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Home My WebLink About95-03709 c t ? . .IJ 7 c t 7' E ~ J I 0-1 01 C' cY) A ---~---~~~~~-~------)~:~;'~.~~-~-~.~ . ---.... -.--.--- ----------.......---......~-~,--....~._......-'-._..,---_.. . ~ 8 ~ $ ,- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF 1~~ PENNA. vi ',' S ~ ,;, i:; 3 s .', ~ s ..SHIRLEY.A_ VAUGHN, Plaintiff i\: (). H"~'5.:::,3.?(),9., ,..,.",......... 19 v ',' v ',' Vl'I'.';;lIS v ',' HOWARD L. VAUGHN, JR., ,', ~ ~ ',' Defendant " w ',' w ',' DECREE IN DIVORCE ,', ~ SJ ~ (; v '.' AND NOW, '" fe~(I,)'-;U'l" 7""",. 19 ,~?,". it is ordered and decreed that ,.", ,~J:I~~,I;~~, ,^.', ,Y~,~~I:'!'l, , , , , , . , , " " " , , , , , ".. plaintiff, and, . , , , , , , , , , , , "!,,.o,I'!~~P, ,r,:, YNJG!"!'l." ,ol!l,', , , , , , , , , , , " , , '" defendant, are divorced from the bonds of matrimony, ~ " ,.; ~ w ". w ',' s 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; ~ ',' ~ ". s ~ " ,;, i:; ~ '.' w. ',' .', ~ ~ w ," w. ',' s .', ~ .', ~ w '" ,', ~ ~ ~~ w ". w ", w ',' ~ ,:, ~ " $ w ," s s ~ ',' ~ ~ ',' s ~':I~, ,~~~!'I,s, ,<;If, :r:f!~, !",~~~:r,A,I, ,?~,~~~!,!",r,;W!" ,A,q~!>~,t1F;W:r, ,QP.T~P. .'1l\N,QAar, ,7." 1997 * * Uy The C,o/A.1: /J o/lk. : O ~ e-'...~ 1&". ~ i':' Allesl: :-...'-tJwu,.~ c' r.Jak~ A . ~ '~ .J. L/ &'~AL 'fl ~~ ~/' tlt:i. A ~~f:' k 'Y ; '1>. " I Prothonotary I . i~ /-.' , s ARE, .ATTACHED, J-lERE:r,O ,AND ,INCORPOR,l\TED, ,HERE'I,N. BG'l' ,NOT 'MERGEEl' It:fTH THIS DOCUMENT. .', ~ ~" ~ S ,,' ~ M .' ~ .' l'. ~ ~ :;',---- ~~:. .~:. .:.:. ~ . , - . -. ,.~ - . ~.. ~ . , ' . , > - . , , ., ,- ~ ..... .:+:. .:+:. -:.:. .:+:- .:.:- .:+:. .:+:. .~.:. .:.;. .:.;. .:.;. .:.;. .:.;. .:+;. .:.:. .:.:. .:.:. .:+:. .:.:. .:.:. .:+:.' 4>-'..1~,_. oJ? n W' (#/7 /Pf~ .~a1: IJ!~. d'/,?) '-T'~i' ,P"a..d/ /~ /~'IJz~. -, . . utili ."-h"JI\IUL) IL.U" ... ~lIdrU I w~uu~r Jr ~~q, III II t>t>Uoll I'. UUl -;:' . 4 MARITAL SETILEMENT AGREEMENT THIS AGREEMENT, made this ~ day ~f'~"." 11""'-' , 1997, and between HOWARD L. VAUGHN, JR., here after ref rred to "HUSBAND", and SHIRLEY A. VAUGHN, hereinafter ref rred to "WIFE" , by as as WHEREAS, the parties hereto were married on July 18, 1986; and WHEREAS, there were no children born of this marriage; WHEREAS, diverse unhappy differences, disputes, and difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and to settle fully and finally their financial and property rights and obligations between each other; and WHEREAS, WIFE instituted a divorce action on July 12, 1995 to docket number 95-3709 of the Court of Common Pleas of Cumberland County, pennsylvania. NOW THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. ADVICE OF COUNSEL The provisions of this Agreement in their legal effect have been fully explained to the parties by the respective counsel, Richard L. Webber, Jr., Esquire, for WIFE, and Jerry A. Weigle, Esquire, for HUSBAND. The parties acknowledge that each has received independent legal advice from counsel of their selection and they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreements. 2. PURPOSES j I " J The purposes of this Agreement are to effect a . ..IIUI- 1-'''''I\,IULL~---''I~lIdrU I uuuuur Jr Ubq ~. 1111 1\I\lUlI\I .'.uu" . ,,' .. complete and final settlement, between the parties as to their property rights and obligations to support each other. 3. WARRANTY OF PULL DISCLOSURE Each party represents that he or she has fully disclosed to the other party all marital and nonmarital assets, as defined by the Pennsylvania oi vorce Code. Each relies on the disclosures of the other party in entering into this Agreement. The parties also acknowledge that they have each had an opportunity to value or have appraised any and all property. In the event that it shall be determined that either party has failed to disclose any property subject to distribution pursuant to the laws of Pennsylvania, such failure to disclose shall not nullify, void or cause this Agreement to fail, but the aggrieved party shall have the right for a period of six months from the date of the discovery of the assets to seek a judicial distribution of such omitted property. Should the aggrieved party have negligently failed to discover undisclosed assets, the six months shall begin to accrue at the time a reasonable person would have made a discovery. 4. NO INTERFERENCE It is, and shall be lawful for the parties hereto at all times to live separate and apart from each other and to reside from time to time as such place or places as each of such parties may see fit and to contract, carry on and engage in any employment, business, or trade, which either may deem fit, free from control, restraint, or interference, direct or indirect, by the other in all respects as if such parties were sole and unmarried. Neither party shall in any way molest, disturb, or trouble the other or interfere with the peace and comfort of the other or compel or seek to compel the other associate, cohabit, or dwell with him or her by any action or proceeding for restoration on conjugal rights or by any means whatsoever. 5. BANK ACCOUNTS The parties acknowledge and agree that all money has been divided by the parties satisfactorily and neither party shall make any claim to any such account or money currently in the possession of the other. 6. HOUSEHO~D AND PERSONAL PROPERTY HUSBAND and WIFE have previously agreed upon -'. J' ...... . II. . ..... ....'V I , .~,,,. ~. .. distribution of all items of personal property, WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate property of HUSBAND, and HUSBAND agrees that all property in possession of WIFE shall be the aole and separate property of WIFE. Each of the parties does hereby specifically waive, release and renounce any further claims with respect to the above items. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights 1n any personal property from each to the other. 7. AUTOHOBII.ES HUSBAND shall retain all the motor vehicles, including the 1991 Chevrolet Corsica and the 1988 Chevrolet pickup truck. The parties shall fully cooperate in signing any automobile transfer and registration documents and insurance forms so that the above distribution can be finali~ed. 8. REAL ESTATE I Upon HUSBANDS fulfillment of his obligations under the terms of this Agreement, WIFB shall release any interest that she may have with respect to the real estate owned by BUSBAND located at 300 Running Pump Road, North Newton Township, Cumberland County, Pennsylvania. 9. PENSION, RETIREMENT AND OTHER EMPLOYEE BBNBPITS HUSBAND and WIFE do hereby waive any and all rights that each has with respect to the other's pension, retirement, and other employee benefits. The parties agree to promptly execute any documents necessary to release his or her interest in the other party's benefits. 10. MARITAL DEBTS HUSBAND shall be responsible for the payment of any remaining balance owed on the Dauphin Deposit automobile loan. Additionally, HUSBAND shall be obligated to pay the mortgage on the real estate. The parties agree that as of the signing of this Agreement, they do not possess any joint credit cards, and each will take the necessary steps to cancel any credit card accounts which presently exist in joint names. Unless otherwise provided herein, each party assumes the debts, encumbrances, taxes and liens on all other assets each will hold subsequent to the date of this Agreement. .' .' ' ~.1. ~C.Q'" Q ",",',,"./ \JU~"'\.W.. '&''''''''''01 . . WXFB represents and warrants to HUSBAND that sinca the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND lIiulnless from any and all claimB or demands made against him by X'eason of liuch debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. HUSBAND represents and warrants to WIFE that, since the separation has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFB harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. 12. CASH PAYMENT HUSBAND shall pay to WIFE the sum of $ 16,500.00 by cash, certified check or money order. HUSBAND shall use his best efforts to obtain a mortgage and/or to otherwise attempt to accumulate said amount. In the event that he is unable to do so within 60 days, he shall execute a Mortgage in this amount in favor of WIFS, at an interest equal to the prevailing rate at that time. In the event that the parties cannot reach a solution within 30 days subsequent to the execution of the Mortgage, either party may petition the Divorce Master or-Court to resolve this issue. 13. SPOUSAL SUPPORT, ALIMONY PENDENTB, LITE, ALIMONY The parties agree that HUSBAND'S current spousal support obligation shall cease upon the execution of this Agreement and the Affidavit of Consent and Waiver of Notice and delivery thereof to WIFE'S counsel. Each party does hereby waive any and all rights that each has with respect to alimony pendente lite and alimony. 14. ATTORNEY FEES, COURT COSTS Each party shall be responsible for any attorney fees or costs that he or she incurs. HUSBAND and WIFE to hereby waive any and all rights to recover such expenses from the other party. 15. INSURANCE All current and/or future life insurance policies on either party may be changed and/or amended to delete the UlIIt I ,...hJI,IULJ "-II 1!.~lhUU I WUUU~.~_JI tfbij .' ' t IllltJlJUul) t'. UUlo . .' ~ other party as beneficiary thereof and each party shall be Dolely liable for premiums on his or her own policies. 