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Home My WebLink About95-03520 ,? , ~ -'-. ~ . . ~~~~~~~.~~~~---~~._~~.~~~~.~.~~~~~~~ ~ . ---- ~----- ----------- ~ ~ ~ ^ I ~ IN THE COURT OF COMMON PLEAS .' ~ ~ .:.. ~ OF CUMBERLAND COUNTY STATE OF * PENNA, ~ ~ s ~ .'. ~ 8 .... ..... ...DOUGLAS M,WHEELER,......... :i Plaintiff N () ,95,,",3520...CIVIL...UrlM 19 s ~ " Vel'SIIS ~ '.' TRACY L, BAILEY, ....... ... Defendant ~ '.' ." ~ " S ~ DECREE IN DIVORCE rJ:f IJ:~-C' ,;t'I , AND NOW,........ ..f~ .~.~.. 19~J... it is ordered and DOUGLAS M. WHEELER . decreed that ................,...,...,......................... plaintiff, TRACY L, BAILEY and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . . '. defendant, are divorced from the bonds of matrimony. s ~ ... ~ .', S ~ M ,.' ~ s 8 ~ ~ ,.' ~ ~.I The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; 8 ~ ~ , ~ f."' .... ...... ..... ... ..... ... .... ........ .... .... ........ '0' ..... .... ........, ~-" No,issues.are.outstandinq,nor,have.any.been.r~sed.by.the arties, ... ...... Dy The r " " Attest: a,,;.i.; I!...:$'f. f.'~~~ ."p1ht<L ):! JU&., f)iJ.. Prolhonolary ~ ,.' ~ ~ ~ ~-----_.. :{.o:. .~:' .:.:' .:.;, ,', * e ~ $ ,,~ * ~ ,', ~ ~ .' e ,', ~ ~ '. a f~. ~.~ ~ 8 s $ ~ '.' ,. ~ ..' M ~'. M .' .'~ * ~ .' w ... *- '.' S v '.' ~ " ~ ~ i '.' J. I~ i; )':' ~ ~ '.' . .-, -.- , ~., -. . --'_.~-'~'''''''~-'_. ...._._ ,. ,~.' ,_, _., .._..-. ..........-...----..'<0..- ........_._..._.......~_.. . _ ,., ,..,. _, ,~ **-*-~-~--~--~**--*~-~. ~ ~.~ tit.--( &$ ~a.-~/ ~ d~ ~ .;J 'c:JJ. p7f 7/?Y--k/ ~l-4:/ --d ~ . . IN THE COURT OF COMMON PLEAS OF CUI~BERLAND COUNTY, PENNSYLVANIA DOUGLAS M, WHEELER, Plaintiff NO, 95-3520 CIVIL ACTION - LAW IN DIVORCE V, TRACY L. BAILEY, Defendant PRAECIPE OF TRANSMIT RECORD To the prothonotary: 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(d) (1) of the Divorce Code, 2. Date and manner of service of the complaint pursuant to Order dated December 21, 1998: a. Date: 12/29/98; Regular Mail b, Date: 12/30/98; Publication in Sentinel c. Date: 1/1/99; publication in the Cumberland county Law Journal 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: a. Plaintiff: n/a b. Defendant: n/a OR Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: a. Date of execution: 4/21/98 b, Date of filing: 4/27/98 c, Date of service and manner of service pursuant to Order dated December 21, 1998: 1. Date: 12/29/98; Regular Mail 2, Date: 12/30/98; Publication in Sentinel 3. Date: 1/1/99; publication in the Cumberland County L.J. 4. Related claims pending: No issues have been raised by either party. 5, Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (I) (i) of the Divorce Code: a. Date of Service: 1/25/99 b. Manner of Service: Regular mail OR Date Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: a. Plaintiff's Waiver: n/a b. Defendant's Waiver: n/a . , ESQUIRE Trin le Road , , PA 17011 Supreme Court 10 # 32112 Phone: (717) 737-0100 Attorney for Plaintiff . .''',i,', n \0 0 S \0 .,,, :~ ~ '... "Un; .,... ~rlj <:r.1 , .;;;g , ":_ :.n '~~ 4r- CJ:j~ "-./ ''; rS. :" o.r-r:~) ;h. ~~, :f.o ::0:: ~~ t;..:J(') ';9 rim .J~c.: ~ w ~ 01 ~ ..... en - ~~ ~ ~\ V)~ ~\-) ~>... ~ hlf;:-:.l 0".. ".._ :~ ~;~ (_, C'; 71 "" .;.; ~"-, ," CO (;,~::::;.>! .,') , .oj") '.r,.." '0''; : ;(,j;': .~ \. '.' .J <::> CTI ~ ~-, f: ,,'.,'" '..-....,;. -.> ~ ~ ....... ~~ ~, . S....ftL"\_/~l L, /).. (1' r- ( . ~ ~v .lONOH.lOlld .................... ,........1)--vu::'~' , ..~....... . r ., r - 03.lV.lSNI311 IVld :> ~b"6L I...........!~..~.. ii ::: i i j - ~]~ ~. ~ '.. ~ l=l I ~ ~ ~!~ Rl 21 ~~ I ~ ~ I ~J!i II ~~ . . > :z: . ~ ~~ i ..:l ~ ~~~ ~ . . . . _. .. i . t ,'.. ~~yf~NOH.lOlld ................,.., .~................... 03 v' ~.,~.""i~. ....,... ...'/, .lV.lSNI311 .lNI'-'"'d ... ".fi:f1611......................:~..~.. .., .& .. .... , - DIANE G, RADCLIFF ATTORNEY.AT.LAW '4" TRINDLE ROAD CAMP IIILL. PA I7DII . , DOUGLAS M. WHEELER Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. tJ.1-..3,5.;JCJ ~~ TRACY L, BAILEY Defendant CIVIL ACTION - LAW IN DIVORCE NOTICB 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the cumberland County Courthouse, carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 COURTHOUSE, FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 1 , ' . , DOUGLAS M. WHEELER Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. TRACY L. BAILEY Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT AND NOW, this ~D~ day of ':), A .L -' , 19 q~ , comes the Plaintiff, DOUGLAS H. WHEELER, by his attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCB 1. The Plaintiff, DOUGLAS M, WHEELER, is an adult individual whose address is P.O, Box 3323, Shiremanstown, Pennsylvania and who resides in Cumberland County Pennsylvania. 2. The Defendant, TRACY L. BAILEY, is an adult individual residing at 1086-B Superior Drive, Harrisburg, Pennsylvania. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. DIANE G, RADCLIFF ATTORNEY.AT-LAW s..... TRINDLE ROAD CAMP 1IIL1.. PA nOli 2 , ' . , 4. Plaintiff and Defendant were married on October 9, 1993 at Reno, Nevada. 5. There have been no prior actions of divorce or annulment between the parties, 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies, 8, The Plaintiff avers that the grounds on which the action is based are: (a) That the marriage is irretrievably broken. Or in the alternative, (b) That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. DIANE G, RADCLIFF ATIORNEY.AT.LAW '441 TRINDLE ROAD CAMP UII.L. PA 17011 3 WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, CLIFF', ESQUIRE 344 r ~le Road Camp Hill, PA 17011 (717) 737-0100 1.0. No, 32112 Attorney for Plaintiff DIANE G. RADCLIFF ATTORNEY.AT.LAW WI TIUNDLE ROAD CAMP lULL. PA. 17011 4 ( DIANE G. RADCLIFF ATrORNEY.AT.LAW .... TAINDLt ROAD CAMP lULL. PA 17011 .-\f' VBRIPICATIO. OOUGLAS M. WHEELER verifies that the statements made in this Complaint are tr.ue and correct. DOUGLAS M. WHEELER understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. oa~ '" - DIANE G, RADCLIFF ATTORNEY.AT.LAW ,... T'UNDLE ROAD CAM' lULL. 'A 17011 DOUGLAS M. WHEELER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3520 CIVIL TERM v. TRACY L. BAILEY, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRABCIPZ TO RBI_STATZ COMPLAIIIT TO THE PROTHONOTARY: Please reinstate the divorce complaint filed in the above- captioned matter. Respectfully submitted, le Road , PA 17011 (717) 737-0100 I.D. No. 32112 Attorney for Plaintiff :-'.