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HomeMy WebLinkAbout95-01889?a oc? N 7 ?a E 0° I Ln CT 0 LAW OFFICES SAIDIS, GUIDO, SNUFF & MASLAND 26 w. 111011 STREET CARLISLE, PENNA. 17017 PHONE (117) 247-6222 CERTIFIED COPY; r v DEBRA E. RALPH, Plaintiff V. DAVID E. RALPH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Y' i ,i`i (;o-, e r'c..., PROTECTION FROM ABUSE ORDER 7t. AND NOW, this /3? day of April, 1995, upon consideration of the within Petition, a hearing shall be held on Petitioner's SAUDIS, GUIDO, SHUFF & MASLAND 26 W. High Stmel Cwh1e, PA request for a Protective order under the Protection from Abuse !k- Act on the day of t , 1995, at '3'w o'clock in Courtroom Number -3 , Cumberland County Courthouse, Carlisle, Pennsylvania. Cumberland County Sheriff's Department shall serve this Order. BY THE COURT. r^ t? R? c.. F ?D S DEBRA E. RALPH, Plaintiff v. DAVID E. RALPH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO V PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER UNDER THE PROTECTION FROM ABUSE ACT 23 PA. C.S.A 6106. ET SEO. The Petition of Debra E. Ralph, respectfully represents as follows: (1) Petitioner is Debra E. Ralph, an adult individual whose permanent address is 2314 Bumble Bee Hollow Road, Upper Allen Township, Cumberland County, Pennsylvania. (2) Respondent is David E. Ralph, an adult individual whose permanent address is 2314 Bumble Bee Hollow Road, Upper Allen Township, Cumberland County, Pennsylvania. (3) Petitioner and Respondent were married on November 4, 1989. Petitioner filed an action in divorce simultaneously herewith in the Court of Common Pleas of Cumberland County. (4) Petitioners daughter, Danielle B. Long-Ralph (11 years) and Husbands son, Derek Ralph (15 years) reside at 2314 Bumble Bee Hollow Road. (5) Since early 1994, the Respondent has placed the SAIDIS,GUIDO, Petitioner in fear of imminent serious bodily injury and has SNUFF & MASLAND caused bodily injury to Petitioner. This inclu des, but is not 16CAli ePtmt Cull?le. PA limited to the following specific instances of abuse: (a) On March 10, 1995 Husband had a physical confrontation with his son. (b) On March 21, 1995 while the Wife was on the telephone with her brother-in-law, Ray Ness, Wife cautioned Husband concerning the discipline of Wife's daughter, Danielle. Wife further requested Husband to get out of the room. Husband grabbed Wife's hand and threw it down. Wife's daughter Danielle yelled "don't hit my mother". Husband thereafter slapped Wife again and grabbed daughter. Husband, Wife and daughter were involved in a wrestling match. In the course of the wrestling match Husband pulled off Wife's pajama bottoms. This occurred in the presence of Wife's 15 year old step-son. It took the 15 year old step-son to break up the parties' wrestling match. (c) On March 291 1995, Wife was waiting for her daughter at the Upper Allen Township Shopping Center to pick her up from the Christian School of York bus. Husband approached Wife concerning transfer of their vehicle titles. Husband cursed at Wife by yelling at the top of his lungs in the Upper Allen Township Shopping Center parking lot, threatening her and telling her she should get herself a good lawyer because he was going to take her for everything she had. (d) Husband suffers from chronic pain and takes the drug amitriptyline. Possible side effects of the drug are irritability, apprehension, depression, excitement and confusion. Wife is concerned for her physical safety due to Husband's mood SAIDIS, GUIDO. SHUFF& swings and loss of temper, possibly by reason of the drug. MASLAND (6) The Petitioner desires that the Respondent be enjoined 26 W. High Sir"i CmIIJe, {'A from harassing the Petitioner and her daughter. (7) The Petitioner desires that the Respondent be Irestrained from entering the Respondent's place of business where he was formerly employed. (8) The Petitioner desires that the Respondent be enjoined from damaging or destroying any property owned jointly or individually by the Petitioner including furnishings of the residence at 2314 Bumble Bee Hollow Road. (9) Petitioner desires that Your Honorable Court grant possession to the Petitioner of the residence to the exclusion of the Respondent by evicting the Respondent from the marital residence which is pre-marital property and owned solely by the Petitioner. WHEREFORE, pursuant to the provisions of the Protection From Abuse Act of December 19, 1990, 23 Pa. C.S.A. Section 6101 et sea., Petitioner prays This Honorable Court to grant the following relief: A. Schedule a hearing in accordance with the provisions of the Protection From Abuse Act, and after such hearing, enter an Order providing for the following: 1. Requiring the Respondent to refrain from abusing or threatening to abuse the Petitioner and her daughter; and 2. Requiring that the Respondent move away and stay away from the marital residence located at 2314 Bumble Bee Hollow Road, Upper Allen Township, Cumberland County, SAIDIS, GUIDO, SNUFF & h1ASLAND 26 W, High Street Carlisle, PA Pennsylvania; and 3. Requiring Respondent to have no contact with Petitioner except through counsel. 4. Entering an order after hearing to be in effect for a period of one year. 5. Petitioner further asks that this Petition be filed and served with the Upper Allen Township Police Department. 6. Petitioner prays further for such other relief as may be just and proper. Respectfully submitted, SAIDIS, GUIDO, SHUFF & MASLAND L Robert C. Saidis, Esq. Attorney for Petitioner 26 W. High St. Carlisle, PA 17013 SAIDIS, GUIDO, SNUFF & MASLAND 16 W. 111yh Street Cullele. PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND :6S I verify that the statements wade in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.B. Section 4904, relating to unsworn falsification to Suthorities. DINED: a FIN c? DEBRA E. RALPH, Plaintiff v. DAVID E. RALPH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1889 CIVIL TERM CIVIL ACTION - DIVORCE ORDER AND NOW, this 17th day of April, 1995, upon agreement of the parties, as expressed in open Court, it is ordered and directed as follows: (1) Defendant, David E. Ralph, will remove himself, his son and his possessions from the marital residence known as 2314 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania on or before May 1, 1995. Defendant further agrees not to remove any jointly held personal property without the agreement of the Plaintiff, Debra E. Ralph. (2) Plaintiff, Debra E. Ralph, is hereby awarded exclusive possession of the marital residence, 2314 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania until further order of this Court. (3) The Plaintiff's, Debra E. Ralph, petition for a protective Order pursuant to the Protection From Abuse Act is hereby withdrawn without prejudice. BY THE OURT, 2Hof er, J r Z ? ?1'? o'? .'?. _ p p c.- ? - '? C`') ?? ? r -?s C? fin, -r R Q y jSW O ' ? VO gg ? ? Z ^No J ?70xtC t1l 44 4.) 44 °?? ? Va3rOx a b 44 FBI ?i o a CO) 0 DEBRA E. RALPH, Plaintiff V. DAVID E. RALPH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-620 rRobert C. Saidis, Esq. Attorney for Plaintiff DEBRA E. RALPH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. DAVID E. RALPH, Defendant CIVIL ACTION - DIVORCE COMPLAINT COUNT I DIVORCE SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Debra E. Ralph, who currently resides at 2314 Bumblebee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is David E. Ralph, who currently resides at 2314 Bumblebee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 4, 1989 in Dillsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of SAIDIS,GUIDO, marriage counseling and the Plaintiff may have the right to L & MASAS4A ND request that the Court require the parties to participate in zew.Wilt le Street Carlisle, , PA u counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. COUNT II DIVORCE - INDIGNITIES 8. The allegations in paragraphs one through seven, inclusive, are made a part hereof and incorporated herein by reference. 9. The Plaintiff alleges that in violaaion of his marriage vows, the Defendant has over a period, in Cumberland County, and other places offered such indignities to the person of the Plaintiff as to render her condition intolerable and life burdensome. 10. This action in divorce is not collusive. 11. Neither party to this action is a member of the armed forces of the United States of America. WHEREFORE, Plaintiff prays Your Honorable Court to enter a decree of divorce. COUNT III EQUITABLE DISTRIBUTION 12. The allegations in Paragraphs one through eleven, inclusive, are made a part hereof and incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both SAIDIS, GUIDO, SNUFF & MASLAND 26 W. Iligh Stmel CA lsle. I'A real and personal, during their marriage. WHEREFORE, Plaintiff requests this Honorable Court to determine marital property and to order an equitable distribution thereof. COUNT IV EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 14. The allegations in Paragraphs one through thirteen inclusive, are made a part hereof and incorporated herein by reference. 15. The marital residence of the parties is located at 2314 Bumblebee Hollow, Upper Allen Township, Cumberland County, Pennsylvania. 16. It is appropriate that the Plaintiff be permitted to have exclusive possession of the marital residence. WHEREFORE, Plaintiff prays this Honorable Court to award her use and exclusive possession of the marital residence for such a period of time as the Court deems reasonable. Reapectfylly submitted, Robert C. Saidis, Esq. Attorney for Plaintiff SAIDIS, GUIDO, SHUFF & MASLAND 16 W. Isiah Stma Cmlisla PA COMMONWEALTH OF PENNBYLVANIAt COUNTY OF CUMBERLAND ISS I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of le Pa. C.S. Section 4901, relating to unsworn falsification to duthorities. t?? DATED LAW OFFICES SAIDIS, GUIDO, SHUFF & MASLAND 26 W. HIGH STREET CARLISLE, PENNA. 17013 .? P![ONE(717) 247.6222 CERTIFIED COPY; r ,w 1 DEBRA E. RALPH, : IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. No. DAVID E. RALPH, Respondent CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, this -' day of, 1995, in consideration of the attached Petition, it is hereby ordered and directed that a hearing thereon be held for Respondent to Show Cause why Petitioner should not be awarded possession of the marital residence pursuant to 23 Pa. C.S.A. Section 3502(c). ? 7 ?,1I,"' Hearing to be held on the T+- / day of ?Y'? , 1995 in Courtroom Number 3 Cumberland County Courthouse. SAIDIS, GUIDO, SHUFF & MASLAND 26 W. nigh Slrce, Cullile, PA r? :v 1 DEBRA E. RALPH, Petitioner v. DAVID E. RALPH, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - DIVORCE PETITION FOR EXCLUSIVE POSSESSION 1. Petitioner is Plaintiff in the above-captioned divorce action hereinafter "Wife". 2. Respondent is Defendant in the above-captioned divorce action hereinafter "Husband". 3. Wife filed an Action for Divorce requesting exclusive possession of the marital residence as authorized by 23 Pa. C.S.A. Section 3502(c). 4. Husband and Wife live in the residence along with wife's daughter by a prior marriage, Danielle E. Long-Ralph, who is 11 years old, and Husband's son by a prior marriage, Derek Ralph, who is 15 years old. 5. Husband and Wife have been living separate and apart in the marital residence since March 12, 1995. 6. Husband has been verbally and physically abusive toward Wife and her daughter, Danielle. 7. On March 21, 1995 when daughter, Danielle attempted to SAIDIS, GUIDO, SIIUFF & MASLAND 26 W. 111sh Simi Cmllde, PA stop father from slapping Wife, Husband, Wife and Danielle became involved in a wrestling match and had to be separated by Derek. 8. On March 29, 1995, Husband shouted obscenities and pounded on the window of Wife's vehicle in the Upper Allen Township Shopping Center without provocation. 9. Husband suffers from chronic paid and is taking medication which Wife believes cause mood swings and a propensity for violence. 10. The real estate at 2314 Bumblebee Hollow Road, Upper Allen Township, Cumberland County, Pennsylvania is owned by Wife alone have been acquired by deed dated June 9, 1988 as recorded in Deed Book 33 J, Page 1055. The real estate was acquired by Wife prior to the marriage and has remained title in her name during the course of the parties' marriage, 11. The parties entered into an Antenuptial Agreement dated October 12, 1984, a copy of which is attached hereto, made a part hereof and marked Exhibit "A". 12. Paragraph 3 of said Agreement provides in part as follows: If the parties should decide to divorce or separate for any reason: B. The marital home shall be apportioned ,between the parties so that DEBRA shall retain the value of that home at the time of the marriage and the parties shall divide equally any appreciation thereafter until separation. Actual ownership of the home shall be transferred to DEBRA at the time DAVID is paid for his interest therein. 13. At the conclusion of the divorce the residential real estate shall be awarded to Wife. SAIDIS, GUIDO, SIIUFF & 14. It is in the best interests of Wife's daughter if MASI.AND 16 W. Iligh Street Husband is removed from the marital residence as he is abusive to Carlisle. PA Wife's daughter. 15. It is in the best interests of the child's well being and Wife's safety that exclusive possession be awarded to Wife's daughter. WHEREFORE, Petitioner prays your Honorable Court to enter an order awarding exclusive possession of the marital real estate to Wife pending further Order of this Court, RESPECTFULLY SUBMITTED, i.A- Robert C. Saidis, Esquire Saidis, Guido, Shuff & Masland Attorneys for Petitioner SAIDIS, GUIDO, SHUFF & MASLAND 26 W. IIigh Stmal Cmlisle, PA COMMONWEALTH OF PENNSYLVANIAt COUNTY OF CUMBERLAND ISS I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsWorn falsification to duthorities. DATEDt --?)? \ R 1 1 0907,94 11148 a C P.01 THIS AGREEMENT is made this t 2. day of o c-,F-ur1e-CC, 1909, between DEBRA ECKBTINE LONG, hereinafter called "DEBRA"t and DAVID E. RALPH, hereinafter called "DAVID", in contemplation and consideration of their forthcoming marriage. W I T N L 6 6 K T No WHEREAS, the parties intend to be marrieds and WHEREAS, the parties to this Agreement intend and desire to define that property which each party brings to the marriage, to the and that such property will be designated and set apart as the sole and separate property of the respective partiost and WHEREAS, both parties to this Agreement have made to each other a full and complete disclosure of the nature, extent and value of all their property, estate and expectancy, and WHEREAS, the parties to this Agreement desire that neither of them shall be responsible for the debts of the other, which might have accumulated prior to the time of the sianina of this Agreement, nor for any debts contracted hereafter unless both parties have agreed to assume the same. NOW, THEREFORE, the parties do hereby mutually agree and stipulate as follows, 1) DEBRA owns as her sole and separate property various corporations which operate businesses under many fictitious names, as follownt 09,07/94 11t49 S C Debbie Enterprises, Ltd. Debbie corporation fictitious name: YOUR HAIR CONNECTION YOUR MANE CUT DELONGE STUDIO KIDZ MANE CUT Dania's Floral corporation fictitious name: YOUR FLORAL CONNECTION Dania Mane Corporation fictitious nomat DERIELLE DESIGN WORKS ACADAMY, INC. Debialle Corporation Morningstar Corporation P.02 DEBRA also owns a acres of real estate and a home situate in Upper Allen Township, Cumberland county, known and numbered as 2314 Bumblebee Hollow Road, Mechanicsburg, real estate situate at 11-17 Railroad Avenue, Mechanicsburg, and a personal savings account with Harris savings. 2) It is agreed that neither party shall be responsible for any prior debts accumulated by the other before the date of this Agreement. 3) If the portion should decide to aivut•uu or separate for any reason: A. All of the corporations and their subsidiary and associated businesses which are at that time owned solely by DEBRA shall be and remain her separate property. 2 VJ'Y? J1 II?JY y 1 B. The marital home shall be apportioned between the parties so that DEBRA shall retain the value of that home at the time of the marriage and the parties shall divide equally any appreciation thereafter until separation. Actual ownership of the home shall be transferrd to DEBRA at the time DAVID is paid for his interest therein. C. If DAVID is the owner of any share of stock in any of the above-mentioned companies, DEBRA and DAVID will own whatever portion of the stock is owned by each at the date of separation. 3) Both parties to this Agreement covenant and agree that they shall willingly, at the request of the other party, or his or her successors or assigns, execute, deliver and properly acknowledge whatever additional instruments may be required to carry out the intention of this Agreement and shall execute, deliver and properly acknowledge any deeds or other documents in order to effectuate this Agreement. 6) This Agreement is entered into in consideration of marriage and its effectiveness is expressly conditioned on such marriages if, for any reason, the marriage doom not take place, the Agreement will be of no force or effect. 3 l\V 1 j T h 'a r y SHERIFF'S RETURN CASE NO: 1995-01869 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RALPH DEBRA E VS. RALPH DAVID E ROBERT L. PINK SR Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, that he nerved the within COMP.-DIVORCE/PFA upon RALPH DAVID E the defendant, at 1540:00 HOURS, on the 13th day of April , 1995 at 2314 BUMBLEBEE HOLLOW ROAD MECHANICSBURG PA 17055 CUMBERLAND , County, Pennsylvania, by handing to _ DAVID RALPH a true and attested copy of the COMP.-DIVORCE/PFA and at the same time directing His attention to the contents thereof. Sheriff's Costs: So anvStrSd Docketing 18.00 Service 6.7n i Affidavit .00 Surcharge 2.00 Thomas Kline, Sheriff t7;-77-ROBERT SAIDIS 04/17/1995 by Deputy erilf Sworn and subscribed to before me this .2'1& day of Qw'6 19_!A. D. r o h`o n ? t aTr y7--?---- DEBRA E. RALPH . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. No. 95-1889 Civil Term DAVID E. RALPH : CIVIL ACTION - DIVORCE Defendant IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on August 26, 2006 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. Date: November 20, 2008 DEBRA E. RALPH, Plaintiff ,-?, :_? p.? ? _^., r,,. ..,?_ ?? d `.'-r; •-,_. ??: ? _ ?"v -Lt Praecipe to Enter Appearance Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH V. DAVID E. RALPH To the Prothonotary: PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Plaintiff, Debra E. Ralph. Papers may be served at the address set forth below: Diane G. Radcliff 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Date: Z 0 D CLIFF, ESQUIRE Plaintiff No. 95-1889 Civil Term CIVIL ACTION - DIVORCE Defendant z: 3 DEBRA E. RALPH : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 95-1889 CIVIL TERM DAVID E. RALPH CIVIL ACTION - DIVORCE Defendant AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on November 28, 2008, 1 served a true and correct copy of the Plaintiff's 3301d Affidavit upon David E. Ralph, the Defendant, by Certified Mail, Restricted Delivery, addressed as follows: David E. Ralph 121-A S. Chestnut Street Mechanicsburg, PA 17055 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. ,)kDCLIFF, ESQUIRE DIA1*!C-G P 344 --Trifidle Road Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Plaintiff Sworn to and subscribed before me a Notary Public in and for Cumberland County, Pennsylvania this All? day ofA,(.ll'G?7 , 20 4 . NOTARY PUBLIC My commission expires: COMMONWEALTH OF PENNSYL NIA Notarial Seal Deborah L. Donley, Notary Public Camp Hill Boro, cumberiand county my Commission E)Ore5 Sept 23, 2011 Member, Pennsylvania Association of Notaries complete 6onpiete'4ems 1, 2..and 3. AISo item 4 if Restricted Delivery'rs desirdd. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Atta is card to the back of the mailpiece, or oniiiiiiiiiii? front if space permits. 1. ArtidlAWressed to: /'7aSS A. X ? Agent B. Received by (P ' C. Date of Delivery a i D. Is deliv address different from ' 1? ? Yes If Y ,enter delintd below: ? No 2 a b/(% 3. ice Type / ertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 2. Article Number (Trans/er from 7005 3110 0004 2994 4528 ser PS Form 3811, February 2004 Domestic Return Receipt 102596-02-M-1540 EXHIBIT "Aef RETURN RECEIPT CARD MARIA P. COGNETTI & ASSOCIATES MARGARET M. SIMOK, ESQUIRE Attorney I.D. No. 89633 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff DEBRA E. RALPH, Plaintiff, V. DAVID E. RALPH, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1889 Civil Term CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER $ 3301(d) OF THE DIVORCE CODE 1. Check either (a), (b), or (c): _ (a) I do not oppose the entry of a divorce decree. X (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): X (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. _ (ii) The marriage is not irretrievably broken. (c) I oppose the entry of a divorce decree on a bifurcated basis but do not oppose the entry of a divorce decree once the economic issues have been settled or determined. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. A ./ tiQ Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff Ccomcast.net Attorney for Plaintiff DEBRA E. RALPH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-1889 CIVIL TERM DAVID E. RALPH CIVIL ACTION - DIVORCE Defendant PETITION FOR SPECIAL RELIEF/INJUNCTION AND NOW, comes the Petitioner, Debra E. Ralph, by her attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition, and represents that: 1. This is a divorce case filed by Plaintiff, Debra E. Ralph. 2. This Petition involves a request for an Order for: (a) An injunction to prohibit the removal, transfer, conveyance, disposition, alienation or encumbering of marital property; (b) Exclusive Possession of the Marital Home 3. The following attorneys have entered their appearances in this case: (a) Diane G. Radcliff, Esquire for Plaintiff; (b) Kelly A. Sparvieri, Esquire for Defendant. 4. A copy of this Petition was provided to Kelly A. Sparvieri, Esquire on June 10, 2009, who was asked to consent to the relief requested in this Petition and no such consent was obtained 5. The following are the judges previously assigned to this case: - 1 - r t (a) The Honorable George E. Hoffer, who entered an Order for Exclusive possession the parties prior marital residence located at 2314 Bumblebee Hollow Road, Mechanicsburg, PA, and who entered an Order in the companion PFA case docketed to No. 95-1885 (b) The Honorable Edgar B. Bayley, who entered a custody Order in the Cumberland County custody case docketed to No. 2008-3909 6. Your Petitioner is Debra E. Ralph, (hereinafter referred to as "Wife"), and is the Plaintiff in the above captioned divorce action. 7. Your Respondent is David E. Ralph (hereinafter referred to as "Husband"), and is the Defendant in the above captioned divorce action. 8. The within action was commenced by the filing of a Divorce Complaint on April 13, 1995, which complaint was served upon Husband by the Sheriff on April 13, 1995 as appears on the Return of Service filed of record in this case. 9. In that Divorce Complaint, the following claims were raised: a. No Fault Irretrievable Breakdown and indignities; b. Equitable Distribution of Marital Property and Debts; C. Exclusive Possession of Marital Residence. 10. The parties are husband and wife. They were married on November 4, 1989. 11. The parties separated in house on or about August 26, 2006, and physically on or about June 2008. 12. During the course of their marriage the parties acquired certain marital assets including, but not limited to the following: A. the real estate situate at 555 Harvest Lane, Mechanicsburg, PA 17055, hereto for used as the parties' marital residence and now the residence of the Wife. B. various and sundry household goods and furnishings and other personal property situate at 555 Harvest Lane, Mechanicsburg, PA . -2- C. various and sundry household goods and furnishings and other personal property situate at 121 South Chestnut Street, Mechanicsburg, PA 17055, Husband's residence. 13. Since the parties' separation Husband has entered the prior marital residence located at 5554 Harvest Lane, Wife's residence, and removed various items of personal property. 14. Recently Husband has advised Wife of his intent to sell the 1979 Datsun vehicle titled in his sole name. 15. Wife believes and fears that Husband will sell the said vehicle and continue to remove items from the former marital home unless and injunction is entered. 16. Husband has not lived in the marital home since June 2008, a period of at least one year. 17. Despite the fact that Husband has not lived in the marital residence located at 555 Harvest Lane, Mechanicsburg, PA for a year, he continues to enter upon the property thereby disrupting the life and privacy of Wife. 18. Wife pays all of the expenses for the prior marital residence located at 555 Harvest Lane, Mechanicsburg, PA without contribution from Husband. 19. For Wife's mental health and privacy, Wife requires exclusive possession of the prior marital residence located at 555 Harvest Lane, Mechanicsburg, PA . WHEREFORE, based on the foregoing, Wife respectfully requests this Honorable Court to enter an Order containing the following terms: 1. Enjoining and prohibiting the parties from the removing, transferring, conveyancing, disposing, alienating or encumbering of any of the household goods and furnishings and other tangible personal property located at 555 Harvest Lane, Mechanicsburg, PA. without the specific written consent of the parties. 2. Granting Wife exclusive possession of the marital home situate at 555 Harvest Lane, Mechanicsburg, PA . - 3 - 3. For such other and further relief as the Court may deem appropriate. Respectfully submitted, DIANE G. DCLIFF, ESQUIRE ndle Road 7 Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Petitioner, Debra E. Ralph -4- VERIFICATION Debra E. Ralph verifies that the statements made in this Petition are true and correct. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. -'a Debra . Ralph Date: -6- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Kelly A. Sparvieri, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (Counsel for Defendant) -6- Camp Hill, PA 17011 Counsel for Plaintiff, Debra E. Ralph Dated: -7 k29 L'ru? I? t / Ail 4' < L1 ?- E t f Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff DEBRA E. RALPH : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 95-1889 CIVIL TERM DAVID E. RALPH CIVIL ACTION - DIVORCE Defendant PLAINTIFF'S MOTION FOR DECLARATORY JUDGMENT AND NOW, comes the Petitioner, Debra E. Ralph, by her attorney, Diane G. Radcliff, Esquire, and files the above referenced Motion and avers that: 1. This is a divorce case filed by Plaintiff, Debra E. Ralph. 2. This Motion for Declaratory Judgment involves a request for an Order determining the parties' date of separation for purposes of identifying and valuing the parties' marital assets. 3. The following attorneys have entered their appearances in this case: (a) Diane G. Radcliff, Esquire for Plaintiff; (b) Kelly A. Sparvieri, Esquire for Defendant . 4. A copy of this Motion was provided to Kelly A. Sparvieri, Esquire on June 10, 2009, who was asked to consent to the relief requested in this Petition and no such consent was obtained. 5. The following are the judges previously assigned to this case: (a) The Honorable George E. Hoffer, who entered an Order for Exclusive possession the parties prior marital residence located at 2314 Bumblebee -2- i Hollow Road, Mechanicsburg, PA, and who entered an Order in the companion PFA case docketed to No. 95-1885 (b) The Honorable Edgar B.Bayley, who entered a custody Order in the Cumberland County custody case docketed to No. 2008-3909 6. Your Moveant is Debra E. Ralph, (hereinafter referred to as "Wife"), and is the Plaintiff in the above captioned divorce action. 7. Your Respondent is David E. Ralph (hereinafter referred to as "Husband"), and is the Defendant in the above captioned divorce action. 8. The within action was commenced by the filing of a Divorce Complaint on April 13, 1995, which complaint was served upon Husband by the Sheriff on April 13, 1995 as appears on the Return of Service filed of record in this case. 9. In that Divorce Complaint, the following claims were raised: a. No Fault Irretrievable Breakdown and indignities; b. Equitable Distribution of Marital Property and Debts; C. Exclusive Possession of Marital Residence. 10. The parties are husband and wife. They were married on November 4, 1989. 11. A dispute has arisen regarding the parties date of sep0aration as follo9ws: (a) As set forth in Wife's 3301(d) Affidavit, filed of record in this case, Wife claimed the parties began living separate and apart on or before August 26, 2006. (b) As set forth in Husband's 3301(d) Counter-Affidavit Husband disputes Wife's claim of an August 26, 2006 date of separation. 12. Both parties agree that the parties physically separated in June 2008. 13. The date the parties began living separate and apart controls the identify of marital assets and debts. 14. Between Wife's 8/26/06 date of separation and the agreed upon 6/2008 date of - 3 - c ! physical separation, Wife acquired several parcels of real estate. 15. If the date of separation is determined to be 8/26/06 as Wife claims, then it will be unnecessary for their to be any valuation of the real estate acquired by Wife after that date. 16. If that date is not determined until the Master's hearing then the parties may be put to needless expense and time in valuing non-marital asserts, just to be prepared for a possible determination of a different separation date. 17. In the interest of judicial economy, the date of separation should be determined before this case proceeds to a Master's hearing. WHEREFORE, Plaintiff respectfully requests this Honorable Court to schedule a hearing to determine the parties' date of separation. Respectfully submitted, DCLIFF, ESQUIRE 3 dle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Moveant, Debra E. Ralph -4- e ? VERIFICATION Debra E. Ralph verifies that the statements made in this Motion are true and correct. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Debra. Ralph Date: ?o\oq - 5 - CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Kelly A. Sparvieri, Esquire Cognetti and Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (Counsel for Defendant) rney Re istration No 32112) Camp Hill, PA 17011 Counsel for Pl intiff, Debra E. Ralph Dated: d -6- `? T PH ` r? DEBRA E. RALPH V. DAVID E. RALPH JUN 18 2009 Plaintiff Defendant ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1889 CIVIL TERM CIVIL ACTION - DIVORCE RULE AND NOW, this a#dday of , 2009, upon consideration of Plaintiff's Motion for Declaratory Judgment, IT IS HER BY ORDERED that: A Rule is entered upon the Defendant to show cause why the relief requested in the within Motion should not be granted. Rule Returnable at a hearing scheduled for the Lv*day of , 20L at l: o o'clock ?.m. in Courtroom _ Z of the Cumberland County Courthouse, Carlisle, Pennsylvania. The parties shall appear at that date and time and give testimony and argument on the issues raised in the within Motion. DISTRIBUTION TO: Attorney for Plaintiff: Diane G. Radcliff, Esquire 3448 Trindle Rd. Camp Hill, PA 17011 Attorney for Defendant: Kelly A. Sparvieri, Esquire Cognetti and Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 JAMIDIRO 9 l U 7,r E :; f JUN 18 2009 ORIGINAL DEBRA E. RALPH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-1889 CIVIL TERM DAVID E. RALPH CIVIL ACTION - DIVORCE Defendant RULE AND TEMPORARY INJUNCTION AND NOW, this M day of , 2009, upon consideration of the within Petition, IT IS HEREBY ORDERED that. A Rule is entered upon the Defendant to show cause why the relief requested in the within Petition should not be granted. Rule Returnable at a hearing scheduled for the /3k day of , 2009 at 1:3) o'clock ---P-. m. in Courtroom Z- of the Cumberland County C urth use, Carlisle, Pennsylvania. The parties shall appear at that date and time and give testimony and argument on the issues raised in the within Petition. AND IT IS FURTHER ORDERED that pending the hearing and further Order of Court, but without prejudice to either party, the parties are enjoined and prohibited from the removing, transferring, conveyancing, disposing, alienating, encumbering , taking out any loans against, or otherwise taking any action that would diminish the value of any of any of the tangible personal property located at 555 Harvest Lane, Mechanicsburg, PA 17055. DISTRIBUTION TO: Attorney for Plaintiff: Diane G. Radcliff, Esquire 3448 Trindle Rd. Camp Hill, PA 17011 Attorney for Defendant: Kelly A. Sparvieri, Esquire Cognetti and Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 ?_an3-og z JAMIDIRO F+L a -r,?Y i s;' .?, 200,9 J,? 23 i1 - DEBRA E. RALPH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 95-1889 DAVID E. RALPH, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER AND NOW to wit, thisn day of ) !P!je , 2009, upon request of counsel for Defendant, it is hereby ORDERED and DECREED that the hearing on Plaintiff's Motion for Declaratory Judgment and Plaintiff's Petition for Special Relief/Injunction currently scheduled for July 13, 2009 at 1:30 p.m., shall be continued until July 30, 2009, at 1:30 p.m. in Courtroom #2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY Edgar B. `Bayley, Pr ident ?edge Distribution to: ,.,,-biane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Telly A. Sparvieri, Esquire, Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 It S' ina.t l£cL FBI„ - F.RCE OF THE # ? Hnf\`OTARY 2009 AN 29 PM 31: 01 MARIA P. COGNETTI & ASSOCIATES KELLY A. SPARVIERI, ESQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant DEBRA E. RALPH, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-1889 Civil Term DAVID E. RALPH, CIVIL ACTION -LAW Defendant. IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR DECLARATORY JUDGMENT AND NOW, comes Defendant, David E. Ralph, by and through his attorney, Kelly A. Sparvieri, Esquire, and files this Answer to Plaintiff's Motion for Declaratory Judgment and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted, with clarification. The Honorable George E. Hoffer entered an Order in this matter on April 17, 1995, docketed to No. 95-1889, based upon the parties' agreement, granting Wife exclusive possession of the marital home and withdrawing Wife's request for a PFA. 6. Admitted. 7. Admitted. 8. Admitted with clarification. While the within action was commenced with the filing of a Divorce Complaint on April 13, 1995, subsequent to that filing the parties reconciled. Neither party alleges a date of separation earlier than August 26, 2006. 9. Admitted. 10. Admitted. 11. Admitted with clarification. Husband is averring the date of separation is December 1, 2007. 12. Neither admitted nor denied. Husband avers that he moved out of the marital home in June 2008. However, it is unclear how Plaintiff is defining "physical separation," and therefore Husband cannot admit or deny that it occurred in June 2008. 13. Neither admitted nor denied. The law speaks for itself, the date of separation as defined under the Pennsylvania Divorce Code is what controls the identity of marital assets and debts. 14. Admitted, with clarification. Husband is averring the date of separation is December 1, 2007. 15. Admitted. 16. Admitted. 17. Admitted. WHEREFORE, Defendant concurs in Plaintiff's request that this Honorable Court schedule a hearing to determine the parties' date of separation, and Defendant further requests the Honorable Court find the date of separation to be December 1, 2007. Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES DATE: July 17, 2009 &-a a KELLY A. ARVI , ESQUIRE Attorney W. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, David E. Ralph, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. David E. Ralph DATE: -7111167 CERTIFICATE OF SERVICE I, Kelly A. Sparvieri, Esquire, hereby certify that on July 17, 2009, I served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Motion for Declaratory Judgment at the address indicated below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of Cumberland County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: July 17, 2009 By: KELLY A. Q'ZARVIERI,kSQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant OF THc €`^,; ??r,:? qi?Y 2009 JUL 20 r I2: CUhS DEBRA E. RALPH, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID E. RALPH, DEFENDANT 95-1889 CIVIL TERM ORDER OF COURT AND NOW, this ')?- day of July, 2009, following a hearing, we find that the parties ceased co-habituating at the beginning of April, 2007. By the ZUiane G. Radcliff Esquire ZKelly For Plaintiff A. Sparvieri, Esquire For Defendant sal lip LF4 7?3??oy Edgar B. Bayley, t 2c:iJ t0 f t l i ?Y' ti r+? ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH, V. Plaintiff : NO. 95-1889 CIVIL TERM DAVID E. RALPH, CIVIL ACTION - DIVORCE Defendant ORDER Re: Plaintiffs Petition for Special Relief/Injunction AND NOW, this ,:5?Vday of , 2009, upon consideration of the within Stipulation, it is hereby ordered that the terms oft a parties' within Stipulation dated July 23, 2009 are incorporated hereto the same as of fully set forth at length and are made an Order of this Court. Distribution to: Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 Attorney for Defendant: Kelly A. Sparvieri, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 7/3 r/0? -Z-Yl Date: 2-"1 U Scan: PM o? WIN ALa ID-l I",- «L OF THE iARY 2009 JUL 3Q Pry ?: 10 , S-, Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH, V. Plaintiff : NO. 95-1889 CIVIL TERM DAVID E. RALPH, CIVIL ACTION - DIVORCE Defendant STIPULATION Re: Plaintiffs Petition for Special Relief/Injunction AND NOW, this 23rd day of Jam, 2009, the parties, Debra E. Ralph ("Wife") and David E. Ralph ("Husband") stipulate and agree as follows: The parties are enjoined and prohibited from removing, transferring, conveyancing, disposing, alienating, encumbering, taking out any loans against, or otherwise taking any action that would diminish the value of any of any of the parties' tangible personal property. 2. Wife is granted exclusive possession of the parties' martial residence located at 555 Harvest Lane, Mechanicsburg, PA 17055, and Husband is excluded and evicted therefrom. The provisions of paragraph 1 notwithstanding, Husband shall be permitted to remove the 1979 Datsun from the marital residence and to sell the same under and subject to the following conditions: a. Husband shall have sixty (60) days from the date of the Stipulation to remove the Datsun from the marital residence. The parties shall choose a mutually agreement date within that sixty (60) day time period. b. Husband will provide Wife with copies of all documents, checks, agreements, sales tax forms, etc. regarding the sale of the Datsun. C. Husband will provide Wife with a statement verifying the actual purchase price of the vehicle signed by the buyer and having the buyer's signature notarized. 4. This Stipulation resolves the issues raised in Wife's Petition for Special Relief/Injunction filed on June 17, 2009, as a result the hearing on that Petition scheduled for July,3f136009 at 1:30 pm is to be cancelled. This Stipulation does not resolve the issues raised in Wife's Motion for Declaratory Judgment and the hearing scheduled on that Motion for July X, 2009 at 1:30 pm is not to be cancelled. 