16. EQUITABLE DISTRIBUTION This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with rcgard to the rights of each party, The division of existing marital property is not intended by the parties to constitute in any way sale or exchange of assets. Each party hereby acknowledges that this Agreement adequately provides for his or her needs, that it is in his or her best interest, that the parties have divided their marital property in a manner which conforms to the criteria set forth in Section 3502 of thc Divorce Code, and that the Agreement is not the result of any fraud or any undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraioemcnt of all of the marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C, The right to have the court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the court determines to be marital. D. The right to have the court decide any other rights, remedies, privileges or obligations covered by this Agreement, including but not limited possible claims for divorce, spousal support, alimony pendente lite, and counsel fees, costs and expenses, 17. MUTUAL RELEASE lUlSBAND and WIFE do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other. the estate of ~uch other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or widow's f'.''C', 1 II 1 1......Uu... LlIUt 1- h.hJI\ IUL J It.. II ., rl~lIdru 1 wUlJuur Jr Ubq .' . or widower's rights, family exemption or similar a110wanco or undor tho intootato 1awol or tho right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees. costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 18. MUTUAL COOPERATION HUSBAND and WIFE shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to the signing of any documents that may be reasonably necessary to give full force and effect to the provisions of this Agreement. 19. TAX CONSEQUENCES By this agreement, the parties have intended to effectuate and by this agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 20. TAX RETURNS AND AUDITS HUSBAND and WIFE represent that all federal, state and local tax returns required to be filed by HUSBAND and WIFE have been filed. and all federal, state and local taxes required to be paid with respect to the periods !'.UUI U'UI' ,-,,,,,,, 'ULI '''01'' "'GIl!'r.U I wuuuur )I" U5U . !.!.I. f/ l;bUill; ".UUiJ . . . covered by fiuch returnD are paid, HUSBAND and WIFS further represent there are no tax deficiencies proposed or assessed against HUSBAND and/or WIFE for sueh periods, and neither HUSBAND nor WIFE executed any waiver of the Statute of Limitations on the assessment or collection of any tax for such periods. 21. TAXES FOR YEAR OF DIVORCE HUSBAND agrees to be liable and obligated and shall timely pay and hold WIPB and her property harmless from any liability of HUSBAND for federal income tax (including penalties and interest) as shown on his separate United States individual income tax return for the tax year of 1996. WIFE agrees to be liable and obligated and shall timely pay and hold HUSBAND and his property harmless from any liability of WIFE for federal income tax (including penalties and interest) as shown on her separate United States individual income tax return for the tax year 1996. 22. PRESERVATION OF RSCORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 23. BANKRUPTCY The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. 24. AGREEMBNT BINDING ON HEIRS This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and successors in interest. 25. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT The Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing, signed by both parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and r;}iscourage either pl\rty from reconciling with the other party 1I0 as to obtain monetary beneUtlJ. Further, the parties hereto aCknowledge that legal effect of a reconciliation and that they have qiven due consideration to such matters and questions, and that each party underwaist into this Agreement, and the terms of this Paragraph freely, voluntarily and with full knowledge anr;} understanding. 26. NO WAIVER OF DEFAULT This Agl:eement. shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way aefect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 27. BREACR If either party breaches any provl.sl.on of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and cost incurrer;} by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 28. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. APPLICABLE LAW This Agreement shall be conlJtruer;} under the laws of the Commonwealth of Pennsylvania. ,- ," 30. ENTRY hS PART OF DECREE It is the intention of the parties that this Agreement shall survive any action tor divorce which was instituted or prosecuted by WIFE and no order, judgment or decree of divorce, temporary, inter- locutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied in and made part of any such judgment or decree of final divorce. 31. SUBSEQUENT DIVORCE The parties ucknowledge that WIFE instituted an action for divorce under Section 3301(C) of the Penn- sylvania Divorce Code. HUSBAND and WIFE agree to pursue without delay preparing and executing the necessary documents to tile for the entry of a Final Decree under Section 3301(c). HUSBAND consents to the entry of said Decree and will execute and deliver to WIFE'S attorney any and all other instruments necessary to .Jccomplish the entry of said Decree. HUSBAND and WIFE acknowledges that the marriage is irretrievably broken. 32. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties, and there are no representations. warranties, covenants or undertakings other than those expressly set forth herein. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 33. EFFECTIVE DATE This Agreement shall be effective on the date above first written if both parties sign on the same date; otherwise, it shall become effective upon the signing by the last party to do so. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. - ,-' This Agreement is executed in duplicate, and in cour.ter. parts. HUSBAND and "Ira acknowledge the receipt of a duly executed copy hereof. "-.- CT Witness 11 (' /' l "'.," L/' ..'( . vv.v~,,: witness rJl-ltv-au/ ./ &/)/M.Jt!. a ....HOWARD L. VAUGHN, Jrt . - l'l L... .... " ACItNOWLBDGSMBNTS STATB OF PENNSYLVANIA : : SS COtlN'rY 0' CUMB~ I ( On this I ~ day oft' "L"t.t{..( , 1997, before me a Notary Public, ..the undersi n d officer, p. rsonally appeared HOWARD L. VAUGHN, JR., known to me.' (or satisfac orily 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. WITNBSS my hand and o~ aid. 7 MIAl SEAl. JIny A. WIlalI, NolaIy PublIc BllIlll*IIbwv, PA CUmlIIIlInd COIIII\y My ConlmIIIIon Explra July 31,1998, STATE OF PENNSYLVANIA : I SS COtlN'rY OF CUMBBRLAND I fL. , On this I 7 day of ,,'v' v. T-;-' , 1997, before me a Notary Public, the undersigned officer, personally appeared SHIRLEY A. VAUGHN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. WITNESS my hand and official seal, the day and year aforesaid. -'ll-//1. ~~/~// Notary Public , NOTMW. SEM. RlCHAAO L ~ar.= PIlBUC :fM~.~Al'RI.~~ . ~"'t.- ,~1,\"!,. ~- ,;{i I~l' it*' "\ ,t Jrl.; [1\' _: ..~'t': i,:,'". ~t~ 't.4)""~ }~.~' ~". " l .,\It.../~'! ,1 ,\:l'}!u" <. ~ . '" n .r> n ,- -J .i ~.. ~:lf~'i : I '" ;:J .". il> " ::~) " ,=> ' -I ,'r )c"1 ~.. -~ -11 ~:: L ~. l') i --1-11 ._-. ..' ~ :..~ -~ :1, ", -'. IN WE coorrr OF c:cMMON PLEAS OF ClJ.1BERLlIND COOm'Y, PENNSYLVANIA 00.95-3709 CIVIL 19 SHIRLEY 1'1. VAUGHN, Plaintiff vs. HOWARD L. VAUGHN, JR., Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~X~lXJC of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the canplaint: July 18, 1995 by Acceptance of Service. 3. Canplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff January 17, 1997 by the defendant January 7, 1997 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: NIl'. (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code NIl'. .'7-1/ /1 .~a--i' Attorney for Plaintif~~Kt Richard L. Webber, Jr. ~ 0 - ( 0_.' ,) ....., '0, " ;1 .,", '" 'i''''; :71 0 , ~J , () -. --'I , :':1 () ;nJ :..l -j -~ '0- In ::1 " ~ ;.. :>>:= ::i,':. -: t};-~~~~~. ~ ::.;".:. co ;~i," ,: '" - ~ .' <!:SA -? ' "'t) , ,. f')" '\ \ \ V)~ >Ql.: ~ ~ " ~) ~ ~ " 'll "- I') ~k ~fi \\ .~~ -~ ~-~ ..\~ .~ .:$ --l![~ ~}.. \'i ~'l.' ft: i IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY A. VAUGHN, PLAINTIFF CIVIL ACTION - LAW v. NO. 96- 370,/ CIVIL TERM HOWARD L. VAUGHN, JR., DEFENDANT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS ,You have been sued in court, If you wiBh to defend against the claims Bet forth in the following pages, you mUBt take prompt action. You are warned that if you fail to do BO, the caBe 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 againBt you for any other claim or relief requested in theBe paperB by the plaintiff. You may lose money or property or visitation of your children. When the ground for divorce is indignitieB 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, CarliBle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone (717) 240-6200 :1 '\1 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY A. VAUGHN, PLAINTIFF CIVIL ACTION - LAW v. NO. 95-370' CIVIL TERM HOWARD L. VAUGHN, JR., DEFENDANT IN DIVORCE COMPLAINT IN DIVORCE COUNT I GROUNDS FOR NO-FAULT DIVORCE UNDER SECTION 3301(cl or 3301(d) OF DIVORCE CODE 1, Plaintiff is Shirley A, Vaughn, who currently resides at 508 South West Street, Carlisle, Cumberland County, Pennsylvania, since May 17, 1995. 2. Defendant is Howard L, resides at 300 Running Pump Road, Pennsylvania, since February 1969. Vaughn, Newville, Jr., who currently Cumberland County, 3, Plaintiff and Defendant have been bona fide residentB in the Commonwealth for at least six (61 months immediately previous to the filing of this Complaint, 4, The Plaintiff and Defendant were married on July 18, 1986 in Hagerstown, Maryland. 