDNER By: G~b LJ ~ JJL, Kelrsten W. 'Davidson ~ III '- ..:J C,; ..., .. fjf1 c'; 'i __ , J'. ~"-. .. j4of" (L. . ) . >{-; .. ., @" <-"J : /'.1 j"' C\.J , .0 Q:~I' C" ;, .j f!: ,~:~ ,., :t;: ... /t. ..: n, .', 0 (J, () NANCY L. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMDERLAND COUNTY, PENNSYLVANIA v. : NO. 95-00767 CIVIL TERM CHARLES E. WILSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO WITIIDRA W AN APPEARANCE lllld TO ENTER AN APPEARANCE TO THE PROTHONOTARY: Pleasc withdraw my appearance as counsel of record for the above-captioned Plaintiff. Date: ( onard Tintner, Esquire 315 North Front Street I-Iarrisburg, PA 17108-0741 TO THE PROTHONOTARY: Please enter my appearance as counsel of record for the above-captioncd Plaintiff. Respectfully, Dalc: 7/, I(, {1/ I . 1/\ () J \ ~) 00 - .', J' JJU.l Willial11 L. Grubb, Esquire C) 3105 Old Gellysburg ROlld Cllll1p I-lill, PA 17011 (717) 763-5580 ~. b: (': ~~ .. U!~ ' 1..;'': (): . i..~ : ~ .. ll.i! C, (S~ '., CW' =1\. ,. 'J lL i~. C. .. <;.; 11. "- U 0 (;"1 '. ... NANCY L. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-00767 CIVIL TERM I' ., f i CHARLES E. WILSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO ENTER AN APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel of record for the above-captioned Plaintiff. Respectfully, Date: It Is-fen WL- j! hlt William L. Grubb, Esquire J.D. # 72661 3105 Old Gellysburg Road Camp Hill, PA 17011 (7 I 7) 763-5580 \ i I ,~ t:, . I 1I; c.;: r:: .., .- I....~ .. , . ..'. ~lJ9 ..:z r-J. )"J. ;~~) :~;~ , ~t. ( J I F:-:rl" .... f:! ~'J gc, ." -". ~ '" :;'l'} r IJw - , j ~;~ "JU. ff: III l.-~..; if;!:D '1; ::':. t!.lf.t. r-. '" I I,. r- ~5 LJ en U I .'';,t:\' , .~".,.,.... , t - NANCY l. WilSON, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND. . SS: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - lAW CHARLES E. WilSON, Defendant NO. 95-00767 CIVil TERM MOTION FOR APPOINTMENT OF MASTER CHARLES E. WILSON ( 1 Plaintiff I X 1 Defundant moveR the court to appoint a (.!Iastar with raspectto the following claims: X ) Divorce ) Annulmant ) Alimony ) Alimony Pandenta lito X ) Distribution of Proparty ) Support ) Counsel Fees ) Costs and Expenses and In support of the motion states: 1. Discovery is com pi eta as to the clelms for which tho appointment of a Master Is requested. 2. The Defendant I X ) has ( I has not appeared In the ectlon ( I personally ( X ) by his attornay. Michael L. Bangs, Esquire. 3. The stetutory ground Is) for divorce (lsl lare): 3301 lei. 4. Check the appllceble paregraphls), by check mark: ) The action Is not contested. ) An agreement hes been reachad with raspectto the following claims: (X ) The action Is contested with raspect to the following clelms: Equitable distribution. 5. The action ( I Involves I X ) does not Involve complex Issues of law or fact. 6. The hearing Is axpected to taka one-half 11/21 days. Date: () t clJ:l' '/1'( v 7. Additional Information, If any, relavant to the motion: N/A. fur ! ~ Attorney for Defendent 1 r:o: /'.~ 11 ,,-, '':" 'i:. - j-'r 'i~ . . (;): C1 , " (:.; , ~i '-..\: ).. . .,.:;: .,....J ',." ) , ~ u, ..:: ,.- t-. .- I.".... If) I (, , . ,. ;;','1 ,.~ I . , CJ " c.-i .....~. r"")) 0, >- ..... V-; .:1 S; 1-= r". C-:J ;3~~'; I'." , {"l--': \~:-~ . I~... '~l :',: ,. . "j' .:~:::j "; t (_\ a. ..[.::j I.:.i N 'I ;0' ., r'!' ,,'% .:. '--, 'l.iuJ .-- IU. I ~" (';) ::5 r: (1) u . , i I, , VS, ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I'ENNSYLV ANIA NANCY I.. WILSON, I'lnlnliff CIVIL ACTION - LAW CHARLES E. WII.SON, IJclendnnl NO. 95-00767 CIVIL TERM OIU>ER AND NOW, this __:l..._f1'- duyof 4~, 1999, upon eonsidcrutionofn Motillnlhr Appointmcnt of Mnster filed in this matter by Defendnnt, it is herchy OlmElWD thnt E I!~~ ~c'4 ,Esquire, is appointed Master with respcettothc l'i.l!lllwillg clnim(s): cquitnblc distribution. BY TIlE COURT, Johnson, Duffie, Stewart & Weidner By: Keirsten L. Walsh I.D. No. 78243 301 Market Street P. O. Box 109 Lcmoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-767 CIVIL TERM NANCY L. WILSON, vs. CIVIL ACTION - LAW CHARLES E. WILSON, IN DIVORCE Defendant PRAECIPE TO ENTER APPEARANCE AND NOW, this j j'ilJ day of August, 1997, enter the appearance of the undersigned on behalf of the Defandant, Charles E. Wilson, In the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER BV:~tNi17vJ yj ul~ Kelrsten L. Walsh :155995 . 01 '. (; l~; I": I .. Ill' () r 1", .."1 . H /,. : '. (Jf ;'.1 (II Ill' . rl, ~~j '. '. j. '. -".. 'I, r- j (j t;n U " " NANCY L. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMDERLAND COUNTY, PENNSY.LVANIA v. : NO. 95-00767 CIVIL TERM CHARLES E. WILSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE OF SERVICE OF PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT TO THE PROTHONOTARY: Please be advised that on July 23, 1997, an original and two copies of the Interrogatories of plaintiff, Nancy L. Wilson, were served upon defendant, Charles E. Wilson, 506 Beacon Hill Road, New Cumberland, PA 17070, by First Class, certified, return receipt, u.s. Mail. Respectfully, Date: ~z3/?1 j~l~ William L. Grubb, Esquire 1.0. # 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff >- c, ".. u; (:~ L; ;i: .. i LU~:? .:; , 0,.- ., n-' 1.-; 'C. .!.,"; ., Z(' ,,' -, L I'!;":: '':1'-'- - tl' t.': dId 0.:1 .l~ :.:; :'I='l. ,.- ..... -,- II. t- ::) u c, i.J .. ~ NANCY L. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM CHARLES E. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this the '[57 Ii day of oj oL.~r , 1998, it is Ordcred that a hcaring on the PlaintiIT's Petition For Special Rclief shall be held on \ /)(~Lf..' "t/l"J' ..:J a.m.~'ln Court Room , 1998 at . .j'" (,(,) I , Cumberland County Court 1.louse, Carlisle, Pennsylvania. . BY THE COURT I .~ ....J . . t' i { ,: It' .'.. .., '.' ,- f .._/ ),l...i.,/f"/' ~('7 . Ie!.); I'll . .. .I,..L.... \n.,', '/ Ht:""~F~~ , I . " , ,'_ .".'~.... I" c .. ,'., .'" r, L", ,.' . ,...... l'l:III~\1 [j~lJu;:G II ~ 'i'" ';, ~: ',Jil :.;J ^,J\ '.." . '." ,,', . " 'J .\.1 j..JI:J"'~}'~ ... I ;J NANCY L. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM CHARLES E. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this the duy of , 1998, upon review of the Plaintiffs Petition for Special Relief, it is hereby Ordered and Decrecd that: a) Defendant Charles E. Wilson shall cause the payments to the equity loan with PA State Bank which encumbers the plaintiffs residence to be made current and kept current until such time as the Equitable Distribution Count is resolvcd through a Property Settlement Agreement entercd into by the partics or until further Order of the Court. .. b) Defcndant Charles E. Wilson shall cause the payments to the equity lonn with PNC Bank which cneumbers thc dcfendant's rcsidenee to bc made current and kept current until such time as thc Equitable Distribution Count is rcsolvcd through a Property Settlement Agreement entercd into by thc parties or until further Order of the Court. DY THE COURT J. NANCY L. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM CHARLES E. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this the day of , 1998, upon review of the Plaintiffs Petition for Special Relief, it is hcreby Ordered and Decreed that is appointed Tl1lstee to operate, oversee nnd manage the sole proprietorship known as West Shore Imaging Systems, and to operate the marital business in trust for the benefit of the plaintiff and defcndant, nnd that the trustee is Ordered to bring and keep the second equity loans which encumber both of the marital residences current, until such time as the Equitable Distribution Count is resolved through a Property Settlement Agreement entered into by the parties, or until further Order of the Court. BY THE COURT J. NANCY L. WILSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM CHARLES E. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW comes Nancy L. Wilson, by and through her attorney, William L. Grubb, Esquire, and seeks special relief to preventthc waste dissipation of marital assets and avers the following: 1. Nancy L. Wilson, plaintiff, resides at 494 Spruce Street, New Cumberland, PA 17070, Fairview Township, Pennsylvania. 2. Charles E. Wilson, defendant, resides at 506 Beacon Hill Road, New Cumberland, PA 17070. 3. Title to the real property and dwelling at 494 Spruce Street, Fairview Township, York f:ounty, is held by plaintiff and defendant as tenants by the entirety. 4. Title to the real property and dwelling at 506 Beacon Hill Road, New Cumberland, Cumberland County, is held by plaintiff and defendant as tenants by the entirety. 5. The plaintiff filed a Complaint in Divorce under S3301(c) or S3301(d) of the Divorce Code, with a count for Equitablc Distribution, to the above caption and number. 