3a 5. The parties authorize the Court to enter an order incorporating the terms of this Stipulation. The parties consent to the terms of this Stipulation and order to be entered as evidenced by the signatures below. 6. The only Judges assigned to this case and the matters involved are as follows: (a) The Honorable George E. Hoffer, who entered an Order for Exclusive Possession of the parties' prior marital residence located at 2314 Bumblebee Hollow Road, Mechanicsburg, PA, and who entered an Order in the companion PFA case docketed to No. 95-1885, which was ultimately withdrawn by Wife. (b) The Honorable Edgar B. Bayley, who entered a Custody Order in the companion Cumberland County custody case docketed to No. 2008-3909; and who entered all subsequent orders in this Divorce Case including but not limited to the Temporary Injunction and Order for hearing on the Petition for Special Relief resolved by this Stipulation. IN WITNESS WHEREOF, the parties hereto, together with their legal counsel, have set their hands and seals the day and year below written. DIA E G. Dr CLIFF ?E`SQQUI Dated: 1 1,, KELLY. S'PA-R?V+IERI, ESQUIRE (SEAL) DEBRA E. RALPH a ?? L Dated: Oro D Dated: Z,Z10-Z9Qq 2 v1 ?.J .. THE P"' ,;?, CUM Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianemdeliff@comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH V. DAVID E. RALPH Plaintiff . No. 95-1889 Civil Term Defendant : CIVIL ACTION - DIVORCE PLAINTIFF'S PETITION TO BIFURCATE DIVORCE PROCEEDINGS AND NOW, to wit, this , day of 2009, comes the Petitioner, Debra E. Ralph, by her attorney, Diane G. Radcliff, Esquire, and files this Petition for Bifurcation and represents that: 1. Your Petitioner, Debra E. Ralph, is the Plaintiff in the above-captioned matter and is hereafter referred to as "Wife' 2. Your Respondent, David E. Ralph, is the Defendant in the above-captioned matter and is hereafter referred to as "Husband". 3. This is a divorce case. This Petition involves a request for a bifurcation of these divorce proceedings. 4. The following attorneys have entered their appearances in this case: (a) Diane G. Radcliff, Esquire for Plaintiff; (b) Kelly A. Sparvieri, Esquire for Defendant . 5. On August 26, 2009, Wife's counsel contacted Husband's Counsel and asked her to consent to this bifurcation. On September 8, 2009, Husband's counsel contacted wife's counsel and advised her that Husband would not agree to the bifurcation. 6. A copy of this Petition was provided to Wife's Counsel concurrently with the filing of this Petition. 7. The Complaint in divorce was filed by Wife on April 13, 1995 raising the following claims: a. Divorce on the grounds that the marriage is irretrievable broken (consentual no- fault and 2 year separation); b. Indignities; C. Equitable distribution; d. Exclusive Possession of Marital Residence. 8. Wife filed a 3301(d) affidavit alleging that the parties have lived separate and apart for a period of at least two (2) years which Affidavit was served upon Husband by certified mail/restricted delivery on November 28, 2008 as appears on the Affidavit of Service filed of record in this case. 9. On July 31, 2009, this Honorable Court entered an Order holding that the parties commenced living separate and apart in April 2007. 10. Neither party is dependent upon the other for his or her support. 11. Each party has separate medical insurance coverage for himself or herself. 12. Neither party will be prejudiced by the bifurcation of these proceedings by the allowance of the entry of Decree in Divorce under Section 3301(d) of the Domestic Relations Code. 13. The parties have been unable to agree as to a distribution of their marital assets and debts, as the result of which it is not likely that the parties will be able to be divorce for an additional period of nine months to a year due to the necessity of proceeding through the Divorce Master to have their economic issues determined and resolved. 14. Wife desires to remarry in the near future but cannot do so unless this case is bifurcated. 15. But for the outstanding economic issues this case is ripe for entry of the divorce decree. WHEREFORE, your Petitioner respectfully requests that this Honorable Court to enter an Order bifurcating the divorce proceeding and, upon presentation of the proper documents to enter a Decree of Divorce for the Petitioner under the Section 3301(d) with reservation jurisdiction over the economic issues heretofore raised by either party. ly su nid)?? CLIFF, ESQUIRE e t Road Camp Hill, PA 1 7011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Petitioner VERIFICATION I, Debra E. Ralph, verify that the statements made in this Petition for Bifurcation are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to upswrgfalsification piuthorities. DEBRA E. RALPH, Petitioner Dace: C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH Plaintiff No. 95-1889 Civil Term V. CIVIL ACTION - DIVORCE DAVID E. RALPH Defendant CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on September 9, 2009, 1 served a true and correct copy of Plaintiff's Petition to Bifurcate Divorce Proceedings upon Kelly A. Sparvieri, Attorney for the Defendant, by mailing same by first class mail, postage prepaid, addressed as follows: Kelly A. Sparvieri, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Respectfully submitted, DCLIFF, ESQU 3 dle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Attorney for Plaintiff FILED-Off E OF ME PROJI-;"NOTARY 2 004 SE- P 1 1 PM 12: w 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH Plaintiff No. 95-1889 Civil Term V. : CIVIL ACTION - DIVORCE DAVID E. RALPH Defendant CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on September 17, 2009,1 served a true and correct copy of Plaintiff's Petition to Bifurcate Divorce Proceedings and, Rule entered on September 14, 2009 upon Kelly A. Sparvieri, Attorney for the Defendant, by mailing same by first class mail, postage prepaid, addressed as follows: Kelly A. Sparvieri, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Respectfully submitted, DCLIFF, ESQUIRE e Road Camp Hill, PA 17011 Supreme Court ID # 32112 Attorney for Plaintiff FILED -;fir"FI E OF THE F^r.,-,:.FO14Y 2009 SEP IS PH 12: 0 8 MARIA P. COGNETTI & ASSOCIATES KELLY A. SPARVIERI, ESQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant DEBRA E. RALPH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-1889 Civil Term DAVID E. RALPH, CIVIL ACTION - LAW Defendant IN DIVORCE PETITION FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES AND NOW comes Defendant, David E. Ralph, by his attorney, Kelly A. Sparvieri, and petitions this Honorable Court for alimony, alimony pendente lite, and counsel fees and expenses relevant to Plaintiff's Complaint in Divorce, and in support thereof, respectfully represents as follows: 1. By reason of this action, Defendant has incurred considerable expense in the preparation of his case and the employment of counsel and the payment of costs. 2. Defendant is without sufficient funds to support himself and to meet the costs and expenses of this litigation. 3. Defendant's income is not sufficient to provide for his reasonable needs and to pay his attorney's fees and the cost of this litigation, and he is unable to appropriately maintain himself during the pendency of this action. 4. Plaintiff has adequate earnings to provide for Defendant's support and to pay his counsel fees, costs and expenses. Defendant lacks sufficient property to provide for his reasonable needs. 6. Defendant is unable to support himself through appropriate employment. 7. Plaintiff has sufficient income and assets to provide continuing support for Defendant. WHEREFORE, Defendant prays this Honorable Court enter an Order awarding him alimony, alimony pendente lite, counsel fees and expenses. Respectfully submitted: MARL P. COGNETTI & ASSOCIATES P Date: September 21, 2009 By: I?Rj I fi , "- KELLY A. ARVI M , ESQUIRE Attorney I. W. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, David E. Ralph, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. David E. Ralph DATE: ?/? CERTIFICATE OF SERVICE I, Kelly A. Sparvieri, Esquire, hereby certify that I served a true and correct copy of the foregoing Petition For Alimony, Alimony Pendente Lite, and Counsel Fees and Expenses at the address indicated below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of Cumberland County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: September 21, 2009 By: KELLY A. ARVIERI, + SQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant HLEU nF THE < „ - -n 2009 cry' 22 fl i+ 6 ?-? ?F S5S a ? MARIA P. COGNETTI & ASSOCIATES L.,?ELLY A. SPARVIERI, ESQUIRE Attorney I.D. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant DEBRA E. RALPH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-1889 CIVIL TERM DAVID E. RALPH, CIVIL ACTION -LAW Defendant IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION TO BIFURCATE DIVORCE PROCEEDINGS AND NOW, comes Defendant, David E. Ralph, by and through his attorney, Kelly A. Sparvieri, Esquire, and files this Answer to Plaintiff's Petition to Bifurcate Divorce Proceedings, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted with clarification. Husband's counsel replied to Wife's counsel via email dated September 1, 2009, not September 8, 2009, stating that Husband would not agree to the bifurcation. This email also stated that Husband would like to avoid litigating this issue but was not agreeing to the bifurcation due to the fact that Wife controls almost 100% of the parties' assets. 6. Admitted. 7. Admitted with clarification. The Complaint for Divorce was filed by Wife on April 13, 1995. However, the parties subsequently reconciled and did not actually separate until April 2007. 8. Admitted with clarification. Wife filed a 3301(d) Affidavit alleging that the parties had lived separate and apart for a period of at least two years on November 28, 2008. However, Husband filed a Counter-Affidavit in response stating that he opposed the entry of a Divorce Decree because the parties had not lived separate and apart for a period of at least two years. In addition, Husband indicated he wished to claim economic relief in his counter Affidavit. 9. Admitted. 10. Denied. During the parties' marriage, Wife earned significantly more than Husband, and Husband was economically dependent upon Wife. Husband filed a Petition for Economic Claims on September 21, 2009, requesting alimony, counsel fees, and alimony pendente lite. Husband avers that if the divorce process continues for several more months as Wife alleges it will in her Petition, he will be forced to request support from Wife in order to fund the litigation and pay his basic living expenses. 11. Admitted. 12. Denied. Husband would be prejudiced by a bifurcation of these proceedings. Specifically, while he has not made a specific application requesting support from Wife, Husband is the dependent spouse. If the divorce was to continue for several months and Husband was in need of support in order to fund the litigation, Husband would be unable to make this request once the bifurcation was entered. Also, Wife is in control of 100% of the parties' assets. If a bifurcation is entered, Wife will have little to no incentive for proceeding forward in an expeditious fashion in order to effectuate distribution of the assets. Husband avers that the assets in Wife's control are worth approximately $1,000,000.00. 13. Denied. The date of separation in this matter was only determined on July 31, 2009, a little over one month ago. Since this time, neither party has even made a settlement proposal. In addition, Husband has made significant efforts to move forward in this matter. Specifically, he provided Wife with formal discovery requests on September 11, 2009, and is in the process of gathering all of the documents she has requested from him. Due to the parties' previous disagreement as to the date of separation, they were unable to move forward in this case prior to the hearing on the same. Now that the date of separation has been determined, Husband believes that the case could be finalized within a few months once the necessary discovery is completed. 14. Husband can neither admit or deny. However, Husband avers that since the date of separation was determined on July 31, 2009, he has attempted to move forward in this matter expeditiously. 15. Husband can neither admit or deny as he is unsure what Wife means by "ripe for the entry of the divorce decree." However, as stated above, Husband has been economically dependent on Wife in the past and may need to file an application for support in the future. In addition, Wife is in control of almost 100% of the parties' assets. Therefore, Husband does not believe that this case should be bifurcated at this time. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff's request for an Order bifurcating the divorce proceedings and entering a Decree of Divorce for Plaintiff under Section 3301(d). Respectfully submitted, MARIA P. COGNETTI & ASSOCIATES Date: September 23, 2009 BY: a KELLY A. PARVIE , , ESQUIRE Attorney I. No. 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, David E. Ralph, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. LL- David E. Ralph DATE: 9'423% / CERTIFICATE OF SERVICE I, Kelly A. Sparvieri, Esquire, hereby certify that I served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Petition to Bifurcate Divorce Proceedings at the address indicated below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of Cumberland County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: September 23, 2009 By: KELLY A. kNt RVIE QUIiJ RE Attorney I. . 200864 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ,FILE' OF THE" r:_.¢,,, CRY 2069 SEP 24 P i%: It a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH Plaintiff No. 95-1889 Civil Term V. DAVID E. RALPH Defendant CIVIL ACTION - DIVORCE STIPULATION FOR BIFURCATION OF DIVORCE ACTION ?? Q AND NOW, thisZ day of 2009, come the Plaintiff, Debra E. Ralph and the Defendant, David E. Ralph, and stipulate and agree as follows: 1. This divorce action shall be bifurcated so that a divorce decree under Section 3301(c) of the Divorce Code can be entered with reservation of jurisdiction over all claims raised by either party prior to the entry of said decree. 2. The parties agree that their marriage is irretrievably broken and that they consent to the divorce. Concurrently with the signing of this Stipulation the parties shall execute and file their respective Affidavits of Consent, Waivers of Notice of Intention to Request Entry of Divorce Decree. Upon entry of the Order bifurcating this divorce action, Plaintiff, shall prepare and file all documents necessary to secure the entry of the bifurcated divorce decree. 3. The parties authorize the court to enter an order incorporating the terms of this Stipulation. 4. The Court retains jurisdiction of any claims raised by the parties to this action for which a final Order has not yet been entered, including without limitation, claims for equitable distribution of marital property, alimony pendente lite, alimony, counsel fees, costs and expenses. 5. In the event of the death of either party prior to the entry of a final Order resolving all economic claims herein, such claims shall be deemed in accordance with the Divorce - 1 - ? • M Code, 23 Pa.C.S. S 3101 et seq, pursuant to 23 Pa.C.S. S 3323(d.1), and neither the surviving party nor the personal representative of the estate of the deceased party shall be prohibited from introducing any relevant and otherwise admissible evidence in support of or in opposition to such claims by the provisions of the Dead Man's Act, 42 Pa.C.S. S 5930. 6. Pending final economic resolution, neither party shall alienate, assign, conceal, 'convey, dissipate, encumber, hypothecate, pledge, secret, transfer, or otherwise dispose of any marital property, excluding only bank accounts and automobiles. 7. If either party remarries prior to the final economic resolution, the marrying party shall enter into a premarital agreement with his or her intended spouse in which the intended spouse shall waive any and all rights to marital property of these parties. 8. All marital property of the parties, including all real estate, shall be held in eustodia legis after entry of the Divorce Decree until resolution of the economic issues by Order of the Court. The real estate shall be converted to and held by the parties as tenants in common with no right of survivorship to the surviving party. 9. Should this Court find that a party has been unreasonably dilatory in moving this matter forward, this Court may, but shall not be required to, impose the appropriate sanctions on said party. 10. Both parties are to comply with aU discovery requests within the time prescribed by the Court Rules, by providing any answers, documents as may be reasonably requested by the other party or by filing permissible objections thereto. Failure to do so shall be deemed a violation of this Stipulation and the Court may, but shall not be required to, impose appropriate sanctions on the violating party. 11. In the event of either party's death prior to the resolution of the economic claims, the action for divorce shall continue as if both parties are living. The Executor/Administrator of the estate of the deceased spouse shall act on behalf of the estate in the divorce action until its conclusion. 12. This Court shall retain jurisdiction to enforce the provisions of this Bifurcation Stipulation. -2- 13. The Bifurcation Stipulation and Order of Court shall continue in full force and effect until further Order of the Court or amended agreement in writing between the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year below written. PLAINTIFF'S ATTORNEY: D -D LIFF, ESQUIRE Date: ID PLAINTIFF: DEBRA E. RALPH Date: r 0% /c DEFENDANT'S ATTORNEY: KELLY A. SP IERI, ESQUIRE Date: o? DEFEND NT: DAVID E. RALPH Date: f0/ o r- - 3 - OF 7HE PPOWUNARY 2009 OCT -S PM 3: 03 CtJ€t" r°:? -' dU CuNiY F' ANS'r LVANO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH Plaintiff : No. 95-1889 Civil Term V. CIVIL ACTION - DIVORCE DAVID E. RALPH Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on' April 13, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ©C? DEBRA E. RALPH RM-I FFa OF THE PROTHONOTARY 2009 OCT -5 PM 3: 03 (®?r _ , a CVI &, nL,? 4-iu l.. OU? P NNSYLVAN.A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH Plaintiff No. 95-1889 Civil Term V. CIVIL ACTION - DIVORCE DAVID E. RALPH Defendant 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 rotating to unswom falsification to authorities. Dated: q oa d° Ali DE E. RALPH RED-OffICE OF THE PROTHONOTARY 2009 OCT --5 PM 3: 03 wiv OWNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH Plaintiff V. DAVID E. RALPH Defendant No. 95-1889 Civil Term CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed or April 13, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section'4904 relating to unsworn falsification to authorities. Dated: 16r / D)t Lo DAVID E. RALPH RED-Off iCE OF THE pR- OMNIOTARY 2009 OCT -5 ph 3: 03 CUM' t ; ;'dU l :AUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH V. DAVID E. RALPH Plaintiff No. 95-1889 Civil Term Defendant CIVIL ACTION - DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: Lez?La 2 DAVID E. RALPH RLED?RCE OF THE Ppon NOTARY 2009 OCT -5 PM 3: 03 cumb- ? ,;: ; s ?i;NTlf PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH V. DAVID E. RALPH TO THE PROTHONOTARY: CIVIL ACTION - DIVORCE PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 04/13/1995 b. Manner of Service of Complaint: Service upon Defendant by Cumberland County Sheriff C. Date of Service of Complaint: 04/13/1995 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 09/28/2009 b. Defendant: 10/02/2009 4. RELATED CLAIMS PENDING: Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Costs. Pursuant to Stipulation of parties dated October 2, 2009 and Order of Court entered pursuant thereto, the divorce decree is to be entered on a bifurcated basis with reservation of jurisdiction over any claims heretofore raised by the parties. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 10/05/2009 b. Defendant's Waiver: 10/05/2009 D LIFF, ESQUIRE 3 oad Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Plaintiff No. 95-1889 Civil Term Defendant OF TMOn? air 2009 OCT -5 Pty 3: 04 ?LJ PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF DEBRA E. RALPH CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID E. RALPH NO. 95-1889 CIVIL TERM DIVORCE DECREE AND NOW, 6)1C-Af/tZ%,, 6 ` V , it is ordered and decreed that DEBRA E. RALPH plaintiff, and DAVID E. RALPH , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees and Costs By Attest: J. Prothonotary 161716 -F - G), y P&so,)a L`Y c?rvc.?S 7e -b. 4,"- µ. DEBRA E. RALPH, AN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 95-1889 CIVIL TERM DAVID E. RALPH, :CIVIL ACTION - LAW Defendant AN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney in the above-captioned action for the Defendant, David E. Ralph, per his request. spectfully tted, ` t Date: 2009 Maria P. gne ', E )quire MARIA P. COGbJPM & ASSOCIATES 210 Grandview Avenue; Suite 102 Camp Hill. PA 17011 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above-captioned action for the Defendant, David E. Ralph, per his request. Date: 14-- ! , 2009 Respectfully submitted, Margare . Simok, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road, Suite 103 Harrisburg, Pennsylvania 17110 FILED40F CE OF THEE ;?? , ,-_r,?,1,tdTAE Y 2009 DEC 15 PH 2: 17 t' JUN ~ ~ 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH (Debra Eckstine-Weidner), Plaints No. 95-1889 Civil Term v. CIVIL ACTION -DIVORCE DAVID E. RALPH, Defendant MOTION FOR APPOINTMENT OF MASTER Debra E. Ralph (Debra Eckstine-Weidner), Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ ]Divorce [x] Distribution of Property [ ]Annulment [ ]Support [ ]Alimony [ ]Counsel Fees [ ]Alimony Pendente Lite [ ]Costs and Expenses In su pport of the Motion the Plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The non-moving party [X] has [ ]has not appeared in the action [ ]personally [X] by his orr}~ Margaret M. Simok, Esquire. G _ 3. Bifurcated Divorce under Section 330 (c) was granted on 10/06/09. ~' -"'"' ~' ~" ~ ~ 4. Check the applicable paragraphs: ~r; ^; o ~ ~ ' , ~ [ ] The action is not contested. ~A r c~ ! ~ - `r' . _ ~-' _ [ ] An agreement has been reached with respect to the following claims: ;; ~-~ ~ -~.'r~ [X] The action is contested with respect to the following claims: Equitable Distributi x-~ --~ 5. The action (involves) (does not involve) complex issues of law or fact. b~ 6. The hearing is expected to take one (1) day. 7. Additional information, if any, relevant to the mot' one Date: ~ O ~ ~ . RADCLIFF, ttorney r Plaintiff ORDER APPOINTING MASTER AND NOW, ~~,,,,,~ r~ , 20 to , E. Robert Elicker, II, Esquire is appointed Master with respect to the~owing~c aims: [x] Divorce [ ]Annulment [x] Alimony [x] Alimony Pendente Lite [x] Distribution of Property [ ]Support [x] Counsel Fees [x] Costs and Expenses Jll.ftitii'' ": ;:"~i~~ ~ DES rr~ t ~• ,.,., { . ~ _.a ,~~ ~.~.~~ L ~s~w BY THE COURT: 1~ JUDGE .~Vr~ MOVING PARTY Debra E. Ralph (Debra Eckstine-Weidner) Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 NON MOVING PARTY David E. Ralph Margaret M. Simok, Esquire Scaringi & Scaringi 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 G? :I L6 )9 RM 9% !b DEBRA E. RALPH, - Plaintiff V. DAVID E. RALPH. Defendant TO THE PROTHONOTARY: :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 95 -1889 CIVIL TERM :ACTION IN DIVORCE PRAECIPE Please withdraw the appearance of Margaret M. Simok, Esquire of Scaringi & Scaringi, P.C., on behalf of David E. Ralph, Defendant in the above-captioned divorce action, and enter the appearance of Margaret M. Simok, Esquire of Maria P. Cognetti & Associates. Respectfully Submitted, Date: 8 ?5 --I(D Date: 8-- [B-to Marg M. Simok, Esquire Scaringi & Scaringi, PC 2000 Linglestown Road; Suite 106 Harrisburg, PA 17110 Attorney I.D. No. 89633 nL\.? (_)\? argar M. Simok, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 110 Camp Hill, PA 17011 Attorney I.D. No. 89633 DEBRA E. RALPH, Plaintiff V. DAVID E. RALPH, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO.: 95-1889 CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Margaret M. Simok, Esquire, as counsel for Defendant, David E. Ralph, in the above-captioned matter. Date: 1 -7 , 2011 Margaret . Simok, Esquire Attorney I.D. # 8 96 33 Maria P. Cognetti, & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717) 9094060 PRAECIPE FOR ENTRY OF APPEARANCE s rn -am Ly ,G J p C3 z-rt o = s w °M Kindly enter the appearance of Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, as counsel for Defendant, David E. Ralph, in the above-captioned matter. GO r BERG TZMAN, P.C. Date: 2011 Paul J. sposi Attorn y I.D. #25454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 ^°?r? :rte Pleading Description: Plaintiff's Motion For Declaratory Judgment Prepared by: Diane G. Radcliff, Esquire, Attorney for Plaintiff Previously Assigned Judge: The Honorable Edgar B. Bayley Attorney for Plaintiff: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliff@coincast.net Phone: 717-737-0100 9 Fax: 717-975-0697 Attorney for Defendant Paul J. Esposito 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Phone: (717) 234-4161 - Fax: (717) 234-6808 email: pje aegoldbergkatzman.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH, V. NO. 95-1889 CIVIL TERM DAVID E. RALPH, CIVIL ACTION - DIVORCE Defendant PLAINTIFF'S MOTION FOR DECLARATORY JUDGMENT RE PRE-NUPTIAL AND POST-NUPTIAL AGREEMENTS AND NOW, comes the Plaintiff, Debra E. Ralph, by her attorney, Diane G. Radcliff, Esquire, and files the above referenced Motion and avers that- 1 . This is a divorce case filed by Plaintiff, Debra E. Ralph. 2. The following attorney has enter an appearance in this case: A. Diane G. Radcliff, Esquire for Plaintiff; Plaintiff - 1 - B. Paul J. Esposito, Esquire for Defendant; 3. A copy of this Motion was provided to Defendant's Attorney on July 21, 2011 to attempt to determine if he would consent to the relief requested in this Petition. Said attorney advised that he did not concur.. 4. The following judges were previously assigned to this case: A. The Honorable Edgar B. Bayley, who entered the Order regarding the parties' date of separation. B. The Honorable Edgar B. Bayley, who entered a Custody Order in the Cumberland County custody case docketed to No. 2008-3909. C. The Honorable George E. Hoffer, who entered an Order for Exclusive Possession the parties prior marital residence located at 2314 Bumblebee Hollow Road, Mechanicsburg, PA, and who entered an Order in the companion PFA case docketed to No. 95-1885 5. This Motion for Declaratory Judgment involves a request for an Order determining the validity and effect of various agreements and deed executed by the parties before and after their marriage. 6. Your Moveant is Debra E. Ralph, (hereinafter referred to as "Wife"), and is the Plaintiff in the above captioned divorce action. 7. Your Respondent is David E. Ralph (hereinafter referred to as "Husband"), and is the Defendant in the above captioned divorce action. 8. The within action was commenced by the filing of a Divorce Complaint on April 13, 1995, which complaint was served upon Husband by the Sheriff on April 13, 1995 as appears on the Return of Service filed of record in this case. 9. In that Divorce Complaint, the following claims were raised: A. No Fault (Irretrievable Breakdown) and Indignities; B. Equitable Distribution of Marital Property and Debts; C. Exclusive Possession of Marital Residence. 10. The parties: A. are husband and wife; B. were married on November 4, 1989; -2- C. separated on several occasions the last one being on or about April 1, 2007; and D. were divorced on a bifurcated basis by decree dated October 6, 2009. 11 Prior to and during the marriage the parties entered into various agreements and executed a deed described and summarized as follows: A. November 12, 1989 Antenuptial Agreement (See Exhibit "A" attached and incorporated by referenced hereto). The following is a summary of the terms of that Agreement: Wife's businesses to remain her separate property. These business include: (1) Debbie Enterprises, Inc. (2) Danie's Floral Corporation (Revelations -the Salon) This corporation is solely owned by Debbie Enterprises; (3) Danie Mane Corporation (the Beauty School ) Now taken over by Danie Floral Corporation; now trading as Just Kid'n, Inc.); (4) Just Kid'n, Inc (Successor School) (5) Debbie Corporation (No longer exists); (6) Debielle Corporation (No longer exists); (7) Morningstar Corporation (No longer exists); (8) A Maternal Touch (sole proprietorship - retail store - established in 1997-98 (?), basically non-operational). ii. If David becomes the owner of any stock in the foregoing businesses, that stock shall be his separate property. iii. 11-17 Railroad Ave, Mechanicsburg, PA and an account with Harris is acknowledged to be Wife's premarital property. iv. The 8 acres and home on Bumblebee Hollow Road are acknowledge to be Wife's premarital property. Wife is to receive the value of that property at time of marriage and the parties equally divide appreciation from marriage to separation. Ownership of marital home goes to Wife when Husband gets payment. - 3 - B. September 1, 1992 Subordination of Marital Rights (See Exhibit "B" attached and incorporated by referenced hereto). The following is a summary of the terms of that Agreement: Husband subordinates his marital rights in favor of Commerce Bank to the property designates as 11-17 Railroad Ave, Mechanicsburg, PA and 26 Market Street, Mechanicsburg, PA C. November 30,1999 Subordination of Marital Rights (See Exhibit "C" attached and incorporated by referenced hereto). The following is a summary of the terms of that Agreement: Husband subordinates his marital rights in favor of Commerce Bank to the property designated as 11-13-15 Railroad Ave, Mechanicsburg, PA and 10-12 S. Market Street, Mechanicsburg, PA D. July 21, 2000 Agreement (See Exhibit "D" attached and incorporated by referenced hereto). The following is a summary of the terms of that Agreement: This Agreement modified the 11/12/89 Agreement as it pertains to sale of Bumblebee Hollow and a new residence. From Bumblebee Hollow Road property Wife is to receive the value as of the date of marriage + 50% of appreciation and Husband is to receive 50% of appreciation. iii. Each parties' interest in Bumblebee Hollow Road property shall at all times be that party's sole and separate property. iv. The Agreement specifically references that all or some of the money may be used to buy the building lot and construct new residence. E. February 1, 2001 Agreement (See Exhibit "E" attached and incorporated by referenced hereto). The following is a summary of the terms of that Agreement: Bumblebee Hollow property sold; Wife is to pay Husband $65,000 upon settlement on mortgage on Lisburn Meadows property. iii. Wife gives up interest in Toyota; iv. Husband waives interest in Bumblebee Hollow -4- F. July 3, 2001 Subordination of Marital Rights (See Exhibit "F" attached and incorporated by referenced hereto). The following is a summary of the terms of that Agreement: Husband subordinates his marital rights in favor of Waypoint Bank to the property designated as 11-17 Railroad Ave, Mechanicsburg, PA and 107 E. Main Street, Mechanicsburg, PA G. Deed recorded in Book 213, Page 767:10-12 S. Market St, Mechanicsburg, PA: (See Exhibit "G" attached and incorporated by referenced hereto). The following is a summary of the terms of that Agreement: This property acquired in the parties' joint names on 1/23/1995 (Book 117, page 953) from funds solely provided by wife. This property was transferred into Wife's sole name on 5/25/1995 (Book 213, Page 767) in which Husband acknowledged that property is not marital property and is excluded by valid agreement. 12. A dispute has arisen, or may arise, regarding the validity of the foregoing deed and agreements and the effect of that deed and those agreements on the equitable distribution of the parties' marital assets. 13. The Divorce Master has advised the parties that he will not schedule a hearing on this case until this Honorable Court makes a legal determination as to the validity of the foregoing deed and agreements and the effect of that deed and those agreements on the equitable distribution of the parties' marital assets. 14. Wife's position regarding the validity and effect of the Agreements and Deed is as follows: A. By virtue of the November 12, 1989 Prenuptial Agreement, attached as Exhibit "A", Wife's various businesses are her separate property and are not subject to equitable distribution. B. By virtue of the November 12, 1989 Prenuptial Agreement, attached as Exhibit "A", the property known as 11-17 Railroad Ave, Mechanicsburg, PA is be Wife's premarital property and the value of that property as of the date of marriage is Wife's separate property and not subject to equitable distribution C. By virtue of the November 12, 1989 Prenuptial Agreement, attached as Exhibit "A", Wife's account with Harris is Wife's premarital property and the balance in that account as of the date of marriage is Wife's separate property and not subject to equitable distribution. D. By virtue of the various Agreements attached as Exhibits "A" through "F" the - 5 - value of the property known as Bumblebee Hollow Road, with the exception of $65,000, that was rolled over into jointly owned property remains Wife's separate property and is not subject to equitable distribution. E. By virtue of the various Agreements attached as Exhibits "A" through "F" Husband's marital interest in the property known as Bumblebee Hollow Road, is $65,000, which was rolled over into jointly owned property remains Husband's separate property and is not subject to equitable distribution. F. By the deed recorded in Book 213, Page 767 ( attached as Exhibit T") Husband waived his rights to the property located at 10-12 S. Market Street, Mechanicsburg, PA. As a result the property located at 10-12 S. Market Street, Mechanicsburg, PA. is not marital property and is not subject to equitable distribution marital property, being excluded by valid agreement and shall in all respects be Wife's sole and separate property free and clear of claims of Husband/. WHEREFORE, Plaintiff respectfully requests this Honorable Court to schedule a hearing to determine the validity and effect of the various agreement and Deed attached as Exhibits "A" through "G" as requested and suggested in paragraph 14 herein above. Dated: July , 2011 Respectfully submitted, DIANE DCLIFF, ESQUIRE 3 8 Trindl Road , PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Moveant, Debra E. Ralph -6- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DEBRA E. RALPH Date: \ Z? ? t ? -7- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Paul J. Esposito 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DIA LIFF, ESQUIRE (Att rney Regis tion No 32112) 3448 oad Camp Hill, PA 17011 Counsel for Plaintiff, Debra E. Ralph Dated: -7 OZZ// - 8 - EXHIBIT "A" NOVEMBER 12, 1989 ANTENUPTIAL AGREEMENT 09.07/94 11 46 a P.aI r [ , 4 THIS AGREEMENT is made this t p- day of Oc-,ru,$ciC , 1909, between DEBRA EcKSTINE LONG, hereinafter called "DEBRA"t and DAVID E. RALPH, hereinafter called "DAVID", in contemplation and consideration of their forthcoming marriage. W I T N 0 8 08TK1 WHEREAS, the parties intend to be maxriedt and WHEREAS, the parties to this Agreement intend and desire to define that property which each party brings to the marriage, to the end that suoh property will be designated and set apart as the sole and separate property of the respective partioul and WHEREAS, both parties to this Agreement have made to each other a full and complete disclosure of the nature, extent and value of all their property, estate and expectancy) and WHEREAS, the parties to this Agreement desire that neither of them shall be responsible for the debts of the other, which might have accumulated prior to the time of the signing of thin Agreement, nor for any debts contracted hereafter unless both narties have agreed to assume the same. NOW, THEREFORE, the parties do hereby mutually agree and ctipulato are follows: 1) DEBRA owns as her solo and separate property various corporations which operate buvineaaos under many fictitious names, as followal a9?or•9? 11149 ? P.os Debbie Enterprises, Ltd. Debbie Corporation fictitious name: YOUR HAIR CONNECTION YOUR MANE CUT DELONGE STUDIO KIDZ MANE OUT Dania+s Floral Corporation fictitious name: YOUR FLORAL CONNECTION Dania Man* Corporation fictitious names DERIRIU DESIGN WORKS ACADAMY, INC. Debielle Corporation Morningstar corporation DEBRA also owns s aorvs of real estate and a home situate in Upper Allen Township, Cumberland county, known and numbered as 2314 Bumblebee Hollow Road, Mechanicsburg, real estate situate at 11»17 Railroad Avenue, Mechanicsburg, and a personal savings account with Harris savings. 2) It is agreed that neither party shall be responsible for any prior debts accumulated by the other before the date of this Agreement. 3) If the portion should decide to divurve or separate for any reason: A. All of the corporations and their subsidiary and asaooiated businesses which are at that time owned solely by DEBRA shall be and remain her separate property, Vl• Y, .0• a. JY M 1 . 1 , . S. The marital homo shall be apportionod between the parties so that DEBRA shall retain tho value of that homo At the time of the marriago and the parties shall divide equally any appreciation thereafter until separation. Actual ownership of the home shall be transferrd to DEBRA at the time DAVID is paid for his interest therein. C. If DAVID is the owner of any share or stook in any of the ebove-mentioned Companies, DEBRA and DAVID will own whatever portion of the stock is owned by each at the data of separation, a) Both parties to this Agreement covenant and agree that they shall willingly, at the request of,the other party, or his or her successors or assigns, execute, deliver and properly acknowledge whatever additional instruments may be required to carry out the intention of this Agreement and shall execute, deliver and properly Aoknowledge any deeds or other documents in order to effectuate this Agreement. 6) This Agreement is entered into in consideration of marriage and its effectiveness is expressly oonditionod on such marriagel if, for any roanon, the marriage doss not take plane, the Agreement will be of no force or effect. 3 N"i 1...? cr h A ? y EXHIBIT "B" SEPTEMBER 1, 1992 SUBORDINATION OF MARITAL RIGHTS SUBORDINATION OF MARITAL RIGHTS I, David E. Ralph, spouse of Debra E. Ralph (formerly Debra Eckstine Long), for One Dollar ($1.00) and other good and valuable consideration and intending to be legally bound, do hereby subordinate any and all right, title, claim or interest to the property located at 11-17 Railroad Avenue, and 26 Market Street, both in Mechanicsburg, Cumberland County, Pennsylvania in favor of Commerce Bank. This Subordination shall include, but not be limited to, any right, title, claim or interest arising from: (a) Dower; (b) The right to request equitable distribution pursuant to the Pennsylvania Divorce Code of 1980 or the laws of any other state of jurisdiction; and (c) y and all rights ari =7,Ey marriage. nes David E. R ph COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ISM day of 5? .?