5, There have been no prior actions of divorce or for annulment between the parties, 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8, Neither Plaintiff nor Defendant is in the naval Bervice of the United States or its allies provisions of the Soldiers' & Sailors' Civil Relief Congress of 1940 and its amendments, military or within the Act of the 9. Plaintiff requests the court to enter a decree of divorce, , , n ,! \' COUNT II GROUNDS FOR DIVORCE UNDER SECTION 3301(a)(b) 10. The prior paragraphs of the Complaint are incorporated herein by reference thereto, 11, Defendant has offered such indignitieB to Plaintiff, the innocent and injured spouse, so as to render Plaintiff's condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests that Honorable Court grant her a decree in divorce. your COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3104 AND 3502(a) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto, 13. real and marriage Plaintiff and Defendant have acquired property, both perBonal during their marriage from the date of Baid until the date of their separation. 14. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property, WHEREFORE, Plaintiff equitably distribute the purBuant to 3104 and 3502(a) respectfully requests marital property of of the Divorce Code. the Court to the parties, COUNT IV REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104, 3323, 3502(e) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff has employed Richard L. Webber, Jr., Esquire to represent her in this matrimonial cause. 17. Plaintiff iB unable to pay the necessary counBel fees, costB, and expenses and Defendant is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, COBts and expenses, prior to final hearing, Plaintiff requestB that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counBel feeB, costs and expenses. ~A")~~ Rie ard L. Webber, J . Attorney for Plaintiff 366 Green Spring Road P.O. Box 40 Newville, PA 17241-0040 (717) 776-6666 Date: _? -- .:"3 0 - qJ)' I verify that the Btatements made in this Complaint are true and correct. I understand that false BtatementB herein are made subject to the penalties of 18 Pa.C,S,A. Section 4904, relating to unBworn falsification to authorities, .. i ,~ :\,::. . . .-- '~:-..... .: IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA SHIRLEY A. VAUGHN, PLAINTIFF CIVIL ACTION - LAW v. No. 96-3709 CIVIL TERM HOWARD L. VAUGHN, JR., DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE TO: CUMBERLAND COUNTY PROTHONOTARY I accept service of the Complaint in Divorce on HOWARD L. VAUGHN, JR.. Defendant, and certify authorized to do so. My relationship to Defendant counsel. behalf of that I is that am of DATED'~ /,7;/ i"/7S- t ( i....! JUL lG 9 "3 M'I'9S -t c .Jrf'r.!: Of 1',\, r " ;'.'.Oh,:Hr,i C\Wf.~':.I\. ~t~l' tl' .;;U"' P[Il",~cil!t'" .. i t I .. <., . L r , --"; ~- .- ..~ . -,~ -:--:----. ... -' SHIRLEY A. VAUGHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 3709 CIVIL 1995 HOWARD L. VAUGH, JR" Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 12, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 1 verfiy that the statements made in this affidavit arc true and correct. 1 understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. 14904 relating to unsworn falsification to authorities. Dated: !j~/;; ? 2!~~g~ J~U;~ /t, MARK, WEIGLE AND PERM INS - ATTORNEYS AT lAW - 126 EAST KING STREET - SHIPPEN50URO, PA. 17257 ri;:_, /---, .,"i.. i7~ ~. P-;: .':' ,'. ;.-:: ~' ~ -. .0 -J o on -I d~.. .-::1 :) ., ....;-~ '.l - , :;{ .... ~ A . ,.-- -' .-.-, ;'; '" (,;, SHIRLEY A, VAUGIIN, Plaintiff IN TilE COURT ot. COMMON PLEAS OF CUMUERLAND COUNTY, PENNSYLVANIA v. NO, 3709 CIVIL 1995 1I0WARD L. VAUGII, JR., Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 13301(c) OF TilE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S.14904 relating to unsworn falsification to authorities. Date: 1~/9.'l ~lj,/ 1J~~,et- ~ oward L, Vaughn, Jr., ~efendd6t MARK, Wr:IGLE AND PCRKINS -. ATTORNEYS AT LAW - 126 EAST KINO STREET - SHIPPENsnURO. PA. 17257 ~, (') c:: :.::- "T; ~h~ - c:y -:.~. ..,..-;. en, -- r;:: >'- ' ~:r' ~~ , ~ ..:> -J () on ..;rJ, "z .fJ -'J .:;J I~ :!I :>:n '~ ;j >' ~ -.J ~ ~~ :< ,'\) -<:- fn,mCFFICE CF - :..: 'I' c,", :r,', '''I/ rnJ I,. , ,.!, ".. ,..J Jl1 '17 .J!:1j 2;) PIl :1: n8 Cl;:.,~"j .::;Ll CC~:':TY l'i:t~i~SI'LWN'lI . . . .."~ ,-'.... + ..~: o. ....: " " - ,.. -' - . .. -..;:;-:. ',~..;:-.~.:..:.' -."" IN THE COllR'l' f:1!' COMMlm 1':'.f:AS FOR CUMBERLAND CCnJNTY, l'mm:JALVANIA SHIRLEY A. VAUGHN, CIVIL ACTION - LAW PLAINTIFF I V. I NO. 9!i-3'/09 CIVIL TERM HOWARD L, VAUGHN, JR., I DEFENDANT IN DIVOR(:E WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THR DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. :!. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divor~e decree is entered by the Court and that i'l copy of the decree will be sent. to me immr!diately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and cor~ect. I understand that false statements herein are made subject to the pentalties of 18 Pa.C.S, Section 4904 relating to unnworn falnification to 8uthoritien. Date: j - }'7 - 17 CU',.;: '. . H;..;'_' I.: .,. . -.._ P'-:::\'~'''''''r; \.'!, \1 \ t:1 ~'\I.J I ....~ \J f I .~ ,~, ,:r .-....-.....". nU:D ()j'flCE C~ ',... I"-'''~'''.-t'ny :0 j, ," , '.", " ,) ,." go 1 1"'2" . .. "~"~I .J Pil :\: 09 . . . /J-27-7~ ,.c " V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 95-3709 CIVIL TERM IN DIVORCE SHIRLEY A. VAUGHN, PLAINTIFF HOWARD L. VAUGHN, JR., DEFENDANT PLAINTIFF'S PRETRIAL STATEMENT PURSUANT TO Pa.R.C.P. 1920.33(bl 1. IiI Marital Assets li&m Value/Date of valuation Portion nonmarital Encumbrance (a) Defendant owns real estate, together with improvements thereon, situate at 300 Running Pump Road, North Newton Township, Cumberland County, Pennsylvania. The value of the property as of September 25, 1995, is $ 76,500.00. The property was valued at $ 54,000,00 at the date of marriage, July 1986. There are no encumbrances. (bl 10 cows $ 2,000.00 None None (c) HOgB $ 1,560,00 None None (d) 1991 car $ 5,500.00 None None (e) 1989 truck $ 6,500.00 None None (f I Tractor and Loader $ 6,500.00 None None (g) Camper $ 650.00 None None (hI Hower $ 900.00 None None (i) Weedeater $ 150.00 None None (J I Air compressor $ 300,00 None None ( kl Chainsaw $ 11 0,00 None None ( 1 ) 2 drills $ 100.00 None None , \ .- -, ---'~"""":,r--. ~~- ___ I . .~"_.. --...-....-...... ..,.. ~ Iml 45 pistol & holster S 250,00 None None In) Oil lamps $ 150,00 None None (0) Hydril L jack $ 30,00 None None (p) Tools $ 100,00 None None (q I Patio & Porch $ 500,00 None None I r) Kitchen $ 500,00 None None (s) Plow $ 80,00 None None ( t) Haymower $ 150,00 None None (u) Old money $ 200,00 None None (v) 3 Rifles $ 450,00 None None (w) Dehumidifer $ 185,00 None None (xl Canned goods $ 100.00 None None (y) Meat in freezer $ 500,00 None None (beef & pork) 1. ( iil. Nonmarital assets (a) Value of real estate as of July 1986. ( b) Other personal property not listed above. 2, Expert witnesses Ron Sailhamer, Realtor 3, Other witnesses None, 4. Exhibits (a) Deed to real estate located at 300 Running Pump Road, North Newton Township, Cumberland County, Pennsylvania. (b) Appraisal report prepared by Ron Sailhamer, Realtor. (c) 1995 Federal income tax return lin Defendant's possess ion) , ~~ r - _. ~.-.~ (d) 1995 Pennsylvania income tax return (in Defendant'B possession), (e) Billing statements for attorney fees, (f) Pay stubs, 5, Income Plaintiff presently earns $ 6,20 per hour, She is employed by Dickinson College. She works 40 hours per week, Her net income is $ 405,01 every two weeks, 6, Expenses None, 7, Pension or retirement benefits Plaintiff does not have any retirement and/or pension benefits. To the best of her knowledge, Defendant has pension/ retirement benefits through his employer, She does not have access to that information, 8, Counsel fees itemization of the attorney fees incurred to date, Plaintiff has employed the undersigned attorney, Richard L. Webber, Jr" at a rate of $ 80,00 per hour, Attached hereto is an 9, Personal property There are other miscellaneous items of personal property not listed in Paragraph 1 above which have been previously agreed upon and distributed. ",1\1". 10. Marital debts None, 1JJ Proposed resolution Plaintiff is seeking 70% of the total marital assetB, plus attorneys fees, and costs and expenses, Respectfully submitted, Rit!~~ ~~;/ Attorney for Plaintiff 366 Green Spring Road P.O, Box 40 Newville, PA 17241-0040 Phone (717) 776-6566 I verify that the statements made in this Pretrial Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S,A, Section 4904, relating to unsworn falsification to authorities. Date: 1(-:2 i/- CfS .c/J:t2p It ~~_ Shirley A. Vaughn Plaintiff ~ May 15, 1995 Mrs. Shirley Vaughn 300 Running Pump Road Newville. PA 17241 BILLING STATEMENT ~ Service Hours Amount 05/02/Q5 Meet with client .75 $ 60.00 05/09/95 Prepare letter to husband; prepare letter to husband's relatives .375 30.00 05/10/95 Review items delivered by client; meet with client .75 60.00 05/11/95 05/12/95 Prepare divorce complaint 1.00 80.00 Plus costs advanced: Call from client f P)~^ ;v.fC-.e .125 + 10.00 240.00 05/11/95 Newville Postmaster - certified, restricted mailing AMOUNT DUE + 5.27 + 5.27 250.54 50.00 $ 200.54 05/11/95 Newville Postmaster - certified. restricted mailing Less payment received May 10, 1995 Mrs. Shirley Vaughn 508 South West Street Carlisle, PA 17013 May ~. :l.&J) - ..-~., BILLING STATEMENT QAt.ll Service Returned client's call 05/16/95 05/19/95 Meet with client Plus balance per statement dated May 15, 1995 Less payment received Hours .125 .125 AMOUNT DUE Amount $ 10.00 + 10.00 20.00 + 200.54 220.54 0.00 $ 220.54 June 15. 1995 Mrs. Shirley V~ughn S08 South West Street Carlisle. PA 17013 BILLING STATEMENT Date SerVice tiQ.Y.J:.2 ',)5/251 "'s Conference With (onst~ble r 1"'91 e .125 05/:!.0/"l5 Review letter from Weigle; meet With client .25 ()">I,"l/'~S C31 I from Jerry Weigle: c~ll to client .25 ()ol 0 11"''5 Call to Jerry Weigle: call lrom Shirley .25 06/09/'"15 2 c~lls to Weigle: call to Shirley: call from Shirley .375 Plus balance per statement datod May ~~. JqqS Less payment receIved May 30. 1995 AMOUNT DUE AmOlJ!).t $ 10.00 20.00 20.00 20.00 + :!.O.illL 100.00 + 220.54 320.54 :.. 