~ AUG B II 59 AM '95 t I,i,' Of fIC!: vr ',. "", Tt,CIU'M,y r.!Jlii!E!.'\ l.m.. r,r;', :HY rt~NH'!Yl.'.:AN1A _ ._ C....,<p-'__ . , " .,. en - ...... ..r,_ -<.,., '-.-:.., '.',,-. -0 l! S u:~ :, ~ ?~:j =-= a- U> ~ ''J C'-.J " . '... .... ..... V> l." "t ";'- ,. ,- .. ' . . ~I - ......, '. . B~]~ ~~t~ tl)~~= ~!iJ DOUGLAS M. WHEELER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3520 CIVIL TERM v. TRACY L. BAILEY, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO RBINSTATE COMPLAINT TO THE PROTHONOTARY: please reinstate the divorce complaint filed in the above- captioned matter. Respectfully submitted, \ . FF, indle Road Camp Hill, PA 17011 (717) 737-0100 1.D. No. 32112 Attorney for Plaintiff DIANE G, RADCLIFF ATTORNEY.AT.LAW 5... TRINDLE ROAD CAMP lULL. PA 17011 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 17171 737-D1DD . . , . 'j , IN THE COURT OF COMMON PLEAS OF CUMeERLAND COUNTY, PENNSYLVANIA DOUGLAS M. WHEELER Plaintiff V, TRACY L, BAILEY, Defendant NO. 95-3520 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF THE SAID COURT: Please reinstate the divorce complaint filed in this matter on June 30, 1995, ( 3 Ro amp Hill, 17011 ne: (717) 737-0100 Fax: 5-0697 Voice Mail: (717) 558-5518 1.0. No, 32112 Attorney for Plaintiff , . DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMPHILL,PA 17011 1717) 737-0100 . . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS M. WHEELER Plaintiff NO. 95-3520 V. CIVIL ACTION - LAW IN DIVORCE TRACY L. BAILEY, Defendant If you wish to deny any of the etatements 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 June 2, 1995 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken, 3, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties falsifications to of 18 Pa.C,S, Section 4904 relating to ..thOriti.... ~ f)~ ~:LER ---' unsworn Date: 'I1~11'1? / _i<:"' . I I , ! l' ! c-~_) r\ en ';) ... ""', ,'j ..... ~.. ::-1 '\: -n [, ::~.J "; I , ..-,i".-r o. N . - ; L '- 0- . .- .." . , o. J r 0- l-:-? '... ~ - , -;! :~ '::::::l ~.J (,,) -~ @ ">. ,'I -.. tr. c: l:: ~: C.; ;:.; :,1.: II J< ,~ (.)l -,- .,J:l: [I:, .'h. 'C. ..,....-: ,")1 ..,G) ~:; 1.0 -J/ ',_.../' U lULU . ~ I Ld . '. ~ Il- ,.- c;.1 to. co a 0 '" . . ,,,,. - OOch ~ -"1\ 11 "l 1" .. 1 .3 ~ ~ l:: - :3j]~ ! ~~~ c;~'~2 ..~:c ~~H' e::l c:3 '-.. - , :-1,;4.IJ.. ,\ v../ . t:. DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE 17171737-0100 FAX (717)975,0697 1011I32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS M, WHEELER, Plaintiff NO. 95-3520 V. TRACY L, BAILEY, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER FOR SERViCE BY REGULAR MArL AND BY PUBLiCATiON AND NOW, this ti-/'i1 day of , 1998, upon ~ consideration of the within Motion of Diane G. Radcliff, Esquire, attorney for the Plaintiff, and in further consideration of the Affidavit attached to the witt,in Motion, IT IS HEREBY ORDERED that service of the Divorce Complaint upon the Defendant, Tracy L. Bailey, may be made by: 1. Mailing a copy of the Divorce Complaint to the Defendant, Tracy L. Bailey by regular mail to her place of employment, Renaissance Healthcare Corp" located at 4720 Gettysburg Road, Mechanicsburg, PA 17055; and, 2, Publishing the Notice of the Divorce Complaint one time in a newspaper of general circulation and the Cumberland County Pennsylvania Law Journal. BY Judge , i , ~ " , VjN\'/\1\S~,;N3d '1"11"", .' '--""n" I\.u..; 'J. '; ""~':{I I..., ~.. 0' '1'1 UG: II, I , J';O Vb Al:.Vi,C',:\,;, ~". . " '.:. :;;:J ;:J!d:O-Ojilj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS M, WHEELER, Plaintiff NO. 95-3520 V. TRACY L. BAILEY, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR SERVICE OF DIVORCE COMPLAINT BY SPECIAL ORDER OF COURT AS AUTHORIZED BY RULE 430 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE AND NOW, this \ b~day of December, 1998, Diane G. Radcliff, Esquire, Attorney for the Plaintiff, Douglas M. Wheeler, moves Honorable Court to enter a special order of court to permit the Plaintiff to serve the Divorce Complaint upon the Defendant, Tracy L. Bailey, by regular mail at her place of employment and by publication in a newspaper of general circulation and in the Cumberland County Law Journal and assigns the following reasons therefore: 1. The Defendant is DOUGLAS M WHEELER, an adult individual residing at 478 Brook Circle, Mechanicsburg, PA 17055. 2. The Defendant is TRACY L. BAILEY, an adult individual whose last known address is 42 South Baltimore Street, Dillsburg, PA 17019 and whose last known employment is Renaissance Heathcare Corp. Located at 4720 Gettysburg Road, Mechanicsburg, PA 17055, 3. The parties separated on June 2, 1995, 4 . The Divorce Complaint was filed with this Court on June 30, 1995. DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE 17171737,0100 FAX 17171975-0697 101/32112 -2- DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE 1717)737.0100 FAX (717) 975,0697 10'" 32112 5. The Plaintiff's 3301(d) Affidavit was filed with this Court on April 27, 1998, 6. The Divorce Complaint was reinstated on August 8, 1995, September 12, 1995 and again on April 27, 1998, It is also being reinstated concurrently with the filing of this Motion. 7, The undersigned legal counsel and the Plaintiff have attempted to serve the Divorce Complaint and 3301 (d) affidavit upon the Defendant and to ascertain her current whereabouts as appears on the Affidavit attached hereto marked Exhibit "1" and made a part hereof. 8. Based on the foregoing it is averred that service of the Divorce Complaint and 3301 (d) Affidavit cannot be effectuated upon the Defendant by personal service or by Certified Mail, Restricted Delivery. 9. The undersigned legal counsel seeks permission of this Court to serve the Divorce Complaint upon the Defendant. Tracy L, Bailey by: a. Forwarding the same to her at her place of employment, Renaissance Heathcare Corp" located at 4720 Gettysburg Road, Mechanicsburg, PA 17055, by regular mail and certified mail (not restricted delivery); and, b, Publishing Notice of the hearing in a newspaper of general circulation and the legal newspaper for Cumberland County Pennsylvania. 