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Home My WebLink About95-07147 .. t/) .QI - ex -;1 ~ J - r ',,\-' ,.' ,-~ '. ": '~.;;---:~:7r ~;:{J~i '0 -_ ':", .~- -;' .: -, ~,~ ~ .'."' 0,",\.' .. ;',::;:~;f/ '-;'\'" . ,'" -<;y;",.:,'":' ,,,,,-"','1- - -,~,' ," \ .,.', , . . *--------------*----~~~-----~-~ ~ - . ;. ,.. ~ $ e 8 $ ~ " ~ $ e ~ w ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '*' PENNA. . .,...... .,Plaintiff.,.. .,.,. .,.... II II I " Nil. ......\l.?::.7J4.7... ................. .OMl..t\....IU.J;S. VCl'SlIS ~ W <:" .. llAAllAl!.\.S...,.RIES..... .Defendant.. ,i $ ~ " ... 8 " ... DECREE IN DIVORCE ~ ,; ~ , , 8 ~ e $ AND NOW, . . :1!'!'!'. . ... ...\ ~. ... .. .. .. " 19~?..., it is ordered and decreed that....., .... ~~.~:. ~~~~"..".,....,.,.,.....,....., plaintiff, and .,.,.." , . . , . , , . , . . ,I\~I\~ .~'. .~~~~ . , , . . . , . , , , . . . . . . . . , . ., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been roised of record in this action for which a final order has not yet been entered; W !="' .:i '=' $ ............. .... ... ...... .... .................. ...... ...................., ~ . ...... .... ................................ ............. '0' ~ ~ '.' ~ ^ ~ ~ : nYTh:, .YiJ~f~f?fv. ~. i: ~ Allesl: ~'<.:~~ E'~4-,4ill~_ J. :~ ~."g;;~(a. .K ~,J:],,-;t ,/ i; ~ .. T- -/Pfolhonotnry I'" ~ ______.....v .. _.~___.._. ._.._ .______.__ ....... . "..._v.. .....,. ....._... .., I~ ~~~~~~*~**~-~---------*~--~*-~. 8 8 8 8 @ 8 $ . 8 8 ~ ~ 8 8 M !~ $ 8 :; IjI 8 8 ~ ~ ~ .~ $ ~ .... w .... w ',' ;it ',' ~ ~ . ~'/f.f) M~ At~ '#~ v if';) /1~ ,1p~ ~ . . IN 1llE COORT OF CCM1Ctl PLEAS OF ClMBERLAND COONTY, PENNSYLVANIA DAN A. RIES Plaintiff NO. 95-7147 CIVIL 19 vs. BARBARA S. RIES 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 lc) lltkkxoa>*ll)(loftxtllu~JGlde. (Strike out inapplicable section) 2. Date and manner of service of the canplaint: by Sheriff of Cumberland County December 22. 1996 3. Canplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section May 30, 1997 3301 (c) of the Divorce Code: by the plaintiff by the defendant May 30, 1997 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 ld) of the Divorce Code: (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)ll)(i) of the Divorce Code ~~.:....~ ' William A. Duncan, Esquire ,...~~........-:~.. ''',' ' ~ ~ ?:; ~ == 8i I~' ~ ":)1::;; (: M .!i. lS-; - d l1<' z ill r- =5 ~ 15 :;; B DAN A. RIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW IN DIVORCE CIVIL TERM 1995-II/.fl Plaintiff vs. BARBARA S. RIES, Defendant 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, 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 Carlisle, PA 17013 (717) 240-6200 --...... ~.. ,. '~'..<'.7"< , " r DAN A. RIES, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. CIVIL CIVIL ACTION - LAW IN DIVORCE Plaintiff vs. BARBARA S. RIES, Defendant COMPLAINT IN DIVORCE The Plaintiff, DAN A. RIES, by his attorney, William A. Duncan, sets forth the following cause of action. 1. Plaintiff is DAN A. RIES, a sui juris individual who currently resides at 2551 Spring Road, Carlisle, CUmberland County, Pennsylvania 17013. 2. Defendant is BARBARA S. RIES, a sui juris individual who currently resides at 2551 Spring Road Carlisle, CUmberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married on August 4th, 1979 in Bath, New York. 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. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Date: ,1.1'1 , 1995 C William A. Duncan, Esquire Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss. I verify that the statements made in this Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification authorities. Date: \"'1. \ 14 , 1995 ., " , , ;1 /1 ,1.'1 " CD DAN A. RIES /1 V> . - -......" - , ,,,...,.'.