220 ~ $ 100.00 o ~ July 15, 1995 Mrs. ShIrley Vaughn 508 South West Street CarlIsle, PA 17013 BILLING STATEMENT ~ Service Hours Amount 06/26/95 Prepare Acceptance of Service regarding Divorce Complaint .25 $ 20.00 07/12/95 File Divorce Complaint; attend support conference .875 70.00 07/13/95 Letter to client; letter to Jerry WeIgle .25 + 20.00 110.00 Plus costs advanced: 07/12/95 Cumberland County Prothonotary's Office - filing of Complaint + 210.50 320.50 Plus balance per statement dated June 15. 1995 + 100.00 420.50 Less payment received June 23. 1995 - 280.00 AMOUNT DUE $ 140.50 7 S',Nj ~ h~,6D ~ ~7S~' August 15, 1995 [. t Mrs. Shirley vaugnn ~08 South West street Carlisle. ~A 170j~ BILLING STATEMENT !.l.U.ll Service Hou rs Amount 07/20/95 ReView documentation torwarded by Weigle; tile Acceptance of SerVice .25 $ :20.00 08/09/'15 Meet with client .375 + 30.00 50.00 ~lus balance oer statement dated July 15, 19'15 + 140.50 190.50 Less payment received August 9. 1'195 75.00 AMOUNT UUE $ 115.50 /l0 p~,l- .~ ~aDtember 15. 1995 Mrs. SnIrley vaugnn soa South West ~treet ~arlisle. PH 17ul~ BILLING STATEMENT Service ~ Hours Amou n t Call to Ron Sailhamer, Realtor .125 $ 10.00 ')9/05/95 Letter to Ron Sailnamer. Realtor .375 30.00 09/08/95 Review letter from client .125 + 10.00 09/09/95 50.00 Plus balance per statement dated August 15. 1995 + 115.50 lb5.50 Less payment. receIved 0.00 AMOUNl DUE October 15. 1995 Mrs. ShIrley Vaughn 50S South Wast Street Carllsle. PA 17013 BILLING STATEMENT ~ Service Hours 09/22/95 Call to Ron Sailhamer; call to client .25 09/:!S/95 Examine appralsal reports; letter to Client; letter to Jerry Weigle .375 10/11/95 Review information sent by Shirley; letter to Jerry Weigle; several calls .375 10/12/95 Meet client at courthouse; prepare draft of Agreement 1.00 Plus balance per statement dated September 15. 1995 Less pavment. recE'lved October 10, 1995 AMOUNl DUE ~:r-l) ~ Cl(d!-- ~&Jao..- 100-- Amount $ 20.00 .50.00 30.00 + SO.OO 100.00 + 105.50 325.50 !:>O.OO $ 275.50 _ 50 00 {\:,..;>.,;) 5. 50 50.00_ ~ 11 ~ ~l> --- November lb. 1995 Mrs. Shirley vaughn ~08 South West. ~t.reet Carlisle. PA 17013 ~~ 10/20/95 10/23/95 10/27/95 11/00/% 11113/95 BILLING STATEMENT Service Hours Call from Jerry Weigle; letter to Jerry Weigle .25 Prepare Motion for Appointment .25 of Master Prepare Motion for Appointment .375 of Master; letter to Prothonotary ReVIew letter from Divorce Master; letter to client .25 Call to cllent .125 11/13/9S Plus cost advanced: Sailhamer Real Estate - appraisal Plus balance p~r statement da ted UctobE'r I!:'. 19"5 Less pavment received Uctober 24, 1995 AMUUNl 1995 I D~EW r~; J , "1 _'\ )1 : r.:. I' . .--J 11 \.0'.. ot ~ ~ICO /' Less oayment recelved November 7, Amount. $ 20.00 20.00 i i , , , ! 30.00 20.00 + 10.00 100.00 + 100.00---::' ~ ! 200.00 + 2'/5.50 475.50 50.00 50 . 9..2- $ 375.50 100.OcJ <itia?$. ~() . " t'~ . ----...-- I =ii':t.~ t1'J~ -.'" r .- ileeb, IIADIf rSIf I S~ .. 0' /J'JI'lI.J? 0' 011" LonI _ CAouclM ... 11"""..... elahty-four (19S4) jE'/'WEEN BDII.uul t, VAUCIlN, JI" of I, D, , 2, Newvllle, PennlylYlIlie, and I:oNNIE t, BARR, of 206 IInUI Drive, CeUfomil, Kar,1end, harelD- m;bi~ .. eM ,.. efter called the GNMor e, ... BOl/ARI1 L, VAUGIIIl, JIl" of I, D, , 2, RawiUe, PalllllylYlIlia, hareinaftar called the . :.' ..--- Wl'l'NESSE'l'B, tA4t II. ~1fotI 0' 0111 DOLLAR. ($1,00)-- I 1ft 1l4M pal4, fAt "cape wlloreo' " /lore&, ao1IIIow~tII, eM ...u ~ . 11M COI\wev eo fAt ICII4 gr:ItItu, hie helra alld aaeigne, GnIllIeI : --- - DoI/GrI, /lorebv grIlIC ALL that certalD tract of land eltuace In Norch Rowton Townlhip, Culllbarland County, Pennlylvania, boundod and described.. foll....' BEGINNING at a point marked by ert iron pin on the SouCh lide of the Ridge 10ld leadlns to Green Sprins, aaid road belnS the dlvidins line betvoen Bopevell Tovn- ehlp on the Nortb, .nd Newton Tovnlhip on tbe South I thence elons Soutb 11de of Illd rOld Northvardly thirty-one (31) rodl to a polntl thence by other llnd nov or formerly of II. H, Vaun, on an ansle of 90' laltvar41y ei~hte8n (lS) rodl to a polntl thence by lama on In ansle of gO' Southvardly thlrty-one (31) rodl to a polntl tbence by eame on an ansle of 90' IIeltvardly eisbteen (lS) rodl to a polnt, the pllce of BEGINNING, CONTAINING three and three-fourthl (3-3/4) acrea, more Dr lei.. BEING the aame vblch Hovard G, Vaughn and Ireno I, Val/shn, hla vUe, by their deed dated Kay 2S, 1971, and recorded ln the Offlce of tbe Recorder of Deeda, ln and for CUmberland County, Pennlylvanla, in Deed Bolok "C", Vol... 24, at Pasa 503, conveyed to Hovard L. Vaushn, Jr, and Connle L, Vaughn, hl1 vlfel and tbe aaid Bovard I.. Vaughn, Jr, and Connie L, Vaur,hn vere 41vorced on July 23, 19801 . . ed the ..ld Connle L, Vaushn ie nov intermarriod vit" Hugh Sarr, .....-1..' .~. &9sf"-;n~ I School Db , Cum\), Co., P'A: '" ..J.' a..IIII... T,...r" T. .- D.:-t:tJ:~t: ~t.t!!.:~ ~.:r~,.... _____..... /_" Co. l'I.. C.L ...... COMM:),lWLAlTIl CoF ri:r~W"I'lV'.I:,~. ;1p..." ofN.1.~",~ D[r.'~rll,["'1 0/ kEV[NJ~ == Cu be..'....'.. ~ ._ m, 0., Pa PtA'.IV - : -.-, E: .JJ ...t L'... f,.....,~. :~~...Ilt AIIlI.'" ~, I:: 8 O. 0 0 I iii,/:j,~~('~ ~d. d) r.a.lIllZ __. -.J ~.. ,.. _.7.:,...... ~1~...~~4!.- ~c.._c:.l._ " .. ~ n :"I '" "' ~:rI"" ::: ." "1 I.t ~ ,.,n:" :",f.,f.., ..:.,'1 u:a t;; ~ '" ..,:- .. " n~;::J r: ,,:.'" :..:",..1 ~,.."... W ,ig.,. 01:' ~cn;;! ,. II' \ rOOK~30 ",CE 452 2>- = .., ~ !~ \ ..~ \- II :. .~- .'. \ " . . (:? r ; 'l . , '. I...,.... . . . " -.... . -., .u... '.. 11\' ~.. .... ~ ~ ", "., " ! I '.' ,'.: -J ....' ......., . "';'''AM lAt...;.,:,....,. ..,... ......11I 1Ild...,.. IMI. th.y ...... 'wQI'-- I.nudly 1M ,.~..,... _".. ..... " , IN Wl'l'NESS WHEREOF, "" gNlIIOt' . AG v. ~ ,,, th~lr 1M .,1 0lI4 ,.... f/rrl cab". t,"""" .' l'Iaowl . 8IIjl ,..,. 61pcb. 61.1111 mil iIIdlbmll . , In '" 'rdlm DC ( ~"d.z./.~ 1?J!.A~ .j:t......_.__~ ~L'~'UI~~~., ~ - 'n~'ii~~__"..~ nnaL. rr -e --~-e ... .~~ ,ofr BlaU of PENNSYLVANIA ,. ~. 'l l: .- ". '~ . ',.. C~., C\1HBEIlLAND ."..b 0II111C,.-U. ( '>-"1 cla" ., . Not.ry Public ln .nd for .aiel Collllty and Stat. U. ~ .6Wr. pmOllAll" OPPNI'ICl Hovarel L, V.ushn. Jr, }~~ '. . ,11184 . b".... "". "-'a.1o - (or ntlI/acforil, JIt'OVIIl) 10 b. 1M pmOll 10M" ""me 11 IIlb,crib.d 10 111, wllllr" rllllnlm"". 0lI4 GIIImowr.4Q14 tW he "",ClIt,c1l<1m. 'or 1M purp.." 1I,...Ii" ~~nWEsS WHEREOF, I "-uttI;~ ujHt tII 1l4n4 GfI4 o6lcl4l 'Mf J r .. (I ~':'::~ :~< . S...: \- a. fd/!::. "'I~""o\ ...-,AWBIL&....MDo. ,It.. ~ ,t. 0.: n. ,"?: ~ . ....L....;., I . r Mw - .'~,.o~ "I:. ' ," . '....."""", '. '" .. ..~" . ". .. SW. ., KARYLAND } ~"., H""~NI ... OIIl11w, U. I ~ cla" ., /11(1,. t:/... . Notary .Publf.c ln .nd for .,ld Collllty .nd St.u 1M ~ .1I*r. pmOllAll, ClJlPtlI..... Connl. t, IIarr i. ' ..1.......... holOIIlo III. (or 1Cl""GIIIorll" pmlll) to b. 1M p""OlI 10M" ""me 11 I.":ii.;;~!.ri~f~ i;:lM :,," wllII(" (III,""""", 0IlcI GllboIDr.4Q1cI tW .he IZ.ClIt,c1 ..."" 'or I~. ~t'j>o,~ !,Mrft!'\\ 00III0ltYd. . I ,;;,. "'\ \J '" ... .IN Wl'l'NESS WHEREOF, Illlmlllto .., IIII1Mnd GfI4 .6Icl4l .ecsI.~: i ."f")'.. \ . ~ ~ r-; '\~ ....~ ~....:.I . ,4 .V;.~~~; ":1J.t.'}) . SYlV" S^NIOHE .J ."~' "'. .'. ...-' ,. NOTAR'l-PItIlIt,. tTATL.D..l.M!.It~ND .' ....... ',' ow ---: MyComml"lon bpl'lI July 1.1.-6 Nle .j;:O~~'" . l' ~ ,/, b.'.... _. ~ cla ""111I urlllll IMIll'II ,,'eU' """- Clnd _ploll po" olJla aclclria ., 1M wUl'Iit -"''''''''' w R, D. , 2, Hevvlll., PA 17241 ClfvJ.'i~ , 1'84 ", \ ico~ 00 f~CE 453 .... ;. t!!tullhullu:r i!{cul 1:l\tUtC 404 EAST KING STREET SHIPPENSBURG, PA 17257 532,6059 5~ptember 26, 11106 Mr, RI"hnrd I.. Webher, .Ir, Att.orney ot I.ow 366 Oreen Sprlng Houd P,O. Box 40 Newville, PA 17241-0040 Denr Mr, Webber I In reaponn" to your request for on opnro1sAI of real eatete owned by lIownrd I" Vaur,hn on,1 Shlrhy Voughn, I em sending you my estlmntlon of fair mnrknt vulue, The oropert.y 18 loooted In North Newton Township, Cumberlnnd Count.y ond I" known n. 300 Rlmnln!'; Pump Rond, Newville, Pa., "elnr more fully d..orlhed In Cumberland County Recorder of Deeds, Book Q:\O, Page 462, The lot Ie oerved by prlvllte well water, and on-site septlo, The lot 10 Improved wi th 0 on.. .tory ronch tyoe dwelling, being covered with slwnlnlUft .I<lin", IInd contolnn apnroxlmntely 1120 squere feet of living opnce. Rooflng mnterlnl 1ft of Mphnlt shinp'le, There Is e full hnlemont under the dWdllnr., floorlnr. bolnr, of conorete, end ....lls of conorete block, The mnln level oonolnts of kitchen/dining erea, living room, three bedroom., nnd full bnth, The henting system Ie en 011- fired hot sir furnoce thnt In 10cl.ted In the haallment, Domestlo hot woter i. acquired from an electrIc hot wnter heoter, The lnundry I'nelllty 11 olBo locnted In the he...:nmt, In oddltlon, there i. n two ollr go rage , and severnl outbuildings loco ted on the nroperty, The property In loooted witilln close nroximity to the Cumberlsnd County LAndfill, nnd orlvot.. ....11 woter 18 monitored on a re~uler basis, The over-all condition of the ""elllng nppears to be ~ood. Bnsed upon my pernonol Investlr,otlon nnd findings, it is my opinion thllt the pronerty no d.sorl bed ohove wsrrAnts 8 folr market value of 5tlvent,y Six Thous,.nd, ~'lve Hundred Dollars ($76,500.00). 5i noerely, (/rf///~~ Ronnld L, SAllhomer ReI'! Entllte Broker ADDRESS DATF. OF SALE SEIU!fG PHI C!: 229 Pebbles Roed 8/26/94 $77,400,00 Newburg, PA 15635 Paxton Run Roed 12/02/94 .75,500.00 IInburg, PA 8469 Newburg Roed 8/26/94 .75,000.00 Newburg, PA CO'.'NR"BLr. SAI,FS USED I:l TfiIS E.'S'I'I'JATION OF FAIR '!A::YF'r VAtt'E Subjeot Property' 300 Running Pump Roed, Newville, Pennsylvenie ~ullhullu:r iIlcul1Entutc 494 EAST KING STREET SHIPPENSBURG, PA 17257 532.6059 S~pt~mber 26, 1996 !,Ir, Rtoh/lrd J.. Webber, Jr, Attorney .t Lnw 366 Green Sprln~ Rond r,C1, HOll 40 Npwvl11e, PA 17241-0040 IleRr l~r. Webber I In re.pon.e to your request for on opproisal of real eatate owned by !fow.rd I" VAughn Rnd Shirley Vaughn, I am sending you my estimetion of hlr mnrk~t vn1ue of the property as of July, 1986. The property is loo.ted In North Newton Township, Cumberl/lnd County, and is known as 300 Runnln~ Pump Rnod, Newville, Pennsylvania, being more fully de- Inrlbed In Cumberland County Recorder of Deeds, Book Q-30, Page 452. Bas..d upon my perlonal investigation and findings, it is my opinion thnt the nbove desorlbed property would have a fair market value of Fifty Four ThousRnd Dollars ($54,000.00). Sincerely, I~#/~/:::~ v Ronald I" trlilhemer ReRl Eltote Brok..r <XIMPAR}.BLE SALES USED IN Ti I S ESTl'~"TICiN CiF ~'AIR '~ARKF.T VALUE Subjeot Property. 