10, There has not been any judge previously assigned to this case. 11. The Plaintiff has been unable to notify the Defendant of the filing of this Motion since her current whereabouts are unkn::lwn. -3- DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 1701 I PHONE 17171737,0100 FAX 17171975,0697 10.. 32112 WHEREFORE, Diane G. Radcliff, Esquire, Attorney for the Plaintiff, respectfully requests this Honorable Court to enter an order permitting service of the Divorce Complaint and 3301 (d) Affidavit in accordance with the foregoing. -4- EXHIBIT "1" AFFIDAVIT DIANE 0, RADCLIFF 3448 TRINDlE ROAD CAMP Hill, PA 17011 PHONE (7171737,0100 FAX 17171975,0697 10 II 32112 .9. " i 3 . 4. DIANE G. RADCLIFF 3448 TRINOLE ROAD CAMP HILL, PA 17011 PHONE 1717) 737.0100 FAX 17171975,0697 10 ill 32112 AFFIDAVIT OF ATTEMPTED SERVICE AND INVESTIGATION The undersigned Plaintiff and his legal counsel, Diane G. Radcliff, Esquire, being duly sworn according to law do depose and say that the following represents the attempts of service of the divorce complaint and the investigation into ascertaining the current whereabouts of the Defendant, TRACY L. BAILEY: 1. On July 6, 1995, the Divorce Complaint was forwarded to the Defendant by Certified Mail, Restricted Delivery, at her last known address located at 1086-B Superior Drive, Harrisburg, Pennsylvania 17111, which mailing was returned to the undersigned, marked "Refused" as appears on the letter and mailing envelope attached hereto, marked Exhibit "A" and made a part hereof. 2 . On July 12, 1995, the Divorce Complaint was re-mailed to the Defendant by Certified Mail Restricted Delivery at her aforementioned Harrisburg address and was returned to the undersigned marked "Unclaimed" as appears on the copy of the letter and mailing envelope, marked Exhibit "B", attached hereto and made a party hereof, On or after August, 1995, the Defendant moved to 42 South Baltimore Street, Dillsburg, PA 17019. The Divorce Complaint was then re-mailed to the Defendant on September 13, 1995, at her new address located at 42 South - 5 . Baltimore StreE.ot by regular mail with a request that she execute and file an Acceptance of Service Form, as appears of the copy of the September 13, 1995 letter attached hereto marked Exhibit "C" and made a part hereof, The Defendant responded to the Plaintiff orally and indicated her agreement to the proposal set forth therein but did not return to the undersigned the signed Acceptance of Service Form as requested in the September 13, 1995 letter. 5, On October 13, 1995, the Undersigned mailed to the Defendant at her aforesaid Dillsburg, Pennsylvania address the proposed Marriage Settlement Agreement containing the agreed upon terms set forth in the September 13, 1998 letter attached as Exhibit "C", A true and correct copy of the October 13, 1995 letter is attached hereto marked Exhibit "D" and made a part hereof. 6, On October 17,1995, at the request of the Defendant, the Marriage Settlement Agreement was re-mailed to the Defendant at one of the locations she was performing services for her employment, being Oakridge Rehab & Nursing Center located at 261 Terhune Drive, Wayne, NJ 07470. A true and correct copy of the October 17, 1995 letter is attached hereto marked Exhibit "E" and made a part hereof. 7, The undersigned has not heard further from the Defendant in response to any of the mailings set forth above. 8. The Defendant no longer resides at the South Baltimore Street, DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE (7171737-0100 FAX 17171975,0697 10 # 32112 -6- Dillsburg, Pennsylvania address and her current residence is unknown. 9, It is believed that the Defendant is still employed as a field auditor by Renaissance Heathcare Corp., having a principal place of business located at 4720 Gettysburg Road, Mechanicsburg, PA 17055, but due to the nature of her position and the nature of her employment, being out of the office field work, she is only infrequently in her employer's aforesaid principal office and there is no set time that she is present at that principal office, and, therefore, she cannot be personally served at that principal office. 10. The undersigned and the Plaintiff have made numerous additional attempts to locate the Defendant, Tracy L. Bailey, including the following: A. Contacted the employer of the Defendant aforesaid on July 21, 1998 and requested that the employer provide the Plaintiff with information as to the address of the Defendant which request was refused as appears on Exhibit "F" marked hereto and made a part hereof. B. Forwarded a letter to the Defendant at her last known address located at 42 South Baltimore Street Dillsburg Pennsylvania on July 30, 1998 which letter was returned to the Plaintiff marked "return to sender moved left no address", as appears on the letter and envelope attached DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE 17171737,0100 FAX (717)975.0697 10... 32112 - 7 - E. Contacted the telephone directory assistance for York County, Pennsylvania, the county of the Defendant's last known residence and was informed that there was no phone listing for the Defendant, either listed or hereto marked Exhibit "G" and made a part hereof. C. Attempted to locate and contact the parents of the Defendant in Phillipsburg , Pennsylvania, the town of their last known residence, but whose precise address was unknown, and was unable to ascertain their whereabouts through the phone directory assistance and post office; D. Contacted the Tax Assessment Office for Center County PA, the county in which the Defendant's parents were know to reside and were informed that there had no records of the Defendant living or residing in that County, RADCLIFF, ESQUIR DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE 17171737,0100 FAX 17171975,0697 10'32112 Notanal Seal "". ',"IJ t Alvarez. Notary Public " ,"(snurg 03uphln County ..'( 'i~ lJ" bptfOS July 2. 2001 _I. .,::..:\,,1. ~S'iOClatNm Of NOlalles - 8 - EXHIBIT "A" JULY 6, 1995 LETTER AND MAILING ENVELOPE i , '" ,< '.\"n~"f"':'"" Z 435 bbO 41111 ~ Receipt for Certified Mall _ No Insurlnce Coverege Provided =ur1:B Do not U.I for International Mill CSe. Rlverllll I, i T '.~~. g CD CO) ! &! P lIlCted DeIR'flVf.. I win RKelCltSnow.ng 10 Whom . 011. [)ehyeted Rel\1ln RI'C",I Sno~1l'lQ 10 WhOm. 0.,., .nd ....,dr"...'