6. The propcrty at 494 Spruce Road is occupied by the plaintiff and is encumbered by a first mortgage to National City Mortgage, of which the paymcnts are current and are made by the plainti ff. 7. Thc plaintiff and defcndant caused the property at 494 Sprucc Street to be encumbered by an equity loan by PA State Bank, for the use and benefit of their busincss venture and murital assct, Wcst Shore Imaging Systcms, a sole proprietorship. 8. Defendant, through West Shore Imaging Systcms, had been making the paymcnts on the cquity loan with PA State Dank, which encumbers plaintiffs residence. 9. Defcndant has not caused the paymcnts to be made for the last two months on the equity lonn with PA State Dank. 10. P A State Bank has notificd plaintiff that the loan is in default and that foreclosure proceedings will begin Novcmber 2, 1998, against the property at 494 Spruce Street, the residence ofthe plaintiff. il. Foreclosurc will cause substantial hardship to the plaintiff in that she will be dispossessed of her place of residence. i2. Foreclosure will cause dissipation and waste of the marital assets. 13. Thc property at 506 Beacon Hill Road is occupied by the dcfendant nnd is encumbered by a first mortgage to Harris Savings Bank, of which the payments are current and are made by the defcndant. i4. The plaintiff and dcfendant cuused thc property at 506 Beacon Hill Road to be cncumbercd by an equity loan by PNC Bank, for the use and benefit of their business venture and l11arital properly, West Shorc Imaging Systems, a sole proprietorship. 15. Defendant, through Wcst Shore Imaging Systcms, had bcen muking the payments on the cquity loan with PNC Bank, which encumbers defcndant's residence. 16. Delendunt, through Wcst Shorc Imaging Systems, hus not caused the paymcnts to bc l11adc for the last two months on thc equity loun with PNC Dank. 17. Dcfcndnnt's continued Ihilurc to makc loun payments places the loan in jeopurdy of defuult, and potentiul forcclosure procccdings. 18. Foreelosurc will cause dissipation and waste of the marital asscts. 19. , Defendant continues to control the marital business known as West Shorc Imaging Systcms, to the cxclusion of the plaintiff. 20. The actions of the dcfendant, or luck thereof, in keeping the loans for West Shore Imaging Systems current, is causing waste and dissipation of the marital asset known as West Shore Imaging Systems. WHEREFORE thc plaintiff prays this Honorable Court to Order the defendant to bring the equity loans current and to continue to kecp the loans currcnt until such time as the Equitable Distribution Count is rcsolved through a Property Settlement Agreement entered into by the parties or until further Order of the Court, or; IN THE AL TERNA TIVE, the plaintiff prays this honorable Court to Order that a trustee bc appointed to operatc, oversec and manage thc sole proprietorship known as West Shore Imuging Systcms, und to opcrutc thc marital business in trust for the benefit of the pluintiff and defendant, und that thc trustcc be Ordercd to bring and keep the aforcmentioned cquity louns currcnt. Rcspeetfully submitted, J~\00. !?b~U, Date: I_I tl{"l~ William L. Grubb, Esquire Attorney for the Plaintiff 3105 Old Gettysburg Road Campl-IilI,PA 17011 (717) 763-5580 VEIUFICATION I veri fy that the stutcments made in this document arc true and correct. understund that fulsc statements hercin arc l11ude subject to penulties of 18 Pa. C.S. ~ 4904, relating to unsworn fulsification to authorities. ./ Dute: It} /~ h t / I NANCY L. WILSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM CHARLES E. WILSON, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDA VIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMDERLAND I, WILLIAM L. GRUBB, Esquire, being duly sworn according to law, depose and say that lam the attorney for the plaintiff, and that I did mail a true and correct copy of the plaintiff's Petition for Special Relief, filed with the Prothonotary to the above caption and number this day, to the individual listed below, attorney for the Defendant, by depositing the same in the United States Mail, First Class, postage prcpaid, at Lemoyne, Pennsylvania: Keirsten L. Davidson, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER P.O. Box 109 Lemoyne, PA 17043-0\09 Datr: lojZ7/tjg . -LJ..~ /. ~.?~. William L. Grubb, Esquire 3 I 05 Old Gettysburg Road Camp I-lill, PA 17011 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the7.:/'!>- day of OC'T{jt;([( , 1998, before me the undersigncd officer appeared William L. Grubb, known to me (or satisfactorily proven> to be the person whosc name is subscribed to the within instrument, and acknowledged that he exceuted the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set I11Y hand und official scal. :.rcJ;'Ikl.'?J /f vtdt otar)' Public Nolorlol 5001 Susan M. Grubb. Nolory Publlo Lowo, AI/on Twp,. Cumborlond County My Commission E,plros Juno 21, 1099 ~ en G .:J . .... co :;) .-:r: l~Q U~_ f? :r; U'. ...( :=~ . jr ("j.~ }.;~ .-Or r- ~Io (/) ~.:.... N ..1.,: rc~}~ t- 1...~ IdtJJ ,-, 1.;1u- r-: c 'I.. m ~3 c.> en U .' V.IUUNMtIl.n.IAL'IAIU.tI.H"'l\l'",M"llllll.l_llI'~ It NANCY l.. WIl.SON. Pluinliff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, ) ) ) ) ) ) ) NO. 95-00767 CIVIL TERM CIVIL ACTION - LAW CHARLES E. WILSON, Dctenuant I'J{E-TIUAL STATEMENT IN ACCOIWANCE WITH I'll. RC,I', 1920.33(b) 1. LIST OF ASSETS Vuluc Date of Valuation u) 506 BClleonllill Roau New Cumbcrlunu, PA $130,000.00 Currcnt b) 494 Spruec Rouu Ncw Cumbcrlund, PA $89,000.00 Current c) Lot lIdjoining 494 Spruce Roau Ncw Cumberland, PA $27,000.00 Current d) Lots 10 unu lOA, Ridgc Rouu Fairvicw Township $70,000.00 Currcnt c) Wifc's pension $31.662.57 02/10/95 I) Husbunu's formcr busincss $130,000.00 as of datc OfSlllc Wcst Shorc Imuging Systcms lInd Octobcr, 1998 relatcd cntitics (tnote that $96,239.22 ofprocccus havc bccnuscd to puy vurious ucbts ussociatcd with business unu personul dcbt) g) Husband's 1994 Fircbiru Unknown h) Wilc's 1991 Buick Unknown i) Timc-shurc in Floriuu Unsalcnblc "'lIi()~ "'r..nl"llf"tr.MtNTIU'm~mU 1n.I""tll~K If j) Ilousehold goods and Iilrnishings Unknown (proposul is to dividc those in kind) Non-Muritnl Portion Licns or EnclImbranccs n) Nonc mortguge - $70,000.00 to Hurris sccond mortgage - $14,000.00 (npprox.) (husbund hud puid sccond mortguge down to $1,500.00; Wife uccessed this account two times: first in Muy or Junc, 1999, second in last two wecks rcsulting in current balance . now of approximutcly $ I 4,000.00) b) mortgngc - $50,000.00 Nonc e) None d) Nonc e) Nonc f) Dcbts totaling $96,239.22 have been paid from the proceeds of the salc Nonc g) h) i) None Unknown None Unknown None current debt owcd is $4,987.50 j) Nonc 2. EXPERT WITNESSES Nonc unlieiputcd. 3. WITNESSES Churles E. Wilson Nnncy L. Wilson Larry Bixlcr, Jr. "iIUOHt1tr..nllUUAI1:MtNTISt.lIUUlI'IIIO.I_tll'"'' i, 4. EXIIIIIITS Ifno stipulation can bc reaehcd as to thc cxhibits. thc cxhibits will bc thc various documcnts conccrning vuluutions ofthc propcrty which will includc uppruisals to documcnt the vuluulions us Iistcd. 5. INCOME STATEMENT Sce scpurutc doeumcnt. 6. EXPENSES Sce sepurutc document. 7. I'ENSION INFORMATION Providcd ubovc. 8. COUNSEL FEES No c1uim. 9. PERSONAL J>ROI'ERTV Dclcndant hopes to dividc thut in kind. 10. MARITAL DEBTS Husband will prescnt a numbcr of marital dcbts that wcrc puid through thc procccds of the loun. Additionully, Husbund continucs to puy the til11c-share dcbt which hus an outstanding bulunce of $4,987.50. Husband ulso puid olTthcir child's school loan in thc amount 01'$2,600.00, and maintaincd puymcnts onthc timc-shurc sincc scpnrutiou (thc scpurntion bulancc was approximutely $7,537.84). Additionally, Husband hus paid taxes onthc Ridge Roud lots und will scck cither repuYl11cnt of thosc or considcration of thosc in thc ultimatc distribution. 11. PROI'OSED RESOLUTION OF ECONOMIC ISSUES Husband proposcs thut hc rctuin thc procccds Irol11thc sulc of thc busincss as wcll us the housc that hc is rcsiding inut 506 BCllcon I I ill Roud, New Cumberland. Pcnnsylvunia. Wile should rctuin thc rcsidcnce ut 494 Sprucc Roud, Ncw Cumbcrlund. us \Vcllus thc lIdjoining lot on Sprucc Road. Shc should also rctain hcr pcnsion. Thc remuining lots should bc sold lInd the procccds should bc split such as to cflectuatc u 60-40 split inlhvor of lIusbund, tuking into considerution thc debts that hc is responsihlc lor und thc til11c-shurc. und the othcr debts hc has puid. Husband YtlunN f"Ill!.tIlIAl. IrAnMrmil"" "'llfl.ltI.I....111\~ If thinks this resolution is uppropriutc since hc eurns less tlllln Wile ulld hc hus custody llfthc parties' minor child. Rcspcctfillly submittcd. /1/1,;() MICIII\EL L. ANGS Attomcy lor Dcfendunt 302 South 18th Strcet Camp I-I ill , PA 17011 (717) 730-7310 Suprcmc CllurtlD 1/41263 , . VfIUUNnr..llllA1.nAIUIl-HIIU'IU.t1UJl.llll,",1H'~ IJ CERTIFICATE OF smVICE II-IEREBY CERTIFY thut ( huvc this duy scrvcd thc lilrcgoing I)cfentlllnt's PrcTrill1 SllItemcnt hy depositing II copy of sUlnc in thc Unitcd Statcs l11uil, postagc prcpuid, at Camp Hill, Pennsylvaniu. addrcsscd to the lilllowing: Willium L. Grubb, Esquirc 3105 Old Gcttysburg Road Cump Hill, PA 17011 DATE: r L ( I (lb ( c WENDY S. CI1IESBRO Paralcgul " -, '. GP PENSION APPRAISERS INC. P.O. Box 4396 · Allentown, PA 18105-4396 1-800-447-0084 · Fox 610-770-9342 E-MAIL: pcnapp@pcnslonappraisers.eorn WWW: http://wIl1v.pcnslonapprolsers.eom January 9, 1998 rReCiElVED JAN 1 5 1998 JOI",..O to....... . 