>7hCr , 1992, before me, the undersigned officer, personally appeared David E. Ralph, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ; 10\ YA.(J (l /10 ( SEAL ) 1 JOA. I4ct"sea?--? J Ml' Gxr?????r, EXHIBIT "C" NOVEMBER 30, 1999 SUBORDINATION OF MARITAL RIGHTS SUBORDINATION OF MARITAL RIGHTS I, David E. Ralph, spouse of Debra Eckstine-Ralph, a/k/a Debra E. Ralph, a/k/a Debra E. Long for One Dollar ($1.00) and other good and valuable consideration and intending to be legally bound do hereby subordinate any and all right, title, claim or interest to the property located at 11-13-15 Railroad Avenue, Mechanicsburg, Cumberland County, Pennsylvania and property located at 10-12 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania in favor of Commerce Bank, N.A.. This Subordination shall include, but not be limited to, any right, title, claim or interest arising from: (a) Dower; (b) The right to request equitable distribution pursuant to the Pennsylvania Divorce Code of 1980 or the laws of any other state of jurisdiction; and (c) Any and all rights arisin by as my marriage. witness David E. Ralph COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the J00-day of 1999, before me the undersigned officer, personally appeared David E. Ralph known to me (or satisfactorily proven) to be the person whose SAIDIS, S H U F F & name is subscribed to the within instrument, and acknowledged MASLAND AnUMY$sAT*LAW that he executed the same for the purposes therein contained. 2109 Market Street Camp Hill, PA IN WITNESS WHEREOF, I hereunto set my hand and official seal. AL ?-e )-)4 (SEAL) Notarial Seal Diane M. Smith, Notary Public Mechanicsburg Boro, Cumberland County my commission Expires June 22, 2000 i AGREEMENT THIS AGREEMENT, entered into this 21st day of July, 2000, at approximately 8+sO a.m., by and between DAVID E. RALPH, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter HUSBAND A N D DEBRA E. RALPH, formerly known as Debra Eckstine Long, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter WIFE. RECITALS R-1. The parties were married on November 4, 1989. R-2. The parties entered into an Antenuptial Agreement daLed OcLuber 12, 1989 (the "Antenuptial Agreement"), fixing certain of their property rights, including without limitation their rights with respect to real property known as 2314 Bumblebee Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania (the "Real Property"). R-3. Subsequent to the time of execution of this Agreement, the parties intend to sell the Real Property, and the parties 1 intend to use a portion of the proceeds of the sale (the "Proceeds") to purchase a building lot, and the parties may use some or all of the remaining Proceeds to construct a residential dwelling on the building lot (the building lot and the residential dwelling, if constructed, being hereinafter referred to jointly and severally as the "New Property"). R-4. The parties wish to confirm and clarify the provisions and effect of the Antenuptial Agreement as a result of the sale of the Real Property, the Proceeds and the New Property. AGREEMENT NOW, THEREFORE, in consideration of the Recitals, which are an integral part of this Agreement, and intending to be legally bound, the parties agree as follows: (1) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 2 (2) HUSBAND and WIFE acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that each has executed this Agreement under no compulsion to do so but as a voluntary act. (3) An amount of the Proceeds equal to the value of the Real Property at the time of the parties' marriage, plus an amount of the Proceeds equal to 500 of the amount by which the Real Property has appreciated since the time of the parties' marriage, shall at all times be and remain the sole, separate and exclusive property of WIFE, and HUSBAND hereby waives, releases and relinquishes any and all rights, interests, claims, title and estate, whether actual, inchoate, contingent or otherwise of any nature whatsoever (including without limitation any right, interest, claim, title and/or estate arising from or in connection with the parties' marriage, or their separation or divorce) which HUSBAND at any time may, might, could or would have, hold or acquire in or to WIFE'S portion of the Proceeds as set forth herein. (4) An amount of the Proceeds equal to 50% of the amount by which the Real Property has appreciated since the time of the parties' marriage shall at all times be and remain the sole, 3 separate and exclusive property of HUSBAND, and WIFE hereby waives, releases and relinquishes any and all rights, interests, claims, title and estate, whether actual, inchoate, contingent or otherwise of any nature whatsoever (including without limitation any right, interest, claim, title and/or estate arising from or in connection with the parties marriage, or their separation or divorce) which WIFE at any time may, might, could or would have, hold or acquire in or to HUSBAND'S portion of the Proceeds as set forth herein. (5) Each of the 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 which may be reasonably required to give full force and effect to the provisions of this Agreement. (6) This instrument and Agreement shall benefit and bind each party hereto and their respective heirs, personal representatives, and assigns, including any legatee or devisee named in the Last Will and Testament of each. (7) This Agreement shall be governed by and construed under the laws of the Commonwealth of Pennsylvania. 4 (8) Except as expressly provided in this Agreement, each party affirms, reaffirms, confirms and ratifies the Antenuptial Agreement and the provisions thereof. Except as expressly provided in this Agreement, each party agrees the Antenuptial Agreement remains unchanged and in full force and effect, enforceable respectively by the parties hereto. (9) Except as provided in Section (9) this Agreement constitutes the entire understanding between the parties with respect to the subject matter of this Agreement; and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever with respect to the subject matter of this Agreement other than those herein contained. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. (SEAL) Witness David E. R ph r f (SEAL) Wi-thess Debra E. Ralph 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the of/?;?tom day of 2000, before me, the undersigned officer, personally appeared Debra tin Ralph formerly known as Debra M. Long known to me (or satisfactorily proven) to be t person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. o Public Notarial Seal Shelby L. Yingling, Notary !'UCiic Camp Hill Boro, Cumberlano County COMMONWEALTH OF PENNSYLVANIA My Commission Expires Apr. 26, 2004 S Member, Pennsylvania Association of Notaries COUNTY OF CUMBERLAND On this, the cWl?l day of 2000, before me, the undersigned officer, personally appeared Dav' E. alph known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?N/ay?Kublic 'otarial Seal Shelby L. Y ngl ng, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Apr. 26, 2004 Member, Pennsylvania Association of Notaries 6 AGREEMENT We, DAVID E. RALPH and DEBRA ECKSTINE RALPH, agree as follows: 1. The parties were joint owners of 2314 Bumblebee Hollow Road, Mechanicsburg, PA which was a marital residence that has been sold. 2. Debra shall pay to David the sum of $65,000.00 at the time of closing on her mortgage against the property situate in Lisburn Meadows, Mechanicsburg or within thirty (30) days from the date of this Agreement, whichever shall first occur. 3. Debra relinquishes her right, title and interest in the parties' 1996 Toyota 4- Runner automobile within thirty (30) days from the date of this Agreement. 4. David relinquishes any right, title and interest in 2314 Bumblebee Hollow Road, Mechanicsburg, Pennsylvania, or the proceeds derived therefrom, whether from his actual contribution or any interest acquired by virtue of his marriage to Debra. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this / -5 day of i'?? ru.a4 2001. DEBRA ECKSTINE RAL H COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On this, the ?S day of 1'u- , 2001, before me, a Notary Public, personally appeared David E. Ralph, known tro me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and he acknowledged to me that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. lam- I'I'I . Notary Public Notarial Seal Diane M. Smith, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires June 22, 2004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. On this, the / s'` day of 2001, before me, a Notary Public, personally appeared Debra Eckstine Ralph, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and she acknowledged to me that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'D""1- )-), . Notary Public Notarial Seal Diane M. Smith, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires June 22, 2004 AFFIDAVIT I, DAVID E. RALPH, hereby relinquish any right, title or interest I may have in the property situate at Lot 31, Lisburn Meadows Estates North, Monroe Township, Cumberland County, Pennsylvania, under the PA Divorce Code of 1980, as amended, by virtue of my marriage to Debra Eckstine Ralph. 4--1--C- David E. Ralph Sworn to and subscribed before me this /S'-day of A-arua4>.2001. Not ry Public Notarial Seal Diane M. Smith, Notary Public Mechanicsburg Boro, Cumberland County My Commission Expires June 22, 2004 i!r 6Y' ATTORNEY AT LAW E 3 h 54 EAST MAIN STREET MECHANICSBURG, PA 17055 et ri+>ch ?Aa `" (717) 697-4650 FAX (717) 697-9395 rwl- Tax Parcel No. 22-10-0640-124 THIS DEED, MADE THIS day of (2001). BETWEEN , in the year of our Lord two thousand one DAVID E. RALPH and DEBRA ECKSTINE RALPH, husband and wife, Grantors, and, DEBRA ECKSTINE RALPH, married woman Grantee, WITNESSETH, that in consideration of ONE - - - - - ($1.00) DOLLAR, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, her heirs and assigns, ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County, Pennsylvania, and more particularly identified as follows: BEGINNING at a point along the northern right-of-way line of Simmons Road (33 feet wide right-of-way) at the southwest corner of Lot No. 32 of said Plan; thence along the said Simmons Road, South 40 degrees 36 minutes 44 seconds West, a distance of 227.08 feet to a point; thence on a curve to the right having a radius of 35.00 feet, an arc length of 40.50 feet and a chord bearing of South 73 degrees 52 minutes 47 seconds West, a distance of 38.27 feet to a point along the eastern right-of-way line of Lisburn Road (50 feet wide right-of-way); thence along said Lisburn Road, North 72 degrees 58 minutes 28 seconds West, a distance of 252.69 feet to a point; thence North 17 degrees 01 minute 32 seconds East, a distance of 350.00 feet to a point; thence North 76 degrees 58 minutes 54 seconds East, a distance of 49.93 feet to a point on the dividing line of Lot No. 31 and Lot No. 32 of said Plan; thence along said dividing line, South 49 degrees 15 minutes 57 seconds East, a distance of 363.50 feet to a point at the northern right-of- way line of Simmons Road (33 feet wide right-of-way) at the southwest corner of Lot No. 32 of said Plan, the point and place of BEGINNING. BEING Lot No. 31 on the Final Subdivision Plan for LISBURN MEADOWS ESTATES - NORTH, Phase 1, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 77, Page 37. CONTAINING 2.40 acres. UNDER AND SUBJECT, NEVERTIIELESS, to the conditions, restrictions and easements as noted on the liereinabove mentioned Final Subdivision Plan; AND SUBJECT, FURTHER, to the Declaration of Protective Covenants, Conditions, Restrictions and Reservations for Lisburn Meadows Estates - North dated June 15, 1998 and recorded in the Office of the Recorder of Deeds, aforesaid, in Misc. Book 582, Page 936, including but not limited to: All drainage easements and detention basins applicable to the herein described lot and detailed on said Final Subdivision Plan. BEING the same premises which Kronenberg and Group, a partnership consisting of William M. Kronenberg, Donald A. Group, Donald A. Group, Jr., and Tony D. Group, by deed dated July 20, 2000 and to be recorded herewith, granted and conveyed unto David E. Ralph and Debra Eckstine Ralph, the Grantors herein. This transaction is wholly exempt from Realty Transfer Tax because it is a transfer from husband and wife to wife (72 PS § 8102-C.3). AND the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the Presence of DAVID E. RALPH ) ) ) DEBRA ECKSTINE RALPH SLIaORDINAmrunt n>+__MARTTAL IC; 1, David E. Ralph, Spouse of Debra Eckstine-Ralph, a/kja Debra Eckstine Long, a/k/a Debra E. Ralph, a/k/a Deb,l? . ra E. Long, for one Dollar ($1.00) and other good and valuable c(?isideration and intending to be legally bound, do hereby subordir*te any and all right, title, claim or interest to the property located at 11-17 Railroad Avenue, Mechanicsburg, Cumberland County, Pennsylvania, and property located at 107 East Mein Street, Mechanicsburg, Cumberland County, Pennsylvania, irk favor of Waypoint Sank, its successor and assigns. This Subordination shall include, but not be lim?jted to, any right, title, claim or interest arising from: i; (a) Dower; (b) The right to request equitable distribution pursuant to the Pennsylvania Divorce Code of 1980, ?s amended, or the laws of any other state of juriadict Ion; and (c) Any and all rights arisfn eas f my ?Imarriage. 4t*s D a E. a p ;i C014MONWEALTH OF PENNSYLVANIA ; COUNTY OF CUMBERLAND On this, the 3" day of July, 2001, befog me, the undersigned officer, personally appeared David E. Ralph known to me ,or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledgod that he executed the same for the purposes therein contained.; IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?._ (SEAL) Linda L. Willis. Notary Public Boraigt, of Mpchaftsburg, County of Cumt My Commission Expires Sept 1 1 EXHIBIT "G" DEED RECORDED IN BOOK 213, PAGE 767 10-12 S. MARKET ST. MECHANICSBURG, PA `j-3gI THIS DEED PARCEL +: 16-23-0565-003 MADE THE *rSff day of ^wj in the year of our Lord one thousand nine hundred ninety-five (1995) BETWEEN DAVID E. RALPH and DEBRA ECKSTINE RALPH, husband and wife, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter (Grantors) and DEBRA ECRSTINE RALPH, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter (Grantee) WITBESSETB, that in consideration of One Dollar and 00/100 ($1.00) in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, her heirs and assigns. ALL THAT CERTAIN messuage and lot of ground situate in the West Side of South Market Street, in the First Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the curb line of South Market Street; thence by the same Southward twenty-four (24) feet and one (1) ' inch, more or less, to the line of property formerly of Mrs. Catherine Bitner, now or late of Mrs. M.J. Mohler; thence by the same Westward Fifty (50) feet to the line of property formerly of Mrs. Mary B. Clendenin, now or late of Harry F. Brunhouse; thence by the same Northward twenty-four (24) feet and one (1) inch; more or lose, to property formerly of the M.E. Church; thence by the same 8astward fifty (50) feet to the place of BEGINNING; improved by a three (3) story frame store and apartment buildings Nos. 10- 12 South Market Street. BEING the same property which Gary K. Maurer and Deborah S. Maurer, husband and wife, by deed dated January 23, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book //9 , Page 4S3 , granted and conveyed to David E. Ralph and Debra Eckstine Ralph, husband and wife, Grantors herein. The said David E. Ralph does hereby acknowledge that this property shall not be considered marital property within the meaning of the Divorce Code but shall be property excluded by valid agreement of the parties entered into during the marriage and hereby releases any and all .right, title or interest he may have to said property. Ik;s is C0r.ve3Ar11.L lius6a ,l ^,,I to" Pc -Iz t . . WK 213 PACE 767 AND the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS wusAEOr, said qFvmtqrs have hereunto set their hands and seals the day and ye r abo w tten. SIMZD, SEALED AND DELIVERED: I TES P Cs of D V In F2 DOD09pt Ecket p State of Pennsylvania: County of Cumberland: On this, the A5a day of M?y/ , 1995, before me, the undersigned officer persona 'ily appeared David E. Ralph, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereu Lo set MY-hand and offic' tle of cer _ Jt* f irkdN. sl:A[ State of Pennsylvania: !N ii {fNF I Hfl({),fhe;;;g!+;a: :;MtGlii!?, I.RhIlly;lfdlk: ?.Ili4!;•P v County of Cumberland: fdyl:uuhunSlillUprEaJ!iF; 11i On this, the c,25K day of A7Ay , 1995, before me, the undersigned officer personallly appeared Deborah Eckstine Ralph, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the game for the purposes therej,p contained., f'+f:9tt IN WITNESS WHEREOF, I here n s my hand and of 1 +:.:... .. 1 ,...,.. Title officer I do hereby certify that the precise residence and complete oat office address of the within named grantee isj /y umb/ebse /Jo//%w 4, A).cl:e,++?sGa.cf PA ?-70ST. it U.' 1- 2 1997 Attorney or LQX 2JJ WE x(66 :4 C: co :'U CD c' rrvv ' r f? ' m t? - v cn COMMONWEALTH OF PENNSYLVANIA: :ee , County of aqo RECORDR on this ZZday of C A. D. 1ou, in the Recorderls off ce of the said Cou y, in Deed Hook Vol.J? , Page Given n or my hand and the seal of the said office, the date_a, ve written. buv. 213 AGE "M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH NO. 95-1889 CIVIL TERM , Plaintiff ' ?? G j 73 DAVID E. RALPH, CIVIL ACTION - DIVORCE -- SM" Z5 - Defendant t - RULE AND NOW, this /Ov day of ?r 2011, upon consideration of Plaintiff's Motion for Declaratory Judgment, IT IS HEREBY ORDERED that 1. A Rule is issued upon the Defendant, David E. Ralph, to show cause why the the Plaintiff Debra E. Ralph, is not entitled to the relief requested in the within Motion. 2. The Defendant shall file an Answer to the Motion within 2 d days of service upon the Defendant. A copy of that Answer shall be served upon this Court and upon Moveant's counsel. 3. Any hearing or argument that may be required will be scheduled by the Court after receipt of Defendant's Answer. 4. Notice of the entry of this order shall be provided to the parties to this action by the Plaintiff. BY THE COURT: JUDGE DISTRIBUTION TO: (;?gf !?u Q Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Rd., Camp Hill, PA 17011 Attorney for Defendant./ Paul J. Esposito, Esquire, P.O. Box 1268, Harrisburg, PA 17108-1268 FILED-OFFICE Paul J. Esposito, Esquire OF THE PR0TH0IN0171',R I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street 2011 29 QM 2' 56 P. O. Box 1268 AUG t? 7 f Harrisburg, PA 17108-1268 CUMBERLAND (717) 234-416 1; (717) 234-6808 (facsimile) COLIN Counsel for Defendant 1? V l1 [3 i DEBRA E. RALPH, IN THE COURT O AS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 95-1889 V. CIVIL ACTION - LAW DAVID E. RALPH, IN DIVORCE Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR DECLARATORY JUDGMENT RE PRE-NUPTIAL AND POST-NUPTIAL AGREEMENTS AND NOW, comes Defendant, David E. Ralph, by his attorneys, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, and answers Plaintiff's Motion as follows: L Admitted. 2. Admitted. 3. It is admitted that the Motion was provided to Defendant's attorney, however, Defendant's attorney neither concurred nor affirmatively indicated Defendant would not concur. 4. Admitted. 5. The Motion speaks for itself. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted with the exception the parties are no longer husband and wife by virtue of the Divorce Decree dated October 6, 2009. ,'00561191; vl } 11. Admitted. A. Admitted with the exception the Ante-Nuptial Agreement marked as Exhibit "A" is dated October 12, 1989. i. Admitted with the exception Debbie Enterprises, Inc. and Just Kid'N, Inc., are not set forth in the Agreement, nor is A Maternal Touch included in the Agreement inasmuch as it did not exist until 1997 or 1998, several years subsequent to the Agreement. ii. Admitted. iii. Admitted. iv. Admitted. B. The Subordination of Marital Rights speaks for itself. C. The Subordination of Marital Rights speaks for itself. D. Admitted. i. Admitted. ii. Admitted. iii. Admitted. iv. Admitted. E. i. Admitted. ii. Denied. The Agreement provides as follows in paragraph 2: Debra shall pay to David the sum of $65,000.00 at the time of closing on her mortgage against the property situate in Lisburn Meadows, Mechanicsburg or within thirty (30) days from the date of the Agreement, whichever shall first occur. iii. Admitted. iv. The Agreement speaks for itself. (00561191,vr) F. i. The Agreement speaks for itself. G. i. Admitted with the exception Exhibit "G" is the Deed recorded in Book 213, Page 767 and not an Agreement as referenced by Plaintiff. It is denied that the Deed provides that the property therein was acquired from funds solely provided by Wife. 12. Admitted. 13. Denied. Defendant does not recall the Divorce Master so advising the parties. 14. It is admitted that the averments of paragraph 14 and subparts set forth Wife's position regarding the validity and effect of the Agreements and Deed. However, statements of her position as described in subparts A through F are legal conclusions to which no response is required. WHEREFORE, Defendant respectfully submits that he has no objection to the scheduling of a hearing to determine the validity and effect of the various Agreements and Deed attached to Plaintiff's Motion as Exhibits "A" through "G." Date: 2011 Respectfully submitted, GOLDBERG KATZMAN, P.C. Paul J. E osi Attorney I.D. #25454 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (00561191;v1) VERIFICATION I verify that the statements contained in the foregoing DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR DECLARATORY JUDGMENT RE PRE-NUPTIAL AND POST-NUPTIAL AGREEMENTS, are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ?9?aar.Z L 9_41'4L_' DAVID . RALP t00561191;vlJ CERTIFICATE OF SERVICE On this day of Z4? , 2011, I certify that a copy of the foregoing was served upon the following party or counsel of record by delivery same addressed as follows in the manner indicated: VIA FIRST CLASS MAIL Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff GOLDBERG KATZMAN, P.C. A W'Wd Paul J. E460 o Supreme Court ID #25454 Attorneys for Defendant (00561191;v1) G r? _ft .? -a ( sl W C-) s X_ r-'7.. --A -" 7 a? -<> C' C ),? -dCD C -r ;5 "r -CD CJ? __A f"+' ?,? rv wr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH, NO. 95-1889 CIVIL TERM Plaintiff V. DAVID E. RALPH, CIVIL ACTION - DIVORCE Defendant ORDER OF COURT Plaintiff 's Motion for Declaratory Judgment Re: Pre-Nuptial and Post-Nuptial Agreements AND NOW, this _ day of cum i.. 2011, upon consideration the within Motion of Diane G. Radcliff, Esquire, Attorney for Plaintiff, IT IS HEREBY ORDERED that that argument on the Plaintiffs Motion for Declaratory Judgment Re: Pre- Nuptial and Post-Nuptial Agreements shall be held on the and day of 2011 at << o'clock _CA m. in Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: zxt '04 ? N A. HESS, JUDGE DISTRIBUTION TO: to / /Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Rd., Camp Hill, PA 17011 ? Attorney for Defendant: Paul J. Esposito, Esquire, P.O. Box 1268, Harrisburg, PA 17108-1268 Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 4250 Crums Mill Road P. O. Box 6991 Harrisburg, PA 17112 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Defendant DEBRA E. RALPH, V. DAVID E. RALPH, FD_CFFC= '. j ftil 'L?si 2: 14 2 r'!-J'17n, RLr ND COUNTY \R jY IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 95-1889 CIVIL ACTION - LAW IN DIVORCE Defendant DEFENDANT'S PRE-TRIAL STATEMENT AND NOW COMES, Defendant, David E. Ralph, by and through his attorneys, Goldberg Katzman, P.C., and Paul J. Esposito, Esquire, and files the following Pre-Trial Statement pursuant to Pa R.C.P. 1920.33(b): Date of Marriage: November 4, 1989 Date of Separation: April 1, 2007 per Order of Judge Bayley entered July 31, 2009 (Defendant departed the marital residence on June 24, 2008) Date of Divorce: October 6, 2009 CUSTODY OF CHILD Danae' Elizabeth Ralph, born June 26, 1996 (15 years). Custody is shared per Order of September 9, 2008 (Dance' stays with Defendant an average of four (4) overnights per week). SUPPORT Pursuant to the Order of December 6, 2010, Defendant pays Plaintiff $269.00 per month for the support of their daughter. The Order was made effective May 6, 2010. MARITAL ASSETS 555 Harvest Lane, Mechanicsburg, Pennsylvania. This property was acquired by the parties by deed dated October 2, 2001. The purchase price was $68,000.00. The fair market value of the property was $530,000.00 as of March 31, 2010. Defendant believes that there are two (2) outstanding mortgages in the nature of home equity loans from Members I" against the property. The balances of the loans are unknown to Defendant. 2. 203 W. Maplewood Avenue, Mechanicsburg. Pennsylvania. This property was acquired by Plaintiff on November 10, 2006 from Andrew Kohler and Danielle Long (Plaintiff's daughter and her then boyfriend) for $1.00. Plaintiff remains the sole title owner of this property and rents it out. Plaintiff has informed Defendant that she paid off the mortgage from Sun Trust Mortgage in the sum of $102,402.08, which had been against the property. The fair market value of the property as of July 27, 2010 was $149,000.00. 11-17 Railroad Avenue, Mechanicsburg, Pennsylvania. This property was initially acquired by Plaintiff on June 1, 1989, for $150,000.00. This property is also described in the parties' Antenuptial Agreement of October 12, 1989, a copy of which is attached to this Pre-Trial Statement. The appraised value of this property was $326,000.00 on March 1, 2006. On September 27, 2006, Michael Eckert, a personal acquaintance of Plaintiff, purchased this property at Sheriff's Sale. Mr. Eckert then assigned his right, title and interest in said real estate to Plaintiff. On October 18, 2006, the property was formally conveyed to Plaintiff by the Sheriff of Cumberland County. The purchase amount was set forth as $211,000.00. 4. 107 East Main Street, Mechanicsburg Pennsylvania. This property was acquired by Plaintiff in her name only on September 12, 1997 for $140,000.00. On September 27, 2006, Michael Eckert, a personal acquaintance of Plaintiff, purchased this property at Sheriff's Sale. Mr. Eckert then assigned his right, title and interest to Plaintiff. On October 18, 2006, the property was formally conveyed to Plaintiff by the Sheriff of Cumberland County. The purchase amount was set at $150,000.00. This property had an appraised value of $163,000.00 on April 5, 2006. 5. Time-Share Villas at Resort World Condo Association. The parties purchased the time share in 1990 or 1991 for $15,000.00 by credit card. 6. 1998 Subaru Impreza Outback. Acquired on September 7, 2001 and was titled in Plaintiff's name only. 7. 2002 Chevrolet Venture Minivan. Acquired on September 23, 2005 and was titled in Plaintiff's name only. 8. 2001 Acura TL. Acquired by Defendant in September, 2001 for $24,000.00. $18,500.00 was derived from a 1996 Toyota 4 Runner, to which Plaintiff relinquished any right, title or interest she may have had in this vehicle. The value of the Acura was $8,786.00 as of March 1, 2012. 9. Plaintiff's Members 1St (Account No. 7004 Checking, Savings and Money Management Accounts. As of March 31, 2007, the checking account had a balance of $7,599.46; savings $100.42; and money management account $15,499.46. 2 10. _Defendant's Members I" (Account No. 8366) Checking and Savings Accounts. As of April 1, 2007, the checking account had a balance of $305.98, and the savings had a balance of $358.76. As of March 1, 2012, the checking account balance was $82.22 and the savings account balance was $226.92. 11. Mortgage. On March 9, 2000, the real property at 23-25 East Main Street, Mechanicsburg, Pennsylvania, was sold to One Heart Ministries for $160,000.00. Danie Floral Corporation joined in the deed of conveyance to the purchaser. Plaintiff is the owner of Danie Floral Corporation. According to Plaintiff, the balance owed on the mortgage to her as mortgagee was $195,276.00 as of October, 2009. 12. Prudential Life Policy No. 8814, issued to Plaintiff on March 1, 1992. Cash surrender value net of loan as of March 1, 2009 was $10, 117.39. Cash surrender value net of loan as of April 1, 2007 was $8,408.82 ($13,939.05 minus $5,530.23). 13. Prudential Life Policy No. 0157, issued to Plaintiff on May 1, 1992. Cash surrender value net of loan as of March 26, 2009 was $15,158.36. Cash surrender value net of loan as of April 1, 2007 was $12,862.69 ($23,535.14 minus $10,672.45). 14. Prudential Life Policy No. 348, issued to Plaintiff May 1, 1987. (Increase in value during the marriage). November 1989 (date of marriage - 0 value); April 30, 2007 (date of separation), cash surrender value net of loan $8,767.78 ($10,532.92 minus $1,765.14). Cash surrender value as of March 20, 2009 is $9,833.74. 15. Prudential Life Policy issued to Plaintiff on July 17, 1998. Defendant has no information on this policy. 16. Baltimore Life Policy issued December 6, 1990 to Plaintiff. As of April 6, 2007, cash value $13,495.51. 17. Individual Retirement Account - F&M Trust - acquired by Plaintiff on April 5, 2003. Value $33,462.03 as of June 30, 2007 and $41,922.38 as of March 30, 2009. 18. Individual Retirement Account - F&M Trust - No. 5001 acquired by Defendant on April 4, 2003. Value as of March 31, 2007 was $20,161.42 and $30,558.54 as of December 31, 2011. 19. Defendant's Federal Employees' Retirement System Pension. Defendant began his participation in FERS in November, 2004. 20. Defendant's Thrift Savings Plan. Defendant began his participation in the TSP in November, 2004. Balance of $8,796.11 as of April 1, 2007. Balance as of December 31, 2011 was $25,383.72. 3 21. Household Goods. An itemization of the parties' personal property will be provided by Defendant from memory inasmuch as he has not had access to the properties where the items are located since 2008. MARITAL ASSETS TRANSFERRED Simmons Road, Lisburn Meadows, Lot 31. July 20, 2000 - acquired by Plaintiff and Defendant for $47,500.00. February 1, 2001 - conveyed by Plaintiff and Defendant to Plaintiff. July 25, 2005 - The property was sold by Plaintiff for $450,000.00, with a resulting net of $97,004.50, according to Plaintiff, after payment toward two (2) outstanding mortgages. 2. 2314 Bumblebee Hollow Road, Mechanicsburg, Pennsylvania. This real estate was originally acquired by Plaintiff and her former husband, David R. Long (11.021 acres on December 21, 1981 and 11.264 acres on December 8, 1984). On June 9, 1988, Plaintiff received this property as a part of her divorce settlement with Mr. Long. On August 28, 1989, three (3) months before the parties' marriage, Plaintiff sold a portion of the property, approximately 13 acres, for $119,078.10. On July 21, 2000, the remaining approximate nine (9) acres were sold for $276,000.00. On February 1, 2001, the parties entered into an Agreement which, inter alia, provided for a payment of $65,000.00 from Plaintiff to Defendant at the time of closing on Plaintiff's mortgage against the property in Lisburn Meadows or within thirty (30) days from the date of the Agreement, whichever was first to occur. This payment has not been made. The Agreement further provided that Defendant relinquished any right, title or interest he had in 2314 Bumblebee Hollow Road. John Deere Subcompact Tractor. Purchased for $14,500.00. Sold by Defendant in 2,006 for $12,000.00. The proceeds were disbursed, $4,000.00 for payment of bills at Plaintiff's request and $8,000.00 (plus $700.00 of Defendant's funds) for the purchase of a Scag Zero Turn mower in June or July, 2006. This mower was sold on November 6, 2008 for $6,500.00. Defendant used the funds to purchase furniture, dishes, silverware and other items to furnish his apartment and paid bills. NON-MARITAL ASSETS 1. 10-12 S. Market Street, Mechanicsburg Pennsylvania (3-story frame store and apartments). January 23, 1995 acquired by parties for $84,000.00. May 25, 1995 conveyed by Plaintiff and Defendant to Plaintiff. 2. 1979 Datsun. Acquired by Defendant in 1981 and has always been titled in his name only. 3. 1994 Ford. Acquired by Plaintiff on January 26, 2009, subsequent to separation. 4 4. Prudential Life Policy No. 061. Acquired by Plaintiff on March 3, 1987, prior to the marriage. 5. Union Central Life Policy No. 04121679. This policy was issued to Defendant on December 10, 1986, prior to the parties' marriage. Cash value as of December 9, 2007 was $2,476.46. Cash value as of February 29, 2012 was $3,221.66. 6. The businesses listed below are described as Plaintiff's separate property in the parties' Antenuptial Agreement of November 12, 1989. The Agreement is silent as to any increase in value of the various business entities. Debbie Enterprises, Ltd. Debbie Corporation Danie Floral Corporation Danie Mane Corporation Debbielle Corporation Morningstar Corporation DEBTS 1. American Express Account No. 26005 (Defendant). Balance as of March 16, 2007 was $1,856.82. Balance as of January 16, 2012 was $1,124.23 2. Discover Account No. 1061 (Defendant). Balance as of March 19, 2007 was $1,873.77. Balance as of January 19, 2012 was $612.85. 3. Discover Account No. 5512 (Plaintiff). April 2007 balance EXPERT WITNESSES Defendant may call expert witnesses to testify regarding the fair market value and fair rental value of the parties' real estate, the value of his retirement benefits and the value of the parties' personal property. Defendant may also call a physician to testify regarding his medical condition and its impact on his ability to maintain gainful employment. Defendant reserves the right to call expert witnesses in other areas. FACT WITNESSES Defendant will testify. No other fact witnesses have been identified at this time. VYHIRITC Not identified at this time. 5 INCOME AND EXPENSE STATEMENT Defendant's Income and Expense Statement is attached. PENSIONS/RETIREMENT BENEFITS The parties' individual retirement accounts and Defendant's Thrift Savings Plan and Federal Employees' Retirement are identified in the itemization of the parties' marital and non- marital assets. COUNSEL FEES Defendant has filed and intends to pursue his claim for counsel fees and expenses. DISPUTED PERSONAL PROPERTY Defendant does not know, at this time, if there will be any disputes regarding the regarding the division of personal property. PROPOSED RESOLUTION OF THE ECONOMIC ISSUES A. Plaintiff would retain the following: 555 Harvest Lane 203 W. Maplewood Avenue 11-17 Railroad Avenue 107 E. Main Street 10-12 S. Market Street Timeshare 1994 Ford 1998 Subaru Impreza Outback 2002 Chevrolet Venture Van Members 1" Checking, Savings and Money Management Accounts Mortgage with One Heart Ministries at 23-25 E. Main Street Prudential Life Policy No. 8814 Prudential Life Policy No. 0157 Prudential Life Policy No. 348 Prudential Life Policy No. , issued December 6, 1990 Prudential Life Policy No. , issued March 3, 1987 Baltimore Life Policy IRA No. 5000, F&M Trust A Maternal Touch 6 Just Kidn', Inc. Debbie Enterprises, Ltd. Debbie Corporation Davie Floral Corporation Danie Mane Corporation Debbielle Corporation Morningstar Corporation A portion of the personal property/household goods B. Defendant would retain the following: 1979 Datsun 2001 Acura TL Members ls` Checking and Savings Accounts Federal Employees' Retirement Thrift Savings Plan IRA No. 5001, F&M Trust Union Central Life Policy Proceeds from the sale of the tractor/mower A portion of the personal property/household goods C. Plaintiff would pay to Defendant the lump sum of $65,000.00, pursuant to the parties' Agreement of February 1, 2001, plus interest, and an additional sum to achieve an equitable division of all of the parties' assets. D. Plaintiff would pay to Defendant a reasonable amount to compensate him for the fair rental value of 555 Harvest Lane, which has been occupied by Plaintiff exclusively since the parties' separation and eventually with her current spouse. E. Plaintiff would pay indefinite alimony and reasonable counsel fees to Defendant. Respectfully submitted, Date: March 2, 2012 GOLDBERG KATZMAN, P.C. C(. fz l Paul J. ey Ip. o o Attorn #25454 4250 Crums Mill Road P. O. Box 6991 Harrisburg, PA 17112 (717) 234-4161 Attorney for Defendant 7 VERIFICATION I verify that the statements contained in the foregoing Defendant's Pre-Trial Statement are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 0 3 /Oa? 0. o t?:L_ U Lz,6_,_ DAVID E. RALP CERTIFICATE OF SERVICE On this 2"d day of March, 2012, I certify that a copy of the foregoing was served upon the following party or counsel of record by delivery same addressed as follows in the manner indicated: VIA FIRST CLASS MAIL Diane G. Radcliff, Esquire 3448 East Trindle Road Camp Hill, PA 17011-4438 VIA HAND DELIVERY E. Robert Elicker, Esquire, Divorce Master 9 North Hanover Street Carlisle, PA 17013 GOLDBERG KATZMAN, P.C. Paul J. po ' o Supre e C urt ID #25454 Attorneys_for Defendant Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 4250 Crums Mill Road P. O. Box 6991 Harrisburg, PA 17112 (717) 234-4161; (717) 234-6808 (facsimile) Counsel for Defendant DEBRA E. RALPH, IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO.: 95-1889 V. CIVIL ACTION - LAW DAVID E. RALPH, IN DIVORCE Defendant Income and Expense Statement INCOME STATEMENT OF David E. Ralph I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject U )Ake criminal penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 03 a.?.?ao c ? Date * Income: Employer Defense Logistics Agency/Department of Defense Address 2001 Mission Drive, New Cumberland, PA Type of Work Distribution Process Worker $1,355.90 Gross Pay 2012 year to date through 2/11/12 Pay Period Biweekly Itemized Pav roll Deductions: Federal Withholding $ Social Security $18.85 Local Wage Tax $7.63 State Income Tax $13.77 TSP $94.92 Savings Bonds $ Credit Union $ Life Insurance $19.35 Health Insurance $795.36 Other Deductions (specify) FERS $10.85 Dental Insurance $111.72 Medicare $6.51 Tax LST $6.00 Net Pay 2012 year to date through 2/11/12 $ 270.94 *Defendant continues to suffer from a variety of medical conditions. This has had a significant impact on his ability to work. Consequently, his employer has initiated the process of removing him from his position and terminating his federal employment. Defendant is appealing this determination, notice of which he received on February 15, 2012, and intends to seek Early Retirement Disability. Defendant is also in the process of obtaining SSD benefits. 