. Addfdl TOTAL Poll. $ . F... Postmark or 011. ,/t,/tfS _. =r "U Cl ~~ .lI ~... ..... .lI Lll Q ~ , rtl LoU>- =r N t-o:: (.)a.u -> 0::_ t--a CI) L&J LoUQ . a: r;., ::: ~ g ! tP:~< \' :I ~ 0: ~:( i 1 _.! ~ II: ,J'>." ,. " 'I 1 ~ -, I I i ~ i ~ ~ ~ '.Jf,i , , ---- , . , .. DIANE G. RADCLIIo'F ATTORNEY AT LAW 3448 TAINDLE ROAD CAMP HU.L, PENNSYLVANIA 17011 TELEPHONE (717) 737-0100 FAX (717) 97:1-0697 July 6, 1995 Tracy L. Bailey 1086-B Superior Drive Harrisburg, .PA 17111 RB: Wheeler v. Bailev 95-3520 Civil Term Dear Ms. Bailey: Please be advised that this office has been retained by your husband, Douglas Wheeler, with respect to. domestic matters. Pursuant to his instructions I have instituted divorce proceedings on his behalf by the filing of a complaint on June 30, 1995. A certified copy of that complaint is enclosed with this letter. You will note from reviewing this complaint that your husband is seeking a no-fault divorce. A no-fault divorce can be secured either with or without your consent. To secure one by consent will require both parties to sign an affidavit of consent evidencing their agreement to the divorce, which affidavits cannot be signed until after a mandatory minimum 90 day waiting period after the filing of the complaint. In this case that date would be on or after September 30, 1995. We, of course, hope that you are agreeable and will consent to the divorce and will sign this affidavit. Please, however, notify me if that is not the case. In addition to the divorce there is an economic matter which must be attended to, being the resolution of the distribution of the parties' marital assets. I have set forth on the attachment my understand of the assets that were owned as of the date of separation and whether they are marital or non-marital in nature. Please note, regarding this list, that only marital assets are subject to distribution. In most cases, non-marital assets, including assets acquired pre-maritally, are not subject to distribution. With respect to this listing I have been authorized to make the fOlloWing settlement proposal: ..,...... ,. Each party would retain the monies received by him or her from the prior distribution of the Members First account. The Members First certificate of deposit worth approximately $10,000.00 would be equally divided between the parties. Each party would retain any other asset held in that party's individual name including, but not limited to, his or her pre-marital property with the exception of husband's 19B9 Mazda which would be transferred to wife. Husband will pay the First Bank credit card debt of $1,200.00. All other claims arising out of the parties' marital relationship would be waived. The above proposal is specifically' contingent upon your consenting to the divorce and signing the affidavit of consent on or about September 30, 1995. To insure that will occur we propose that the division of the certificate of deposit and transfer of the car title occur upon your signing and filing the required affidavit. (1) (2) (3) (4) (5) Please consider this proposal and let me know your position. Very truly Y'ii~s;d l DGR/rzc \ Enclosures cc: Douglas M. Wheeler (with enclosures) VIA CERTIFIED MAIL/RESTRICTED DELIVERY NO. Z 435 660 4BB -."",., " 1fBIILlR v. BAILlr LIS~I.G OF ASSI~S ONRBD A~ SIPARA~IO. OR 6/2/95 A. MARITAL ASSI~S: 1. Members First account Divided: $14,000.00 to husband $15,000.00 to wife 2. Members First CO - $10,000.00 approximate value 3. Husband's Kinney'S pension plan - marital value unknown B. .OR-MARI~AL ASSI~S: 1. Husband's pre-marital Members First IRA ($800.00) 2. Husband's pre-marital Fidelity Investments IRA ($4490.00) 3. Husband's pre-marital Woolworth's stock owned jointly with his mother - value unknown 4. Husband's pre-marital interest in his Kinney's pension plan - value unknown 5. Husband's 1989 Mazed MX6 OX automobile - approximate value $6,750.00 retail, $5,100.00 trade in c. MARI~AL DI8~S: First Bank joint credit card $1,200.00 separation balance, approximately $900.00 of which was charged for wife's business expenses which is believed will be reimbursed to her. ;,.~ EXHIBIT "B" JULY 12, 1995 LETTER AND MAILING ENVELOPE . ".. r . . . ," DIANE G. RAnCLU'F "TTO"NIY AT LAW 3448 T"INDL.. "OAO C........ HI"", PI.NNI.,"VAHI4 1701 t - ~(Q)~)7' TELEPHONE(717)7~7'0100 FAX (717) 1175.00117 July 12, 1995 Tracy L. Bailey 1086-B Superior Drive Harrisburg, PA 17111 RBI Wheeler v. Ballev 95-3520 Civil Term Dear Ms, Bailey: Please be advised that this office has been retained by your husband, Douglas Wheeler, with respect to domestic matters. Pursuant to his instructions I have instituted divorce proceedings on his behalf by the filing of a complaint on June 30, 1995. A certified copy of that complaint is enclosed with this letter. You will note from reviewing this complaint that your husband is seeking a no-fault divorce. A nO-fault divorce can be secured either with or without your consent. To secure one by consent will require both parties to sign an affidavit of consent evidencing their agreement to the divorce, which affidavits cannot be signed until after a mandatory minimum 90 day waiting period after the filing of the complaint, In this case that date would be on or after September 30, 1995. We, of course, hope that you are agreeable and will consent to the divorce and will sign this affidavit. Please, however, notify me if that is not the case. In addition to the divorce there is an economic matter which must be attended to, being the resolution of the distribution of the parties' marital assets, I have set forth on the attachment my understand of the assets that were owned as of the date of separation and whether they are marital or non-marital in nature. Please note, regarding this list, that only marital assets are subject to distribution. In most cases, non-marital assets, including assets acquired pre-maritally, are not subject to distribution. With respect to this listing I have been authorized to make the following settlement proposal: Each party would retain the monies received by him or her from the prior distribution of the Members First account. The Members First certificate of deposit worth approximately $10,000.00 would be equally divided between the parties. Each party would retain any other asset held in that party's individual name including, but not limited to, his or her pre-marital property with the exception of husband's 1989 Mazda which would be transferred to wife. Husband will pay the First Bank credit card debt of $1,200.00. All other claims arising out of the parties' marital relationship would be waived. The above proposal is specifically contingent Upon your consenting to the divorce and signing the affidavit of consent on or about September 30, 1995. To insure that will occur we propose that the division of the certificate of deposit monies and transfer of the car title occur upon your signing and filing the required affidavit. (, .. (1) (2) (3) (4) (5) ....