1'0 ~ '-'.:;VIM/'r I'~D' D~FFIE I I IH:IDNEn Kelrsten L. Walsh, Esq. PO box 109 Lemoyne, Pennsylvania 17043-0109 RE: Present Value of Nancy L. Wilson's Defined Pension Benefit . File No. 01-06-98-033-0033B Dear Attomey Walsh: We have determined the present value of Nancy L. Wilson's defined pension benefit by the PBGC Actuarial and Mortality Table Method as of February 10, 1995 to be $31,662.57. ThIs calculation was derived from the . followIng data: BIRTH DATE: December 20, 1953 SEX: Female MARRIAGE DATE: March 1, 1975 VALUATION DATE: February 10, 1995 PENSION PLAN: PA Public School Employees Retirement System DATE EMPLOYMENT STARTED: February 1, 1981 (Assumed date pension holder began partIcipation In the plan) DATE BENEFITS STOPPED ACCRUING: February 10,1995 (Assumed date pension holder ended participation In the plan) ASSUMED DATE MARRIAGE ENDED: February 10,1995 AGE WHEN BENEFITS COMMENCE: 62 Years "Valuators of Defined Pension Benefits for Equitable DistrIbution" . PBGC Actuarial and Mortality Tables Method January 9, 199B Nancy L. Wilson - 01-06-9B-033-00338 Page 3 REDUCTION FOR NON.VESTING: 1.0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 1.0000 Represents that portion of the value of the beneflts attributable to the marriage. The numerator of the fraction represents the total period of time the pension holder participated In the plan during the marriage and the denominator Is the total period the pension holder participated in the benefits program. Reduction for Non-vesting: Reduction for Marital Coverture: $ 31,662.57 x 1.0000 PRESENT VALUE BEFORE REDUCTIONS: x 1.0000 VALUATION FOR EQUiTABLE DISTRIBUTION: $ 31,662.57 .'...~~"....~,...~,.,..,. __ .__,d. ..__ NANCY L. WILSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM CHARLES E. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW PLAINTIFF'S PETITION FOR SPECIAL RELIEF To The Prothonotary: Please withdraw thc Plaintiffs Petition for Special Relief filed on October 27, 1998, to the above caption and number. Respectfully submitted, lJ~~.L. Date: Ibl20 I Cj e, William L. Grubb, Esquire Attorney for the Plaintiff 3105 Old Gettysburg Road CmnpHilI,PA 17011 (717) 763-5580 ; ; i I ! i I I I ..... f.r; i-'= ul) ( J .~.: ,-( f'. j-:-. (;3~ ttj~. L:~; r:" tJ. () C"l r:: .~ 'Cj ~'j~ '~~~ . .~- ',. (1) ') ~.~ ,,~ .-.. :.;1(n ;J u.. ::.i U c;., ...t: o t': 1- W W CO 0' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NANCY L. WILSON, Plaintiff CHARLES E. WILSON, Defendant NO. 95-0767 CIVIL TERM ORDER OF COURT AND NOW, this 30tt-day of October, 1998, a Praecipe To Withdraw Plaintil1's Pctition for Special Rclief having bcen filcd on October 30, 1998, the hcaring prcviously scheduled for Novcmber 2, 1998, is CANCELLED. BY TI-IE COURT, William L. Grubb, Esq. 3105 Old Gettysburg Road Camp Hill, PA 17011 Attorney for Plaintiff ~,::"-"",-...':l,,l JO/3cJH. ~ -f'. Kcirsten Davidson, Esq. David DeLuec, Esq. 301 Market Street Lcmoyne, PA 17043 Attorneys for Defendant :rc '; .:, < .'\11.~,' ,J~?d I I'" ',., ' . ., '.'" "') '\ ;;. " W'r, ' ;, 'I .'J 'II iii' 1"[; I": v '(,; '. _ \f .oJ 1.1J J '.~; I' ' .; , " II-.;.,j.',- .,' , . ,,'.1.. ~\.) ;~/J.:,.) 1.1) r J " " NANCY L. WILSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM CHARLES E. WILSON, CIVIL ACTION - LAW Defendant IN DIVORCE TEMPORARY ORnER RESTRAINING mSPOSITION OF PROPERTY AND NOW, this , 'tIt.. day of f)cu.....[" /f, 1998, the Plaintiff having filed a petition and verified that immediate and irreparable loss nnd damage may result to her before the matter can be heard on motion, upon consideration of the Plaintiffs attached petition, the Defendant, Charles E. Wilson, is hereby enjoined from transferring, encumbering, conecaling, selling,. removing, disposing, or alienating any business entity or interest, personal property, or other marital property owned by them individually, or any form of co-ownership, or in any other person's or entity's name until further Order of this Court. 1/ j _ 1\, I~Ul~llJ6- 0'1, w~c 7S 1nl~ OJ.Je:..) .S~n ~tJ lo~ I~ CPl)tllP.('d I \1,0 ..:>JJ'CJ aI' v ,'C ;>-(cd u~,(( (,,- 17,JJ f l"'~f 7 ~[- iL, 1<"7....'.,:{ J- ,'-I-reS /J.'.)(l - v DY THE COURT: mED-C:TiCE ('" T' ....1'...'-. .'.."....,T.-Y ..'r II' ,,-' '.h'.'!,,:-, , i i , I ~ : 1)3 flEe I ~ fdll/: n7 Ci 11,1.:. ,: ',: " "i'~IJ\I--IY '-'I.,.....!.\,..I..I.....) '.....(./-j pa,,! tlS llV;..I'~'l, " " NANCY L. WILSON, Plaintif f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM CHARLES E. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE ORnER AND NOW, this the day of _' 1998, it is Ordered thut a hcaring on the Plaintiffs Petition to Prevent Disnosition of Proncrtv shall be held on ,199_at a.m.lp.m. in Court Room , Cumbcrland County Court Housc, Carlisle, Pennsylvania. BY THE COURT J. NANCY L. WILSON, plaintiff IN THE COURT Or COMMON PLEAS Or CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM CHARLES E. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE IIETlTION TO PREVENT DISPOSITION OF MARITAL II\tOPERTY AND NOW comes Nancy L. Wilson, by and through her attorney, William L. Grubb, Esquire, and seeks special relief to prevent thc wastc dissipation of marital assets and avers thc fol1owing: I. Plaintiff is Nuncy L. Wilson, an individual rcsiding at 494 Spruce Strcet, New Cumberland, I' A 17070, Fairvicw Township, York County, Pennsylvania. 2. Defendant is Charles E, Wilson, an individual residing at 506 Bcaeon Hill Road, Ncw Cumberland, Pennsylvania. 3. Plaintiff and Defcndant are husband and wife, having been married on March I, 1975, in Carbon County, Pennsylvunia. 4. Plaintiff tiled a Compluint in Divorce under S3301(c) or s331(d) of the Divorce Code, to the abovc caption and number on Fcbruury 13, 1995. Said Complaint includes u Count for Equituble Distribution ofthe muritlll assets. 5. Plaintiff and Defendant, as tcnants by the cntircties, arc thc owners of prcmises und dwellings at 494 Spruce Strcet, Fairview Township, York County, 506 Beacon Hill Road, Ncw Cumberland, Cumberland County, and a certain lot locatcd on Ridgc Roud, Fairview Township, York County, and the contents of thereof as murital property. 6. At the timc of separation, husbund and wifc owned, as u solc proprietorship, sevcral business entitics which included Wcst Shorc Imaging Systems and Wcrtz Business Equipment, with a place of business in Lcmoyne, Pcnnsylvania, The Copy Shop with u plucc of business in Gcttysburg, Pcnnsylvania, and West Shore Imaging Systems, with u place of business in Selinsgrovc, Pcnnsylvania, all as marital property. 7. On October 22, 1998, Defendant did enter into an Agrecmcnt of Salc to sell or transfer the business entity known as West Shore Imaging Systems, to the exclusion of and without the knowledge or consent of thc Plaintiff, the full and complete details of which huvc yet to be revealed to Plaintiff. A true nnd correct copy of the Agreel11ent as filed in the Office of the Rccorder of Deeds, Miscellaneous Book 592, Page 661, is attached hereto, made a part hercof and market as Exhibit A. 8. By transferring said items of marital property, the Defendnnt has wrongfully, intentionally, nnd maliciously prevented PlaintiIT from excrcising her right nnd ownership interest in said business in ordcr to dcfcat un equitable distribution or similar award. 9. The conduct of Defendant as heretofore stated has been a misappropriation of marital property, and may be a waste and dissipation of the marital assets. 10. Said translcr und coneeahncnt of thc marital propcrty is to the Plaintiffs great detrimcnt. II. PllIintilThas no adcquate rcmedy at 11Iw. 12. InUlledintc nnd irreparable is being euused by Dcfcndnnt's conduct, which is deleuting Plaintifl's claims of Equitable Distribution. 