300 RunninK Pump Road, Newville, PA Estimatad Fair Merleet Dete I July, 1986 ADCRFSS DA IT. OF SALE SELU NG PRI CE Route 1/;698 6/07/86 .60,000.00 Newburg, PA RD I, Box 461 3/17/86 $69,000.00 Newburg, PA RD I, Box 284 (Jumper Roed) 8/29/86 $66,000.00 Newburg, PA Illf:l\ll'\~ll:-; (:01.1.1,:';10: CAnIlSlf..'NNSYlVANIA u. J.3 3~_Z~L 1 33b21> !;O( 1M qll;llIn 11O lli\lf /3-I"-lltJO 1 0/1)')/1'; mOUctloNS EARNINGS AMOUN1 0.96 12.71 15.56 3.b4 7.42 0.2<) 2.1>5 UI51:IlIl'IHII, --- -'--- I.'" (1 r lV IIDUIIS A MOUUJ OESCflll'''ON 7b4.q~ Vision Reductio Hllln Cross I, '.1)1) FH Harried litH fiCA /1edlcare-F ItA PA State TaK Unemployment Co Local Tax Uf'T 2b'..95 _ 13.67~ nEt.V10 on055....IO 21>4.95 29.58 rAY nATE O.T. '1.30 fir r I'^~ ~'~-- .-~ -~._~ \;' _._~':._-~'<_:/~~ .L AND NOW, this ;',jIZJ day of J1iJNuIf~Y SHIRLEY A, VAUGHN, , IN THE COURT OF COMMON PLEAS OF , plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 95 - 3709 CIVIL , , HOWARD L. VAUGHN, JR" Defendant IN DIVORCE ORDER OF COURT 1997, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated January 7, 1997, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce, BY THE COURT, Ha cc: Richard L, Webber, Jr, Attorney for Plaintiff Jerry A, Weigle Attorney for Defendant c.~'~~ II 'ti'lI"1'l' ,..g.-P- . \-.(.':I7-;'":'''l.V~! /', ','\"{1.') -t' ,;. ., ' 0-" 'c. ;,J D~> 1';"'/'L6 )\l'\'"-!...i. ... '.. _ _ ;_~ ;,,:0 =:LLO~Cl~1:1 , .'....- ~. I-'''''I\IUL/ ",.V" 1'1~lIil1'U I IiIHUUHI' JI' HU4. I II IllJloUulJ I',VUl MARITAL SETTLEMENT AGREEMENT !1J( '1'HXS AGREEMENT, made this day and between HOWARD L. VAUGHN,' tJ " her "HUSBAND", and SHIRLEY A, VAUGHN. here "WIFE". , 1!l!l7, by re erred to as re erred to as WBBRBAS, the parties hereto were married on July 18, 1986; and WHEREAS, there were no children horn of this marriage; WBBRBAS, diverse unhappy differences, disputes, and difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and to settle fully and finally their financial and property rights and obligations between each other; and WHEREAS, WIFE instituted a divorce action on July 12, 1995 to docket number !l5-370!l of the Court of Common pleas of Cumberland County, Pennsylvania. NOW THEREfORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. ADVICB OF COUNSEL The provisions of this Agreement in their legal effect have been fully explained to the parties by the respective counsel, Richard L. Webber, Jr., Esquire, for WIFE, and Jerry A. Weigle, Esquire, for HUSBAND. The parties acknowledge that each has received independent legal advice from counsel of their selection and they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1990 and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing facts and circumstances_ The parties further confirm that each is entering into this Agreement freely and voluntarily and that execution of thie Agreement. is not. the result of any duress, undue influence, collusion, or improper or illegal agreements. 2. PURPOSES The purposes of this Agreement are to effect. a ollUI- '-."<I'\,1UI;) .':U" I'ICllill'U I IiIUUUUI' JI' U5q complete and final settlement, between the parties as to their property rights and obligations to support each other. 3, WARRANT~ OF PULL DISCLOSURB Each party represents that he or she has fully disclosed to the other party all marital and nonmarital assets, as defined by the Pennsylvania Divorce Code, Each relies on the disclosures of the other party in entering into this Agreement. The parties also acknowledge that they have each had an opportunity to value or have appraised any and all property. In the event that it shall be determined that either party has failed to disclose any property subject to distribution pursuant to the laws of Pennsylvania, such failure to disclose shall not nullify. void or cause this Agreement to fail, but the aggrieved party shall have the right for a period of six months from the date of the discovery of the assets to seek a judicial distribution of such omitted property. Should the aggrieved party have negligently failed to discover undisclosed assets, the six months shall begin to accrue at the time a reasonable person would have made a discovery. 4. NO INTERFERENCE It is, and shall be lawful for the parties hereto at all times to live separate and apart from each other and to reside from time to time as such place or places as each of such parties may see fit and to contract, carry on and engage in any employment. business, or trade, which either may deem fit. free from control. restraint. or interference, direct or indirect. by the other in all respects as if such parties were sole and unmarried. Neither party shall in any way molest. disturb, or trouble the other or interfere with the peace and comfort of the other or compel or seek to compel the other associate. cohabit. or dwell with him or her by any action or proceeding for restoration on conjugal rights or by any means whatsoever. 5, BANK ACCOUNTS The parties acknowledge and agree that all money has been divided by the parties sat1s!actorily and ne1ther party shall make any claim to any such account or money currently in the possession of the other. 6. HOUSEHOLD AND PERSO~AL PROPERTY HUSBAND and WIFE have previously agreed upon .. J' ....." . .... .".......vOJ I.VV'" distribution of all items of personal property. W1FB agrees that all of the property in the possession of HUSBAND shall be the sole and separate property of HUSBAND, and HUSBAND agrees that all property in possession of WIFE shall be the sole and separate property of WIPB. Each of the parties does hereby specifically waive, release and renounce any further claims with respect to the above items. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in any personal property from each to the other. 7, AUTOMOBILES HUSBAND shall retain all the motor vehicles, including the 1991 Chevrolet Corsica and the 1988 Chevrolet pickup truck. The parties shall fully cooperate in signing any automobile transfer and registration documents and insurance forms so that the above distribution can be finalized. 8, REAL ESTATE / Upon HUSBANDS fulfillment of his obligations under the terms of this Agreement, WIFB shall release any interest that she may have with respect to the real estate owned by HUSBAND located at 300 Running pump Road, North Newton Township, Cumberland County, pennsylvania. 9, PENSION, RETIREMENT AND OTHER EMPLOYEE BENEFITS HUSBAND and WIFE do hereby waive any and all rights that each has with respect to the other's pension. retirement, and other employee benefits. The parties agree to promptly execute any documents necessary to release his or her interest in the other party's benefits. 10. MARITAL DBBTS HUSBAND shall be responsible for the payment of any remaining balance owed on the Dauphin Deposit automobile loan. Additionally, HUSBAND shall be obligated to pay the mortgage on the real estate. The parties agree that as of the signing of this Agreement. they do not possess any joint credit cards, and each will take the necessary steps to cancel any credit card accounts which presently exist in joint names, Unless otherwise provided herein, each party assumes the debts. encumbrances, taxes and liens on all other assets each will hold subsequent to the date of this Agreement. 11. DBBTS AND OBLIGATIONS WXFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible. and she shall indemnify and save IlUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation. except as otherwise set forth herein. HUSBAND represents and warrants to WIFB that, since the separation has not. and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shull indemnify and save WIFB harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation. except as otherwise set forth herein. 12, CASH ~AYMENT HUSBAND shall pay to WIFE the sum of $ 16.500,00 by cash. certified check or money order. HUSBAND shall use his best efforts to obtain a mortgage and/or to otherwise attempt to accumulate said amount. In the event that he is unable to do so within 60 days, he shall execute a Mortgage in this amount in favor of WIPE, at an interest equal to the prevailing rate at that time, In the event that the parties cannot reach a solution within 30 days subsequent to the execution of the Mortgage. either party may petition the Divorce Master or-Court to resolve this issue. 13. SPOUSAL sUpPORT, ALIMONY PENDENTE, LITE, ALIMONY The parties agree that HUSBAND'S current spousal support obligation shall cease upon the execution of this Agreement and the Affidavit of Consent and waiver of Notice and delivery thereof to WIFE'S counsel. . Each party does hereby waive any and all rights that each has with respect to alimony pendente lite and alimony, ~4. ATTORNEY FBBS, COURT COSTS Each party shall be responsible for any attorney fees or costs that he or she incurs. HUSBAND and WIFE to hereby waive any and all rights to recover such expenses from the other party, 15. ZNSURANCE All current and/or future life insurance policies on either party may be changed and/or amended to delete the Uti.. I" 1""'1\ I UL. J 'to. II .. l\Wdl U I wuuu~.LJr lfb~ 11111l>l>Uul> ".UUl> other party as beneficiary thereof and each party shall be Dolely liable for premiume on his or her own policies. 