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HomeMy WebLinkAbout95-06612 , ':~: ',:"... <~')";,j. ' ~. ,. "'" -.",.,', '," ;...", ;~, ;~;~~X~:h~~:;:~..> ~? :. !:,~;:;',"i..,t: - 1--- ". ;:.~--;:;. ~" :" " '-,,\,' ~ j ] f: ~,,:.) '. ~ . ~ J .,' C'{ - ~ ~ ~" , .,-,. ~"j~ :> .' 1;: --~,':., _,,:>"k'" " -".' ,:",,',..,. ::,:;- ~ . . .. ':~. ... '*' ~ ->> ~ .. ~.>> ..,... .. ~ '*, ... ~ '.. '*' -ltC- '*,.)....:>.::'l6.-ltC-:,*"-ltC- .. -'?OlO(:>91 ~ -" -. ~ .,' $ ~ ~ I,iI I,iI . I,iI I,iI I,iI e ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. .JEFF.RE~..L..~...\iAL~.ERS,.. ....... ....,..........., Plaintiff N o. .6.~},~....~,~,~~1,..!~,!:",~.., 1995 , ...... .....,........,.........-... .......................... ........,..,......... !I Vel'RIIS ri I .................... 'i :1 .', ~ ..~I~F.ANy. J:)~...\iALT.~RS,.. $ $ e .:. ., Defendant DECREE IN DIVORCE ~ '.' ,,; ., ~ ~ ~ ~ I,iI 8 8 M ..' AND NOW,.. .bcu...Lllt~.r.,.l 'J..",. 19'.~... it Is ordered and decreed that..",.. ~,!,.~~:r;,Y, .~:, ~,~~~?,r,~".."...".,.,..",. plaintiff, ond .........,.. .~~.f,~~J;lY..I:!:. !'I!i.~~~!=,s......................., defendant, are divorced from the bonds of matrimony. ~ !='. 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; w ., ""~~~,~~~~~h~~.~~qp~~~y,~~~~~~m~~t,^g~~~m~~t.~~.~~~q~pp~~t~~. , P,l!~, !1P,~ ,1J1~~,q~~ ):,q, tp!'!, .I?filP,r.El~, ~1l. ,Q~ YP,Z;Cffi\, . . , , , , . . , , . , . , . . , , . , . , , . , , I~ 1: i" I~ /,'" I~ i~ I' t~ I" ! , 1': " i. --~-- ,.~-...- -------"'----.....-----,~,'<-..~,- ,"" ..,'.......... ...._....-... ..-.._'...,-'........_.'...--..-.','... "",-- ...... -,'. ,~ '.:' .:+:. ':.:0 - .:.:- .,.:- .~~ .:+:' ':+~ .:<<' .:+:. .:+:. ':.:. .:+:. -:+:. .:+:. .:+:. .:+:. -:.:. .:.:. .:.:. .:+:. .:.:.' I,iI I,iI ~ " Dy The Court: A ~ ... .&.' tJJ~~e Ortl'.. ..... . Allest: '0.. lu.. H P. / J. ....,-~. ~l. )t' ~~~ ~_ ,.o;z.. . i1' - "?""/' Prothonotnry ~ 8 ~ ~ ~ ~ ~----~- .. ,...:- .w... -:.:. ':fo:- ~ 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 !, 8 8 8 8 e ~ ~ ~ .~ $ ~ ~ ~ ',' $ /r9-1'),f~ &;I'.~.,~~~ i?f ~ Id./).ft /I~ ~ 15 ~ #~ .. .. .. PROPERTY SETTLEMENT AGREEMENT THIS AGRBEMENT made this 12-Ul day of b.lV\l(.lJ")"~/ , 1996, . . by and between Jeffrey L. Walters, whose current mailing address is P.O. Box 796, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Hueband"), and Tiffany D. Walters of 501 porsha Terrace, Camp Hill, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"). WITNESSETH I WHEREAS, Husband and Wife were lawfully married on October 23, 1993, and; WHEREAS, no children have been conceived of this marriage; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have been separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights, and obligations; and NOW THEREPORE, the parties intending to be legally bound hereby do covenant and agree: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. ''''- 10/31/96 . . .. . 2. INTERFERENCE I Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not an~ in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTSI Husband represents and warrants to Wife that since the separation he 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 shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Husband specifically acknowledges that he has incurred various credit card debt which is outstanding as of the preparation of this property Settlement Agreement. Husband agrees that he will pay all credit card debt and other debt incurred by him and will agree to indemnify and hold Wife harmless from any and all responsibility from said debt. 2 . S. MUTUAL RELEASE I Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980 and the 1988 Amendments thereto including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. Should a divorce action be commenced by either of the parties, the moving party shall request the Court to incorporate, but not merge, this Agreement into any divorce decree. If this Agreement is incorporated into a divorce decree, the parties shall.have the right to enforce this Agreement under the Divorce Code of 1980 and the 1988 Amendments thereto in addition to any remedies in law or equity and these enforcement rights are not waived or released by any of the provisions of this Agreement. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Divorce Code of 1980 and the 1988 Amendments thereto, does not give either party the right to raise 3 . . other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 6. DIVISION OP PERSONAL PROPERTY: With the exception of: . two Lane hope chests (pre-marital asset); . a Sony television (pre-marital asset); . a big television (property of Jim Green, Jr.); . a Williamsburg picture corner desk/cabinet (marital asset) ; . stereo receiver and speakers; which are currently in wife's possession and shall be returned to Husband, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 7. DIVISION OF REAL PROPERTY: Husband agrees to transfer all right, title and interest in and to the real estate situated at 501 Porsha Terrace, Camp Hill, Pennsylvania, now titled in wife's name alone, to the Wife and agrees to immediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Husband further acknowledges that he has no claim, right, interest, or title 4 whatsoever in said property and further agrees never to assert any claim to said property in the future. The parties also have an interest in and to the real eotate situated at 1801 North Second Street, Harrisburg, Pennsylvania. Wife ~grees to transfer all right, title and interest she may have in and to said real estate, which is currently titled in the names of Mark Reilly, Christine Reilly and Wife, to Husband. Wife further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees to never assert any claim to said property in the future. 8. AUTOMOBXLESI Husband agrees to transfer all his right, title and interest whatever it may be to a 1990 Honda Accord to Wife. wife agrees to indemnify and hold Husband harmless for any and all liability arising out of the ownership of said vehicle. Wife agrees to transfer all her right, title and interest whatever it may be to a 1994 Mitsubishi OiAmonte to Husband. Husband agrees to indemnify and hold Wife harmless for any and all liability arising out of the ownership of said vehicle. 9. EACH PARTY RETAINS OWN PENSION PLANSI Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, 5 Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. 10. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE I The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter Wife agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Baid bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 11. PAYMENT TO WIFEI Husband agrees to pay Wife six Thousand Two Hundred Fifty-five ($6,255.00) Dollars as follows: Two Thousand Eighty-five ($2.085.00) Dollars upon the execution of this Agreement; Two Thousand Eighty~five ($2,085.00) Dollars within 6 Thirty (30) days of the execution of this Agreement; and a third and final Two Thousand Eighty-five ($2,085.00) Dollar payment within sixty (60) days of the signing of this Agreement. 12. WAIVERS OF CLAIMS AGAINST ESTATES I Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary in any will or other document, whether written in past or in the future. 13. SUBSEOUENT DIVORCE I Both parties agree to execute Affidavits of Consent to Divorce pursuant to Section 3301(c) of the Divorce Code contemporaneous with the signing of this Agreement and shall direct their respective counsel to immediately file with the Court said Affidavit. Husband agrees that he shall direct his '. 7 . - -',,,""""" ""...'., -~"" counsel to immediately file with the Court a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 14. 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 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 costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request. of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of Samuel L. Andes, Esquire, as her attorney. The Husband has employed and had the benefit of counsel of J. Paul Helvy, Esquire, as his attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such B . advice and with such knowledge, and that execution of. this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the new Pennsylvania Divorce Reform Act, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 17. 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. 18. MODIPICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made 9 ,>,;:. '. in writing and executed with the same formality as this Agreement. The failure of either party to insist upon 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, 19. DBSCRIPTIVE HBADINGS: The descriptive headings used herein are for convenience only, They shall have no effect whatsoever in determining the rights or obligations of the parties. 20. MUTUAL ACCEPTANCB: The parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against each other for their support and maintenance, and also alimony, alimony pendente lite, counsel fees or for any other provision for their support and maintenance, and also alimony, alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceeding which may have been or may be instituted by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be charged by any counsel arising in any manner whatsoever for breach of this Agreement. 21. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been 10 il;', , executed prior to the date and time of this Agreement are null and void and of no effect. 23. VOID CLAUaIa: 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, 24. DISCLOSURE: The respective parties do hereby warrant, represent, and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress, undue influence, or that there was any absence or lack of full, proper, and independent representation. 11 e....'..,.."...,... .. ...,...., ._.,~..,;,.-,~~,f....,~.;~,;;;~_...+" IN WITNESB WHBRBOP, the parties have hereunto set their hands and seals the day and year first above-written. WITNESS: (! t1~Vlb P. ~ . Walters (fj. ~ G~ 12 . '. . ~ ,_~...~__.....",.~_....,. '_''''''';:'',"""..,,<~_..,:_,.,..o.. ..~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF [)~u \" I+/N ss. : On this the ~~i~ day of ~ , 1996, before me, the undersigned of cer, personally appeared Jeffrey L. Walters, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. My Commission Expires: ~~~( r- NOTARIAL SEAL BERNICE M. JENNINGS. Notary PubliC Hllriaburg. Dauphin County M Com_ex sA r1120 2000 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C~ SS, : -ti. On this the \1 day of (Vo..;e""g.ere.. , 1996, before me, the undersigned officer, personally appeared Tiffany D. Walters, 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~~_., Elv,~ My Commission Expires: NOTARIAL SEAL LYNN EHRENfeLD. Notary Public Le~e BOro.~lJlberf8l1d Coun!} My COimllaslon Elqllres AuQ.17.2000 13 >- <'I t~ ~~ t.....~ ; , ~~.'- ~~ -/ ~ ~'. fE' ~. ~ Co.. '. 1.j7 -)~2 ):,( 0 ' <,I} 0[,.. ~ -. tLl.-~ ...." ~\. c....: ;-tD U- . t'.. .:~_lu. " t~. ~ :.;: L.< . . I'. ,n -) "'-'-'- 0 <.;) D " . ,~- , JEFFREY L. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 6612 Civil Term CIVIL ACTION - LAW IN DIVORCE v. TIFFANY D. WALTERS, 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. Ground for divorce: Irretrievable breakdown under Section 3301(C) of the Divorce Code. 2. Date and manner of service of the Complaint: By certified mail, return receipt requested, to defendant, Tiffany Walters, on November 21, 1995, as evidenced by the attached proof of service which is being filed contemporaneously herewith. 3. Date of execution of the affidavit of consent required by section 3301(C) of the Divorce Code: by Jeffrey Walters, plaintiff, on December 6, 1996; by Tiffany Walters, defendant, on December 4, 1996. 4. Related claims pending: The attached Property Settlement Agreement is incorporated but not merged to the Decree in Divorce. ~.(: Dated: December 9, 1996 J. Paul Helvy, Esquire llian & Gephart 218 pine Street P.O, Box 886 Harrisburg, PA (717) 232-1851 Attorney ID #531 Attorneys for Plaintiff >^ _" ..'"L;,~":""";""-:'" - -~ ~_~ -~ ~ C'I '- r.... ~. - ~, . - t-:: c;: ::) ':5 ~F ..':)~. ~ -...f ~ n: .." ...... ~; r"'\~ ,. c::> :;:~n .1:;'; LL.' ~^. .,'4_," :..;!L' t....' .~tu u.... ~y) (.l.. .. ~i r~ C ~ t ~ . -.0 a 0 c;, . ,... , TIFFANY D. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 75'.(,1./:2- CWd"'~ JEFFREY L. WALTERS, plaintiff NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, 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 - Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 Telephone (717) 240-6200 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. fl$'- I. t./.L ~-r-,- CIVIL ACTION - LAW IN DIVORCE ."."