13. Further immediate and irreparable loss and damagc may rcsult should Defcndant continue to scll and transfer additional businesscs or marital asscts. WHEREFORE, Plaintiff prays for equitable relief as follows: (a) thut an injunction issue preliminary and until hearing and finally thereafier, enjoying Defendant from disposing, transferring, encumbering. concealing, selling, removing or alienating any business, business cntity, or busincss asset, realty or personalty, or any other marital asset known or unknown to the Plaintiff,; (b) that your Honorable Court issue an order requiring un accounting of all itcms of marital propcrty in Defcndant's possession or control, and that no further disposition, transfer, encumbering, concealing, selling, removing, or alienating take place without further order oflhis Court; (c) thllt your Honorable Court attach said items of marital assets; (d) such other rcliefas your Honorable Court may deem appropriatc; (e) award attorney's fees, costs and expenses BY: L-' ;.0Jb .( _ illiam L. Grubb, Esquire 3105 Old Gettysburg Roud Camp Hill, PA 17011 763-5580 Attorncy for Plaintiff VERIFICATION I verify that the statcmcnts mudc in this document ure truc and correct. I undcrstand that fulse statcmcnts hcrcin arc mude subject to penalties of 18 Pa. C.S. !i 4904, relating to unsworn falsification to authorities. Date4.~M1'kA.)/4j'17 g = . , r .;,J ('('".f) '3 ~'I r,t AGREEMENT OF SALE THIS AGREEMENT OF SALE Is made this ~day of O~tOMfJ . 1998, by and between CHARLES E. waSON ('Seller'), and PENNLANTIC CORP. ('Buyer'), Buyer and ~eller,lntendlng to be legally bound, hereby agree as follows: 1. SALE AND PURCHASE: a, The Property. Seller shall sell to Buyer, and Buyer shall purchase from Seller, all ofthe following property (the 'Property'), on the terms and . , conditions set fonh herein: :" I. All alsets, fixtures, equipment, fumlshings, Inventory, vehicles, customer lists, aceounts receivable, and the name and good will of Selle(s business known as WEST SHORE IMAGING SYSTEMS, located at 30 North Fifth Street, Lemoyne, Pennsylvania. A list of amts Is attached heno as Ellhiblt A. 2. ... ;:. ,,- tl~ .n . .-l 0 ,. :J .., 0- ... % M '.' '" ::> ~ 0 E: '; " c.... , n e .- ... :; N ". .- -. N ". " n: fll f':~ ~.J t- .. c..:o :11 = .\ ,t' _( ,I' ~. co . c:n PURCHASE PRICE AND PAYMENT: a, The Furch,se Price. The purchase price for the Property shall ue the sum of One Hundred Thirty Thousand Dollars (St30,000,00). b. Pavroent ofPurcha.e Price. The Purchase price shall be paid by Buyer to Seller as follows: i. A cash payment of Fort}' Four Thousand Dollars (S44,000,00) at closing, and the remainder oflhe S 130,000.00 to be paid wilhin 60 days. iI Any and allliabllltles oflhe buslnmshall be paid from tile proceeds of the closing, A Ust of liabilities to be paid Is attached hereto as Exhibit B. These liabilities do not include accounts payable owed to vendors or monthly operating bills, moneys owed to Invenlory financing companles, or standard business expenses, 3. DUTIES AND OBLIGATIONS: a, SeUer shall reUnqulsh any and all right., title, and/or tnterest in Ihe above Property to Buyers upon execution of this agreement,l\I1d shall execute any and all documents necessary to effectuate the traOlfer of said right, title and/ or Inlerestlo Buyer. E:'xt\;6.\ A ~r.~/: r.,~):? W.f nGJ. ." \4 b, Seller hereby agrees not 10 compele wllh Duyer, in any way whatsoever for . period of five (5) years, and within a distance of 100 mile radius of Harrisburg~ Pennsylvania, c, Seller represents that he has made full disclosure of all liabilities, In the event there shall be any other liabilities or obligalionsthal Buyer shall be liable for, Buyer shall have Ihe righlto collect said amount, plus rmonable costs and attorney's fees, from Seller, and Seller shall indemnify Duyer for such liabilities and expenses, 4. EMPLOYMENT AGREEMENT: ," t- , "I,' '.. a. . Buyer agree to hire Seller for Iwo years, as salesperson, upon execution of this agreemenl. Payment shall consist ofS 350,00 per week, plus conuiUsstOris 'figured a140% ofthe net profit on sales, Health insurance and reas'onable expenses are to be Included. " . ~: f I.' .. I ; ~' .' . . I .. b, Duyer agrees to' pay Sel1e't'a salary of S 495.00 gross, per week, until balance of S 130,000.00 purchase amount Is paid. Should commissions pluslhe aforementioned S 350.00, exceed the S 495.00, that emount alone shall be pald. IN WITNESS WHEREOF, the parties have hereunto selthelr hands and seals as oflhe date first above written. .. . '., "" WITNESS: SELLER: aAf)" ~ (J.JL~__ Charles E. Wilson f'? 1. iJ. 'i .te~1 ~ I. W~IA-l '" ATIEST: Dy: b'3..ss.mOEO #/0 S'B"1l TO OEFOne lIt TJjOS OAYOl' r'frJl.oJ)!' 1l.fU. (1.1/2 'Y' / J..__ .,0/:'.... ' h '(.(\,]?!.I -: ~II~'_~.:'><: '. , ~ jJ tl NOTAA\ru.,l~~ ';'.,\ l;'>,~~ ..... ';By; ~ "~",'aMl:'4:" '/ .', . ".;.\ ;:, \ Ronald Rose erry ~ [..nol..~o~..,r~'. . ,., i .. LIIOOJM Boro C r\lI'Ilt.C 'I . , J I: '- . UtCOI'IWftnlOn'ElpIr '-DI.'4i,2 . ,~ ...... '':1:: l ~.mD", "'MIY""'nll AU.tJ!)';~~'~I;':':.:':!\.' ~'I'" ::/ ""(}~"':"'III:~~'>'" B';'J(, .)n:~ i \1.,' Gfi2 -....:;' " "- Ir; VI ~ " -" 1-.:': LJ I ~;: .. ::1..., ~- 9 i -CJ ~- C)r'~ ~~; ". r.:):~ ..( r...s, r~ . _T :......~ LJ I":': o'Io/n .., .. ~ u:IU , . ;~~~ r!.: l~ 11)(ij 1'_ CJ '..I.!CJ..., ~,:.: 0 n) ::> 0' U ).... ~;\ -..J-Q:. ~~ "-d ?r ~ .~ ~ ~ .~ rJ~ ~ i I ~ ~ ,~ ~~ t~.; I'~' .',. ~-;' ,- "j ~ ~; Ii " ~{ . NANCY L. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-00767 Civil Ternl CHARLES E. WILSON, Defendant : IN LAW - DIVORCE AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, William L. Grubb, Esquire, being duly sworn ,according to law, depose and say that I am the attorney for Plaintiff, NANCY L. WILSON, and that I did mail a true and correct copy of the PLAINTIFF'S FIRST REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS in the above matter, by certified mail, return receipt requested, to David W. DeLuce, Esquire, attorney for the defendant , on December 10, 1998, to P.O. Box 109, Lemoyne, Pennsylvania. Receipt of the same was acknowledged on December 11, 1998, as shown by the return receipt card attached hereto as Exhibit "Au. ~L~~~ ~~ire Sworn to and Subscribed before me this C; lA, day of J(}J1lJnrr 19ft- . ~ f)JdNv // x1/UL-1? Notary Nolarlal Saal Susan M. GlUbb, Nolary Public lowar Allon Twp.. Cumberland County My Commission E'plros Juno 21, 1999 foo R: oR -CompIel'I1.'ml1 an4'or:l '0( IddItlonaI HMclI. -; 'CompItl.lt.mI 3, .', and 4b, I 'Prinl 'fiJf6 name and Iddrlll on thl rlvtf'H ollhl. loon 10 thai WI can rllurn thl, canllo illu. 'ArI.a, tN. totm 10 the frorI 01 the mallp1Ke, or 00 the back II apace don not II .t;:!R~ R~pI RMlUfNlld" on the malpIece below IhI artlde f'lUfMtr. 'Ii 'The RelLI'Il RICe/pi wlllhow to whom &hi artld. WII deMrad and lhe dltt Ii dollvwod. 'll 3, Mcf. Addr...ed to: Ji UMro W.Dd."c..r- . (;,!,Q., i 301\'''~''''\l>"('(-;.. ..r~..,l~"" ~ LJ.iO.....t' r.O. ~~~ \ dlj LI'.",oy,J~. lb. l7a >(?- 010,/ 6. R.c.lved By: (Print Neme) I also wish to r.c.lv. the following ..rvices lfor en .,w.f..): 1. 0 Addr....... Addr... t 2. 0 R..trIct.d D.llv.ry ~ Consult pastmesl.r lorl... .J!. 4a. Mcf. Numb.r D 7- S-18 37(., (Pu a:J 4b. Sorvlca Typ. CJ R.gl.t.red ~ Cartlfted '" CJ Expro.. Mall CJ Insured 1 Jl R.lum RecoWor Men:I1.",Io. CJ COD ~ 7. Oat oIO.Uv. r, I ~ !I 6. Slgn.tur.: ~ X .!l PSFonn38",Docomb. 9 Domest c Return Receipt ... Exhibit "A" NANCY L. WILSON, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE CHARLES E. WILSON, Defendant No. 95-0767 CIVIL TERM ORDER OF COURT AND NOW, this Z1~J day of January, 1999, upon consideration of Plaintiff's Motion for Sanctions for Failure To Produce Documents, a Rule is hereby issued upon the Defendant to show cause why he should not be required to produce the documents requested by Plaintiff. RULE returnable within 20 days of service. By the Court, WILLIAM L. GRUBB, ESQUIRE 3105 Old Gettysburg Road camp Hill, PA 17011 For the Plaintiff - c.~'t-....", n'~LtL 1/$/7'1. .~.1f' . DAVID W. DeLUCE, ESQUIRE P.O. BOK 109 Lemoyne, PA 17043-0109 For the Defendant () , ) . t,r"' n i .. - ! . :'1 : "I .