16, EQUITABLE DISTRIBUTION This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with reg~rd to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way sale or exchange of assets. Each party hereby acknowledges that this Agreement adequately provides for his or her needs, that it is in his or her best interest, that the parties have divided their marital property in a manner which conforms to the criteria Bet forth in Section 3502 of the Divorce Code, and that the Agreement is not the result of any fraud or any undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A, The right to obtain an inventory and appraisement of all of the marital and separate property as defined by the Pennsylvania Divorce Code. B. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c, The right to have the court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the court determines to be marital. 17. MUTUAL RELEASE D. The right to have the COUJ;t decide any other rights, remedies, privi1eges or obligations covered by this Agreement, including but not limited possible claims for divorce, spousal support. alimony pendente lite, and counsel fees, costs and expenses. HUSBAND and WIFE do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes wha~soever, from any and all righ~s, title and interest, or claims in or against the estate Of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy of claims in the nature of dower or curtesy, or widow's "1111" 1-1""1\ IU~ / I", II 1'1 Vlla!'u I WUUUUI' JI' Utiq I II I ItJtJUotJ r,WI or widower's rights, family exemption or similar allowance or under the intcototc 10woI or the right to take against the spouse's willI or the right to treat a lifetime conveyance by the other as te~tam8ntary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 18, MUTUAL COOPERATION HUSBAND and WIFE shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to the signing of any documents that may be reasonably necessary to give full force and effect to the provisions of this Agreement, 19. TAX CONSEQUENCES By t.his agreement, the parties have intended to effectuate and by this agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds of other property not constituting a part of the marital estate. 20. TAX RETURNS AND AUDITS HUSBAND and WIFE represent that all federal, state and local tax returns required to be filed by HUSBAND and WIFE have been filed, and all federal, state and local taxes required to be paid with respect to the periods u'UI- 1-'<1<1" IUL I Ii.; Ii. I"ICllill'U I WHIIIIHI' II' HBII W.! f bbUllb I',UOO covered by such returns are paid. HUSBAND and WIPS further represent there are no tax deficiencies proposed or assessed against HUSBAND and/or WIrs tor such periods, and neither HOSBAND nor WIFE executed any waiver of the Statute of Limitations on the assessment or collection of any tax for such periods, 21. TAXES FOR YEAR OF DIVORCE HUSBAND agrees to be liable and obligated and shall timely pay and hold KIPE and her property harmless from any liability of HUSBAND for federal income tax (including penalties and interest) as shown on his separate United States individual income tax return for the tax year of 1996, HIPE agrees to be liable and obligated and shall timely pay and hold HUSBAND and his property harmless from any liability of HIFE for federal income tax (including penalties and interest) as shown on her separate United States individual income tax return for the tax year 1996. 22. PRESERVATION or RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. 23, BANltRtJPTCY The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other. this Agreement shall continue in full force and effect thereafter as to any duties. covenants and obligations accruing or to be performed thereafter. 24. AGREEMBN'l' BINDING ON HEIRS This Agreement constitutes the final agreement of the parties and is binding upon their heirs, assigns and successors in interest. 25. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT The Agreement will remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation, This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing. signed by " - ....---- '.'."- __;..-.. ,,~1 " both parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the parties, promote marital harmony and discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the partico hereto acknowledge that legal effect of a reconciliation and that they have given due consideration to such matters and questions, and that each party underwaist into this Agreement, and the terms of this Paragraph freely, voluntarily and with full knowledge and understanding. 26. NO WAIVER OF DEFAULT This Agreem~nt shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 27, BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and cost incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 28. VOXD CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. , 30, ENTRY AS PART OF DECREB It is the intention of the parties that this Agreement shall survive any action for divorce which was instituted or prosecuted by WIFE an~ no order, judgment or decree of divorce, temporary, inter- locutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied in and made part of any auch judgment or decree of final divorce. 31. SUBSEQUENT DIVORCE The parties acknowledge that WIFE instituted an action for divorce under Section 3301(c) of the Penn- sylvania Divorce Code. HUSBAND and NIPB agree to pursue without delay preparing and executing the necessary documents to file for the entry of a Final Decree under Section 3301(c). HUSBAND consents to the entry of said Decree and will execute and deliver to WIFS'S attorney any and all other instruments necessary to accomplish the entry of said Decree. HUSBAND and NIPE acknowledges that the marriage is irretrievably broken. 32. ENTIRE AGRBEMENT This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, A modification oX' waiveX' of any of the provisions of this Agreement shall tie effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 33, BFFECTIVE DATE This Agreement shall be effective on the date above first written if both parties sign on the same datel otherwise, it shall become effective upon the signing by the last party to do so. IN WITNESS WHERBOF, the parties hereto have set their hands and seals of the day first above written. \ \ This Agreement is executed in duplicate, and in counter- parts. HUSBARD and "X~. aCknowtedge the receipt of a duly executed copy hereof. l' '.-' ~~J ~ (/~ 1. HOWARD L. VAUGHN, JR, ,<iJ,~a'1l}, (Lu~iLJ SHIRLEY . VAUGHN ~/}'l-/.A' '~.J~{j Vi witness - , ACItNOKLBDGBMBNTS STATB OP PENNSYLVANIA . : SS COUNTY or C1J)IBJlRLAND I On this 7 tJ... day of , 1997, before me a Notary Public,' the undersi personally appeared HOWARD II, VAUGHN, JR" known to m (or satisf ctorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein containeCi, 1fU'NBSS my hand and off .IIny A. WIIaIt, NalIIy PuIlllc SllIppnIug. PA ClInlIIItIIId CcuIIy ,~CalImIIJlJn .. 31,1. STATE OF PENNSYLVANIA : I SS COUNTY OF COMBBRLAND I 7 tL On this I day of , 1997, before me a Notary Public, the undersigned fficer personally appeared SHIRLEY A. VAUGHN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. WITNESS my hand and official seal, the day and year aforesaid. -7Z,./ /7'<-1,,,; ,Lj Notary Public I :w~aarm I~ THE COURT OF COMMON PLEAS OF CliMB EIU.AIIll COUNTY. PE:IINSYL V AlItA SHIRLEY A, VAUGHN. Plaintiff vs, HOWARn T.. VAIH1HN. .ll?. Defendant NO. qC;_ ':\7nQ IN DIVORCE 19 - ("'lVTr l{OtION FOR APPOnlnml'r OF MASTER (Plaintiff) ill~WAilll~. following cla1llls: moves the court to appoint ~hip'ny ~ V~llghn a master with respect to the (X) Divorce ( ) .\nnulment ( ) Alimony ( ) Alimony Pendente Lite ( X ) ( ) ( X) ( X ) Distribution of Property Support Counsel Fees Costs and Expenses and in support or the =otion states: (1) Discovery is complete as to the cla1llls(s) for which the appointment of a master is requested, (2) The defendant (has) xixuclllJlUtx appeared in (by his attorney, Jerry A. Weigle (J) The staturory ground(s) ror divorce ~ ':\101 Crt' (6) (4) Delete the inapplicable paragraph(s): Ui3t xl8lblex&lllDdmlxbtXlllXXQDOtU zad<.x (b) An agreement has been reached with respect to the following claw: None (c) the action is contested w1th respect :0 the following c:la1llls: All claims (5) The action~~ (does not involve) comple:l: issues or law the action (personally) ,Esquire). (are) 3301 tel and/or or fact. (6) The hearing is expected to take 4 (hOUrs) ~It)<. (7) Additional infor=ation, if any, relevant to the motion: NIl 'il/./ z.vz"' Attorney for (P a tiff) (D~r..ud_r1t) Dete: III ).,5"1,)- AND 1l0W' OL\ "~I is appointed :aster .Jith ORDER Al'!'OINTDlG MASTER ,19.:L..L P- ,",,-,:J~'- '-"-\" respect to the following claims: Esquin, ('::( ( (K_L-. kUJ (leI..-.......... ) By Chi Court: I C/C.C\.-! E .i~ J -, c <> 1. C" ,,'E:s: 0; ",~f" ,= Z:~~", Z"."11C" "'1........0 ~7~ rO~t:::; C '...:';_ ~g~~ ;;~; -"::l' ~-<< = ""' - t. , = t... '" Q) = - u:> . .." "lIr~1)'SIll/3<J ),IIMIlJ Olir iIJJr.wn~ ),~Yl';hOHlvlJ" ;"1 ',j 30IJ.lO'Q311.. 56. HJ 9t Z IE 130 RICHARD L. WEBBER, JR, Attorney at Law 366 Green Spring Road P,Q. Box 40 Newville. PA 17241.0040 Telephone (717) 776.6566 FAX (7\7) 776.6086 November 24. lU95 E, Robert Elicker. II, Divorce Master U North Hanover Street Carlisle, PA 17013 RE: Vaughn v. Vaughn No, 95-3709 Dear Mr. Elicker: I have enclosed a Pre-trial Statement on behalf of my client, Shirley A. Vaughn, the Plaintiff, Sincerely, r; &f /(. ''-41L/ Richard L. Webber, Jr. cc: Jerry A, Weigle, Esquire Shirley A. Vaughn RLW,JR/tw Enclosures en z: i:i! r- " ~~ ~~E-:t;" Qj~~f:l~ ZI-{;;?i-N <(<-="'!:l;l :IJ"'a..... I.IJ. - . -- -l C; :.c -=.. ." !: 'Ill ~ ~..... ....ci!;.~7.- c:: - ~ ID 0 .. t:;.: ~ = iI< ~...",,,,~.:; -< '" a.....; ~ -a:~ CI:: in <( ~ ;, .' ;. MARK, WEIGI,t: AND PERKINS, AnUMNUs At !.AI' 126 EAn Kl:'\Iiff STRtU. SItl'P.;~S.ll.(;. P....!'\lA. 17151 Tt....:,,,n'.:l (717) sn.7JIII .''