~-> r . " Please consider this proposal and let me know your Position. Very truly yours, DGR/rzc Enclosures \ cc: Douglas M. Wheeler (with enclosures) VIA CERTIFIED MAIL/RESTRICTED DELIVERY Z 435 bbD 494 ~ Receipt for CertHled Mall _ No Insurance Cov.rage Provided .=;zr,,:\ 00 not use for International Mlil IS.. Rove...1 il ~ I 8 CD cot Il If Soc... 0..-, r.. '" ... ",",UCI"'II"""'",,, "l'tul"RII("'ltS~ 10 WMm Ao 04'. o.._~ H.luln K"''''P1S""...."'910 0"1_, .~...h'.....~ IO'''LI'o'I~ ,.,-. p.'::;'rt~q$" -- ~ : ~~,~tti 3! ~ \Ii ".., I l ~ H~ P:~ C~ roo ><~~ ~HA: Hgjll< ~Il<Cl l-1ijl~ ti:~~ ;:lCD E-i~ N " . .~~ i:~ lad a== '. " ~ ., \ . '. , I. ,; EXHIBIT "C" SEPTEMBER 13, 1995 LETTER ,.-.10", .- , DIANE G. RADCLUo'F AtTO..NIV AT LAW 344b TftlNDI.E ROAD CA",,. HU.L. PINNIVLVANtA 170 II ~~~~ TELEPHONE (7t7) 737-0100 FAX (717) 97S-01197 September 13, 1995 Tracy L Bailey 42 S. Baltimore Street Dillsburg, PA 17019 RE: Wheeler v. Ballell 95-3520 Civil Term Dear Ms. Bailey: Please be advised that this office has been retainSd by your husband, Douglas Wheeler, with respect to domestic matters. Pursuant to his instructions I have InstiMed divorce proceedings on his behalf by the filing of a complaint on June 30, 1995, A certified copy of that complaint is enclosed with this letter. Our Rules of Procedure require that this complaint be served upon you. Under those rules service can be obtained by having the complaint handed to you by an adult individual, sending it to you by certified mail/restricted delivery, and having you sign a receipt or by having you accept service of the complaint by Signing an acceptance of service fonn, Due to your work schedule, after several attempts we have been unable to serve the complaint upon you by the first two methods. We are, therefore, requesting that you accept service of the complaint by signing and returning to this office the enclosed acceptance of service fonn. Please note that Signing this fonn merely gives the court notice that you have received the complaint. It does not in any way affect your legal rights nor forces you Into any agreement which we have or may propose, You will note frorn reviewing this complaint that your husband is seeking a no.fault divorce, A no.fault divorce can be secured either with or without your consent. To secure one by consent will require both parties to sign an affidavit of consent evidencing their agreement to the divorce, which affidavits cannot be signed until after a mandatory minimum 90 day waiting period after the filing of the complaint. In this case that date would be on or after September 30, 1995. We, of course, hope that you are agreeable and will consent to the divorce and will sign this affidavit. Please, however, notify me If that Is not the case. . In addition to the divorce there Is an economic matter which must be attended to, being the resolution of the distribution of the parties' marital assets. I have set forth on the attachment my understand of the assets that were owned as of the date of separation and whether they are marital or non-marital In nature, Please note, regarding this list, that only marital assets are subject to distribution. In most cases, non-marital assets. Including the pre-marital value of assets acquired prior to marriage, are not subject to distribution, WIth respect to this listing I have been authorized to make the following settlement proposal: (1)~Each party would retain the monies received by him or her from the prior distribution of the Members First account. (2)~The Members First certificate of deposit worth approximately $10,000.00 would be equally divided between the parties, 1.- (;) (,./ q ;-1.1 '; (3) Each party would retain any other esset heid In that party's Individual name Including, but not limited to, his or her pre-marital property with the exception of husband's 1989 Mazda which would be transferred to wife. (4)~usband will pay the First Bank credit card debt of $1,200,00, (5) All other claims arising out of the parties' marital relationship would be waived. The above proposal Is specifically contingent upon your consenting to the divorce and signing the affidavit of consent upon your husband's request, but In no even any earlier than September 30, 1995, To Insure that will occur we propose that the division of the certlflcate of deposit monies and transfer of the car title occur upon your signing and filing the required affidavit. Please consider this proposal and let me know your position, DGRlrzc Enclosures co: Douglas M. Wheeler (with enclosures) t WBBILBR v. BAILBY LISTIRG or ASSITS ONIIBD AT SlpARATIO. OR 6/2/95 A. MARITAL ASSITS r 1. Members First account Divided: $14,000.00 to husband $15,000.00 to wife 2. Members First CD - $10,000.00 approximate value 3. Husband's Kinney's pension plan - marital value unknown B. .O.-MARITAL ASSITS r 1. Husband's pre-marital Members First IRA ($800.00) 2. Wife's pre-marital Fidelity Investments IRA ($4500.00+) 3. Husband's pre-marital Woolworth's stock owned jointly with his mother - value unknown 4. Husband's pre-marital interest in his Kinney's pension plan - value unknown 5. Husband's 1989 Mazda MX6 DX automobile - approximate value $6,750.00 retail, $5,100.00 trade in c. MARITAL DIBTS: First Bank joint credit card $1,200.00 separation balance, approximately $900.00 of which was charged for wife's business expenses which is believed will be reimbursed to her. " . I . v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3520 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DOUGLAS M. WHEELER, PLAINTIFF TRACY L BAILEY, DEFENDANT ACCEPTANCE OF SERVICE I, Tracy L. Bailey. the Defendant In the above-captfoned divorce actlon, hereby accept service of the Complaint In Divorce flied on June 30, 1995 In the Court of Common Pleas of Cumberland County, Pennsylvania. Date: Tracy L Bailey, Defendant DIANE C. RADCLIFF ATIORNEY.AT.LAW .... nll'lDLl a.OAD CAMP HILL, PA 11011 EXHIBIT "0" OCTOBER 13, 1995 LETTER DIANE G. RADCLIFF, ESQUIRE . . '. DIANE G, RADCLIl<'I.