~ .) '~ I , ". "ll) ., ,-.H ,d '. { ~} I. ) ~ I ;'-1 '.' ~ ,::'1 wcy '-'t_ . :.j -<; NANCY L. WILSON, Pluintifr : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-00767 Civil Ternl CHARLES E. WILSON, Defendant : IN LA W - DIVORCE RULE TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE GRANTED FOR FAILURE TO PRODUCE DOCUMENTS AND NOW, this day of , 1999, upon motion of William L. Grubb, Esquire, attorney for plaintiff-petitioner, and on consideration of the within Motion For Sanctions For Failure To Produce Documents, it is hereby ordered that defendant-respondent show cause why, if any, the prayer of the within motion should not be granted. Rule returnable the day of of the Cumberland County 1999, in Court Room Court House, Carlisle, Pennsylvania. BY THE COURT: J. NANCY L. WILSON, I'laintifi' : IN TI-IE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-00767 Civil Tern! CHARLES E. WILSON, Defcndunt : IN LAW - DIVORCE ORDER OF COMPLIANCE AND SANCTIONS FOR FAILURE TO PRODUCE DOCUMENTS AND NOW, this day of 1999, upon consideration of the motion of plaintiff, Nancy L. Wilson, by her attorney, William L. Grubb, Esquire, and after hearing thereon, in accordance with Rule 4019 of the Pennsylvania Rules of Civil Procedure, the Court finds that defendant has willfully violated the Pennsylvania Rules of Civil Procedure for failure to produce documents as requested in Plaintiff's First Request for Production and Inspection of Documents, which justifies the entry of this Order, and therefore, ORDERS: (1) that the defendant-respondent is hereby directed to produce documents for the abovesaid Plaintiff's First Request for Production and Inspection of Documents within ten (10) days of the Order of this Honorable Court and to produce books and records as well as any other information concerning any personal, partnership or business assets, stock or other holdings, so that the plaintiff-petitioner may review same. BY THE COUR'I': J. includes a Count for Equitable Distribution of the marital assets. 5. In accordance with Rule 4005 of the Pennsylvania Rules of Civil Procedure, plaintiff's attorney served upon defendant, through his attorney, as of course, a Request for Production and Inspection of Documents, seeking the appropriate financial information necessary towards resolution of the above claims, a copy of which is attached hereto and made a part hereof, marked Exhibit "A". 6. Service was made on December 10, 1998, by depositing them in the U.S. Mail, First Class. A Notice of Service was filed with the Prothonotary, a copy of which is attached hereto and made a part hereof, marked Exhibit "B". WHEREFORE, plaintiff moves the Court to enter an order under Rule 4019 of the Pennsylvania Rules of Civil Procedure, since defendant-respondent has failed to respond and produce documents as requested, as follows: (1) directing defendant-respondent to answer the above-served Request for Production and Inspection of Documents within ten (10) days of the order of this Honorable Court and to produce books records as well as any other information concerning any personal, partnership or , ~., ,. . -f ._._._~~,ort""'""1, . . :.a.:~ ~ ,".".."......~t,......,t' ... " "r ..~- ..,........ ' .~.. ~... "I t. ,: ~.' ~,.~..,: .,..~~, .....' " . ,to .' ",' . " '.' business assets, stock or other holdings, so that the plaintiff-petitioner may review same; (2) that the Court enter such sanction order with regard to the failure to answer interrogatories as is just under Rule 4019 (c) (5) of the Pennsylvania Rules of Civil Procedure; Respectfully submitted, Date: ~'79? l L)D~/-M (;,. William L. Grubb Attorney for Plaintiff 3105 Old Gettysburg Road Camp Hill, PA 17011 763-5580 -- NANCY L. WILSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-00767 CIVIL TERM CHARLES E. WILSON, CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS . . To: Charles E. Wilson C/O David W. DeLuce, Esquire P.O. Box 109 Lemoyne, PA 17043-0109 PLEASE TAKE NOTICE that you are hereby, pursuunt to Pennsylvania Rules of Civil Procedure No. 400 I, et ~, to serve upon the undersigned, within thirty (30) days after service of this Notice, your Responses in writing under oath to the Following Document Requests. Dated)::k.... / " . 1998 By: 1 J)O -L-' j~ ):Qt-z, , William L. Grubb, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff G:" >cdi ';"6 n- '1 A 1 INSTRUCTIONS If you object to the production of any documcnt on thc grounds that thc utlorney-client, attorney work-product or any othcr privilege is upplieable thcrcto, you shall, with rcspeet to that document: (u) State its date; (b) Identify its author; (c) Identify each pcrson from whom the document wus received; (d) Identify caeh person who rcceivcd it; (c) Identify each person to whom the document was sent; (I) State the present location ofthe document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thercof to explain the claim of privilcge und to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced orreproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, diagrams, drawings, minutes of meetings, or uny other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or uny other person acting on your behalf, are now in possession, custody, or control. Thc purpose of the inspection is to aid pluintiff in thc preparation of thc trial of this case. The items to bc produced for inspection and photocopying arc the following: I. The application und all other memoranda, documents, balance sheet, financial report, financial inlormation, papers and books in the possession or control of the defcndant or defendant's aeeountunt relating to the Business Line of Credit from CoreStates Bank as refercnced in Answer #2 to Interrogatory #17 of Defendant's Answers to Plaintiffs First Set ofInterrogatories to Defendant. 2. All original and copies of correspondence, notes, memoranda, documents and papers in the possession or control of defendunt or defcndunts accountunt relating to any otTer or otTers to purchase, buy or bulk sale transaction of West Shorc Imaging Systems or any other business interest or entity of the dcfendant. 3. The list of assets identified as Exhibit A to the Agreement of Sale dated October 22, 1998, und recorded in the Office of the Recorder of Deeds in Mise. Book 592, page 661. 4. The list of liabilities identified as Exhibit B to the Agreement of Sale dated October 22, 1998, and recorded in the Offiec of the Rceorder of Deeds in Misc. Book 592, page 661. 5. Schedule C from the 1995 Fcderal Income Tax Return for Charles E. and Nancy L. Wilson. 6. Fcderal Income Tax retun:s, to include all submitted forms and schedulcs, for the tax years 1996 and 1997. 7. All Agreements, Agreement of Salc, Salcs Agrecmcnt, Installment Sales Agreement or other documcntation regarding thc salc, transfer, bulk sale or purchase of the busincss known liS Wcrtz Business Equipment. 8. All expert opinions, reports, summurics or othcr writings in your custody or control or in the custody or control of your attorney, uecountant, financial udvisor, business brokcr or ugcnt which relate to thc vuluation, purehasc, sale or offer for Wcst Shorc Imaging Systems, Wcrtz Business Equipment, or uny othcr business or cntity which is the subject matter of this litigation. 9. All documents which you intend to rely upon or introduce at trial of this litigation. CERTIFICATE OF SERVICE I hereby certify that on this/. 6 -6.day of December, 1998, a true and correct copy of the foregoing PLAINTIFF'S FIRST REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS was served upon the following by dcpositing smne into the US Mail, first class, postage pre-paid to: " David W. DeLuce, Esquirc P.O. Box 109 Lemoync, PA 17043-0109 DatedJ)~. 10 , 1998 , By:_L~.or -:P~l.G, William L. Grubb, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff ~.- NANCY L. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMDERLAND COUNTY, PENNSYLVANIA v. : NO. 95-00767 Civil Term CHARLES E. WILSON, Defendant : IN LAW - DIVORCE AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, William L. Grubb, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff, NANCY L. WILSON, and that I did mail a true and correct copy of the PLAINTIFF'S FIRST REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS in the above matter, by certified mail, return receipt requested, to David W. DeLuce, Esquire, attorney for the defendant , on December 10, 1998, to P.O. Box 109, Lemoyne, Pennsylvania. Receipt of the same was acknowledged on December 11, 1998, as shown by the return receipt card attached hereto as Exhibit "Aff. Sworn to and Subscribed before me this C; Ill> day of JOl7unr/ 19j!L . 'rtfJJdl'rv A ;/jmJ-? otary E" 1-1 ~Dn "~ ~ Notarial Saal Su..n M, Grubb. Notary Publlo Lower Allen 'IWp, Cumberland County My Commission explro. Juno 21,1999 .. ED: -3 .Complet.I~"nl1 anG/or 2 lor IddltlOnalHrvtcel. Ii _Compfet.llemt 3. "', and 4b. I . Prtne your name and Iddrtll on thl fIVI,., of thl, fonn 10 that WI can rllum IhI. wd I. you. -AIladl thll form 10 the front 01 lhe mallp1.ce, or onlNl blick Ulpace do.. not po";'. IJ _Wnlt"RMtim RlCWlpf RIQUNt~.on the rnallplece btIow Ihe article ruOOer, fi -The Return RlCIlpt y.;n show to whom the _rtide WI' d,Uv'rtd end the dall e cS.Ilvered. o ~ D a. ~ 3. ArtIcI. Addr...ed 10: "o,'lJ.-o W.\)tLc..: .(;.!.~. ::rcf\..~..... ,1>.(+;.. ., n",I'\o<~' 'I\. LJ.;.o....'.t' i.G. ~t~ \ 0'; Le.""o~rJ... lb. 17o-l~- CloCI I also WI.h 10 rec.lva 111. following ..rvle.. (for an aXl,. f..): 1. CJ Addr....... Add,... 