\\: '7171 SJZ.06S51 , . i J I J I I \ l- 2'2.-<"\';-; lC. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYL VANIA SI-IIRLEY A. VAUGHN, PlaintilT CIVIL ACTION - LAW v. NO, 95-3709 CIVIL TERM HOWARD L. VAUGHN, JR" Defendant IN DIVORCE Defendant's Pre-Trial Statement Pursuant to Pa, R,C.P, 1920,33 (b) I. (a) Marital Assets I, Increase of value of marital residence owned by defendant prior to marriage (from 7- I 8-86 to date of separation [ on or about 5- I 7-95]) $8,000 - $10,000 2. 199 I Chevrolet Corsica cst. $4,800 current FMV 3, 1988 Chevrolet pick-up truck cst. $2,800 current FMV 4. 1973 Camper trailer cst. $200 current FMV 5, Household Goods and Furnishings est. $500-1,000 current FMV 6, Increase in pension benefit of defendant through National Industrial Group Pension Plan cst. $2,000 current FMV 2. (b) Non-Marital Properly I, Miscellaneous Household goods and furnishings $250,00 including two end tables, one double bcd, three dressers, one gas grill, one 2, Tractor and front loader present value unknown at this time MARK. WEIGLE AND PERKINS _ ATTORNEVS AT LAW - 12ft EAST KINO STREET - StilPPEN50URO, PA 17257.1307 2. Expert Witnesses II. Apprnises to testify as to vlllue of maritlll residence liS of dllte of mllrriage IInd liS of dllte ofseparntion, IInd liS to value of household goods IInd furnishings IInd vehieles if II stipullltion cllnnot be rellched. b. Pension expert to testify liS to value of Defendant's pension benefit liS of the date of mnrrillge IInd or of the dllte of sepllrntion if II stipullltion cllnnot be rellched, 3, Non-expert Witnesses It is IInticipllted thllt no person other than the Pllrties themselves will testify, 4, List of Exhibits II, IIny stipullltions of counsel entered into b, written apprnisals for rnllrital residence and vehicles, pension benefit and household contents, c. Defendant's 1994 and 1995 federnl, state and local income tax returns d. Defendant's employer's statement as to wages e, loan payment records 1', statements for professional services rendered for legal and apprnisal services 5, Income Defendant currently grosses approximately $522,1 O/week and nets approximately $341.80 working on a full-time bllSis for Cincinnati Milacron Resen Abrasives Inc, He has no other income other than wages from employment. Plaintill's current wage infonnation is not available to the Defendant. 6, An estimate of Defendant's current expenses is attached hereto, made a part hereof, In addition, Defendant has ineurred II current spousal support obligation of $25/week. 7, Pension Benefit Defendant presently enjoys a pension benefit with a current FMV approximating five thousand ($5,000,00) dollars. To Defendant's knowledge, PllIintifThas no pension benefit. 8, Defendant has incurred legal fees to date concerning his maritlll problems including the equitable distribution of marital property and spouslll support issues approximating one thousand ($1,000,00) dollars, MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - Uft EAST KING STREET - 5HIPPENSBURO. PA 17257-1397 9. II is not anticipated that this will be any valuations disputes with respect to personal property at the time of hearing . There may be a dispute relative to the value of Defendant's marital residence as of the date of marriage. on July 18. 1986. due to the present diffieullies in valuing real estate as often years ago, Defendant has not yet obtained appraisals as of July 18, 1986, and as of the date of separation but will do so in the immediate future. 10, Marital Debt original amount obli~ation amount owed as as of date of separation current pavoff Car loan for 1991 Chevrolet Corsica vehicles through Dauphin Deposit Bank, $ appro". $7,200,00 $5,000,00 11, Each party to keep marital property currently in his or her possession, Defendant will pay Plaintiff a cash sum for her interest in the real estate and pension appreciation which sum shall be determined after all appraisals have been obtained. Respectfully submiUed, ~lLq '[0 ,. MARK. WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 128 EAST KING STREET _ SHIPPENSbURO. PA 17257.13G7 . :~ EXPENSES Household Child Week Week 1t rtt L./(j, $ $ $ $ $ Co/,5O $ $ ~t.~ $ $ '2, 1.&0 $ $ $ $ $ $ t; .~2- $ $ ,cia $ $ C:;, /() $ $ $ $ G7.5"CI $ $ $ $ $ $ $ $ $ $ $ $ ,CnD $ $ ~('\,CO $ $ 1'2.,$0 $ $ ;!O'{)() $ $ $ $ r;. 2.'5""" $ $ $ $ $ $ $ $ 'Ie, ,O(J $ tI $ /'{,7,03 $ Home (""f;\OrtoaoeJRent ........................................ Maintenance ......,.................................,.. UtlllUes (telephone, heating , electric, etc,)........................................ Employment (transportation, . h ." '. 'Iunc es) .................:............................. ~ . ., Taxes Real Estate .............................................. Personal Property.................................., Income ..................................................... Insurance Homeowners ................................,........... Automobile ,...........................................~. L1le/AccldenUHealth ;............................. Other .................,................,.............,...".. Automobile (payments (l.!,e),..JL n repairs) ........:..;.L~:J,J,W::klt;.~cl.l., Medical Doctor, Dentist, Orthodontist................ Hospital.......,....,...................................... Special (glasses, braces, etc.)............... Education Private, Parochial School......................, College ..........................................,..,..,.... Personal Clothing .....,.........................,..........,....,... Food .................................:,...................... Other (household supplies, barber, etc,).......................................... Credit payments and~an~................... Miscellaneous Household helplchlld care ....,................ Entertainment (Inc. papers, books, vacation, pay TV, etc.)............ Gifts/Charitable contributions .............. Legal Fees ............................................... Other child support/alimony payments ............................................. Other (speCify) ........~..&J(;L............. Total Expenses ............................................. ~ . . -: " . -,. Household Child Month Month $ '#5'/7.'6~ $ $ $ S- $ . $ c;c,. (){) $ 12.:~ ,00 $ $ $ $ $ $ $ $ $ $ 2.2.50 $ ~o, c.y} $ ~o,ro, $ 155",00 ,s~{t.:1f 6"5,ltI~'(}'-'"'"" '. $ $ $ $ $ $ ,$ " - $ $ $ $ $ , r.O.OO $ '$ ~oo.<Xl $ $ 5"O~ $ ~~~oo~t.(-;;p;;r 1M) $ $ .. $ ;). r;; ~O$ $ $ $ $ $ $ $ 1Ifr. - $ $ I{r L/ (, ? 2 $ RICHARD L. WEBBER, JR. Allorney III LIIw 366 Green Spring ROlld P,O, Box 40 Newville. PA 17241.0040 Telephone (717) 776-6566 FAX (717) 776.6086 January 21, 1997 E, Robert Elicker, II, Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Vaughn v. Vaughn No. 95-3709 In Divorce Dear Mr. Elicker: Pursuant to my previous telephone conversation with Tracy, I have enclosed 2 copies of the Marital Settlement Agreement. My understanding is that you will request that the Court vacate your appointment. I will file the papers needed to finalize the divorce as soon as this is completed, SinC~relY, ,j I .-T/;/ /1'"'4/.~U- Richard L. Webber, Jr. RLW,JR/tw Enclosures (C, J( NO> /I, 1-/",>1, , t &t SHIRLEY A, VAUGHN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW va, HOWARD L, VAUGHN, JR" Defendant NO, 3709 CIVIL 1995 IN DIVORCE STATUS SHEET DATE: ACTIVITIES: 11/1/95 f1i ;-~),. . ~' -./ "'-,'(- !:I (I ;;\ ,", ",.., ,. ... OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240-6535 E, Robert Elicker, " Divorce Master Tr.cl .10 Colyer Office Manager/Reporter Richard L, Webber, Jr" 366 Green Spring Road P,O, Box 40 Newville, PA 17241 West Shore 697.0371 Ext, 6535 November 1, 1995 Esquire Jerry A, Weigle, Esquire MARK, WEIGLE & PERKINS 126 East King Street Shippensburg, PA 17257 RE: Shirley A, Vaughn vs, Howard L, Vaughn Jr, No, 95 - 3709 In Divorce Dear Mr, Webber and Mr, Weigle: By order of Court of President JUdge Harold E, Sheely dated October 31, 1995, the full-time Master has been appointed in the above referenced divorce proceedings, A divorce complaint was filed on July 12, 1995, raising grounds for divorce of irretrievable breakdown of the marriage and indignities to the person, The complaint also raised the economic claims of equitable distribution and counsel fees and costs, If grounds for divorce are at issue, please advise immediately so we can schedule a hearing on the claim of indignities raised by the Plaintiff, Otherwise, I will assume that grounds for divorce are not at issue if I do not hear from counsel requesting a hearing on indignities, and we will proceed with the directive for the filing of pre-trial statements, In accordance with P.R,C,P, 1920.33(b) I am directing each counsel to file a pre-trial statement on or before Monday, November 27, 1995, Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel to Mr, Webber and Mr, Weigle, Attorneys at Law 1 November 1995 Page 2 discuss the issues and, if necessary, schedule a hearing, Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivision (c) and (d) of Rule 1920,33, THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL, SHIRLEY A, VAUGHN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS, . CIVIL ACTION - LAW , , NO, 3709 CIVIL 1995 , HOWARD L, VAUGHN, JR" Defendant , IN DIVORCE , NOTICE OF PRE-HEARING CONFERENCE TO: Richard L, Webber, Jr, Jerry A, Weigle , Counsel for Plaintiff , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, carlisle, Pennsylvania, on the 22nd day of December, 1995, at 9:30 a,m" at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 12/1/95 E, Robert Elicker, II Divorce Master I :1 . I , " - .