., ., . ."";":'~~:;;';;';~~_~~'":'I'""io""";1M~~':" . JEFFREY L. WALTERS, Plaintiff TIFFANY D. WALTERS, Defendant COMPLAINT IN DIVORCE AND NOW comes Jeffrey L, Walters, by and through his counsel, Killian & Gephart, who represents as follows: 1. Plaintiff, Jeffrey L. Walters, is an adult individual, whose current mailing address is P.O. Box 796, Camp Hill, CUmberland County, Pennsylvania. 2. Defendant, Tiffany D. Walters, is an adult individual who currently resides at 501 Porsha Terrace., Camp Hill, Cumberland County, Pennsylvania. 3. Plaintif~ avers that he has been a bonafide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 23, 1993 in Camp Hill, Pennsylvania. 5. Plaintiff avers that there are no children of the parties under the age of 18. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the CLAIM POR EOUITABLE DISTRIBUTION OP MARITAL PROPERTY UNDER SECTION 401 OP THE DIVORCE CODE 10. The averments of Paragraphs 1 through 9 are hereby incorporated by reference thereto. 11. The Plaintiff and Defendant are the owners of real '. provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. estate, personal property, furniture, household goods, and furnishings acquired during their marriage which are subject to equitable distribution by this Court. 12. The Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, insurance policies, pension, profit sharing and retirement plans, and other-tangible and intangible personal property acquired during their marriage which are subject to equitable distribution by this Court. WHEREPORE, the Plaintiff requests the Court enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all marital property owned by the parties hereto; c. Such further relief as the Court may determine equitable and just. Respectfully submitted, Dated: November 16, 1995 u Paul Hel , Esqu re 218 Pine Street P.O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I.D. #53148 Attorneys for plaintiff 'I 1;~ 1 . . VERII'ICATION I hereby verify that the statements of fact made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. J:f!Jb!.~ Dated: \\''\/~ If;-.,-<" ~'__. A J ~ ~ .... ..... ~ s ~ " .... p -r.: '" ~ ~ .. ... '..; ~ .... ~ '" ... .'-1 r = . ... >- ."" -= ~ ,- .~.. ,~:.: '-o! . J ~. ~!" ,~~ ~ ~':'I :,.. ("., I ~. ~I l.~ I~ -; ,-:; '..1,",,' ,;:..y :.I!",-; ;'..U ,-.:II 0... ~ .:;v i .. '1t:"!a....,_~ . ._-,...."'-'- ...... ~ IJbE: '1t<J , m._"o ..'''~'''''''''''_''''..'..",_.",.O'':''. "<'._...-".',.....-','" JEFFREY L. WALTERS, ) IN THE COURT OF COMMON plaintiff ) PLEAS OF CUMBERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - lAW ) TIFFANY D. WALTERS, ) NO. 95-66l2 Civil Term ) Defendant ) IN DIVORCE AFFIDAVIT TIFFANY D. WALTERS , being duly sworn according to law, deposes and says as follows: l. I have been advised of the availability of marriage counseling and understand that I may request that the court require that ~ spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office which is available to me upon request. 3. Being so advised, I do ~~equest that the court require that ~ spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements l1erlilin are made subject to the penalties of 18 pa.c.S. section 4904 relating to unsworn falsification to authorities. SWorn to and subscribed before me this.,,21l:hday of '1'lc>~laU, 19.95. IlIlIMIIl.IIM. 1aI....111::._ PUalC IDIIIIa aD, 'lLANO co. ~ 11'I DPIMSAPllIL 7 .IM ~ .# ~ an I~ M B~ ::c 0.- g>1 ~ co 4~ ~ Co.) i~ LLJ Cl :.: t5 an a 0' '1--r.A~t~.,,~. ,~-~U;.-;\ ,,"\ , Ir~t k't,;' f:nlb-!.Ij",- ( _ roa.~CIfj.l,;:.q1f":i,..ltt "I{ L,~,"_._~:~~_:::.~'~ ,_., n \. I , -. .- , JEFFREY L. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 6612 Civil Term v. TIFFANY D. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, J. PAUL HELVY, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce was served upon the Defendant by certified mail, return receipt requested on the 21st day of November 1995. The original signed return receipt, number: P 287 422 860, is attached hereto and made a part hereof, Dated: December 9, 1996 /L (' , {' //I~ \ . ul Hel vy, Esquire c/ K lian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Atty. I,D. No. 53148 Attorneys for Plaintiff " .. P 267 422 6bD ~ Raoe\t. ;ul Cartnled MaU . I. . No Insur.nee Covetege Provided DE 00 not UN 'or lnle,nltional Mall IS.. Rave,.e' "'" In Tiffan S....I.nd No PO.liuIIIPdIIPCodII ... $ S~ c."Il...:t fee S.-cWl o.ltVtMV ,.... Re,'"c:ted IltI......'y'l'Il c;; A.ruln RKI'opl Sho~ 1.10 .. III Whufn . 0... 0Pl1'f9I'1>d - Ilet",nRK.Ip!S~"~tuWt1'lll'. [ jJ 0.,., lIlld .Ad(h'....... Add!V\, TOJAI Pm,. $ .'7~ . fet', III Postmalk or 0..1. l') 11/21/95 E 0 ... K? ~.~..... -,.... ..~.. _.......~ '... .--... ... ...-- \.,- "; ~ ,~ ., ~i ,'f .{l .:.DOMarlC.IlITU..."lllCllglii: ':" '.. .. ....,,', ...,,/..... .,,,.,..~h.,"",J,i.c?:j.-.,,.YPl . .. ......-.,,'. :-,:-;,.......,!'!;;;:<:.-_,:f.~_;,_~:r.~~1,~.;#'I: .. ~ ( t \ l -- <,I " t~ - ~~ .- ' , ,- 'l ::} UJr-' (,.....; -' , S,di- ..-.... tt: .... -':?~ q:: 0 :,j\ ( C\ - ~ ~,,} ul" t.' ~<!) l _It," l.~_ ~ ,., :0-. ,.. e.: ..~ l'~ <.'" C <" '- ~~J JEFFREY L. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 6612 Civil Term v. TIFFANY D. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Tiffany D. Walters, do hereby swear and affirm that I accepted service of a true Divorce on -!J /27 I q c;- , f I and correct copy of the Complaint in , 1995. " 11.0 '7#iJ2 riJ'fer.5 Tiff y D lters " ~. ~ .. ",-",~,' - iE ~ Se. ~ ~ ~ . ,J~ LLIAN III GEPHA~~ . ~'",J . lie ,... ITItU1' ',,', .'~;-:/:_-<:',':'_ _ ," 0. _.ox .. , ' _ ,,' ,,?;;il-WwdimO;I'ENIUlYLVANIA 17l0l.oelNl .. 'i..r.~:';~"-':-i""';"'" .'.... :.- ',-, - '. ". . ,'.:. ,'..'" ,J'" }f:~;: r..\ ,~ , 4oi'.. THE LAW ""M OF JEFFREY L, WALTERS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 95 - 6612 Civil Term v. TIFFANY D. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 20, 1995. 2. The marriage of plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce, 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A, Section 4904 relating to unsworn falsification to authorities, ~ Je f Dated: December 6, 1996 , ,t (:: c-J (_": '" -, i--:~ M 'J.r: ~(' r.)T,::' FE~ ' ,OC .;:.:.:" '.0: J_j' ~_I ~:. ;>>... 0 .'(1) -.. -.'/ U.ll.~. j,,-. _, (.., .,: ;-~ u::l'. <tit, f'. L,'.,l :';l(l.. -. 0 :~-: LI.. ....n :::1 0 C\ <'..) JEFFREY L. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 6612 Civil Term v. TIFFANY D. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIWR 0' NOTICB 0' INTBNTION TO RlQUBST ENTRY 0' A DIVORCE DBCRlB UNDER 13301(a) 0' THE DIVORCB 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 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. Jef Dated: December 6, 1996 'ii; c., ~- ~ - :.::.: c:: ...... ~~: ;.)<! c -' ,>j~c: dr:. c.: ..:.... 1;;; . < c::> ,.' rn @t. - '~-,# ;;..J,. <..' ><:~~ Li> uJ _.';1It:} C' ;';16: .- c;: <'- u:> ~'j 0 0' u ""'. : ~"';' 1- ~.." ,.;' ':.!:....,. ., ,~t~;--" .' ,~;<~:2Sf".: "".": ,.. , ..-. t~-~;, ~ ,.',' ,_ i ;;~!: " . ' .. . ... . JEFFIlEl! L. WAIil'ERS, Plaintiff ) ) ) 1 1 ) I IN THE COURT OF COMMON PLEAS OF aJMBERLl\N[) COUNTY, PENNA. CIVIL ACTION - LAW vs. NO, 95-66l2 CIVIL TEIM IN DIVORCE TIFFANY D. JolAIJrERS.:tt UatenCllih AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce CDde was filed on 20 November 1995 and was served upon the Defendant on or about 22 November 1995 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (901 days have alapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant, 3, I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decrse or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree, 4. I have been advised of the availsbility of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to rsquire my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904 relsting to unsworn falsification to authorities. 4 December 1996 DATE --<;.,. ." ",'C. ~~~_.; ,...,;."",,\... .i~~,", <.:~,"..~>~ .._".~ ;,,,,-,,., ',j' ~.. . rl~<J1.;...-rL ~ ..:I' ?;. c:; " ,- ;;. "'i 1i ~O ,-). :;;: .,- :Jt.;: !.:!() It~ a: ....;~ ~C ~O ';; (.. '''j- 1--. I .'1(5 r[U' (...:l !.-..' L.1.; .'20.. ",- c. c:.;; .< v_ ~I') .:;J Q C"' 0 --......",......""P.e..... . ,;,;.;;~..~"..",~..."...;.,.~L~'~,;~~,~~r ~, 0: .. I .. ~ -.. . , ,.,.."",,. i<'fA' .. . . . ... . . ~ L. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF ClJolBERU\ND COUNTY, PENNA, CIVIL ACTION. LAW VB, TIFFANY D. WALTERS, Defendant NO. 95-66l2 CIVIL TElf.1 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301/01 OF THE DIVORCE CODE 1, I consent to the entry of a final decree in 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 det'ree is entered by the court and that a copy of the decree will be sent to me immediately after it is filad with the Prothonotary, I verify that the statements made In this Affidavit sre true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities, 4 December 1996 Dated: IS ~ oS ?: c; ;:;: . "'" .. .,~ ~Q. ..:J =-:.).r- ~~ -- '.J ;:: a:: q~ >.::> .~ I :)~ u :'1 [loOt.!,. 1.:-' ':.:1 F r;;: \5 .n t3 (J'\ '..) .. . . '. \..:;, ,,,~~':J.,;...'., ;,.', ~.......,....,..., .\".,;.,'-..i, :,,,,\~:.-;,;,~,,~'J)~~~~"';l{(~_~t~~;~<r~,J.;'l'~L~(,".~)<f';;",'.~',>:' . .. C' '. ,.,-.~..,-~ ,...;~,.::~'oil""'~1"~ IF......' lfI~F<"- -~toiIW\'fJ1i" ~~';;.;;.~,~,,,...i(.t' v ~ Ii' :> THB LAW PlIlM OF. \.. . KI't.I.IAtr!<~EPHART . It. PINI mIDT. Po 0...01 ~~.. _ . . HARRISBURG. PENNSYLVANIA 1710a.o8811 ....~......~"""'.;~;.....-'f.:..t;;.,:...i>.>._ti~..w--~_cc-".. - ,-. ~ "CERTIFIED _N~.. ;i..-_~,~.""._.,c_." , ~ L. , . . JEFFREY L. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 6612 Civil Term v. TIFFANY D. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSB AND NOW, this ---1J:!. day of -1ipr', I , 1996, a Rule is hereby issued upon the Defendant to show cause why Plaintiff's Motion for Protective Order should not be granted and the Defendant's Interrogatories striken. Rule returnable ;XI) days after service. BY THE COURT: cc: Bradley A. Schutjer, Esquire. _u .'1 I Samuel L. Andes, Esquire ~ ~ 1/-11-1/' -.tAW- \.'!,~. ""''''''11 ,....:/ .' " ' ,.... ~. : " " f.,-', ";01'11 1.-:;.. . ., ,.,.,'....;,'"10 9) :? :' J 1'" 1'/ r ," ., '. ~I \...-.,J~ ..iJ /L\~.-_.;: ;..; ;, ,_ .j .:. ',>~ ;;) ~rll.'n,' :"1'" -"'- ---- ..1....;J _ , , . . ~ " JEFFREY L. WALTERS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 6612 Civil Term TIFFANY D. WALTERS, Defendant CIVIL ACTION - LAW IN DIVORCE ORDBR . HOW, this day of , 1996, upon consideration of the attached Motion for Protective Order, the Defendant's Interrogatories to Plaintiff filed March 12, 1996, are stricken, and the Defendant is ordered to submit revised Interrogatories which adhere to the limitations of Rule 4005-1 of the Rules of Court of Cumberland County. J. cc: Bradley A. Schutjer, Esquire Samuel L. Andes, Esquire '" ." ,-- -;"" ".."~<,,_'i<_":'.,':~-.-,,__-.-":"__'-_ _ '" .,. . . r JEFFREY L. WALTERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95 - 6612 Civil Term CIVIL ACTION - LAW IN DIVORCE v. TIFFANY D. WALTERS, Defendant MOTION FOR A PROTBCTIVE ORDER UNDER PA.R.C.P. 14012(a) AND NOW COMBS Plaintiff, Jeffrey L. Walters, by and through his attorneys, Killian & Gephart, and in support of his Motion for Protective Order, avers the following: 1. Plaintiff, Jeffrey L. Walters, filed an Action in Divorce on November 20, 1995, naming Tiffany D. Walters as Defendant. 2. On March 12, 1996, by and through her attorney, Samuel L. Andes, Defendant propounded Interrogatories on Plaintiff. A copy of said Interrogatories is attached hereto as Exhibit "A" and incorporated by reference thereto. 3. The Defendant's Interrogatories contain 66 separate Interrogatories. 4. Pursuant to Rule 4005-1 of the Cumberland County Rules of Court, parties are limited to 40 Interrogatories and may only exceed this number by agreement of opposing counselor leave of court. A copy of Rule 4005-1 is attached as Exhibit "B" and incorporated by reference thereto. ... . . . . 5. Defendant has submitted Interrogatories exceeding 40 in number but has failed and refused to seek leave of Plaintiff's Counsel prior to filing the subject interrogatories. 6. Also, Defendant has failed to request leave of court prior to filing the subject Interrogatories. 7. Defendant is in clear violation of Rule 4005-1 of the Rules of Court of Cumberland County, Pennsylvania. 8. Due to the excessive number of Interrogatories, the Defendant's discovery is unreasonably annoying, oppressive, and burdensome. 9. Despite repeated requests, Defendant has failed and refused to amend or withdraw the subject interrogatories. 