~~-- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. CIVIL CIVIL ACTION - LAW IN DIVORCE DAN A. RIES, vs. BARBARA S. RIES, Defendant AFFIDAVIT DAN A. RIES, Plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I (~DO NOT) request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.4904 relating to unsworn falsification to authorities. ~SA~ NOTICE OF AVAILABILITY OF COUNSELING DAN A. RIES, Plaintiff vs. BARBARA S. RIES, Defendant IN DIVORCE To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of CUmberland County. This notice is to advise you that in accordance with Section 202(c) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue couneeling you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Lawrence E. Welker Prothonotary ..._,i'.....'~~~.f.;1f.):'t:.~ ~,,.. ..,....:c.;.." ,-'-' COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss. I verify that the statements made in this Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification authorities. Date: I Z.//4 , 1995 /IJ A t--"l, ~IES' . . . "'~"'.L,lt. . :.". " DAN A. RIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-7147 CIVIL TERM BARBARA S. RIES, Defendant . . IN DIVORCE ACCEPTANCE OF SERVICE I, BARBARA S. RIES, hereby accept service of the complaint in Divorce and acknowledge receipt of a certified copy thereof. Date: January J-, 1996 ~'tiJ..S.~ Barbara S. Ries WAYNB F. SHAIlB A_ola- 'IW..._..._ CulIaII, """",IYIIIiI 17011 ~ co ~ 8 :;-:!l: I~ - 8z - ~ ..: 0-" .....i::! ~ N ---fQ N ~-- u;-'" ff ::= IJJliJ < me.. -, :;j l5 t,.O en C,) \ WAYNI! F. SHADB A_ "lAw l3W..._",_ c.rtWe, "-llvlllil 17013 - ";.:/' DAN A. RIESf PlainUtt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. . . : NO. 95-7147 CIVIL TERM BARBARA S. RIES, Detendant . . IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant BARBARA S. RIES moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite (X) Distribution of Property ( ) support (X) counsel Fees (X) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested; 2. Defendant has appeared in the action by her attorney, Wayne F. Shade, Esquire; 3. The statutory grounds for divorce are irretrievable breakdown. 4. The action is contested with respect to all claims. 5. The action does not involve complex issues of law or fact; 6. The hearing is expected to take one day; and 7. Additional information, if any, relevant to the Motion: None. Date: February 6, 1997 ://flIIML. E~ L. WaynelF. Shade, EsqUYre supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant ~ (1\ ~ ...- .. ::),<<11' IR - '..1..... - o='i -I' a:: -)~ f.: C ,~ c'. .:r : .',i) u: N :12 UI c:> '-15 III r-= W ~a. ...... -~ u. r- a 0 CI\ I ..~--' . WAYIIB F. SHADE A_ II Law l3W...".,,,,_ Carliolo.-.,..... 11013 .. '-.~:' ,.., "-o:.~'''':.-'''_";''; .,:-"~'t":i'.'~~"_.'1;.,,. . .... "",'."" '7-:'._._;'r~_.;:,"", ....~/... . ".',. ORDER APPOINTING MASTER AND NOW, r~~ 2-( , 1997, E. Robert Elicker, II, Esquire, is app~inted Has~er with respect to the claims deeignated above as being at issue. By the Court, JJc~ r:' .~^-- /) {.J. Fllffi-OFFlCE O~ TLJ- ~"~1l "', "-, ny r :;"!~, ',-,,'~ 'i/~'l 97 FeR 20 All/O::17 CU'A...,~; " .., .,," l\.l..'_,......".v 1.-",..." f PENi\SYLV/iNiII . :w;.::',)",,,'F-r.,v;,,.,~?~,...,,,,,,,~...}"';: ",-, R!,..,_4"_._,..., DAN J. RIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 7147 CIVIL vs. BARBARA S. RIES, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~ day of JuAJ J 1997, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated May 30, 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, [Cf.'u:.k- cc: William A. Duncan Attorney for Plaintiff Wayne F. Shade Attorney for Defendant ~.., ~J.. 6/13/9'1. ..o~ ALED-OFF1CE 0:: '01(= P:::m-'''lNOTI\RY 97 JUH 12 PH 3: 20 . CUMbtl::L;,'i.; L:OlJflY PENNSYLVi\NlA PROPERTY SETTLEMENT AND SEPARATION AGREEMENT intn THIS AGREEMENT, made this ~ day ot May, 1997, at Carlisle, Cumberland countYf Pennsylvania, by and between BARBARA ~. RIES ot 905 West North street, Carlisle, Pennsylvania 17013 (hereinafter retersnced as "Wite") "AND DAN A. RIES ot 56 West South street, carlisle, Pennsylvania 17013 (hereinatter reterenced as "Husband"). ARTICLE I SEPARATION 1.01 separation ot Parties. Ditterences have arisen between the parties as a result ot which they have been livinq separately and apart since March 25, 1995. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart trom each other. It is the intention and purpose ot this Agreement to set forth the respective riqhts and duties of the parties while they continue to live apart trom each other and to settle all tinancial and property riqhts between them. ARTICLE IT ENFORCEABILITY AND CONSIDERATION 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory riqhts ot the parties and ~n a manner which conforms to the c~iteria set torth in 5401 ot the Pennsylvania Divorce Code, and takinq into account the followinq considerations: Any prior marriaqes ot the parties; the aqe, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insuranpe or other benefits; the , . contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is .not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2.02 Incorporation and Merger. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by -2- either Huaband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights shall not be modifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of ~he consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for prosecution to conclusion of the pending action for divorce. Nothing contained in .this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the .. Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, -3- for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. . ARTICLE ill EQUITABLE DMSION OF MARITAL PROPERTY: 3.01 Equitable Division of Personal Property. Ca) The furniture, household goods and other similar untitled personal property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The pr~perty shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, unless provided otherwise in this Agreement; Cb) After the distributions set forth in Article IV herein, the balance of the escrow fund shall be distributed to Wife. She shall also receive title to the Mercury Villager van, her -4- employee pension and the date of separation balance of her bank account. All other marital property would become the property of Husband; (c) The parties will execute and deliver any documents necessary to formally release their rights in or claims to the employee benefits~ including. without limitation, employee , pension, stock, profit sharing and savings plans, if any, of the other; and (d) The parties will execute and deliver any documents necessary to formally release their rights and all claims to the life ineurance of the other. ARTICLE IV DEBTS OF PARTIES 4.01 Loans. The sum of Eight Thousand Five ~undred Thirty- Five and 62/100 ($8,535.62) Dollars shall be distributed from the escrow fund to Herschel C. Ries in full payment of the loan for the Mercury Villager van. The sum of six Hundred Fourteen and 44/100 ($614.44) Dollars shall be distributed from the escrow fund to HUSband, and the sum of Four Thousand Three Hundred Forty and NO/100 ($3,340.00) Dollars shall be distributed from the escrow fund to Wife. Responsibility for the outstanding loan obligations of the parties is assigned, as follows. (a) Husband shall assume the following obligations in the following amounts: (1) GeRewards charge (2) Discover charge' $325.45 219.29 -5- (3) First USA charge 71.70 (b) Wife shall assume the following obligations in the fOllowing amounts: (1) Visa charge $4,000.00 (2) MasterCard 245.00 (3) Bon-Ton ~harg~ 95.00 4.02 post-separation Obligations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be responsible. Each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Article IV. ARTICLE V ALIMONY 5.01 Waiver. Each of the parties waives alimony generally. ARTICLE VI COUNSEL FEES 6.01 Present Pees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within thirty (30) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 6.02 COUDsel Pees After Divorce. The parties agre~ with respect to counsel fees incurred after the divorce, as follows: -6- . , Ca) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended ~t.the then hourly rate of counsel for the prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VII GENERAL PROVISIONS 7.01 Income Tax consequences. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or -7- assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 7.02 General Release of All Claims. Each party hereto releases the other f~om all plaims, liabilities, debts, Obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 7.