<' TELI~HONE (7171737'OIOO FA' 1717) 11711'01l1l7 CC(Q)~}> AnO"NIY AT LAW 3.48 r"INOLIl ROAD C:"M~ HILL, PII\lH''t'LYA~I'' 110 II October 13, 1995 Tracy L Bailey 42 S, Baltimore Street Dlllsburg, PA 17019 RE: Wheeler v. Bailey 95-3520 Civil Term Dear Ms. Bailey: Enclosed you will find a copy of the proposed Marriage Settlement Agreement In the above-referenced matter, Please review this document carefully, Upon completion of your review please contact this office and advise me whether you desire any changes or modifications or If you have any questions or concems. Thank you for your anticipated cooperation. Very truly yours, DGRlrzc Enclosures EXHIBIT "E" OCTOBER 17, 1995 LETTER October 17, 1995 ~~ 4.(' -Jrr l.-" J., ..... , , DIANE G, RADCLIlo'lo' ATTO"Nl't AT LAW 3448 T..INDLI ROAD C......~ HILL, PINNnLVANIA 110t I TILI~HONI (7 t 71737,0 I 00 FAX (717) 975.01197 Tracy L. Bailey OAKRIDGE REHAB & NURSING CENTER 261 Terhune Drive Wayne, NJ 07470 Dear Ms. Bailey: Enclosed you will find a copy of the proposed Marriage Settlement Agreement In the above-referenced malter, Please review this document carefully. Upon completion of your review please contact this office and advise me whether you desire any changes or modifications or If you have any questions or concems. Thank you for your anticipated cooperation. DGRlrzc Very truly yours, R.o~~U1R!l Enclosures VIA AIRBORNE EXPRESS ( AMPHILL "" by INIIM/Oopl) PA -- 0." RIIC>>lY.' .. Am:wniI~axIlIIlI'flO - ,1)110, PleiN '-"It ""ICe IypIby martr.lng one box With an .X. E~ 1;1 DIANE ....GRADCLIf'F ,...- 3/t/t8 TRINDLE RD ~ s~w TOl ) OAKRIDGE REHAB & NURSING CENTER or.',.y""' . ... . .. _ MtIomI~1lllllII'I1Ill OPo"" ~ ....,. Advance . I 8.l~ReI.'m-~__~-.;;c.-- ---- ,..t Addrn, 261 TERHUNEDRM . ty - .~- -.---------slit.---.--- WAYNE NJ ZIP 0 t IqUltldl 07470 Bpec:'-llnetrucUone D SaturdaYI~ DelIvery -,.. --...- o Lib PKlt AlIEN'" 1tIOHI"......N1' V"'UAfIOJf, CAMAlIA"UAMIT'f' II llUl'lD fO "~;~r.~=..v~' c:o.u:OUINfW,. DAUAOII MIl NO' 1lICO'IlNa.lIlI'll'NIA/ClI eotollDHlOfrtN'VI""IlOIOl'TMfI HOf+.IrIlOOnAal ........L M:AC""'-HOIO HO II..,'" ~l.nllon; (N6metOepII TRACY BAILEY _........ (ImpolWll) &scnpllon AIRBOR'JOli;Tqs c v.... o ... ........ or 0 s AIRBORNE B'PRESS. AecertedAI CJ Drop 801 . SENDER'S COPV 0- TtmW\II POBOX"'. sum.t. W,.Mttl.(llN A MESSAGE FOR: "}" "-- FROM OF PHONE DATE TIME A,M, P,M, o URGENT AREA CODE NuMBER 0' o TELEPHONED o CAME TO SEE YOU o RETURNED YOUR CALL EXHIBIT "F" JULY 21, 1998 LETTER 7/21/98 , Bello, My name is Doug Wheeler, and I am the (separated) husband of 0 ne of your employees -- Tracy Bailey. I was wondering if you could provi de me with her current place of residence. Enclosed is a SASE for your response. Thank Yo r::?'X " /rf/~ J-.. ug Wheeler P.O. Box 3323 Shiremanstown, PA 17011 f'C'R ""?~ ~ .,._ . _-._ I" . ~~~ ~R'a' \xA-4 ~ "-"^^ ^^-<FI- ru1~ ;!.h ~~ +f~ .to 1<JV1.. ;yJiAL \I? Rite, ,~' I ~ , ~ 'v . ~ EXHIBIT "G" JULY 3D, 1998 LETTER -, ..... ....... ~ ,..... ... ~, ~",l " It t\j ~ \ ~ ~{ li'><:t I ~ ~ t I ~I~':f <:l. Q' \. ~ ~ tl: "- . C\l ~' VI ~ ~~ -..lE~ ~~" ~ ~... ~~ ~~~ ~~~ f 0 ' : __ -fi' /..1'; 4'~;::::t:; . .~.... C";' r~ , ~" .. 1 ~. ,.;':" '" ~'I I ~.. , ~:.. .-."'r-,"" .. I':' ':-1'" .";', . _,I . ./...! ',.: -~ ....- ~, \'; ..-.-' t.' o. .. .... .. 0.' r- '" "-.;, ol,' ~ ~ .... , ~ , l-::--f&' . I'~ Ir ~. /....... .~. ~, '1S.:c.~ ,~ /:),.....:; ..... 1- &<; $)' ,j%~ ,~....:' 'l ' "', 'r' : ."I,."ft~ . ~ ...~ .." .~ . :v~. ..."....'" '-":", -, t. T~~ vVf' fo/("~ n> 7'Ih/'- /f-Btll/,- (j-l'"'T T>,vc,.. OvA IJI voR eiF F7r/'~ 1fT-j). P t7 (/ c:-- t../ th--e-""2 e'?\.. 76/-I{178" _.. "'._~r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS M. WHEELER, Plaintiff NO, 95-3520 V. TRACY L, BAILEY, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF THE SAID COURT: Please reinstate the divorce complaint filed in this matter on June 30, 1995. I DIANH Q, RADCLIFF 3448 TRINDLH ROAD CAMP IIII.I.,I'A 17011 (717) 737.0100 - e ""tJt<>:'O rt,.' ~'" ;7::'; v., I.. f3Jr':' ....... -.. ;';:1.-- j.~r; (- ~';; ::'j l.'J '" '':'1 l"rj <') ." f~ to") -'1 .:J ;\j . ~ f~~! ,;e.J ~'{r ,...'..J _'~ ~ I. :.".}r~'-] (J/d '=-/ ~. -lJ -0;: i';J .. - -::- - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS M. WHEELER, Plaint if f NO. 95-3520 V. CIVIL ACTION - LAW IN DIVORCE TRACY L. BAILEY, Defendant CERTIFICATE OF SERVICE AND NOW, this .51-- day ot-~ ^' I .. ~999' I, DIANE G. 1ce of the D1vorce RADCLIFF, ESQUIRE, hereby certify that Legal Complaint filed on June 30, 1995 and filing of the 3301(d) Affidavit on April 27, 1998 has been served upon the Defendant, Tracy L. Bailey, by publication in the Sentinel, a newspaper of general circulation, on December 30. 1998 as evidenced by the Proof of publication attached hereto, marked Exhibit "An and made a part hereof. Respectfully submitted, \ l .. .- ._.'~'-~'-". /. - -- EXHIBIT "A" PROOF OF PUBLICATION - 2 . fBOOF OF PUBJ,.ICnION State of Pennsylvania, County of Cumberland. Sherry Clifford, Classified Advertising Manager of THE SENTINEL, of the County and Stete afore.ald, being duly .worn, depo.e. and .ay. that THE SENTINEL, a new.paper of general circulation In the Borough of Carll.le, County and Stete afore.ald, wa. e.tebll.hed December 13th, 1881, .Ince which date THE SENTINEL has been regularly I..ued In .ald County, and that the printed notice or publication attached hereto I. exactly the .ame a. waa printed and publl.hed In the reular edItion. and I..ue. of THE SENTINEL on the following date., vlz Copy of Notice of Publication ..~ . , W#'II!{;< ". .. UGALNOTlC. 'i!!!1lIACYLlAUY. . . ~''I!