10. A co~ ~: this motion was Defendant on ~ 2., , 1996. WHEREFORE, Plaintiff, Jeffrey forwarded to Counsel for L. Walters, respectfully requests that the Defendant's Interrogatories to Plaintiff be stricken, and that the Defendant be required to submit revised Interrogatories which adhere to Rule 4005-1 of the Rules of Court of cumberland County, and which are not unreasonably annoying, oppressive, and burdensome. Respectfully submitted, KILLIAN & GEPHART chutjer, Esquire ttorney . # 75954 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Attorneys for plaintiff . . JEFFREY L. WALTERS, 1 IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, 1 PENNSYLVANIA 1 VS. I \.:IVIL ,\CTION - LAW ) 1 NO. 95-66l2 CIVIL TERM TIFFANY D. WALTERS, ) Defendant ) IN DIVORCE DEPP.NDANT' S TNTP.RRnGA'l'ORTES 'l'O PI.A TNTIFF TO: J. PAUL HELVY, ESQUIRE P.O. BOX 886 HARRISBURG, PA 17108-0886 counsel for Plaintiff PLEASE TAKE NOTICE that you are required, pursuant to Pa, R.C.P. 4005 and 4006, to file the original with the Court and serve a COpy on the undersigned, of your Answers to the within Interrogatories within thirty (30) days after service of same. Each Interrogatory shall be answered fully and completelY, in writing and under oath. If there is insufficient space to answer an interrOgatory, the remainder of the answer shall follow on a supplemental sheet. These Interrogatories shall be continuing in nature. If, at any time subsequent to the filing of your original answers, you or anyone acting on your behalf should learn or be made aware of additional information requested but not contained in your original answers, then you shall promptlY file a supplemental Answer containing the same. DATE: tI M~~ Q nrf) @. ~~l-L. ~ '" Attorney for Defendant Post Office Box l68 Lemoyne, PA 17043 (7171 76l-5361 1 EXIIIBI'l' .. J\" ";"""'-""';"~~ " . . TNATRtJr!'I'TnNA ANn nRPTNT'I'TnNA The followinQ Instructions and Definitions form an inteQral part of these InterroQatories, and the InterroQatories are to be read and answered in accordance with these Instructions and Definitions. 1. IX)CIIMP.NT The term "document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, whether sent or received or neither. including drafts and copies bearing notations or marks not found on the original, and includes, but is not limited to: (a) All contracts. agreements, representations, warranties, certificates, opinions: (b) All letters or other forms of correspondence or communica- tion. including envelopes, notes. telegrams, cables, telex messages, messages (including reports, notes, notations, and memoranda of or relating to telephone conversations or conferences): (c) All memoranda, reports, financial statements or reports, notes, transcripts, tabulations. studies, analyses, evaluations. pro- " jections, work papers, corporate records or copies thereof, lists. comparisons. questionnaires, surveys. charts, graphs, summaries, extracts, statistical records, compilations: (d) All desk calendars, appointment books. diaries: (e) All books, articles, press releases, magazines, newspapers, booklets, circulars, bulletins, notices, instructions, manuals; (f) All minutes or transcripts of all meetings: and (g) All photographs, microfilms, phonographs, tapes or other records, punch cards, magnetic tapes, disks, datacells, drums, print- outs, and other data compilations from which information can be obtained. TT. COMMUNTCATTON The term "communication" means not only oral communications, representations, or warranties. but also any documents (as such term is defined in Section I above), whether or not such document or the information contained therein was transmitted by its author to any other person. TTI. IDRNTTFY: TDRNTTTY: TDRNTTFTCATTOH When used in reference to a natural person, the terms "identify", "identity", or "identifica- tion". mean provide the following: 2 . . . (a) Full name: (b) Present or last known business and residence addresses: (e) Present nr last known business affiliation: and (d) Present or last known business position (including Job functions, duties, and responsibilities). When used with reference to any entity other than a natural person state: (a) Its full name: (b) The address of its principal place of business: (c) The identity of all individuals who acted and/or who authorized another to act on its behalf in connection with the matters referred to: (d) In the case of a corporation, the names of its directors and principal officers: and (e) In the case of an entity other than a corporation, the identities of its partners or principals or all individuals who acted or who authorized another to act on its behalf in connection with the matters referred to. When used in reference to a document, the terms "identify", "identity", or "identification" mean provide the following: (a) The nature of the document (e.g. letter, contract, memorandum) and any other information (i.e. its title, index, or file number) which would facilitate in the identification thereof: (b) Its date of preparation: (c) Its present location and the identity (as defined previously herein) of its present custodian or, if its present location and custodian are not known, a description of its last known disposition: (d) Its subject matter and substance or, in lieu thereof, annex a legible copy of the document to the answers of these Interrogatories: (e) The identity (as defined previously herein) of each person who performed any function or had any role in connection thereof (i.e. author, contributor of information, recipient, etc.) or who has any 3 . . knowledge, thereof together with a description of each such person's function, role, or knowledge/ and (f) If the document has been destroyed or is otherwise no longer in existence or cannot be found, the reason whY such document no longer exists, the identity (as defined previously herein) of the people responsible for the document no longer being in existence and of its last custodian. When used in connection with an oral communication, the terms "identify", "identity" or "identification" mean provide the following information: (a) General nature (i.e. conference, telephonic communication, etc.) : (b) The time and place of its occurrence/ (c) Its subject matter and substance: (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any knOWledge thereof together with a description of each such person's function, role, or knowledge: (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof: and TV. DR8CRTRR! DR8CRTPTTON When used with respect to any act, action, accounting, activity, audit, practice, process, occurrence, occasion, course of conduct. happening, negotiation, relationship, scheme, transaction, instance, incident or event, the terms "describe" or "description" mean provide the following information: (a) Its general nature: (b) The time and place thereof: (c) A chronological account setting forth each element thereof. what such element consisted of, and what transpired as part thereof: (d) The identity (as defined previously herein) of each person who performed any function or had any role in connection therewith or who has any knowledge thereof together with a description of each such person's function, role, or knowledge: 4 .