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 7.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any juriSdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced; -8- . I' t Cb) to share in the other parties' estate in cases of intestacy; and (c) to act as executor or administrator of the other parties' estate. 7.05 No Debts and Indemnification. Each party represents and warrants to the other th~t he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not .well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 7.06 Pull Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this .. Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. -9- . ,. 7.07 Right to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any emp!oyment, profession, business or other . . activity as he or she may deem advisable for his or her sole use and benefit. . Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 7.08 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement vOluntarily after receiving the advice of independent counselor, having had the opportunity to do so, having decided not to do so; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and (e) Fully and completely understands each provision of this .. Agreement, both as to the subject matter and legal effect. -10- . ., . , ~. . 7.09 compliance. The parties will execute and deliver any documents necessary to formally conclude any of their Obligations under the terms of this Agreement to each other. 7.10 Default. If either party fails in the due performance of any of his or her material Obligations hereunder, the party not in default will have the. right to act against the other, at . . his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. 7.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 7.12 Successors and Assigns. In the event of the death of either party prior to the issuance of a Decree in Divorce, this Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms of this Agreement between the estate of the decedent and the surviving spouse as though the Decree had issued prior to the death. Except as otherwise expressly provided herein, this Agreement will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 7.13 Law Governing Agreement. This Agreement will be governed by and will be constrUed in accordance with the laws of -11- , ,. . , .,. . the Commonwealth of Pennsylvania in effect at the date of execution hereof. 7.14 condition Subsequent. This Agreement is expressly contingent upon conclusion of the pending action in Divorce within thirty (30) days from the date of this Agreement. In the absence of issuance of a full and final Decree in Divorce within that time, this Agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence of: ~1' .f~ ~ Barbara S. .s.~ R1es (SEAL) Dd2es.4 ~ (SEAL) -12- I .. I ... . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ~O ob day ) ) SS: ) of May, 1997, before me, the undersigned officer, personally appeared BARBARA S. RIES, known to me (or satiSfactorily proven) to be the person whose name is subscribed to the foregoing ~greement and acknowledged that she . . executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~- Notary "ii.4:aL PU 1c Notarial Seal Connie J. Trill. Notary Public Carlisle, Cumberland County My Commission Expll8s Oct. 5. 2000 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the 31) day of May, 1997, before me, the undersigned officer, personally appeared DAN A. RIBS, known to me (or satiSfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /l ~-l~ JJ";\0bL if~t~ PUblic ~ -13- NOI:"',11 StJJI Cynthl. L. Oarr. Notary Public South Mlddlelon Twp.. Cumbe,lond County My CommissIon E"plres Aug. 14,2000 u' . ",.,<-;;:.;.:. ;'_>l'f)il'i'.?>-",-..~\ . I .. I , ... III Dan A. Riel, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW V. : NO. 95-7147 CIVIL TERM BARBARA S. RIES, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 (C) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code with Notice of Availability of Counseling was tiled on December IS, 1995, and served on December 22,1995. 