100587901; vl; Defendant does work as his medical condition permits; however, his income has been reduced, including having had zero income for the pay period ending February 11, 2012. Defendant's gross income for 2011 was $10,866.38. Defendant's gross income for 2012, through February 11, 2012, was $1,355.90. (Pay stubs are attached.) EXPENSES MONTH YEAR Home Mortgage/Rent $800.00 Maintenance Utilities Electric $58.00 Gas $47.00 Oil Cable $62.00 Cell Phone $50.00 Internet $33.99 Water/Sewer $21.00 Sewer Employment Public Transportation Lunch Taxes Real Estate; Personal Property Income (Federal Income Tax) PA State Income Tax Local Income Tax Insurance Renters $10.00 $120.00 100587901, v1) EXPENSES (cont'd) MONTH YEAR Automobile $46.67 $560.00 Life $47.42 $569.08 Accident Health Other (dental) (Plaintiff and children) Automobile Payments Fuel $126.00 Repairs/Maintenance $29.17 $350.00 Medical Doctor $333.33 $4,000.00 Dentist $16.67 $200.00 Orthodontist Hospital Medicine (prescriptions) (non-prescription) (Defendant and daughter) $275.00 $24.13 $3,300.00 $289.59 Special needs (glasses, braces, orthopedic devices) $29.68 $356.14 Education Private School Parochial School College Religious Personal Clothing $33.33 $400.00 Food $150.00 Barber/Hairdresser $16.00 Credit Payments/Loans Credit Card Charge Account $300.00 Memberships {00587901; v1} EXPENSES (cont'd) MONTH YEAR Miscellaneous Household Help Child Care Papers/Books/Magazine Entertainment $14.58 $175.00 Pay TV Vacation $25.00 $300.00 Gifts $45.83 $550.00 Legal Fees Charitable Contributions (Church) $30.58 $367.00 Child Support $269.00 $3,228.00 Alimony Payments (APL) Other Barber License $2.80 $33.50 Cosmetology License $1.50 $18.00 TOTAL EXPENSES $2,898.68 t00587901;vl) DEPARTMENT OF DEFENSE 1. Pay Period End 12/17/11 CIVILIAN LEAVE AND EARNINGS STATEMENT 2. Pay Date VISIT THE DFAS WEB SITE AT: WWW.DFAS.MIL 12/23/11 3. Name 4. Pay Plan/Grade/Step 5. Hourly/Daily Rate 6. Basic OT Rate 7. Basic Pay + Locality Adj = Adjusted Basic Pay RALPH DAVID E WG 05 04 19.37 29.06 8. Soc Sec No 9. Locality % 10. FLSA Category 11. SCD Leave 12. Max Leave Carry Over 13. Leave Year End ###-##-9098 N 11/29/04 240 12/31/11 14. Financial Institution - Net Pay 15. Financial Institution - Allotment #1 16. Financial Institution - Allotment #2 MEMBERS 1ST FCU 17. Tax Marital Exemptions Add'I 18. Tax Marital Exemptions Add'I Taxing Authority 19. Cumulative Retirement 20. Military Deposit Status Status FED M 0 0 420861 S 000000 0 FAIRVIEW TWP NR FERS: 1557.74 PA M 0 0 422723 S 000000 0 UPPER ALLEN TS 21. Current Year to Date 22. GROSS PAY 435.80 10866.38 TSP DATA 7$ TAXABLE WAGES 181.95 5729.38 NONTAXABLE WAGES 226.73 4402.73 TAX DEFERRED WAGES 27.12 734.27 DEDUCTIONS 287.18 6265.70 AEIC NET PAY 148.62 4600.68 CURRENT EARNINGS PE HOURS/DAYS AMOUNT TYPE HOURS/DAYS AMOUNT TYPE HOURS/DAYS AMOUNT REGULAR PAY 20.00 387.40 SUNDAY PREM 10.00 48.40 DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE FEGLI CO 6.45 154.80 FEHB 105 199.20 3173.06 MEDICARE 3.03 93.72 OASDI 8.78 271.47 PRE FEHB COL 597.60 RETIRE, FERS K 3.10 83.93 TAX, FEDERAL 168.54 TAX, LST 420861 2.00 48.00 TAX, LOCAL 422723 3.55 109.83 TAX,LOC OCC 420861 TAX, STATE PA 6.42 198.41 TSP SAVINGS 27.12 734.27 DENTAL 27.53 632.07 LEAVE PE PRIOR YR ACCRUED ACCRUED USED USED DONATED/ CURRENT USE-LOSE/ BALANCE PAY PD YTD PAY PD YTD RETURNED BALANCE TERM DATE. ANNUAL 12.00 6.00 42.00 36.00 18.00 SICK 4.00 4.00 28.00 1.00 26.50 5.50 HOLIDAY 30.00 ADMIN 2.00 LWOP 1508.50 AWOL 60.00 BENEFITS PAID BY GOVERNMENT FOR YOU TYPE CURRENT YEAR TO DATE TYPE CURRENT YEAR TO DATE FEGLI 3.23 77.52 FEHB 403.98 10475.54 MEDICARE 3.03 93.72 OASDI 12.97 400.75 RETIRE, FERS 46.10 1228.75 TSP BASIC 3.87 104.89 TSP MATCHING 15.50 419.58 REMARKS YOUR PAYROLL OFFICE ID NUMBER IS 97380500 - DEPARTMENT OF DEFENSE. PLEASE SUPPORT YOUR COMBINED FEDERAL CAMPAIGN GOING ON NOW DFAS IS NOW ON FACEBOOK AT WWW.FACEBOOK.COM/DEFENSEFINANCEANDACCOUNTINGSERVICE PRETAX FEHB EXCLUSION $ 199.20 DEDUCTION ADDED/CHANGED FOR VISION AND/OR DENTAL CARE. RETROACTIVE TIME AND ATTENDANCE ADJUSTMENTS PROCESSED. THIS REPORT CONTAINS INFORMATION SUBJECT TO THE PRIVACY ACT OF 1974 AS AMENDED .i DEPARTMENT OF DEFENSE 1. Pay Period End 02/11/12 CIVILIAN LEAVE AND EARNINGS STATEMENT 2. Pay Date 02/17/12 VISIT THE DFAS WEB SITE AT: WWW.DFAS.MIL 3. Name 4. Pay Plan/Grade/Step 5. Hourly/Daily Rate 6. Basic OT Rate 7. Basic Pay + Locality Adj = Adjusted Basic Pay RALPH DAVID E WG 05 04 19.37 29.06 8. Soc Sec No 9. Locality % 10. FLSA Category 11. SCD Leave 12. Max Leave Cary Over 13. Leave Year End ###-##-9098 N 11/29/04 240 01/12/13 14. Financial Institution - Net Pay 15. Financial Institution - Allotment #1 16. Financial Institution - Allotment #2 MEMBERS 1ST FCU 17. Tax Marital Exemptions Add'1 18. Tax Marital Exemptions Add'I Taxing Authority 19. Cumulative Retirement 20. Military Deposit Status Status FED M 0 0 420861 S 000000 0 FAIRVIEW TWP NR FERS: 1568.59 PA M 0 0 422723 S 000000 0 UPPER ALLEN TS 21. Current Year to Date 22. GROSS PAY 1355.90 TAXABLE WAGES 353.90 NONTAXABLE WAGES 907.08 TAX DEFERRED WAGES 94.92 DEDUCTIONS 1084.96 AEIC NET PAY 270.94 CURRENT EARNINGS TYPE HOURS/DAYS AMOUNT TYPE HOURS/DAYS AMOUNT TYPE HOURS/DAYS AMOUNT DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE. FEGLI CO 19.35 FEHB 105 596.16 MEDICARE 6.51 OASDI 18.85 PRE FEHB COL 199.20 RETIRE, FERS K 10.85 TAX, FEDERAL TAX, LST 420861 6.00 TAX, LOCAL 422723 7.63 TAX,LOC OCC 420861 TAX, STATE PA 13.77 TSP SAVINGS 94.92 DENTAL 111.72 LEAVE TYPE PRIOR YR ACCRUED ACCRUED USED USED DONATED/ CURRENT USE-LOSE/ BALANCE PAY PD YTD PAY PD YTD RETURNED BALANCE TERM DATE ANNUAL 22.00 6.00 28.00 SICK 4.50 4.00 8.50 HOLIDAY 20.00 LWOP 200.00 AWOL 80.00 BENEFITS PAID BY GOVERNMENT FOR YOU TYPE CURRENT YEAR TO DATE TYPE CURRENT YEAR TO DATE: FEGLI 9.69 FEHB 414.35 1647.03 MEDICARE 6.51 OASDI 27.83 RETIRE, FERS 161.35 TSP BASIC 13.55 TSP MATCHING 54.24 REMARKS YOUR PAYROLL OFFICE ID NUMBER IS 97380500 - DEPARTMENT OF DEFENSE. STILL GETTING YOUR LEAVE AND EARNINGS STATEMENT IN THE MAIL? YOU COULD GET YOUR STATEMENT SOONER ON MYPAY, AND IT WON'T GET STOLEN OR LOST IN THE MAIL. WHY WAIT? LOGIN TO MYPAY AND SELECT "TURN OFF HARD COPY LES" TO MAKE THE SWITCH TO E-LES TODAY. VISIT IRS.GOV FOR D ETAILS ON HOW TO FILE YOUR FEDERAL TAXES FOR FREE. CASH PAYMENT PROCES SED FOR FEHB. FEHB PREMIUM HAS BE EN PREPAID BY YOUR AGENCY DUE TO INSUFFICIENT PAY. THIS DEBT MUST BE REPAID EXCEPT FOR THOSE ELIGIBLE RESERVISTS IN SUPPORT OF CONTINGENCY OPERATIONS. DEDUCTION ADDED/CHANGED FOR VISION AND/OR DENTAL CARE. r nis REI'URr uowAINt3 INFORMATION SUBJECT TO THE PRIVACY ACT OF 1974 AS AMENDED nF rj;7L7c't R Of 8: 39 rUtlBERL PENNS ?L NO, UUNT NI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH , now by remarriage DEBRA ECKSTINE-WEIDNER, Plaintiff V. DAVID E. RALPH, Defendant NO. 95-1889 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RULE 1920.33 PRE-TRIAL STATEMENT Submitted by: Plaintiff, Debra Eckstine-Weidner PREVIOUSLY ASSIGNED JUDGE The Honorable Kevin R. Hess DIVORCE MASTER E. Robert Elicker, II, Esquire APPEARANCE FOR PLAINTIFF Diane G. Radcliff, Esquire (Supreme Court ID No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 Email: dianeradcliffa-comcast. net APPEARANCE FOR DEFENDANT Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 • Harrisburg, PA 17108' Phone: (717) 234-4161 Fax: (717) 234-6808 Email: ple@goldbergkatzman.com Date: March 1, 2012 ANE RADCLI ESQUIRE 4 INFORMATIONAL NOTES 1. The values used in the various Tables herein may be based on estimated values. Those estimated values are subject to adjustment upon appraisal or otherwise. 2. Any adjustment figure(s) that appear in the various Tables herein are for illustration purposes only and are not to be deemed a representation that an adjustment should be made or that the amount of the adjustment, is appropriate. ABBREVIATIONS H .......................... Husband W .......................... Wife C .......................... Child or Children A .......................... Appraisal S .......................... Stipulation Est .......................... Estimate G .......................... Gift .......................... Inheritance NM .......................... Non-Marital Property KBB .......................... Kelley Blue Book Value NADA .......................... NADA Value TIV .......................... Trade in Value PPV .......................... Private Party Value RE .......................... Real Estate V .......................... Vehicle INV .......................... Investment CD .......................... Certificate of Deposit ACT .......................... Account INS .......................... Insurance B .......................... Business PSP .......................... Profit Sharing Plan PEN .......................... Pension Plan RET .......................... Retirement Plan HG .......................... Household Goods D .......................... Debt 2 SECTION I. BACKGROUND INFORMATION The following Table #1 sets forth the background information relevant to this case: TABLE #1-A PARTIES DESCRIPTION HUSBAND WIFE' Name David E. Ralph Debra E. Ralph (Debra Eckstine-Weidner) Maiden Name N/A Eckstine Address 121-A S. Chestnut Street Mechanicsburg, PA 17055 555 Harvest Lane Mechanicsburg, PA 17055 Date of Birth 11/8/1955 9/30/1958 Age 56 53 Health Status Poor Good Educational Background High School Graduate + 2 years college High School Graduate + 15 credits PS Names and Relationship of Persons Living with Party None Paul Weidner (husband) Denae E. Ralph (daughter) Date Moved to Current Home June 2008 2002 Date PA Residency Began 1989 Entire Life Current Military Service N/A N/A Number of Marriages 2nd 2nd Employer DDSP New Cumberland, PA Self-Employed TABLE #1-B MARRIAGE INFORMATION DESCRIPTION' INFORMATION Date of Marriage 11/4/1989 Place of Marriage Dillsburg, PA Date of Separation 08/26/2006 Grounds for Divorce 3301(c); 3301(d) Prior Divorce Actions Between Parties None TABLE #1-C CHILDREN OF THIS MARRIAGE NAME AGE DATE OF SCHOOL CUSTODIAN OR BIRTH GRADE EMANCIPATION Denae E. Ralph 15 06/26/1996 9T" Debra E. Ralph (Debra Eckstine-Weidner) TABLE #1-D SUPPORT FOR THIS MARRIAGE DESCRIPTION INFORMATION Party Paying Support David E. Ralph Beneficiaries of Support Denae E. Ralph Amount of Support $269.00/Month Date of Agreement or Order December 6, 2010 Docket Number of Support Order 340 Support 2010 TABLE #1-E CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES PARTY NAME OF CHILD DATE OF BIRTH AGE CUSTODIAN OR EMANCIPATION Wife Danielle 3/17/1984 27 Emancipated Husband Derrick 2/28/1980 31 Emancipated Husband Danielle 08/1987 24 Emancipated TABLE #1-F SUPPORT/ALIMONY FOR PRIOR MARRIAGES/RELATIONSHIP DESCRIPTION INFORMATION INFORMATION Name of Person Paying Support N/A N/A Beneficiaries of Support N/A N/A Date of Agreement or Order N/A N/A Docket Number of Support Order N/A N/A Comments: N/A N/A TABLE #1-G PROCEEDINGS INFORMATION: COMPLAINT Complaint Filing Date 04/02/1995 Date of Service 04/13/1995 Manner of Service Sheriff Type of Divorce Requested 3301(c); 3301(d) Economic Claims Raised Equitable Distribution; ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS Type of Pleading Petition for Alimony, Alimony Pendente Lite, Counsel Fees and Costs Pleading Filing Date 09/22/2009 Type of Divorce Requested N/A Economic Claims Raised Alimony, Alimony Pendente Lite, Counsel Fees & Costs INCOME AND EXPENSE STATEMENTS Plaintiff's I&E Statement Filing Date 06/10/2010 Defendant's I&E Statement Filing Date None Filed INVENTORIES Plaintiff's Inventory Filing Date 06/10/2010 Defendant's Inventory Filing Date None filed DIVORCE DECREE DOCUMENTS Date of Bifurcated Divorce Decree 10/06/2009 SECTION II. MARITAL ASSETS AND DEBTS The following Table #2 sets forth the listing of the marital assets and debts of the parties: TABLE #2 DEBRA ECKSTINE-WEIDNER v. DAVID RALPH • DOM: 1110411989 • DOS: 4/112007 Date Prepared: March 1, 2012 A C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calc Value Husband Wife REAL ESTATE AND REAL ESTATE MORTGAGES RE-1 555 Harvest Lane -- Sell Sell Sell RE-1 Comments: • To account for Wife's assumption of the marital debt, Wife will receive all of the proceeds RE-2 203 Maplewood Est 151.000.00 151,000.00 RE-2 151,000.00 RE-3 107 E. Main Street 3.16.11 112,000.00 RE-3 Members 1s1 Blkt Mtg 4.24.09 154( '303.68) RE-3 107 E Main St. Equity 42 3(03 68) (42,303.68) RE-3 Comments: • See Note 2 RE-4 11-17 RR Ave DOS Est 250,000.00 RE-4 Members 1 sl Blkt Mtg 4,24.09 (231,455.51) RE-4 11-17 RR Ave DOM 6.1.89 (150,000.00) RE-4 Members 1s1 Mtg DOM 6.1.89 120,000.00 RE-4 11-17 RR Ave NMD 11 455.51 (11,455.51) RE-4 Comments: • See Note 3 RE-5 10-12 S. Market St RE-5 Comments: • See Note 4 2009 123,650.00 WNM RE-6 W's Time Share -- TBD RE-6 Comments: • W claims unit has no value TBD (42,303.68) (11,455.51) WNM TBD 7 TABLE #2 DEBRA ECKSTINE-WEIDNER v. DAVID RALPH • DOM: 1110411989 • DOS: 41112007 Date Prepared: March 1, 2012 A C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calc Value Husband Wife MOTOR VEHICL ES AND VEHI CLE LIENS V-1 W's 02 Chevy Ventura 2009 3,700400 3,700.00 3,700.00 V-1 Comments: • Vehicle has dam age of $2,000 V-2 W's 98 Subaru Outback 3.9.09 4,250.00 4,250.00 4,250.00 V-2 V-3 W's 97 Chevy Blazer Est. 1,000.00 1,000.00 1,000.00 V-3 V-4 H's 2001 Acura 9,11.09 7,145.00 7,145.00 7,145.00 V-4 Comments: • KBB TIV Good V-5 Tractor (Sold) 11.6.08 6,500.00 6,500.00 6,500.00 V-5 Comments: • Sold by husband V-6 1979 Datsun TBD TBD TBD V-6 Comments: • See Note 5 CASH, CHECKING AND SAVINGS ACCOUNTS, MONEY MARKET AND SAVINGS CERTIFICATES A-1 Members 1s' #7004 3.31.07 7,599.46 Checking DOS A-1 #7004 Savings DOS 3.31.07 100.42 A-1 #7004 Mny Mgt DOS 3.31.07 15,499.46 A-1 Harris # 1087 DOM 11.04.89 (43,723.31) A-1 Members 1st #7004 -- 20 523.97 (20,523.97) (20,523.97) A-1 Comments: • Wife's Account. - See Note 6 8 TABLE #2 DEBRA ECKSTI E-WEIDNER v. DAVID RALPH • DOM: 1110411989 • DOS: 4/112007 Date Prepared: March 1, 2012 A C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calc Value Husband Wife A-2 Members 1 s' #2632 Sav 3.31.07 5.07 A-2 Members 1s1 #2632 CD 3.31.07 5,066.37 A-2 Total Value #2362 3.31.07 5,071,44 A-2 '/2 of Value #2362 -- 2,535.72 2,535.72 A-2 Comments: • Wife's 's account held jointly with daughter, Danae A-3 Member's 1 ' #1272 Sav 3.31.07 505.96 A-3 Member's 1 s` #1272 CD 3.31.07 1,805.23 A-3 Net Value #1272 3.31.07 2,311.19 A-3 '/z of Value #1272 -- 1,155.60 1,155.60 A-3 Comments: • Wife's account held jointly with granddaughter, Lanie Swanger A-4 Members 1 st # 8366 3.31.07 312.62 Checking A-4 Savings 3.31.07 258.34 A-4 Vacation Club 3.31.07 100.33 A-4 Total #8366 Lines 42:44 671.29 671.29 671.29 A-4 A-5 Members 1st # 7187 3.25.07 0.05`' " Checking A-5 Members 1st #7187 3.25.07 10.74 Saving A-5 Total Value #7187 3.25.07 10.79 A-5 '/z of Total Value #7187 -- 5.40 5.40 5.40 A-5 Comments: • Husband's account held jointly with son, Derek 2,535.72 1,155.60 9 TABLE #2 DEBRA ECKSTINE-WEIDNER v. DAVID RALPH • DOM: 1110411989 • DOS: 41112007 Date Prepared: March 1,2012 A C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calc Value Husband Wife LIFE INSURANCE POLICIES INS-1 W's Prudential #8814 4.1.07 13,939.05 INS-1 Less Loan 4.1.07 (5,530,23) INS-1 Net Value #8814 -- 1408.82 8,408.82 8,408.82 INS-1 INS-2 W's Prudential # 0157 4.1.07 23,535.14 INS-2 Less Loan 4.1.07 10! ,672.45 INS-2 Net Value #0157 -- 12,862.69 12,862.69 12,862.69 INS-2 INS-3 W's Prudential # 348 4.30.07 10,532.92 INS-3 Loan 4.30.07 1 7(, 65.14) INS-3 Net Value #348 -- 8,767.78 8,767.78 8,767.78 INS-3 INS-4 W's Baltimore Life 3445 4.6.07 13,495.51 13,495.51 13,495.51 INS-4 INS-5 W's Prudential # 8224 3.20.09 869.24 869.24 869.24 INS-5 Comments: • This is the po licy on Denae's l ife; Wife is owner of policy INS-6 W's Prudential # 7061 3.20.09 3.258.83 3,258.83 3,258.83 INS-6 Comments: • This is the po licy on Danielle's life; Wife is owner of policy INS-7 H's Union Central 12.9.06 2 360.66 2,360.66 2,360.66 #1679 INS-7 INS-8 H's Hartford #2934 12.9.06 2,360.66 2,360.66 2,360.66 10 TABLE #2 DEBRA ECKSTINE-WEIDNER v. DAVID RALPH • DOM: 11104/1989 • DOS: 41112007 Date Prepared: March 1, 2012 A C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calc Value Husband Wife BUSINESSES B-1 Just Kidn, Inc. - DeRielle 0.00 0.00 0.00 Cosmotology Academy B-1 Comments: • Wife claims business has no value B-2 Danie Floral Corp WNM WNM B-8 Comments: • NKA "Revelations" Wife non-marital business excluded by agreement PROFIT SHARING, PENSION PLANS AND RETIREMENT PLANS RET-1 W's F&M Tst IRA #5000 3.30.09 41,922.38 41,922.38 RET-1 RET-2 H's F& M Trust IRA 6.30.09 26`631.90 26,631.90 26,631.90 RET-2 RET-3 H's TSP Plan 9.30.09 9,364.39 9,364.39 9,364.39 RET-3 RET-4 H's FERS 9,600.00 9,600.00 9,600.00 RET-4 WNM 41,922.38 TOTAL ASSETS 243,582.71 64,639.30 178,943.41 11 TABLE #2 DEBRA ECKSTINE-WEIDNER v. DAVID RALPH • DOM: 11104/1989 • DOS: 41112007 Date Prepared: March 1, 2012 A C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calc Value Husband Wife LOANS, CREDIT CARDS AND OTHER DEBTS D-1 Marital Home Debts D-1 4.1.07-6.30.08 07-08 (80,761.18) D-1 7.1.08-12.31.08 2008 (77,546.21) D-1 2009 2009 (50,738.86) D-1 2010 2010 (47,902.52) D-1 1.1.11-4.30.11 2011 (15,162.00) D-1 5.1.11-12.31.11 2011 TBD 1.1.12- Hearing Date 2012 TBD D-1 Total M.Home Debts (272,110.77) (272,110.77) D-1 Comments: • See Analysis Exhibit for itemization • Amounts to be updated to date of hearing D-2 Unpaid Taxes D-2 Unpaid Taxes RR Ave 7.1.09-4.8.11 (18,868.09) D-2 Unpd Taxes Maplewood 7.1.09-4.8.11 (5,743.57) D-2 Unpaid Taxes Main St 7.1.09-4.8.11 (7,766.27) D-2 Unpaid Taxes Mkt. St 7.1.09- (4,904.23) 12.31.11 D-2 Total Unpaid Taxes -- (37,282.16) (37,282.16) D-2 • Amounts to be updated at date of hearing - See Analysis Exhibit for itemization TOTAL-DEBTS -- 309( ,392.93) (272,110.77) (37,282.16) (309,392.U3 12 - TABLE #2 DEBRA ECKSTINE-WEIDNER v. DAVID RALPH • DOM: 11/0411989 • DOS: 411/2007 Date Prepared: March 1, 2012 A C D E F G Binder Description Date Net Value Distribution Distribute to Distribute to Calc Value Husband Wife SUMMARY Description Total Above H Above W Above % to H % to H Asset Total 243,582.71 64,639.30 178,943.41 26.54% 73.46% Debt Total 309 392.93 0100 309( ,392.93) 0.00% 100.00% Net Estate Totals 65 8(10 23) 64,639.30 130( -- -- SUGGESTED ADJUSTMENTS BASED ON PERCENTAG ES ADJUSTMENTS TO ACHIEVE 50150 DIVISION Description Total Above H Above W Above Adj H Adj W Adj. 50/50 of Assets 243.582.71 64,639.30 178,943.41 57.152.05 57152.05 Adj. 50/50 Debts 309 392.93 0.00 309( ,392.93) (154,696,47) 154,696.47 Adj. 50/50 Net Estate (65,810.23) 64,639.30 (130,449.53) (97,544.41) 97,544.41 Husband owes Wife 13 SECTION III. LISTING OF HOUSEHOLD GOODS AND CONTENTS The following Tables #3-A and # 3-13 set forth the household goods and contents and other personal property of the parties: ' Plaintiff does not believe there is or will be a dispute as to the parties household goods and contents and therefore, Tables #3-+A and #3-13 have not been completed. TABLE #3-A HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN HUSBAND'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE EXCLUSION BASIS IF NON-MARITAL Not in Dispute H & W Husband TABLE #3-B HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY IN WIFE'S POSSESSION NO. DESCRIPTION OWNER POSSESSOR VALUE EXCLUSION BASIS IF NON-MARITAL Not in Dispute H & W Wife ' Exclusions from marital property include property acquired before marriage, property acquired after separation, or property acquired during marriage by way of gift or inheritance from third party not a spouse. For gifts and inheritance also specify the source person. 14 IV. ANTENUPTIAL AND POST NUPTIAL AGREEMENTS Prior to and during the marriage the parties entered into various agreements and executed a deed described and summarized as follows: 1. November 12, 1989 Antenuptial Agreement The following is a summary of the terms of that Agreement: Wife's businesses to remain her separate property. These business include: (1) Debbie Enterprises, Inc. (2) Danie's Floral Corporation (Revelations - the Salon) This corporation is solely owned by Debbie Enterprises; (3) Danie Mane Corporation (the Beauty School ) Now taken over by Danie Floral Corporation, now trading as Just Kid'n, Inc.); (4) Just Kid'n, Inc (Successor School) (5) Debbie Corporation (No longer exists); (6) Debielle Corporation (No longer exists); (7) Morningstar Corporation (No longer exists); (8) A Maternal Touch (sole proprietorship - retail store - established in 1997-98 (?), basically non-operational). ii. If David becomes the owner of any stock in the foregoing businesses, that stock shall be his separate property. iii. 11-17 Railroad Ave, Mechanicsburg, PA and an account with Harris is acknowledged to be Wife's premarital property. iv. The 8 acres and home on Bumblebee Hollow Road are acknowledge to be Wife's premarital property. Wife is to receive the value of that property at time of marriage and the parties equally divide appreciation from marriage to separation. Ownership of marital home goes to Wife when Husband gets payment. 