---'- -, SHIRLEY A, VAUGHN, Plaintiff vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 3709 CIVIL 1995 HOWARD L, VAUGHN, JR" Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Friday, December 22, 1995 Present for the Plaintiff, shirley A, Vaughn, was attorney Richard L. Webber, Jr" and present for the Defendant, Harold L, Vaughn, Jr" was attorney Jerry A, Weigle, A divorce complaint was filed on July 12, 1995, raising grounds for divorce of irretrievable breakdown of the marriage and indignities, Counsel have advised that the parties will execute and file affidavits of consent prior to the hearing to be scheduled so that the divorce can be concluded under section 3301(c) of the Domestic Relations Code, The divorce complaint also raised the economic issues of equitable distribution and counsel fees and expenses, No alimony claim has been raised, The parties were married on July 18, 1986, and separated on May 17, 1995, Counsel have indicated that there is no issue with regard to the date of separation. This is the second marriage for both parties, There are no children of this marriage although both parties have children of their prior marriage, Wife is in her mid-40's and lives at 508 South West Street, carlisle, Pennsylvania. Counsel believe she lives with an emancipated son, Wife is a kitchen aide at Dickinson College and earns $6,20 per hour, She generally works a 40 hour week, Her net every two weeks is $405,01. Wife is also receiving spousal support by agreement between the parties in the amount of $25,00 per week. Wife has not raised any health issues. Wife is a high school graduate. Husband is in his mid-40's and resides at 300 Running Pump Road, Newville, Pennsylvania, where he lives alone. Husband works for Cincinnati Milacron Resen Abrasives, Inc" where he is a laborer. His net weekly income is $341,80, He has not raised any health issues, Husband is a high school graduate, Husband resides in real estate which is titled in his name at 300 Running Pump Road, Newville, pennsylvania, The real estate was owned by husband prior to the marriage and we are looking at an increase in value to determine the portion of the real estate that would be subject to equitable distribution, According to wife the real estate had a value at time of marriage of $54,000,00 and at the time of separation had a value of $76,500,00, Husband claims that the real estate had a value at time of marriage of $68,000.00 and a value at time of separation of $75,000.00, Obviously, we are substantially apart on the increase in value and therefore counsel are going to present witnesses to testify as to how they arrived at their respective positions, Hopefully we will be able to schedule a hearing some time within the next 6 weeks to hear the testimony of the experts only before getting into the hearing on the other economic issues, Mr, Weigle has indicated that there is a lien against the real estate but he does not have any specific information at this time as to the balance owed, Listed on the pre-trial statements are three vehicles, a 1991 Chevrolet corsica, a 1988 Chevrolet pick-up truck, and and a 1973 camper trailer. Counsel have given values that each of their clients has placed on the vehicles, The total value wife has placed on the vehicles is $12,650.00 and the total value husband has placed on the vehicles is $7,800.00, Hopefully counsel will be able to refine the values so that they can come to a stipulation for the values of all of the vehicles involved, The Master inquired as to whether or not wife has a vehicle and Mr, Webber indicated that she does not have a driver's license; therefore, all of the vehicles are in husband's possession, Mr. Weigle commented that perhaps his client may be willing to sell one of the vehicles in order to raise some cash and then we will use the sale price as representive of the value of that vehicle for purposes of equitable distributi9n assuming that the transaction is a bona fide arm's length transaction. Mr. Weigle has indicated that there is a loan that was incurred for the purchase of the Corsica and counsel need to provide payoff information on that particular loan with Dauphin De~osit Bank. Counsel have listed some information on the pre-trial statements about household goods and other tangible personal property, There is also a claim by husband that wife has received some items of property which have not been listed, Therefore, if counsel cannot agree as to the value of the tangible personal property they will need to have an appraisal accomplished, Specifically, the tractor and front-end loader which have been listed on wife's pre-trial statement, husband claims is a nonmarital item having been purchased by him prior to the parties' marriage in July 1986, Mr, Webber has questioned and Mr, Weigle will provide information regarding husband's pension so that counsel can attempt to arrive at an increase in value for purposes of equitable distribution, Husband has stated on his pre-trial statement that he believes the increase in value is around $2,000,00 but that information needs to be verified to Mr, Webber so he can properly evaluate the value for purposes of the distribution. The parties apparently have not incurred any debt jointly which will be characterized as marital debt although we do note that there may be a lien against the real estate and there is a lien against the Corsica, Both loans apparently are husband's obligation and Mr, weigle is going to provide specific information about those loans to Mr, Webber. In order to help us arrive at some numbers for computation in making a distribution of assets, the Master has suggested that we schedule a time when we can listen to the expert testimony of the witnesses on the increase in value of the real estate, To that end, we are going to schedule a hearing for Wednesday, February 28, 1996, at 9:00 a,m. After that hearing we will continue our discussions on the values of assets, Hopefully also by that time, counsel will be able to agree to the value of the vehicles and the household tangible personal property and Mr, Webber will have the information requested regarding the pension. If necessary, we will then schedule a hearing following the hearing on Wednesday, February 28, 1996, to take the testimony of the expert witnesses for any other valuation testimony and hear the testimony of the parties, Therefore, a hearing is scheduled for Wednesday, February 28, 1996, at 9:00 a,m, Notice will be sent to counsel and the parties, E, Robert Elicker, II Divorce Master cc: Richard L, Webber, Jr, Attorney for plaintiff Jerry A, Weigle Attorney for the Defendant SHIRLEY A, VAUGHN, Plaintiff IN TilE COURT OF COMMON PLE,\': , ! CUMBERLAND COUNTY, PENNSYLV~~I~ '.Is. ClVIL ACTION - LAW NO, 3709 .' 95 CIVIL HOWARD L. VAUGHN, JR" Defendant lN DIVORCE OlUmR AND NOTICE SETTING HEMUNG Te: Shirley A. Vaughn Richard L. Webber, Jr. Plaintiff Counsel for Plaintiff , Defendant , Counsel for Defendant Howard L, Vaughn, Jr" Jerry A. Weigle You are directed to appear for a hearing to ,,,stimony*on the outstanding issues in the above d1vorce proceedings at the Office of the Divorce Hanover Street, Carlisle, Pennsylvania, on the take captioned I-laster, 9 28th day ;~o: t:. of , 1996, at 9:00 a.m., at which place be given toe opportunity to present witn2GseS Ciild Februarv time you \~ill c,:,ej 8xhibit'3 in supp"rt of your case. By the Court, ~~ ~:::: Harold E. Sheely, Date of Order and Notice: 12/22/95 By: Divorce Master I r YOU no NOT HAVE A LAI'/YER OR CANNOT AFFORD ONE, GO TO OR i'ELEPIlONE TilE OrneE SET I'OHTIl BELOI1 TO !'IN!) OllT ImEIW Y()II CAN GET LEGAL HELP. * Testimony limited to the increase in value of the real estate. Court Administrator fourth Floor, East Wing Cumberland county Courthous~ Carlisle, PA 17013, Telephone (717) 240-62U0 SHIRLEY A, VAUGHN, Plaintiff IN THE COURT OF COM~10N PLEi.:: ',; CUMBERLAND COUNTY, I'ENNS'{L\'id;;" Vti. CIVIL ACTION - LAW HOWARD L, VAUGHN. JR., Defendant NO, 3709 -95 CIVIL IN DIVOIlCE GllDEIl AND NOTICE SETTING HEMUNG To: Shirley A, Vaughn Richard L. Webber. Jr, , Plaintiff , Counsel for Plaintiff , Defendant Counsel for Defendant Howard L, Vaughn, Jr,. Jerry A, Weigle You are directed to appear for a hearin9 to take testimony on the outstanding issues in the above captioned c::.vorce proceedings at the Office of the Divorce l.laster, 'J ';(,,':, Hanover Street, Carlisle, Pennsylvania, on the 9th tLl\' of January , 1997, at 9:00 a.m., at which place "od time you will be given tlle Oppol."tunity to present witness,"" anrl exhibits in support of your case. By the Court, ~~ ~::::: Harold E. Sheely, Date of Order and Notice: l0I7/96 By: Divorce Master ! F YOU DO NOT HAVE A LA\1YEIl Oil CANNOT AFFORD ONE, GO TO Oil ':'ELEPHONE THE OFFICE SET FOIlTH BELml '1'0 l"IND OUT \1HERE YOU CAN GET LEGAL HELP, Court Administrator Fourth Floor, East Wing Cumberland County Courthous0 Carlisle. PA 17013 Telephone (717) 240-6200 ,J:: : RICHARD L, WEBBER. JR. Attorncy at Law 366 Grecn Spring Rond P,O, Box 40 Ncwvillc. PA 17241.0040 Tclcphonc (717) 776.6.566 FAX (717) 776.6086 October 3, 1996 E, Robert Elicker, II, Divorce Master 9 North HAnover Street Carlisle, PA 17013 RE: Vaughn v, Vaughn 95-3709 Civil In Divorce Dear Mr. Elicker: As you will recall, Jerry A. Weigle (attorney for Mr, Vaughn) and I had a conference with you on December 22, 1996, To date, we have been unable to resolve the various issues, with the exception of the stipulation that we reached concerning the increase in the value of the real estate. I spoke to Jerry several days ago and we agreed that it would be best to schedule a hearing to resolve the remaining issues, I am in the process of obtaining an analysis regarding Mr, Vaughn's pension/retirement benefits. I anticipate that it may take at least several weeks and possible longer to obtain that information. I WOII} n therpfore request that the hearing be scheduled for a date no earlier than November 8, 1996 in order that this information will be available for the hearing. Thank you for your attention to this matter. Sincerely, 11 L/ /1 <--v;Jl!. Richard L, Webber, Jr. RLW,JR/jdl cc: Jerry A. Weigle, Esq, Shirley Vaughn