1: 2. CJ R..trlcted D.llv.ry .ll eon.ull po.tma.l.r lor f.a. ~ 4a, Artlel. Numb., Ii 7- ';;-18 3.7lc f.t.u<C E 4b. S.rvle. Typa i D R.gl.t.red ~ C.rtlfied ';. D Expr.ss Mall D In.ured .Ii )il R.lum Receipt lor Merd1anclsa D COD !l 7.Dal oID.llv. .!! il >- ! 5. R.c.lv.d By: (Print Nam.) ~ 6. Slgnalur.: ~ X .!! Domestic Return Rece pt ... l Exhibit "A'J . "TO G"'/. ;I../. rr ~ (3 \, \ ..... '. - l~.-, ..:1 i -- r- (:J " I '~ C) \ h: ; " " ,. (~} , .. f]' " (' I ~.. ~ j , I '>J ...1 ~ l'.\ , u_ ,- i - i ....... I ,. (n ...-J U C-' f j . i f -- MICHAEL L. BANGS ATIOnN~:\' AT I.AIV :llJ~HOlJ'J'1I1H'J'IIH'J'U1':~:T . CAMP 1111.1.. PA 17lJII PilON I': 717.7:1lJ.7:1I1l FAX 7t7.7:1I).7:17,1 "'11I1111: tllul~"IIII\'(j(lIIh\lI""rin".I'llln Scptcmbcr 10, 1999 E. Robert Elicker, II, Divorec Master 9 North Hanovcr Streel Curlisle, PA 17013 RE: Nancy L. Wilson vs. Charles E. Wilson No. 95-00767 Civil Dear Mr. Elickcr: Enclosed you will find a Pre-Trial Statement together with an Income and Expense Statement that I file on behalf ofthe Defcndant. A true and correct copy of these documents has been provided to opposing counsel as of this date. Very truly yours, ~~~;,,~ ., wsc Enclosures cc: Mr. Charles E. Wilson William L. Grubb, Esquirc NANCY 1.. WILSON, PluintilT : IN TIlE COURT OF COMMON PLEAS OF : CUMBERI.AND COUNTY, PENNSYLVANIA v. : NO. 95-00767 Civil Term CHARLES E. WILSON, , Delendant : IN LA W - DIVORCE AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, William L. Grubb, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff, NANCY L. WILSON, and that I did mail a certified Subpoenll to Attend lInd Testify in the above matter, by certified mail, return receipt requested, to Charles E. Wilson, the defendant, on March 31, 1999, to 506 Beacon Hill Road, New Cumberland, Pennsylvania. Receipt of the same was acknowledged on April 5, 1999, as shown by the return receipt card attached hereto as Exhibit "AH. [ 0,-QLMr~ ' William L. Grubb, 8squire Sworn to and Subscribed before me this rPlh day of Ow"':; 1999. I \ Gllll.l,", A ,tllll~ Notary Notarial Saal Susan M. Grubb, Notary Public Lower Allan Twp., Cumbortand County MV Commission Expires Juno 21,1999 CUA"h:~. lZ. Wd,!,olrJ 5"ou S el\c..w l~1 /l .e~1W N e..J C. u.., e..UIAN" I Pr.. /,cJ70 .1 1025....'.D..17Q Domest 0 Retum Rece pI "'--"-~'-'P_-'*--"-'''-----'-'' Exhibit "A" ('~" ..'J E:.: . ,~ ..:. ..~ ,., '. ::.> 1J!'."1 - o~ ~,)j'--, I: t)~, -1- I' . . ~ l.. D~ L (".,--;:. 'j I.' 'J:) ~.~ (~,! '. _5-_ 11111. I f'4Z fill' I" I: 1.1. 1- __a :5 (Tl u' . NANCY L. WILSON, PlaintifT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95-00767 Civil Tcrm CHARLES E. WILSON, Defcndunt : IN LAW - DIVORCE AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, William L. Grubb, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff, NANCY L. WILSON, and that I did mail a true and correct copy of the PLAINTIFF'S SECOND REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS in the above matter, by certified mail, return receipt requested, to Charles E. Wilson, the defendant, on April 6, 1999, to 506 Beacon Hill Road, New Cumberland, Pennsylvania. Receipt of the same was acknowledged on April 9, 1999, as shown by the return receipt card attached hereto as Exhibit "AN. LJ] ~ I ~Q.e William L. Grubb, Es~re Sworn to and Subscribed before me this I,Jh day of ~ 1999. \ frIJ<'1I1A'1) /1 /hld/; Notary No"",.' So.1 Su,.n M. Grubb, Nolary Public Lowor Allon Twp.. Cumberlond CounlY My Commission E.plro, Juno 21. 1999 ,. " i 'ComIlIoIl~lIndlor2l0"ddl\lonll_, 11 .CompIete h1ml3. 4.. and 40. I .PItnl)'OW' nImI Met add,... on the,........ of thIt torm 10 Ihlt WI can rlhm tN. _to you. . 'MICh lNo Ionnlo1ho ""'" oI1ho~. or.., 1ho _K~ _ nClI I .er'::lR..." RICIIpt _oct'.., 1ho.....pIooo bolow 1ho IlIldIrurbot. ti .Tho R...., Rocolpl wla Ihow '0 """"' Iho 1/1ld1.... dollvllld end 1ho claIl Ii dIllYo<ld. I 3. ArUcle Addresled 10: I.l,;w c....."'&-<t.ll\oVP ,Q.. I also wish to rer.elve the fallowing leMcel (far an em fll): i 1. 0 Addrellee'l Add,e.. 2. 0 R.st~cted D.llvery Consull paslmBller far f... t 48. ArUcle Numblr ! Z tS"1 .J7(P (".., J 4b. SIMce Typl [J R.glst.red ljj\ Cartlned E [J Expre.. Malt [J Insured g 17u'1a lilRal1mRecelplforMen:l1andS8 [J COD II 7. Del. a Delivery ol' APll . 9 19!9 ! B. Addr....e.e Addre.. (On/yll rsqUSlted 11 and I.. Is pIJid) ~ CI-lA~fe~ (;. LJ;I~oN !)OL. B 10"':";,,> !+llt \l.II<> !l ~ .!I 1020....7.e-o". Domest c Return Rece pt Exhibit "A" NANCY L. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN~5YLVANIA NO. 95 - 00767 vs. CIVIL ACTION - LAW CHARLES E. WILSON, Defendant . . IN DIVORCE ORDER AND NOTICE SETTING HEARI!!Q '1'0: Nancy L. Wilson William L. Grubb Charles E. wilson Michael L. Bangs You are directed to , Plaintiff , Counsel for Plaintiff , Defendant , Counsel for Defendant 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 Hanover Street, Carlisle, Pennsylvania on the of at place and time you will be given the opportunity to present witnesses and exhibits in support of your case. North day a.m., at which ~rt. . rg. A:t. President Judge Date of Order and Notice: 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. CUMBEP.LAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 NANCY L. WILSON Plaintiff : IN 'I'HE coun'/' OF COMMON PLES OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL AC1'ION . LAW : IN DIVORCE Please withdraw my uppeal'llnce ns counsel 1'01' Plaintiff, Nancy L. Wilson, in the above captioned matter. Dated: CHARLES E. WILSON, Defendant : NO. 95-00767 CIVIL TERM -, Please enter my appearance as counsel for Plaintiff, NANCY L. WILSON, in tho above eaptioned matter. 1'0 the Prothonotury: Dated: Oce- 1'-t,I't<T<' _l Q ):O~A?~..Q~/ William L. Grubb, Esq. <..' ~!> . 3105 Old Gettysburg Road Camp Hill, PA 17011 To the Prothonotary: > I '.. 10 '.. " , ... ,. ".' I.:,~' .- ". , oJ . i ;:i; ,. !:-J , I::' LJj. '-.:..' .-.! ,- :lli] Li':' 0:..1 :u.. i- C l~ 0) ~:i r.:~) "'\ (.) VS. : IN TI-IE COUR'1' OF COl\lMON PLES OF : CUI\IBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : IN DIVORCE NANCY L. WILSON Plaintiff CHARLES E. WILSON, Defendant : NO. !JG.007G7 CIVIL TERM AND NOW, this ORDER OF COURT RULE TO SHOW CAUSE 7 ~day of July, 2000, a Rule is issued upon the parties in this nction to show cnuse why Sallluel ,",Y. MilItcs, atto1'1ley for the Plaintiff, should not be allowed to withdl'aw liS counsel in this case. This Rule is returnable within fifteen days of the date of this Order. If eithel' party has any objection to this withdmwnl, the party shllll file n written rcsponse with this Court, stating the mnsons for the objection. Service shall be made on the Defendllnt through his counsel and scrviee shnll he mllde on the Plaintiff by first clllSS mnil nt her home IIddress. , -;-..,-\. . ';/,.',1 no .!\!'. - 7 !.::1: III G"' '.' .. , : ,: ".'1)' lJIII....; ." ,-,I .......-..'1' PE' ". ,~,." 'I': . "\ 1'1 ..)fl- i \. '" 7/7/M tJvl(~?t#t< $" a-4- Ak~ 7/' /?'t' /J12~)' It-ta~#Y ~ a?j <3a'~ ". ~ NANCY L. WILSON Plaintiff : IN THE COURT OF COMMON PLgS OF : CUl\IBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE VS. CHARLES E. WILSON, Defendant : NO. 05.007G7 CIVIL TERM MOTION TO WITHDRAW AS PLAIN'l'IFF'S COUNSEL COMES NOW, counsel for the Plaintiff in the above action, Samuel W. MilkeI', Jacobsen & r"lilkes, and requests of this Honorable Court that it allow him to withdraw as counsel, for the reasons stated below: 1. On June G, 2000, the Plaintiff wrote to her attol'\ley, Samuel W. MiIkes, stating that she had signed a settlement agreement with the Defendllnt, thllt she felt disslltisfied with the progress of her case, and stating the following: "It is my decision to release you from an~' further duties or obligations concerning this case." 2. The Defendant is represented by Michael Bangs, Esq. 3. The Plaintiff is II teacher and is competent to make decisions about her best interests. 4. The Divorce Mastel' has beellllppointed in this cllse. A conference with the Divorce Mastel' and counscl was previously held and a hearing is scheduled before the Mastel' for August 7, 2000. 5. Counsel is unaware of the contents of the settlement agreement entered into by the parties. Ii. TIn sed upon the Plnintifl's roquest, and the apparent settlement of this cusu, COllllsuluHlts thutthis HOllol'uhlu COlll'tllllow him ]lul'miHsiollto withdl'lIW fl'olllthis ClIse. 1, ! ~ i I WHEREFORE, 1'01' the IIhove l'eIlSOIlS, Sllmuel W. ~lilltes I'equests of this HOllol'lIhlu COUl't thllt it grllllt him ]lul'mission to withdl'uw liS eoul1sul fol' the , Plnintiff. Res]luetfully suhmitted, .'" BY: Snmuel W. Milltes JACOBSEN & MILKES 52 E. High Stl'eet Cnrlislu, PA 17013 (717) 249.6427 (717) 249.8427 - Fllx Attol'ney No. 30130 Dnle: July 7, 2000 ";,'. .:" ,., 1.1; i'" l~ :'~u . 'j ,~:'"'? :;/ :'11) :Ul.. .