2. The marriage of Plein tiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of tiling the Complaint. 3. I consent to the entry of a Final Decree of divorce without notice. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. ..""t...-:,,"_'e'''~'?'!''r1:''''__.. t .. . '... . - .. " - . S. I understand that I will not be divorced until a Divorce Decree is entered by the Court and thet a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. I verifY thet the statements made in this Affidavit are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: s.. 30 9t.., , r21...~~. ~ ~:~ . ,~ :: i3~' ;z: 0':>9: Cl: >. n . . g ~ ~s~ iE :=: f:i OJ ::J ~., U. ., ~ ~-;:;; iL_. '. . .... . .. . .... , .. ~ . , .. .. ,,... . Dan A. Ria, Plalntl" : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW V. . . : NO. 95-7147 CIVIL TERM BARBARA S. RIES, Defendant : IN DIVORCE AFFIDA VlT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 (C) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF CUMBERLAND } 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code with Notice of Availability of Counseling was filed on December 15, 1995, and served on January 2, 1996. 2. The marriage ofPlaintilfand Defendant is irretrievably broken and ninety (90) days have elapsed from the date ofming the Complaint. 3. I consent to the entry of a Final Decree of divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. ., ..;,. ~..",.,o.;,~',- ,~..-',...,.,' . .. . ,,.. . . - S. 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. 6. I heve been advised of the availability ofmarriege counseling and of my right to counseling and understand thetl may request the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: May 30. 1997 tP.:..tA Ha 6 S. ~J!, Barbara~ Ries, Defendant b\r. S. . ~ In [:: C 7- .. ..) I~ - i::J!5: x: U~ ..: .~;:; ~ M ~~ ~ ::z:: :=l CD ~ :''2 ~ r- :::l 01 U .. . ~. . ..-. . ->;".\" DAN A. RIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-7147 CIVIL TERM v. BARBARA S. RIES, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~"""'" day of .:W~~ 1997, upon consideration of the within complaint, it is hereby directed that the parties and their respective counsel, if any, appear before r\.*'er-\. )(.6\\r~~)\rc..., the conciliator, at ~la:Jr (m{ercn((:' f(>ronllmlx"'rrr'd (0. f\i-, rCLr~IYl)c.,-e on\k0\~\()''''''''I_' ~, 1997, at g: ~ o'clock ~.M., for a pre-Hearing custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children aged five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. 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 WAnmF.SH~e OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. A_..1sN 53 Wnt PomI'rtt SImt C.rwle. Pmna)lvanil 1701l ;:"'! r.~ n"'t.,r'- 0'- . , . ',-.. . -', ''", ,.....,: \ I' I. .-, ,-, .,~-, 1 ' , ' ' r.' ~ '171,'1" ~, ,., r I, ) /.~ :';; (: ::: ! l .I:..~; ;. 3.~~4'] ~ ~):i:.''-i.Q(d~ #. WAYIlll P. SHADe A_"Uw 53 W... ....,'" _ CatIlaIo, .....,..- 17013 .,.-.............,:..-....."."';"'.",...ft.,......., , .~. . COURT ADMINISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-240-6200 For the court, ( By: custoCly william A. Duncan, Esquire ) Duncan & otto . ~. Attorneys for Plaintiff ~ lWJoKh( Wayne F. Shade, Esquire Attorney for Defendant J~tf/~) WAYNI! F. SHADE Aaorocy "lAw S] Welt PomIfd StftId c.rIioIc, -.,.1...1& 1701) DAN A. RIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-7147 CIVIL TERM IN DIVORCE v. BARBARA S. RIES, Defendant 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA 17013 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 Fourth Floor Cumberland County Courthouse CarliSle, Pennsylvania 17013 Telephone: (717) 240-6200 @~~ Wayn F. Shade, Esquire Attorney for Defendant WAYNB F. SHADB AIIllnl<7_'- 53 W.. ,.,.,... _ CuUaIo, ....,..... 17013 DAN A. RIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-7147 CIVIL TERM IN DIVORCE v. BARBARA S. RIES, Defendant ANSWER WITH COUNTERCLAIM ANSWER COUNT I 1. - 7. Admitted with the exception that both of the partie. have new addresses. Both new addresses are in the Borough of Carlisle. Defendant's new address is 905 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. WHEREFORE, Defendant demands judgment dissolving the marriage between the parties. COUNTERCLAIM COUNT II EQUITABLE DISTRIBUTION 8. The averments of Paragraphs 1 through 7 above inclusive are incorporated herein by reference as though fully set forth. 9. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by the Court. WAYNI! F. SHADB A_ II Low 53W.......,..._ CIrllIIc.r-qlvlllla 1701] WHEREFORE, Defendant demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. COUNT m ALIMONY AND ALIMONY PENDENTE LITE 10. The averments of Paragraphs 8 and 9 above inclusive are incorporated herein by reference as though fully set forth. WHEREFORE, Defendant demands judgment compelling Plaintiff to pay to Defendant alimony and alimony pendente lite. COUNT IV COUNSEL FEES, EXPENSES AND COSTS 11. The averments of Paragraphs 8 and 9 above inclusive are incorporated herein by reference as though fully set forth. WHLREFORE, Defendant demands judgment compelling Plaintiff to pay counsel fees, expenses and costs of Defendant. COUNT V CUSTODY 12. The averments of Paragraphs 8 and 9 above inclusive are incorporated herein by reference as though fully set forth. 13. Defendant seeks custody of the following children: Jonathan Daniel Ries, born June 6, 1981, and Kristen Priscilla Ries, born March 19, 1982. -2- WAYIIIl F. SHADE A_olUw SIW"'_"'_ CaIIIoIe.......,....... 17011 ,., ",,,.---,.,-,,.,.^ -""'.""'--"'''~ .... - '. ,-- .-,....~.'.'".~..,_'"._.L.. _ "_.'"... 14. The children were not born out of wedlock. 15. During the past five years, the children have resided with the parties at 255 spring Road, Carlisle, Cumberland County, Pennsylvania, until on or about April 19, 1996. Since that time, both children have continued to reside in Cumberland County, Pennsylvania, Jonathan with the father and Kristen with the mother. 16. The relationship of Plaintiff to the children is that of the father, and he currently resides only with Jonathan. 17. The relationship of Defendant to the children is that of the mother, and she currently resides only with Kristen. 18. Divorce proceedings are pending as above-captioned. 19. Defendant has not participated as a party or witness, or in any other capacity, in any other litigation concerning the custody of the children in this or any other Court. 20. Defendant has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth. -3- ~ c ~""-f"'O"-"., ';~;__':-,,~'~~-'G%"l,;c.;. " 21. Defendant does not know of a person not a party to these proceedings who has physical custody of the children or claims to 22. Defendant believes and therefore avers that it is the intention of Plaintiff to remove Jonathan from the Commonwealth of Pennsylvania to the state of Colorado. 23. The best interests and general welfare of the children will be served by granting the relief requested so that the children will not be removed from the only schools and other environments which they have ever known while they are adjusting to the difficulties of the dissolution of the marriage of their parents. WHEREFORE, Defendant requests a grant of primary physical custody with respect to the children. #~~ wayn F. Shade Attorney for Defendant WAYIIB P. SHADe A_"1Aw nw...,.,,,,_ CuIiIII, .....,...... 17013 -4- "^YNI! F. SHADe ^_"Uw . Weal Paml'rd Stn:d l.tide. I'mDIytvlDil 17013 --. --~--""-' I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. Date: March 14, 1997 ~I {J S. \;:&;..1 Barbara S. Ries ~~ ~ ~~ ~::t- ::t- ~J h: Lf) (;: '-oJ -.-Co 0 ~: 1- ~ :-.J..; to., ~;: {..:)t:.:.r '0 ...... ,-):'" l ~. .... Q \~r. u.. r" :.~.~ ~dC*J ~ ~n ~-:".0 f}' ..... -..g L.. - ..J~ 0:\" c:: ffi. '*" .:: ~: I~) .- ~ l-L. l- e> c;n u 1&.< OH ~~ ~. ... P<rJl ~ - zfa ~ ~ 0 I>Il ... Or.l ~3U)i ~P<. ~ o .... C3 ~ Ie i ~ u~3::l ll-I ..IJ ~ ra; i.e~ I&. :> ll-I l3~ o I H 'r! 0 ! ~ ~ I 0 U .IJ H'O U f-<U Z .s:: P::fij ~ 0.... rJl.r! is Cl H~r.l r.llll .ll-I O~ I:>~U :;l~ rJlal ~ U ....1>:: > Cl <'0 ~ 11'\:> P:: r.l ~O\H ~ ~ H Cl :>, Z HOZ . . .