=~~:~~~._1tfl .... ..; f";,"1lIACYLlAUY,__ .... "',:, U. ....COUllTlqOUIITOPCOMIIONPLIA.O' ; ... CUMIIRLAND COUNTY PA . I' . . DOCKIT NUMI.R,_DO CIVIL TiRM TYPIOP ACTlOflI DIVORCI UNDIIII.CTION nol(d) . I'UIIuonllOlnOnlo'oICou~dalodDlCombo'2I,I",,' ~,1lIACY L lAlLEY, Ire horoby being olYod by JMlICoIlon willi Notlca 01 tho flllng oIl DJYo..o ClHllPIIlnl on """" :10,1"5 one! 33011d) A_Ylt on AprH 27, \808. YOU AIlE HEREBY NOTIFIED 1110 PIoInIllt, Douglo. M, WhttIIr" ...klna Ihe entry 01. deere. In divorce und.r lKUon 3301 (<I) or the Plnn.ytvlnil Dtvorc. Cod, baled on the Iact thallhl plrtlll have btln leparalad lor. Plnod in tlCe.. 01 two (2) Yllralnd that thl m.rriI~ "irretrievably _n, YOU HAVE BEEN SUED IN COURT, "rou wllh 10 dolond against the d1lm, III torth In tn. followVlg pag.., you mUI' .... PfQmpIICUon. You Ir. warned that If you f,1I to do 10, the CUI may proceed without you and . deere. at divorce or annulment may be .nt.red tgllntl you by th4t court. A judgment may alto be anl'red aoalnll you lor anyolh,rclllm or rill" rtqUlltld In CheN pape... by the Plalnltlf. You may kll' monty Orproplrtyorolhll rightllmportan11o you, lnclucf.. log CUltody or vtlltaUon ot your chld"n. ' When the ground for divorce Illncfignltl'l or Irretrtevabte btNkcIown of the maNllg., you may requllt manilgl counatUna. A hi of marrilge counlllo...11 avallabl,ln the 0'. nee of the lIrothonotlry al the Cumberland County COufthoull, Carlile, PaMlytvlnla. IF YOU DO NOT FILE A CLAIM FOR AUMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAYLOSETHE 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 AF. FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH SELOW TO FIND OUT WHERE YOU CAN GET LEGAl HELP, CUIiIBIRLAND COUNTY BAR AIIOCIATION 2 LlIIIlTY AVINUE, CAIlUlLE. PA lT011 lT1n 241-111. "you with to dlny Iny 01 thl ltatlmlntlIII lorth In lhI3301 (d) AmdIYIIIItd In thl. actJon, you mUll tOe I counler.affldavtt WIlhk\ twenty daYSlhar ahe AftldlYfl hat bt.n IIrved on you, tho cillo 01 okl.oMeo bolng tho dill 01 tho publication 011l1ll Node. or the .tat.menll wII be Idmlnld. . Dlono G. R._, Eaqutto 344B T~ndI1 ROld, Clmp Hili, PA 17011 Plio..: (71T)737.o100 Supreml Cou~ 10 .32112 AltOrnoy 10, PIoInW I December 30, 1998 Affiant further deposes that he Is not Interested In the subject matter of the aforesaid notice or advertisement, and that all allegations In the foregoing statement as to time, place and character of publication are true. My commission expires: Sworn to and subscribed before me this 31st day of December ,19 98 ~",-,<.et.1- 0 .~~ Notary Public NOlo"al 5001 Shlrlev O. Durnin, NOlary Public Cr.:il:"C Aoro. Cumberland Counly My Comm;,,:on Etpiro. Aug, 9, 1999 Member. Pennsylvania A:;socialion 01 NOlaries ~- Q '0 " ~:':; '.D , 1 ! -, , r ;-~ :-.;:n r;1 .~ - I , 8 ; ,. '-' I ; j .' -.c..J :~.. -j:;.j ..-", :,;,:fr1 ? ,. ::? I..~..: u, "!:-- -.! ~ :.tJ (" .'. UIANE G. RAIlC'l.II'F 344M TRINIJU; RlJAIl CAMI'IIII.I.,I'A 17011 l'II0NE (717) 737,0100 FAX (717) 'm-1JI>97 11>" 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS M, WHEELER, Plaintiff V. TRACY L, BAILEY, Defendant NO. 95-3520 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE BY MAIL AND NOW, this 29th day of December, 1998, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the Divorce Complaint filed on June 30, 1995 and filing of the 3301(d) Affidavit on April 27, 1998, upon the following named person, by mailing same by first class mail, postage prepaid, addressed as follows: Tracy L. Bailey Renaissance Hea1thcare Corporation 4720 Gettysburg Road Mechanicsburg, pA 17055 n Ie Road , P A 17011 e: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 f~ ," t.:) v~ " ~ "' , " p , i:n , ,,) :-.hi , '9 '- ." )CJ E-~ t :::.. ,I::j] <" :;~.: ":(~ "r" ~ ---"r .-:--( 0 .". ~ ,- c:" :::! ...1 ~ ,- '!'....~.~ --- , i'i: 1"" ... -" e; .f. .... I- ii; :~~1 "f. ~~J \ L.. :r. (.J:-.. -L' .. ... , 0.:: :,:~ ~J .L.r:' t' \ : .... ~ - co" lH,~ N "1 :::~ Of""" I ;-< \ ;-rrt) U::: ~ I r ~" 0.< .:1,1.. -, ". ~. 'l- I" :..J 0 c...... U .. . .. - ,. .' .. ~ ..", . o ~~!~ ~ ~I/l~ d !~~ ~<Ut IS u . , . ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS M. WHEELER, Plaintiff NO. 95-3520 V, CIVIL ACTION - LAW IN DIVORCE TRACY L, BAILEY, Defendant CERTIFICATE OF SERVICE AND NOW, this ~"2....~_day of .;;;o"Y' 1l1^1-' 1999, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that Legal Notice of the Divorce Complaint filed on June 30, 1995 and filing of the 3301(d) Affidavit on April 27, 1998 has been served upon the Defendant, Tracy L. Bailey, by publication in the Cumberland Law Journal, a newspaper of general circulation, on January 1, 1999 as evidenced by the Proof of Publication attached hereto, marked Exhibit "A" and made a part hereof. Respectfully submitted, \ DIANE G. SQUIRE Road Camp A 17011 717) 737-0100 Fax: (717) 975-0695 Supreme Court 10 # 32112 . , . EXHIBIT "A" PROOF OF PUBLICATION -2- . , . - . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, L.1784 STATE OF PENNSYL VANIA : 55, COUNTY OF CUMBERLAND : Roger M, Morgenthal, EsquIre, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2. 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2. 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates. Viz JANUARY 1. 1999 Affiant further deposes that he is authorized to veri fy this statement by the Cumberland Law Journal. a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are ----- SWORN TO AND SUBSCRIBED before me this ...L.dayof JANUARY. 1999 ~~~'/ L ~ Notary NOTAIltAL SEAL LOIS e, SNYD!R, Holory Public eoriitl. lore. Cumb"ttan J Caun"'. PA My C"mml.tion ("pir., Morc:h~, 2001 LEGAL NOTICE Court of Common Plea. of Cumberland County, pA 95.3520 Clvtl Tenn RE: DOUO~ M, WIIEELER, Plalnllrr, v, TRACY L, DAILEY. Dc:fendant 'lYl'E OF ACTION: DIVORCE UNDER SECTION 3301ldl TO: TRACY L DAILEY l'ul'lluant to an Onler of Court dated Deeember 21. 1998, you. TRACY L BAILEY, n.e he...by being servrd by publlrolJ.Jn wtth Nollce of the mlng of a Dlvom: Complaint on June 30. 1995 and 3301ldl AIIldavtt on Aprtl27. 