<.. (e) The identity (as defined previously herein) of each document which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof: and (f) The identity (as defined previously herein) of each oral ~ommunication which was 'I part thereof or referenced thereto. When used in connection with any calculation or computation, the terms "describe" or "description" mean provide the following information: (a) An explanation of its meaning: (b) An explanation of the manner in which it was derived: (c) The identity (as defined previously herein) of each person who performed any function with respect thereto and a description of his function: (d) The identity of each document (as defined previously herein) which refers thereto or which was used, referenced to, or prepared in the course or as a result thereof: and (e) The identity (as defined previously herein) of each oral communication which occurred in the course of the preparation thereof or which referred thereto. V. PACTUAI. BARIR The term "factual basis" means: (a) Set forth each item of information upon which the allegation, contention, claim, or demand to which it pertains is based: and (b) With respect to each such item of lnformation, identifY each person having knowledge thereof and identify and describe (as defined previously herein) each source thereof. VT. RRI.ATRR TO! 'MfF.RRTO The terms "relates to", "relating to", or "thereto" when used in connection with any act. action, activity, account, practice, process. occurrence, occasion. course of conduct, contractual prOVision or document, happening, relationship, scheme, conference, discussion, development. service. instance, incident, event, means used or occurring or referred to in the preparation therefor, or in the course thereof. or as a consequence thereof, or referring thereto. VIT. PRRRON The term "person" means all natural persons, corporations, partnerships. or other business associations, public authorities, municipal corporations, state governments. local governments, all governmental bodies. and all other legal entities. 5 ~....~...."....-,. ~"'''.'''':''''''',...li'.~_~<<1"~~"",..,~_,..c-. . . 1. State your name, social security number, home address and business address. 2. State the names of all employees for the past five years. For each employer, state: (a) The dates of such employment (b) The position held. (c) A description of the duties performed. (d) Reason for termination. (e) Salary. "'!-i"~., ,...."".,_.,'. -v ~~~":(<..r..ri~"l#,.'v ,'_'-'l.,.:.,.... . 3. Did you receive any other earned income within the past five years? For each sllch income, state: (a) The amount of such compensation. (b) The nature of the work performed by you. (e) The name and address of your employer \~here applicable. (c) Your account number with such pension or profit-sharing plan. (d) The amount of benefits which have now vested in you or to which you are presently entitled. (e) The current cash value, or the amount of cash which you are entitled to withdraw at this time, from such pension or profit-sharing plan. (f) The earliest date at which you will be able to withdraw monies from the pension or profit- sharing plan. 4. As a result of your employment, or from any other source, are you entitled to, or will you become entitled to at any time in the future, participation in a pension or profit-sharing plan? If so, for each such pension or profit-sharing plan, plan, please state: (a) The name of the employer or entity from which your rights were obtained. (b) The name of the trustee or other person or entity administering the pension or profit- sharing plan. 5. What is your present occupation? Please include a detailed description of your duties and responsibilities. :~)" 'or:'-" 6. What has been your income from your business since it was created? with regard to that income, please provide the following: (a) The gross revenue received by the business during each tax year since its inception. (b) The total of the itemized operating expenses of the business as shown on your income tax returns for each year. (c) The net profit or income to you from the business in each year. (d) A listing of all benefits provided to you by the business or all of your personal expenses paid by the business, including, but not limited to, health insurance, pension or profit sharing plan contributions, country club or other club membership or expenses, credit card payments or reimbursements, automobile expenses, travel and entertainment expenses, and the like. '"w.:;:'.,.,,">-.' ;.(,-""/";+..'.\"'."",,..,.....,.....,,"'",......-,.,-. 7. Do you own stock, bonds or mutual fund shares of the like? If so, for each entity to which you own such security, please state: (a) The name of the corporation or the issuer. (b) The number of shares and the face amount of such security. (c) The date such security was purchased. (d) The maturity date of such security, if applicable. (e) The current market value of such securities. (f) The dividents paid by each such security for each year of the last five years. "_,'~~_-__~4-~_.,'_!",=",,,,,,,,,,,,,,^ , "..~_"~_~~","""~_.:,,.~,,,,: ,;.,..-,,'~',-,..... 40" l~ .- :l.""",~~,:.-,;;:'~.