~ . " .,.,~ ~ . MAR 1 81997t:r . r-"f~..,.'I:'t"<jt,"i.ar"","i?:'i~~";'~:"'-'"",,- . WAYNEF. SHADE ATJ'ORNEV ATLAW S3 WI!ST POMPRET STREET CAIIIJlILI!, PENNSVLVANIA 17013 (717) 2434220 (100) 2434220 PAX (717) 249-G017 March 18, 1997 E. Robert Elicker, II, Esquire 9 North Hanover street Carlisle, Pennsylvania 17013 Re: Ries v. Ries No. 95-7147 Dear Bob: At the time that we filed our Motion for Appointment of Master, we had sent to our client an Answer with Counterclaim to raise the economic issues. When she did not return the documents immediately, it slipped our mind that we had not properly pleaded our economic claims. We have now filed the Answer with Counterclaim, and we enclose a copy for your c~nvenience. It will be some time before you receive the original because part of the Counterclaim is for custody. It will have to go through the process of the scheduling of a conciliation before the original will find its way to the file. When it does, we will be serving a copy upon Bill Duncan. We apologize for any inconvenience from this oversight. Very truly yours, t(/~t<<- wayn.( F. Shade WFs/ct Enclosure cc: William A. Duncan, Esquire WAYNE F. SHADE ADonIcy .1 Law Sl Wut Pomf'm SCmt Carlisk,l'aIDIylvlOla 1701] .,;c'-- - DAN A. RIES, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW . v. . . NO. 95-7147 CIVIL TERM BARBARA S. RIES, . . Defendant IN DIVORCE WIFE'S PRE- TRIAL STATEMENT PURSUANT TO PA.R.C.P. 1920.33 I. MARITAL ASSETS Wife lists the fOllowing marital assets with the following values: A. The household contents have been divided in kind to the mutual satisfaction of the parties. B. Net proceeds of sale of the marital dwelling $45,000 C. Date of separation present value of Husband's Reeves-Hoffman pension D. Date of separation present value of Wife's employee pension E. Rubbermaid stock F. Husband's Meridian IRA G. Husband's Meridian IRA H. Husband's Vanguard IRA I. Husband's and joint bank account balances J. Wife's bank account balance K. 1994 Mercury Villager L. 1984 Dodge Rampage M. 1982 Yamaha motorcycle N. 1983 Chevrolet citation TOTAL 6,400 2,800 1,000 20,700 1,100 7,500 900 900 9,000 1,500 900 2M $97,900 n. NON-MARITAL ASSETS Neither party has any non-marital assets which are of siqnificant value to have any bearinq upon resolution of the economic issues in the case. m. EXPERT WITNESSES Wife reserves the right to present testimony of representatives of Pension Appraisers, Inc. concerning the value of Husband's employee pension. IV. NON-EXPERT WITNESSES A. Wife does not expect to present the testimony of any non-expert witnesses other than herself. B. Wife reserves the riqht to call real estate experts concerning the market value and fair rental value of the marital real estate. C. Wife reserves the riqht to call an appraiser of the value of Husband's marital firearms. V. EXHIBITS Wife reserves the riqht to introduce any of the following exhibits at trial: WAYIffi F. SHADn A_ .. \60< l)W",.....,,,,_ Carllole.l'aIouyl..ola 17013 A. Appraisal report of the present value of Husband's employee pension. B. Letter to steven J. Krebs, M.D., of May 22, 1996, establishinq the date of separation value of Wife's employee profit sharinq plan. C. Documentation of the book value of the 1994 Mercury Villager van. -2- D. Date of separation and date of trial balances of Husband's deposit and tax-deferred accounts. E. Date of separation and date of trial balances of her revolving charqe accounts. F. Date of trial book value of the 1994 Mercury Villaqer. VI. INCOME Husband's net monthly income is $2,270, and Wife's net monthly income is $1,300. VII. EXPENSES Wife's Expense statement is attached hereto. vm. PENSION The pension and similar benefits of the parties are listed above under marital property. IX. MARITAL DEBTS Wife lists the following marital debts: A. Herschel C. Ries Unknown B. Wife's Visa credit card $4,000 245 C. Wife's MasterCard D. Wife's Bon-Ton charge 95 X. PROPOSED RESOLUTION The evidence will show that the balances on Barbara's credit accounts are marital debts as being incurred for family expenses. Wife is contributing to the reduction in the obligation to Husband's father in terms of the express reduction in the support WAYNI! F. SHADB A_ ..I.... order. Sl Wed Pomtm. Slmt CarUoIe. Pmluylv.... 170ll -3- WAYNn F. SHADI! Aaomcy at Law '3 Weal PomI'rd Strtd CuUde. Pmnoylv.... 