2. July 21, 2000 Agreement The following is a summary of the terms of that Agreement: This Agreement modified the 11/12/89 Agreement as it pertains to sale of Bumblebee Hollow and a new residence. ii. From Bumblebee Hollow Road property Wife is to receive the value as of the date of marriage + 50% of appreciation and Husband is to receive 50% of appreciation. 15 iii. Each parties' interest in Bumblebee Hollow Road property shall at all times be that party's sole and separate property. iv. The Agreement specifically references that all or some of the money may be used to buy the building lot and construct new residence. 3. February 1, 2001 Agreement attached and incorporated by referenced hereto). The following is a summary of the terms of that Agreement: Bumblebee Hollow property sold; Wife is to pay Husband $65,000 upon settlement on mortgage on Lisburn Meadows property. iii. Wife gives up interest in Toyota; iv. Husband waives interest in Bumblebee Hollow 4. Deed recorded in Book 213, Page 767: 10-12 S. Market St, Mechanicsburg, PA:. The following is a summary of the terms of that Deed: This property acquired in the parties' joint names on 1/23/1995 (Book 117, page 953) from funds solely provided by wife. This property was transferred into Wife's sole name on 5/25/1995 (Book 213, Page 767) in which Husband acknowledged that property is not marital property and is excluded by valid agreement. A dispute has arisen, or may arise, regarding the validity of the foregoing deed and agreements and the effect of that deed and those agreements on the equitable distribution of the parties' marital assets. Wife's position regarding the validity and effect of the Agreements and Deed is as follows: (A) By virtue of the November 12, 1989 Prenuptial Agreement, Wife's various businesses are her separate property and are not subject to equitable distribution. (B) By virtue of the November 12, 1989 Prenuptial Agreement, the property known as 11-17 Railroad Ave, Mechanicsburg, PA is be Wife's premarital property and the value of that property as of the date of marriage is Wife's separate property and not subject to equitable distribution (C) By virtue of the November 12, 1989 Prenuptial Agreement, Wife's account with Harris is Wife's premarital property and the balance in that account as of the date of marriage is Wife's separate property and not subject to equitable distribution. (D) By virtue of the various Agreements the value of the property known as Bumblebee Hollow Road, with the exception of $65,000, that was rolled over into jointly owned property remains Wife's separate property and is not subject to equitable distribution. 16 (E) By virtue of the various Agreements Husband's marital interest in the property known as Bumblebee Hollow Road, is $65,000, which was rolled over into jointly owned property remains Husband's separate property and is not subject to equitable distribution. (F) By the deed recorded in Book 213, Page 767, Husband waived his rights to the property located at 10-12 S. Market Street, Mechanicsburg, PA. As a result the property located at 10-12 S. Market Street, Mechanicsburg, PA. is not marital property and is not subject to equitable distribution marital property, being excluded by valid agreement and shall in all respects be Wife's sole and separate property free and clear of claims of Husband. 17 SECTION VI. INCOME AND EXPENSES The following Table #6-A sets forth the incomes of each party as reported on his or her filed Income and Expense Statement: TABLE #6-A INCOME OF THE PARTIES PARTY INCOME DATE OF FILING OF INCOME STATEMENT Husband Unknown None Filed Wife 271711/yr w/o depreciation deduction 6/10/10 based on2009 Income Tax Return The following Table #6-B sets forth the total monthly expenses of each party as reported on his or her filed Income and Expense Statement: TABLE #6-B MONTHLY EXPENSES OF THE PARTIES PARTY TOTAL MONTHLY EXPENSES DATE OF FILING OF I& E STATEMENT Husband Unknown None Filed Wife $7,685.55/mo 6/10/10 18 SECTION VII. COUNSEL FEES The following Table #7 sets forth the listing of Plaintiff-Wife's counsel fees and expenses. TABLE #7 WIFE'S COUNSEL FEES AND COSTS DESCRIPTION DATES, BILLS AND CHARGES Period Services Were Rendered 12/14/10 to Present Hourly Rate $200 through 12/31/11 $250.00 effective 1/1/12 Total Amount of Fees and Costs through 1/31/12 $21,852.64 Anticipated Fees and Costs $5,000 Itemization of Services Rendered See Exhibit Section 19 SECTION VIII. EXPERT WITNESSES The following Table #8 sets forth the listing of experts the party intends to call to testify in this case: TABLE #8 EXPERT WITNESSES NAME SUBJECT OF REPORT REPORT TO BE TESTIMONY ATTACHED SUPPLIED Experts who prepared any To be determined Report is attached if If not currently report referenced in the and to extent such available, Report to Proposed Exhibits in report is referenced be supplied as soon Section XI. in Exhibit Section. as available Plaintiff reserves the right to call additional expert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. SECTION IX. OTHER WITNESSES The following Table #9 sets forth the listing of lay witnesses the party intends to call to testify in this case: TABLE #9 LAY WITNESSES NAME SUBJECT OF TESTIMONY Debra Ecstine-Weidner History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the divorce code Plaintiff reserves the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. 20 SECTION XI. PROPOSED RESOLUTION The following is Plaintiffs proposed resolution of the issues presented in this case: 1. EQUITABLE DISTRIBUTION: (A) Distribution of Marital Assets and Debts: The parties' marital assets and debts should be divided in accordance with the following Distribution Table, subject, however, to the "Adjustments" to be made in accordance with the provisions of subparagraph (B): The rest of this page is left blank so that the Distribution Schedule can appear on a single page. 21 WIFE'S PROPOSED DISTRIBUTION SCHEDULE Distribution to Wife Distribution to Husband Description Net Marital Description Net Marital Value Value 555 Harvest Lane TBD H's 2001 Acura 7,145.00 203 Maplewood 151,000.00 Tractor (Sold) 6,500.00 107 E Main St. Equity (42,303.68) 1979 Datsun TBD 11-17 RR Ave NMD (11,455.51) Members 1St # 8366 671.30 10-12 S. Market St WNM Members 1s'# 7187 5.40 W's Time Share TBD H's Union Central #1679 2,360.66 W's 02 Chevy Ventura 3,700.00 H's Hartford Life #2934 2,360.66 W's 98 Subaru Outback 4,250.00 H's F& M Trust IRA 26,631.90 W's 97 Chevy Blazer 1,000.00 H's TSP Plan 9,364.39 Members 1st #7004 (20,523.97) H's FERS 9,600.00 Members 1St #2632 2,535.72 Subtotal H's Assets 64,639.31 Members 1St #1272 1,155.61 W's Prudential #8814 8,408.82 W's Prudential # 0157 12,862.69 W's Prudential # 348 8,767.78 W's Baltimore Life #3445 13,495.51 W's Prudential # 8224 869.24 W's Prudential # 7061 3,258.83 Just Kidn, Inc. - DeRielle 0.00 Cosmotology Academy Danie Floral Corp - WNM Revelations W's F&M Trust IRA #5000 41, 922.38 Subtotal W's Assets 178,943.42 Total M. Home Debts (272,110.77) Total Unpaid Taxes (37,282.16) Subtotal Debts (309,392.93) SUMMARY Assets to Wife 178,943.42 Assets to Husband 64,639.31 Debts to Wife (309,392.93) Debts to Husband 0.00 Net to Wife (130,449.511 Net to Husband 64,639.31 22 (B) Adjustments: The parties' marital assets and debts are to be divided on a 50/50 basis. To achieve that division if the assets and debts are divided in accordance with the foregoing distribution schedule, husband owes wife the amount of $97,544.41. That payment would be made from husband's share of the proceeds from the sale of the Harvest Lane Property, and if his share of the proceeds are not sufficient to make that payment, then by way of tax free roll over from Husband's H's F& M Trust IRA and if necessary his H's TSP Plan into an IRA account for Wife (C) Miscellaneous Distribution Terms: 1. Harvest Lane Real Estate. The Harvest Lane Property shall continued to be listed for sale with a mutually agreeable real estate broker. The parties shall hereafter market and sell the Real Estate at the best price obtainable, the parties further agreeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker. Upon the sale and settlement of the Real Estate, the net proceeds derived, after payment of the Mortgage shall be divided and distributed as follows: a. Payment to Wife in an amount equal to 50% of the net proceeds plus the amount of $97,544.41; b. Payment to Husband of the amount equal to 50% of the net proceeds minus $97,544.41. 2. Waiver of Beneficiary Designation. Unless otherwise specifically set forth in this Order, neither party shall have any beneficiary rights NOR any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Order, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and by the terms of this Order any beneficiary designations naming the other party which are in effect as of the date of this order are revoked and null and void. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 3. 4. ALIMONY: Husband claim for alimony is denied. COUNSEL FEES AND COSTS: Husband's claim for counsel fees and costs is denied 23 SECTION XI. PROPOSED EXHIBITS The following Table #11 sets forth the exhibits the party intends to submit at the hearing in this case. Plaintiff reserves the right to submit additional exhibits upon proper notification to the other party TABLE #11 LISTING OF EXHIBITS No. Exhibit Description Attached Previously Provide To be provided or updated to HearingDate WIFE'S INCOME AND EXPENSES 1 Wife's I&E Statement X X 2 Wife's 20111099s and the like 3 Wife's 2010, or if available 2011, Federal Income Tax Return X 4 Wife's 2011, or if available 2012, Social Security Benefit Statement X 5 12/6/2010 Support Order X Attorneys Fees and Costs 6 Summary & Itemized Attorney's Fees Bill X Marital Agreements and Related Documents 7 Nov. 12, 1989 Antenuptial Agreement X 8 July 21, 2000 Agreement X 9 February 1, 2001 Agreement X 10 Deed recorded in Book 213, Pg 767 X 11 Bumblebee Hollow Road Summary, plans deeds, improvements, etc X 12 Simons Road Documents - Deeds and Settlement Statements X Assets 13 Harvest Lane Deed X 14 Harvest Lane Mortgage Statements X 15 Harvest Lane Listing Agreement X 16 Maplewood Ave Deed X 17 Maplewood Ave Settlement Sheet X 24 TABLE #11 LISTING OF EXHIBITS No. Exhibit Description Attached Previously Provide' To be provided or updated to Hearing Date 18 Maplewood Ave Tax Assessment and/or Appraisal X 19 RR Acquisition Settlement Sheet X 20 RR Ave Original Deed X 21 RR Sheriff Deed X 22 RR DOM Mortgage Statement X 23 RR Members 1' Blanket Mortgage X 24 RR DOS Mortgage Statement X 25 E. Main Street 1997 Deed X 26 E. Main Street 2001 Waypoint Mortgage X 27 E. Main Street Sheriff's Deed X 28 E. Main Street Tax Assessment and/or Appraisal X 29 Time Share Statement X 30 2002 Chevy Venture Vehix Value Statement and Damage Statement X X 31 1998 Subaru Vehix Value Statement X X 32 1997 Chevy Blazer Vehix Value Statement X X 33 2001 KBB Value Statement X X 34 Tractor Sales Receipt X X 35 W's Members 1" #7004 DOS Statement X X 36 W'S Harris Savings Bank DOM Statement X X 37 W'S Members 1St 2632 DOS Statement X X 38 W'S Members 1" 1272 DOS Statement X X 25 TABLE #11 LISTING OF EXHIBITS No. Exhibit Description Attached Previously Provide To be provided or updated to Hearing Date 39 H's Members 1 s` 8376 DOS statement X X 40 H'S Members 1st 7187 DOS Statement X X 41 W's Prudential 8411 DOS Statement X X 42 W's Prudential 0157 DOS Statement X X 43 W's Prudential 348 DOS Statement X X 44 W's Baltimore Life 3445 DOS Statement X X 45 W's Prudential 8224 DOS Statement X X 46 W's Prudential 7061 DOS Statement X X 47 H's Union Central 1679 DOS Statement X X 48 H's Hartford 2934 DOS Statement X X 49 W's F&M Trust IRA Statements X X 50 H's F&M Trust IRA Statements X X 51 Husband's FERS statements and Valuation X 52 Husband's TSP Statements X X 5Debts 53 Marital Home Debts Summary and Back Up Documents X X 54 Real Estate Taxes Summary and Statements X X Exhibits to be provided by Husband 55 Husband's I&E Statement X 56 Husband's 2012 Pay Stubs X 57 H's 2011 W-2s, 1099s and other income statements X 26 TABLE #11 LISTING OF EXHIBITS No. Exhibit Description Attached Previously To be provided Provide or updated to Hearing Date 58 Husband's 2011 Income Tax Return X 59 Husband's 2011, or if available 2012, X Social Security Benefit Statement 27 NOTES ON EXHIBITS: The original exhibits or copies thereof are not filed of record at this time. 2. If any exhibit is marked as "Attached" copies of those Exhibits are provided to the following: a. Plaintiff Defendant b. Divorce Master 28 CERTIFICATE OF SERVICE I hereby certify that on March 2, 20121 served the foregoing document upon THE Defendant's Attorney in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108 (Counsel for Defendant) I hereby certify that on March 5, 2012 1 served the foregoing document upon THE Defendant's Attorney in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by Personal Delivery E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street, Carlisle, PA 17013 (Divorce Master) Date: March 5, 2012 RAkQ1 E "4A& DIANE G. ADCLIFF, ESQUIRE (Attorney Registration No 32112) 3448 Trindle Road Camp Hill, PA 17011 Email: dianeradcliffecomcast. net Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff 29 7313 APR -9 AM 11' CL'MBERL;k1t6 CO" THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH , now by remarriage NO. 95-1889 CIVIL TERM DEBRA ECKSTINE-WEIDNER, Plaintiff CIVIL ACTION - LAW V. IN DIVORCE DAVID E. RALPH, Defendant PETITION TO WITHDRAW AS PLAINTIFFS COUNSEL Submitted by Diane G. Radcliff, Esquire, Attorney for Plaintiff PREVIOUSLY ASSIGNED JUDGE The Honorable Kevin A. Hess, PJ APPEARANCE FOR PLAINTIFF APPEARANCE FOR DEFENDANT Diane G. Radcliff, Esquire Paul J. Esposito, Esquire 3448 Trindle Road Goldberg Katzman, P.C. Camp Hill, PA 17011 320 Market Street, Strawberry Square Telephone: 717-737-0100 P.O. Box 1268 - Harrisburg, PA 17108' Facsimile: 717-975-0697 Phone: (717) 234-4161 Email: dianeradcliffb-comcast.net Fax: (717) 234-6808 N DIANE G. RADCLIFF, ESQUIRE Supreme Court ID Number 32112 3348 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 * Facsimile: 717-975-0697 Email: dianeradcliff@comcast.net THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH , now by remarriage NO. 95-1889 CIVIL TERM DEBRA ECKSTINE-WEIDNER, Plaintiff CIVIL ACTION - LAW V. IN DIVORCE DAVID E. RALPH, Defendant PETITION TO WITHDRAW AS LEGAL COUNSEL AND NOW, this Cl�day of April, 2013, comes the Petitioner, Diane G. Radcliff, Esquire and files the above referenced Petition and represents that: 1. Your Petitioner is Diane G. Radcliff, Esquire an Attorney duly authorized to practice law in the Commonwealth of Pennsylvania and having a principal place of business located at 3448 Trindle Road, Camp Hill, PA 17011. 2. Plaintiff is Debra Eckstine-Weidner who is currently represented by Diane G. Radcliff, Esquire. 3. Defendant is David E. Ralph, who is currently represented by Paul J. Esposito, Esquire 4. This is an action for or involving divorce . 5. Plaintiff, Debra Eckstine-Weidner, terminated the legal representation of Diane G. Radcliff, Esquire and has consented to the withdrawal of Diane G. Radcliff, Esquire as her attorney of record. Her consent is attached hereto, marked Exhibit"A" and made a part hereof. 6. Petitioner contacted Defendant's legal counsel and advised him of the termination of her legal representation and Attorney Esposito advised Petitioner that he had no opposition to the withdrawal of Diane G. Radcliff, Esquire as Plaintiffs attorney of record. His consent is attached hereto, marked Exhibit"B"and made a part hereof. 7. This case was previously assigned to the Honorable Kevin A. Hess, PJ. WHEREFORE,the Petitioner respectfully requests this Honorable Court to enter an Order granting her leave to withdraw as legal counsel for Plaintiff, Debra E. Ralph. Dated: C, ,_Q q 2,013L Respectfully submitted, RAD F, ESQUI E 34 0 PUNNE F, ESQUI E rindle Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Supreme Court ID #32112 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: - 2,0 l3 I— iane . Ra Esquire, Pe�ItineTr CERTIFICATE OF SERVICE 1, Diane G. Radcliff, Esquire, hereby certify that on this date I am serving a copy of the foregoing document, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail, Postage Prepaid and Addressed as Follows: Debra Eckstine-Weidner 555 Harvest Lane Mechanicsburg, PA 17050 (Plaintiff) Paul J. Esposito, Esquire Goldberg Katzman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 • Harrisburg, PA 17108' (Attorney for Defendant) Dated: 9 IANE G. DCLIFF, ESQ'UlRkE C S or ou 0 ,11 upr ourt ID #32112 3448 Trindle Road, Camp Hill, PA 17011 Telephone: (717) 737-0100 EXHIBIT "A" THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH , now by remarriage NO. 95-1889 CIVIL TERM DEBRA ECKSTINE-WEIDNER, Plaintiff CIVIL ACTION - LAW V. IN DIVORCE DAVID E. RALPH, Defendant ; CONSENT TO WITHDRAWAL OF LEGAL COUNSEL I Debra Eckstein-Weidner(formerly Debra E. Ralph), hereby consent to the withdrawal of Diane G. Radcliff, Esquire as my attorney in the above captioned case. Date: `� F DEBRA ECKSTINE-WEIDNER EXHIBIT "B" Page 1 of 2 From:Paul Esposito Date:413!2013 4:57:32 PM To:'dianeradcliff@comcast.net' Subject: RE: Ralph Diane, I have no objection to the petition and you may advise the court of my position. Paul From: dianeradcliff @comcast.net[mailto:dianeradcliff @comcast.net] Sent: Wednesday, April 03, 2013 4:32 PM To: Paul Esposito Cc: ddon ley-dianeradcliff @comcast.net; Debra Weidner Subject: Ralph Paul: Debbie Weidner terminated my legal representation. I am going to be filing a Petition to Withdrawal. If you have no opposition to this petition,please advise me in writing(email or letter) so that I am advise the court of your position. Nl Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Telephone: 717-737-0100 Facsimile: 717-975-0697 Email: dianeradcli_ff0comcast.net Deb Donley, Paralegal, Email: ddonleY dianeradcliff _comcast.net NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, the attorney client privilege and attorney work product. This E-mail (including attachments) is confidential and legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error; then delete it. Thank you. FREE Animations for your email Click Here! 41312013 ' l THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBRA E. RALPH , now by remarriage NO. 95-1889 CIVIL TERM DEBRA ECKSTINE-WEIDNER, , Plaintiff CIVIL ACTION - LAW V. IN DIVORCE DAVID E. RALPH, Defendant ORDER OF COURT AND NOW, this !�` day of ��� , 2013, upon consideration of the within Petition, and the consents attached thereto, it is hereby ordered that Diane G. Radcliff, Esquire is granted leave to withdraw as legal counsel for the Plaintiff, Debra E. Ralph. BY THE COURT: KEVI A. HESS, P.J Distribution to: ►ttorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 �Atorney for Defendant: Paul J. Esposito, P.O. Box 6991, Harrisburg, PA 17112-6991 ;laintiff: Debra E. Eckstine-Weidner, 555 Harvest Lane, Mechanicsburg, PA 17055 a - M cz� -,,, - — rr' °!0 r-? -j J