> (.1 .'" "- , . , -. J;.! ,...., (;,:'i . . NANCY L. WILSON Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE : NO. 05.00767 CIVIL TERM VII. CHARLES E. WILSON Defendant nRTI'I'TFTn,\'I'p, OF SRTlVlnR I, Dana A. Dunklc, hcreby certify that ntruc and corrcct copy of the Motion to Withdl'llw all Plaintiffs Counsel, in the above captioned matter, wall duly served upon the Plaintiff, Nancy Wilson by depositing it in the U.S. Mail, postage paid, on July 7, 2000, addressed as folJows: Nancy Wilson 404 Spruce Road New Cumberlnnd, PA 17070 I hereby verify that the statements mnde in the foregoing arc true and correct. I understand that false stntementll herein arc lIlade subject to the penalties of 18 Pa.C.S. Section 4004, relnting to unsIVo1'l1 falsification to authorities. Dated; _~)..Ji4.-1, ~ tea () ~~~l'\(\ J\ J\JHI\ Y lQ ma A. Dunkle \ . o- S (~ I - u: .. /. , . .., \ , .~ '.->I~) .1 .' " , ) " ::J ... I ", 't c. , . ~/ , i ,] D.... , j'.-' ~J I .. ,.::,:, C.J NANCY L, WILSON Plllintiff : IN 'l'1-m COUIt'!' OF C01\IMON PLES OF : CUI\IBlmLAND COUN'I'Y, PENNSYLVANIA VS. : CIVIL AC'I'ION . LAW : IN DIVORCE CHARLES Eo WILSON, Defendllnt : NO. !)/i.007Ii7 CIVIL'I'ERM MOTION TO MAKE RULE ABSOLUTE COMES NOW, counsel for the Plllilltiffin the IIhove IIction, SlImuel W, Milkes, Jllcohsen & l\Hlkes, IIl1d requests of this Honol'uble Court thut it muke the Rule issued on July 7, 2000 ubsolute, ullowing couusel fOl' the Plllintiff to withdmw, for the l'eusons stilted below: 1. On July 7, 2000, counsel for the Plllintiff filed II Motion, nsking thot he be grunted permission to withdl'HW from this Cllse, 2. As stilted in the Motion, Pluintiff he felt disslltisfied with the progress of her Cllse, IInd stilted: "It is my decision to l'l!leuse ~'ou from uny further duties or obliglltions concerlling this cllse." 3. The Defendllnt is represented hy Michllel Bnugs, Esq. 4. A Rule WIIS issued on July 7, 2000, I'etul'nllhle in fifteen doys, to show clluse why counsel should not he II1l0wed to withdruw from the case, 5. A copy of the Rule WIIS forwllrded to coullsel for the Defendant, Michael Bungs, Esq., IIlld to the Plllintiff, on July 7, 2000. Ii. Thel'l! hilS been no ohjection mllde to this request. WHEREFORE, 1'0:' the IIhove I'CIISOIlS, SUlllucl W.l\Hlkes I'cquests of this Honol'lIble Court thllt it J.(I'Ullt hilll pel'missioll to wit hdl'IIW us counsel for the Plaintiff IInd thllt the IIttllched Order he entered, Hespectl'ully suhmit ted, /~~ BY: Samuel W. Milkes JACOBSEN & MILKES 52 E, High Street Cnrlisle, PA 17013 (717) 24!).G427 (717) 249.8427 . Fnx Attorney No, 30130 Dnte: July 26, 2000 ., vs. IN 'rBE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA: NO, 95 - 767 CIVIL NANCY L,WILSON, Plaintif f CHARLES E. NILSON, Defendant IN DIVORCE AND Nml, ORDER OF COURT th1, ~ d,y 0 2000, the economic claims r~ised been resolved in accordance with a marriage settlement agreement dated June 6, 2000, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce, BY THE COURT, ~ t er, P.J. ,(\~ O'.t Capi>J'"'''' ~r "'~~:o ~ cc: Samuel W. Milkes Attorney for Plaintiff Michael L. Bangs Attorney for Defendant Fl m. CITICE 0"'1 ........./, ""'()T\lJV . :.. .:.,' i" J: ~, .! 'I '. I,' 00 MIG -9 All B: 43 CU,'.Ii3!:iiJ.;,l) COU,'ITY PENNS\l\'A.'\1A MAIUUAGE SETTLEMENT AGnEEMENT THIS AGREEMENT is made this 0 tII day of ,Ju /oJ! ,2000, by and between Charles E, Wilson, 506 Beacon Hill Road, New Cumberland, Cumberland County, Pennsylvania, hereinafier referred to as "'Iusband", ..AND- NANCY L. WILSON, now of 494 Spruce Street, Fairview Township, York County, Pennsylvania, hereinafier referred to as "Wife", WITNESSETH: WHEREAS, Husband alld Wife were lawfully married on March I, 1975 in Carbon County, Pennsylvania; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from one another, the parties being estranged due to such marital difficulties; and WHEREAS, the parties hereto arc desirous of compromising and sellling fully and finally their respective financial alld property rights and obligations as between each other, including, without limitation by specification: each other, including, without limitations: the sellling of all mallers betweellthem relating to the ownership of real and personal property; and in general, the sellling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inter alia past, present or future spousal support or maintenallee, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have agreed on a selllement of all liabilities and have agreed on a selllement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreemellt to be a full alld complete Marriage Selllement Agreement, providing for the absolute and final setllelllent of all their respective marital and property and all other claims, NOW, THEREFORE, in consideration of the premises alld of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: I, SEPARATION, It shall be lawful for each party, at ulltimes hereinafter. to live separate and apart from the other, at such place or places as he or she may, rromtime to time, choose or deem lit, Each party shall he free from interference, authorit)' or control b)' the other, as full as if he or she were single and unmarried, except us may be necessary to eurr)' out the provisions of this Agreement. Neither purty shall molest the other or attempt to enoeuvor to molest the other, nor compel the other to cohabit with the other, or inuny way harass or malign the other, nor in any way interfere with the peaceful exislenee, sepurllte uno upart from the other. The foregoing provisions shall not he Ull uomission on the pari of either pUrl)' of the lawfulness or ulllawfulness of the causes leading to their sepurlltion, A reconciliation will not void the provisions of this agreement. 2, EFFECTIVE DATE, The effective date of this Agreement shall be the "date or execution", delined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise. the "date of execution" or "execution date" of this Agreement shall be delillcd as the date of execution by the pUrly last executing this Agreement. Transfer of properly, funds an%r documents shall occur on the effective oate unless otherwise specified herein, 3. AGREEMENT NOT A BAR TO DIVORCE. Both parlies hereto agree that the marriage is irretrievably broken ano agree at the time of execution hereof to execute allY and all affiduvits or other documents necessary for the parlies to obtain an absolute divorce pursuant to Section 3301 (d) of the Divorce Code. Each pUrly waives the right to request Courl ordereo counseling, 4, DEBTS AND OBLIGATIONS, Ilusband and Wife hereby mutually agree that each is to retain their own debts ano obligations. Each party hereto represents and warrants that he or she has no, and in the future will not, contract or incur any debt, obligation or liability for which the other parly or his or her estate may be responsible or liable, except as provioed for in this Agreement. Each parly hereto agrees to be solely rcsponsible for the prompt and timely payment of the debts IlUW or hereafter ineurrcd in his or her name und speeilieally uny debts secureo by any automobile, motor vehicle or other property distributed to her or him hereunder. Eaeh parly hereto agrees to indemnil')' and hold hannless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identifies to be paio by him or her in this Agreement. 5. MUTUAL.REALEASES, Husband and Wife hereby mutually remise, release, quitclaim ano forever oischarge the other and the estate of such other. for all time to come, and for all purposes whatsoever, from any and ull rights, title and interest, or claims in or against the estate of such other, or whatever nature and wherever situate, which he or she not has or utllny time hereafter may have against such other, the estate of sueh other or an)' part thereof; or the right to take ugainstthe spouse's will; or all other rights 10 Ofll surviving spouse to participate in a deceased spouse's estate. It is the intenlion or Ilushand ano Wife to give to euch other by the exeeulion of this l\greell1enl a lilli, cumplele and genernl relellse with respect to 11I1)' lInd ull property of lIny kind or naturc, real, personal or mixed, which the other now owns or mu)' hcreufter acquire, except, and only except, ull rights and agrecments and obligutions of whatsoevcr nature arising or which may urise under this Agreement or for the breach of any provision thereof. It is further agreed by each party thut this Agreement constitutes a full and final resolution and selllement of all claims of an)' kind, and especially claims arising ullder the Pennsylvania Divorce Code, which either purty may have against the other, 6, DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto agree that they have effected a mutually satisfactory division of the furniture, household furnishings, appliances and other personal property and motor vehicles between them and neither part)' will make any claim to any personal property now in thc possession or control of the other except here ill provided, Husband hereby releases and relinquishes any right, title or interest he may have had in the past or 1l0W has in Wife's possession, Wife agrees that Husband shall, from and alter the date hereof, be the sole and separate owner of all persollal property in Husband's possession, Wife hereby releases and relinquishes any right, title or interest she may have had in the past or now has in Husband's possession. Husband agrees that Wife shall, from and afier the date hereof, be the sole alld separate owner of all personal property in Wife's possession. 