~_:, 8. Are you the holder of any mortgages, accounts receivable, notes or other evidence of indebtedness? If so, for each instrument please state: (a) The type of instrument. (b) The date of maturity of such instruments. (c) The amount interest payable to you yearly under such instrument. (d) The nature of the sale of transaction (type of merchandise sold) from which said instrument arose. (e) The date the instrument was acquired by you. 9. Are you the holder of any rental property? If so, for each property state: (a) The type of such property (whether real or personal). (b) The location of such property. (c) The date acquired. (d) The net monthly rental to you from each piece of property. ~,~,,'..,:"""~ ',.:~j<.:+,,"""'''~~~L_.' .., ._.._ 10. For each piece of real estate owned by you/ in your own name or jointly owned with any other party/ state: (a) Its location; (b) Date of purchase; (c) purchase price: (d) Its current market value: (e) The total mortgage to which such property is subject; (f) The monthly mortgage payment on each such property; (g) The monthly rental income from each such property; (h) Your interest (i.e. sole ownership, tenants by entireties, etc.) .....,-,... . (11) Are you the owner or beneticiary ot any policies of life insurance. For each policy, state: (a) The name ot each owner ot such policy. (b) The name ot the beneticiary ot each such policy. (c) The tace amount ot each such policy. (d) The cash value ot each such policy. (e) The date each policy was purchased. , . iC..r't";..,.;!,,:~h.iA'M...:;,:~,,~i..o;"-'; '",';~',-;, - . l2. Have you made any application for indebtedness within the past two years? If so, for each application state: (a) The name of the institution to which such application was made. (b) The amount of indebtedness requested. (c) The purpose for which such loan was requested. (d) The disposition of such application. (e) Please attach a copy of each such application to your answers to these Interrogatories. . ""''''''~''':~'~''''d'''_'''''''''' ..__.._.... ".,.._" . ,_".-4 ._'_C'" ,--..-,.-.!,-..,.-, -:""~-~'~~"""''"~.!::'''''''''-'~.''''-r.. ,. . ' 13. If you own any partnership or proprietary interest, state: (a) The value of any inventory or business equipment. (b) The date and amount of purchase of such inventory or equipment. (c) The balance due if any on any item listed. (d) A current evaluation of each item as described on the books of accounts. , 1 ;;., " j l , ~., ~' . , !. . . l4. Please identify any property which you claim or assert not to be "marital property", as defined by the Divorce Code for the reasons set forth in Section 40l(e) of the Divorce Code. For each such item of property so identified, please state the following: a. The date acquired; b. From whom acquired; c. The value of the item at the date of your acquisition of it and the price or consideration, if any you paid for it; d. The basis for you claim that this property is not "marital property". 15. List any gifts or contributions made by you in excess of $250.00 within the past two years. For each such gift or contribution, please state the name of the donee, the date of such gift, and the purpose of such gift. l6. Describe your vocational skills and employability. l~. Do you contend that you have contributed to the education, training, or increased earining power of your spouse? If so, please describe in your own words the contribution that you claim to have made, the time frame and manner in which you made it, and the amount by which you feel it increased his or her earning power. . . . ' l8. please state in detail your educational background, including any formal educational degrees you hold, the institutions from which you obtained them, and the date you obtained them, and stating any specialized training or apprentice training you have received, the date you received it, and from whom or where it was received. 19. State in detail any marital misconduct of which you feel your spouse is guilty and which you plan or desire to assert as a basis for determining the amount of alimony, if any, should be paid in this action. " ",'"c":""!'i<,' c,.,;,.. "..'..~i...'-. ""r';"'!~M.".'''-'P,'''''sh''''''f.!~h.o;-...~:"''''~~n~.~~__...~ .. '"c."" :~,." . , . ,. . , COMMONWEALTH OF PENNSYLVANIA ) ( SS.: roUN~~ ) ,! .. Personally appeared before me, the undersigned, a Notary Public in and for the Commonwealth and County aforesaid, deponent, who being duly sworn according to law, deposes and says that the answers contained in the foregoing Interrogatories are true and correct to the best of his knowledge, information and belief. Deponent >I Sworn and before me of subscribed to this day , 1996. Notary Public i' ., . .. . .. . . . ~IFICATE OF SEBVlCE I hereby certify that I served an original and one copy of the foregoing of the foregoing Interrogatories upon counsel for Plaintiff herein by certified mail, postage prepaid, return receipt requested: DATE: 'Q ii4.e.J. ~~ J, Paul Helvy, Esquire P.O. Box 886 Harrisburg. PA 17108-0886 ~~ S -- - ~ An.... Attorney for Defendant t I I. I, I I , ' . ., . . ,. RULE 1920.53-6. Proof of notice of the filing of the master's report to each party, as required by Pa, R.C.P. 1920.53(a) (2), shall be filed of record. The master shall inform each party that exceptions may be filed pursuant to Pa, R.C.P. 1920,55 within ten (10) days after notice of the filing of the report was mailed. Note: This rule is derived from former Rule 1133-17. Adopted April 29, 1983, effective June 1, 1983. RULE 1920.55-1. When exceptions are filed to the master's report, the Prothonotary shall immediately list the case ' for the next Argument Court, It shall be the responsibility of counsel to request the court to order that a transcript be prepared if needed. Adopted April 29, 1983, effective June 1, 1983. INTERROGATORIES RULE 4005-1. Number of Interrogatories or Request for Admissions. Interrogatories or requests for admissions to a party, as a matter of right, shall not exceed forty (40) in number. Interrogatories or requests for admissions inquiring as to the names and locations of witnesses, or the existence, location and custodian of documents or physical evidence each shall be construed as one (1) interrogatory or request for admission. All other interrogatories or requests for admissions, including subdivisions or one numbered interrogatory or request for admission, shall be construed as separate interrogatories or requests for admissions. If counsel for a party believes that more than forty (40) interrogatories or requests for admissions are necessary, he shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional interrogatories or requests for admissions. Counsel are expected to comply with this requirement in good faith. In the event a written stipulation cannot be agreed upon, the party seeking to submit additional interrogatories or requests for admissions shall file a motion with the court showing the necessity for relief. Adopted August 8, 1985, effective September 30, 1985. 36 eXIIIDI'1' "D" . . I . On this 3.Atl hereby certify that .. ,~,~~,,')>'~::~:-,,;.'!;:r~~!,i'_\:~!