1998, YOU ARE HEREBY NanFlED the I'Ialnllrr, Douglas M, Whceler Is seek. Ing the entl}' of a dee...e In dtvom: under seellon 330 lid) ofthe ""nnsyl. vania Dlvom: Code based on the fact that the parties have been separoted for a pertod In excess of two 12) yeol'll and that the marr1age Is Irretrtevably broken, YOU HAVE BEEN SUED IN COURT, If you wtsh to defend against Ihe claims set forth In the followtng pages, you must take prompt aellon, You a... warned that If you fall to do so, the case may proceed without you and a decree of divorce or annulment may be entered agnJnst you by the court, A Judgment may also be en. tered all8lnst you for any other claim or ...lIef requested In these papel'll by the PlnlntUf. You may lose money or property or other rtghtsImportnntto . you. Ineludtng custody or vtsltallon of your ehlld...n, When the ground for dlvom: ts Indlgnllles or trretrlevable break. down of Ihe marrtage, you may I'C' quest marr1age counseling. A list of marr1age counselol'll Is available In the Office of the !'rothonotal}' at the Cumberland County Courthouse, CarUsle. ""nnsylvanla, IF YOU DO NOT FILE A ClAIM FOR AUMONY. DMSION OF PROP. ERTY, COUNSEL FEES OR EX. pENSES BEFORE TIlE FINAL DE. CREE OF DIVORCEORANNULMEm' IS ORANTED. YOU MAY LOSE TIlE R101lTTO CLAIM ANY OFTlIEM, YOU SHOULD TAKE TIllS PAPER TO YOUR ....WYERATONCE,IFYOU DO NOT IlAVE A ....WYER OR CAN. NOT AFFORD ONE, OOTO ORTELE. plIONE TIlE OFFICE SET FORTIl BELOW TO FIND OlTT WHERE YOU CAN OET LEOAL IIEIJ>, CUMBERLAND COUNIY BAR ASSOCIATION 2 Uberty Avenue CarUsle,PA 17013 1717)249,3166 If you wtsh 10 deny any of the statements sel forth In the 330 lid) AIIldavtt med In this aellon, you must me a counter.nII1davtt wtthln twenty days aner the AIIldavtt has bcen servrd on you. the date of said servtce being the date of the publleallon of this Nollee or the staternenls will be admitted, DIANE 0, RADCUFF, ESQUIRE AlIomey for Plalnllrr 3448 Trtndle Road Comp HlII,pA 17011 1'I10ne: 1717)737'0100 Sup...me Court 10 132112 Jon, I CWDberlaDd Notle.. ."~ - I 02/17/9'3 10130 DIANE G RADCLIFF ~ 2406573 . , t-IJ.181 002 .,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS M. WHEELER, PLAINTIIi'F No. 95-3520 v. TRACY L. BAILEY DEFENDANT CIVIL ACTION - LAW : IN DIVORCE l!I!R'l'IP:rt!a.'l'B OP SBRV%CIl AND NOW, this 25'h day of January, 1999, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served the Notice of Intent to Request Entry of Divorce Decree Under Section 3301 (d) and 330l(d) Counter-Affidavit upon the Defendant, TRACY L, BAILEY, upon the following named person by mailing same by first class mail, postage pre-paid, addressed as follows: Tracy L, Bailey Renaissance Healthcare Corporation 4720 Gettysburg Road Mechanicsburg, PA 17055 Respectfully .:~[". , d 7011 ho 7) 737-0100 ax: (717) 975-0695 Supreme Court ID . 32112 Attorney for Plaintiff DIANE Go I\AIICUff 3441 'IlIINDLE ROAD CAMP HILL, PA 17011 (117) 737.0100 02"17"99 1Ii!1IJ0 DIRI'E G RADCLIFF.. 2406573 .. i'IJ,lB1 003 . . .. I' l EXHIBIT "A" 02'-17'-99 DIRIE G RADCLIFF" 2406573 1<1,181 004 10130 . ~ ,..) t DIANE G, RADCLIFF 3448 Trindle Road Camp Hill, PeMsylvania 17011 Telephone (717) 737.0100 Voice Mall (717) 558.SS18 Fax (717) 975..0697 January 25, 1999 Tracy L. Bailey Renaissance Healthcare Corp. 4720 Gettysburg Road Mechanicsburg, PA 17055 Re: Wheeler v. Bailey Divorce Action: 95-3520 Dear Ms. Bailey: Since you have not filed any response to the divorce Compla1nt and 3301ldl affidavit which were duly served upon you in accordance with the Pennsylvania Rules of Civil procedure, I am enclosing with this letter the following documents: 1. Notice of Intent to Request Entry of Divorce Decree Under Section 33011d)i 2. 33011d) Counter-affidavit, Very truly yours, ~JANE G. RADCLIFF, ESQUIRE DGR/dr Enclosure, Notice of Intent 33011d) Counter-affidavit cc: Doug Wheeler 02~17~'3'3 DI.'NE G IlADCUFF 10130 DIANE G RADCLIFF ~ 2406573 toIl.1B1 005 . " --' l IN THE COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVANIA DOUGLAS M, WHEELER, Plaintiff V, NO, 95-3520 CIVIL ACTION . LAW IN DIVORCE TRACY L. BAILEY, Defendant NOTICR 01' INTENTION TO REQUEST ENTRY OF 3301 (4) DIVORCE DECREE TO: TRACY L. BAILEY, DEFENDANT You have been sued in an action for divorce, You have failed to answer the complaint or file a counter-affidavit to the 3301(d) affidavit. Therefore, on or after February 16, 1999, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter- affidavit by the above date, the court can enter a final decree in divorce, A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief, A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. The filing of the form counter-affidavit alone does not protect your economic claims. 02/17/99 10130 DJFN: G RADCLIFF" 24B657J 1t),181 006 . oJ t YOU SHOULD TAXI: THIS PAPSR '1'0 YOUR LAWYER AT ONca. %r YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELBPHOld THB OFFICE SET FORTH BELOW TO rIND OtJT WHnB YOU CAN GET LBGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PA 17013 (717) 249-3166 Respectfully submitted. I~~E G, RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone 1 (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff .. DIANE 0 RADCLIFF ~~: . ..n T"n.U"" r nn.n 132/17/9'3 113130 DIANE G RADCLIFF ~ 2406573 t-I),181 , ,. ...;' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS M, WHEELER. plllint if f NO, 95-3520 V. TRACY L. BAILEY, Defendant CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(4) OF THE DIVORCE CODE 1. Check either (al or (b): (J (a) I do not oppose the entry of a divorce decree. () (bl I oppose the entry of a divorce decree because Check (i), (ii) or both: ( ) (i) The parties to this action have not lived separate and apart for a period of at least two years. The marriage is not irretrievably broken. [ ) (ii) 2, Check either (a) or (hI 1 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, I wish to c~aim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important righte. I understand that in addition to checking (bl 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 Not1ce 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. [ J (a) [ ) (b) Date: Detendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DBCREE AND YOU DO NOT WISH ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT PILE THIS COUNTER-APFIDAVIT. OL\NE Ci RAOCutl' IM7 " ", I I (") VJ (") r.:: U:I on ~': .." ;<~ -Y'fH r'1 f!Jti In :"'l '!;: ~~" ." (~j:l,: ..... ;:'J r-~t.~ '-' )... ~:H ~;;("l ::r: '7fri ~:'t ,_.., '9 l5 ;.~c- -. .... ~ W ~ -<; en IIIANE G. RAOCLlFI' 3448 TRINOLE ROAI) CAMP IIII.L. PA 17011 (717)737-<1100 . . - . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOUGLAS M. WHEELER, Plaintiff V. TRACY L. BAILEY, Defendant NO. 95-3520 CIVIL ACTION - LAW IN DIVORCE CERTIFICATION OF SOCIAL SECURITY NUMBERS In accordance with the Rules of Civil Procedure, I, Diane G. Radcliff, Esquire, Attorney for the Plaintiff, hereby certify that the social security numbers of the parties are as follows: 1. Plaintiff: 200-50-9100 2. Defendant: 163-48-3072 Respectfully \ , Road Ca , P A 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff (") VJ ~ S y:, ". .." :::i riin:; ", 'ffl ~9? o:J : ':1~. -J~ -....,- :/J 0~: --./ :J ~t:. ". :j~~ -~ ::r: ~) -'X '. . ~'; J .0 urn );.c .. 'b! ~ w ~ ~ en -<