7. WEST SHORE IMAGING SYSTEMS, Husband shall retain any and all right. title and interest in and to any of the proceeds ofa certain Agreement of Sale involving West Shore Imaging Systems. Wife hereby waives any interest in and to West Shore Imaging Systems. It is the intelltion of this provision that all interest in West Shore Imaging Systems be and remain with Husband, Husband shall assume all debt, obligation, line of credit or liability for or in connection with the business entity kllown as West Shore Imaging Systems, and shall indemnify and hold Wife harmless from the aforementioned debts, obligatiolls, lines of credit and liabilities, Husband shall assume liability for and release and hold harmless Wife from specifically, but not limited to, the following debts, obligations and lines of credit: Personal Loall to Gregory Smith, Busilless Loan from CoreStates Bank, selllement of purchase of Wertz Business Equipment, all credit card use for business purposes, and satisfaction of allY debt to West Shore Office Machines, 8. PENSIONS AND RETIREMENT ACCOUNTS. The parties hereto waive any and all interest or claims which either may have in any individual retirement accounts, 401 (k) accounts, 403 (b) accounts, Keogh accounts, existillg pensions or similar accounts of the other, including allY retirement type accounts of Wife arising from her employment with the West Shore School District, and any retirement type accounts of Husband, 9, ALIMONY, Each party waivcs, releases and gives up any claim, now or in the future, for any spousal support, alimony, alimony pel/deme lite, or maintenance from the other. 10, I3ANK ACCOUNTS, IIUSBAND and WIFE each lIeknmvledge that they elleh own or possess eertllin bank aecoullts and similar accounts of financial instrumcnts in their respective names, They hereby agree that each shall become sole owner of their respective accounts for financial instruments and elleh hereby waives any intercst in or claim to any funds, instruments or accounts held by the other in such instruments or accounts. II. MOTOR VEHICLES, With respect to motor vehicles owned by HUSBAND and WIFE, both of the parties agree that the vehicles currently ill the possession of either party shall remain the property of that party. Each party shall be solely responsible for and debt secured by any vehicle listed as his or her property, Each party shall be solely responsible for any insurance and any other costs, including license, for each motor vehicle in the possession of the respective party, 12. REAL PROPERTY, The parties arc owners ofcertaill real property known and identified as 494 Spruce Road, Fairview Township, York County, Pennsylvania; Lots 10 and lOA on Ridge Road, Fairview Township, York County, Penllsylvania; and 506 Beacon Hill Road, New Cumberland, Cumberland County, Pennsylvania, Husband covenants and agrees to convey to Wife, as her sole and separate property, the real estate known as 494 Spruce Road, illcluding adjoining lot, and Wife covenants and agrees to transfer to Husband the real estate presently owned by the parties and knmm as 506 Beacon Hill Road subject to all liens, encumbrances, casements and restrictions presently existing thereon, The parties represent that they have, as of the date of this Agreement, executed, acknowledged, and delivered to their respective attomeys, deeds to said real estate conveying the same as above described and agree that the said deeds shall be held in escrow by their respective attorneys pending the completion of the divorce action filed in'this case. Upon completion of the said divorce action, the parties' respective attorneys shall, without further direction or authorizntioll from the parties, deliver the said deed unto each other's attorney, The real property loenled on Ridge Road, Fairview Township, York County, Penllsylvania, sometimes referred to liS Lot 10 and Lot lOA, shall be sold and the proceeds shall be split evenly between the two parties, In consideration for the transfer of the real estate as herein described, both parties shall take the steps necessary to refinance the existing debts against the real estate so as to remove the other party from any and all liability for said debt. The parties agree that they shall take the steps to refinance the properties within ninety (90) days of the date of the transfer of the real estate as herein described, Pending said refinance of the debts, the parties hereby covenant and agree to assume and pay in full the remaining balance of allY mortgages or other loans now existing and presently constituting liens upon and encumbering the said properties, lInd that they will indemnify and save each other hannless from and all liability, expense, cost or loss whatsoever as a result of their non- payment of or non-performance of said mortgage or other loan conditions. 13. COUNSEL FEES, Each party individually covenants and agrees that he or she will individually assume thc full and sole responsibility for all other legal expenses for his or her attorney, if any, and Court costs in conneetioll with the pending divorce action and shall make no claim against the other for such costs, 14, ADDITIONAL INSTRUMENTS, Each oflhe parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments, deeds, titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 15, AFTER ACQUIRED PROPERTY. Each party shall hereafter independently own all property, real, personal or mixed, tangible or intangible, of any kind, acquired b)' him or her, with full power to dispose of the same in all respects and for all purposed, as though he or she were unmarried, 16. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER, The parties hereby agree and express their interest that allY transfer of property under this Agreemellt shall be within the scope and application of the Deficit Reduction Act of 1984, hereinafier referred to as "the Act," and specifically the provisions of the Act pertaining to property transfers between spouses and former spouses. The parties agree to sign and file any elections or other documents required by the Internal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act, 17, MODI FICA nON AND WAIVER, A modification or waiver of any ofthe provisions of the Agreement shall be effective only if made in writing alld executed with the same formality as this Agreement. The failure of either party to insist upollthe strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 18. ENTIRE AGREEMENT, This agreement contains the entire understanding of the parties, and there arc no representatiolls, warrallties, covenants or undertakings other than those expressly set forth herein, 19, DESCRIPTIVE HEADINGS, The descriptive headings used herein arc for convenience only, They shall have no effect whatsoever in determining the rights or obligations of the parties, 20. INDEPENDENT SEPARATE COVENANTS, It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 21. BREACH, Ifeither party breaches any provision of this agreement, the other party shall have the right, at his or her election, to suc for damages for such breach, to temlinate any further payments required to the other hercunder or seck such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or belief as may be available to him or her, 22. APPLICABLE LA W. This agreement shall be COilS trued under the laws of the Commonwealth of Pennsylvania, 23. VOID CLAUSES. Ifany term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provisioll shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid alld continue in full force, effect and operatioll, IN WITNESS WHEREOF, the pnrlies have hereunto set their hands and seals the day and year first above wrillen. WITNESS: WIFE: ~ ~ ~nJ;t~ Z1c~~Jht~ HUSBAND: fi&h~ ~ !Iru?'~ Cil./lA a 4-c!! w~ -- N01AMI Seal Ellen O. HilfnllloF'l. NOIMY PublIC lornuyllll 00'0, CUmber1and Calmly MyC:omfllluiOf\ F.rOlles ^n' 14, ?OO2 McmbOl, Pennsylvania AS5OClahOll 01 Notarres