~'~~""'''_i~ . .. .. . .. . CBRTIPICATB OP SBRVICB day of ()~ I served the foregoing 1996, I , document on the following by depositing a true and correct copy in the United states Mail, postage prepaid, addressed to: Samuel L. Andes, Esquire P. O. Box 168 Lemoyne, PA 17043 ~\..l~.r..c.r KILLIAN & GEPHART a ey A. c utjer, Esquire Attorney 1.0. # 75954 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 >: 0'\ ;- u, 0 ~ r,~ .:. ~I~ ~c - ..~~ B:~ ;-::: ...I~ '"- ~~ d;-' i;:n { - . " '~... " . I ..:(..; 1"- lib t:: ~: "'" c:... ;Jo.. F: ...::; ::OJ L'- ,n U {,..;'I U . . . . . . , .. . .-"-',"::-,< ....!i>..;,;';.-......;t.;<,"';",~. ......,. f,'iI.-,: '. ~- . \ ., ~ v. I IN TBB COURT or COMMON PLBAB or I c:tJMBERLAND COUNTY, PBNHSYLVAHIA : : No. 95 - 6612 civil Te~ : : CIVIL ACTION - LAW : IN DIVORCE JBrPRBY L. WALTERS, Plaintiff TIrrANY D. WALTERS, Defendant RULE TO SHOW CAUSE AND NOW, this :z 0 1~ day of ML1 , 1996, a Rule is hereby issued upon the Defendant to show cause why Plaintiff's Petition for Special Relief should not be granted and the Defendant ordered to place her portion of the proceeds from the sale of the real property located at 1803 North 2nd Street, Harrisburg, Pennsylvania, in an escrow account until the issue of equitable distribution is resolved. Rule returnable ::1.0 days after service. BY THE COURT: J. ee: Bradley A. Schutjer, Esquire l'...~.... ~ 5/;'1/.". Samuel L. Andes, Esquire - II ,b.-f. .. -, I , , ; ~.- . -... -~ >~ . NOW, this day of , 1996, upon --'- .-.-.. .. v. I IN TUB COURT OF COMMON PLIAS or I cmmBRLAND COUNTY, PENNSYLVANIA : : No. 95 - 6612 Civil Term : : CIVIL ACTION - LAW : IN DIVORCB JBFFUY L. WALTBRS, Plaintiff TIFFANY D. WALTERS, Defendlll1t ORDER consideration of the attached petition for Special Relief, the Defendant is ordered to deposit her portion of the proceeds from the sale of the real property located at 1803 North 2nd Street, Harrisburg, Pennsylvania, in an escrow account until the issue of equitable distribution is resolved. J. cc: Bradley A. Schutjer, Esquire Samuel L. Andes, Esquire Ie. ._~ " . ^-"","'~~.'-.~:'=:!r'7~;."" - ,~', "_"'<;"~,,J-<',., ": ,:., <",' '-- ' v. : IN THB COURT 01' COMMON PLBAS 01' I CUMBBRLAND COtlNTY, PBNNSYLVAHIA : : No. 9S - 6612 C1v11 Ter.m I : CIVIL ACTION - LAW : IN DIVORCB JBFJ'RBY L. WALTERS, pldnt1U TIFFANY D. WALTERS, Defendant PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1920.43 AND NOW COMES Plaintiff, Jeffrey L, Walters, by and through his attorneys, Killian & Gephart, and in support of his Petition for Special Relief, avers the following: 1. Plaintiff, Jeffrey L. Walters, filed an Action in Divorce on November 20, 1995, naming Tiffany D. Walters as Defendant. 2. The Divorce Complaint requests that this Court dissolve the marriage and equitably distribute the marital property. 3. During the marriage, the parties purchased an investment property with a group of friends located at 1803 North 2nd Street, Harrisburg, Pennsylvania, which property was titled solely in the Defendant's name. 4. It was the parties' intention that the Plaintiff would assist in the renovation of the property and that the property would be later sold at a profit. 5. It is the Plaintiff's belief and understanding that an agreement has been reached to sell the subject property. .-.-. ....._'....;,~ ';''';;':.-""w..,'''''<'.''''"'''':'_'''',; ; 6. The Plaintiff believes that, since it was purchased during the course of the marriage, the property would be subject to equitable distribution. 7. Since the marital estate is small, the subject property is a significant percentage of the total value of the marital estate. 8. Given that the property is titled in the Defendant's name, the plaintiff has no control over the distribution of the profits from the sale of the subject property. 9. It is the Plaintiff's belief that the situation, as described above, poses a significant threat that marital property, in the form of the profits from the subject sale, will be improperly distributed and wasted. 10. The Plaintiff has requested that the Defendant voluntarily place these proceeds in an escrow account, but said request has been ignored. 11. The Plaintiff believes that the foregoing would entitle him to relief in the form of an order directing the Defendant to place her proceeds from any sale of the subject property in an escrow account until the issue of equitable distribution is settled. 12. A copy of this motion was forwarded to Counsel for Defendant on May 10, 1996. WHEREFORE, Plaintiff, Jeffrey L, Walters, respectfully requests that the Defendant be directed to place her portion of any - 2 - ". ,,", (_""\,;",,,,,:'iA~'i;~":;'".''~'';<r',''_'d''''''''' .__;. )'_"_,.".~"~,,, ...._...;..1-".; .. ..~"-,.,:.-::":~-,,,":~,",:;':"'.' ~........ ...- ;,'--'~-" -' ~: ...,. ,'-'-".,'- ...,-',~' .~"".,'.' ......-, """--""7'" - . -:.",,! _...~_._:, ,"'_"""''''-''''1'''-.".,~...' .0 proceeds from the sale of the marital property located at 1803 North 2nd Street, Harrisburg, Pennsylvania, in an escrow account until the issue of equitable distribution is resolved. Respectfully submitted. KILLIAN " GBPBA1lT dl A. S jer, Esquire Attorney I.. 75954 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Attorneys for Plaintiff Dated: May 14, 1996 - 3 - "0->"" ~.'~~ t-:"~>_""~f;~:'~>'.a'~-:...-.o:-- .. ~ ",:,'_;-.:. _-,~_: -""-, 'I' .....'Ie VIJ1llfP~~ATION I hereby verify ehat ehe staeementll of hell; mad. in the foregoing ~ocument are true and correct to the b..t of my knowledie, information an~ belief. I understand that any false statement. therein are subject to the pen.lti.. contained in 18 pa.C.S.A. 54904, relating to unllworn falsification to authorities. Dated: ""..IWU_w:a ... ~"'T"""T't IJtot~:!t %, 0t ....1:!W ',":"'t~. "~." _-:,.~:,,,_::"""""",~c''''''l-',,,__,,,"'':,if t.AJ;;;""'""~;'-;"-;"''''''''''''<''' ...."'>-..0_ . ..,_"."."..",.~~!#il'~_~..A .;. ~lrtli -,~""., ,.,...,.,. . ._-- CBRTIPICATB OP SBRVICB On this 14th day of May, 1996, I hereby certify that I served the foregoing document on the following by depositing a true and correct copy in the united States Mail, postage prepaid, addressed to: samuel L. Andes, Esquire P. O. Box 168 Lemoyne, PA 17043 KILLIAN & GEPHART 17108-0886 '- a\ ";-;- ,,- c . , ~ .' .. ,~ ~~? .or - -- ),".". f;:' ' -- ~;: ~.. c'_ . u" ~ .:.J <.j'., .....,.. 6;' _'r :'::l W'- :~.- fj"'U' >- :!~ .., "~l: , ,l~ I'" ",- .' u_ U") :5 U (;> U .