170\3 It is undisputed that Husband's earnings are nearly twice as great as Wife's, and there is no reasonable prospect for this to chanqe. In addition, Wife will have to purchase health insurance after the divorce at an expense of more than $400 per year. Under these facts, we contend that Wife should receive no less than 65' of marital property in equitable distribution plus alimony. Husband is 42 years of age, and Wife is forty years of aqe. Since the separation, Husband's earninqs after taxes have exceeded those of Wife by $24,000. Over the next twenty-five years, Husband's after tax earninqs will exceed Wife's by more than a quarter of a million dollars. with approximately $83,000 of marital property, each five percent is worth approximately $4,000. This represents approximately four months of the excess of Husband's after tax earnings over those of Wife. The extra 15' over half would represent approximately a year of the excess of Husband's after tax earninqs over those of Wife. Also, Husband's ultimate pension benefits will be much qreater than Wife'S. We would sugqest that all marital debt including Wife'S marital credit accounts be paid from the funds in escrow. This would leave approximately $30,000 in cash. If the cash, the Mercury villager and Wife's employee pension account were distributed to Wife, we would need only approximately $11,000 from Husband's tax deferred accounts to complete the distribution. We could achieve that from a simple rollover from his Meridian IRA. -4- WAYNI! F. SHADI! AItclmq at lAw 5] Welt I'oalI'm SWd c.ruak, """'lvaala .7013 XI. REQUESTED STIPULATIONS The date of separation present value of Husband's employee pension was $6,400. XII. TIME NECESSARY This case should be able to be tried in one day. XIII. STATUS OF SETTLEMENT NEGOTIATIONS Wife has made detailed written settlement demands to Husband, but he has not responded in any respect. This is certainly a case which should have been settled long ago. If Husband persists in refusing to address a reasonable resolution of this case, economic justice will require that he pay Wife's counsel fees. XIV. MISCELLANEOUS We will need the date of trial balance of the loan from Herschel C. Ries. Date: April 2, 1997 Respectfully SUbmitted, wa~~sa~~ire Supreme Court I.D. #15712 53 West Pomfret street carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant -5- EXPENSES Household child Household Child Week Week Month Month HOME - Rent 150.00 75.00 Maintenance Utilitios (tolephone, 150.00 75.00 heating, electric, etc.) EMPLOYMENT - (transportation, 125.00 50.00 lunches) TAXES - Real Estate 100.00 50.00 Personal Property Income INSURANCE - Homeowners 16.00' 8.00 Automobile 35.00 17.50 Life/Accident/Health 10.00 Other AUTOMOBILE - (payments, fuel, 100.00 50.00 repairs) MEDICAL - Doctor, Dentist 10.00 50.00 Hospital Special (glasses, braces, 25.00 12.50 etc) EDUCATION - Private, parochial College PERSONAL - Clothing 100.00 50.00 Food 260.00 130.00 other (h~usehold supplies, 100.00 25.00 barber, etc. ) Credit payments and loans 150.00 75.00 MISCELLANEOUS - Household help/child care Entertainment (inc. papers, 100.00 40.00 books, vacation, pay TV, etc.) Gifts/Charitable 135.00 contributions Legal Fees 200.00 50.00 Other child support/alimony payments OTHER Piano lessons 32.00 TOTAL EXPENSES 1,766.00 790.00 1\ . PENSION APPRAISERS INC. ".0, Ilox 4:19fl · AIII'lIloWII. I'A \lllna-439(1 1-/101I-447-()1I84. JInx Cllll-77()-9:\42 E-~IAII.: 1ll'lIl1J1J1@JllmMlolIllJlJlrnIKI'rM.COIII WWW: 111111:llw,\\,W.IICIIKIOIlIIlll'rnIKI'rK.COIII June 7, 1996 Wayne F. Shade, Esq. 53 West Pomfret Street Carlisle, Pennsylvania 17013 , ... RE: Present Value of Mr. Rles' Defined PensIon Benefit File No. 06-96-29-1160B Dear Attorney Shade: We have determined the present value of Mr. Rles' defined pension benefit by the PBGC Actuarial and Mortality Table Method as of June 7,1996 to be $6,383.65. This calculation was derived from the following data: . " 'i 'I j BIRTH DATE: September 6,1954 SEX: Male MARRIAGE DATE: August 4,1979 VALUATION DATE: June 7,1996 .. " PENSION PLAN: Reeves-Hoffman . .' DATE EMPLOYMENT STARTED: Alter Marriage Date (Assumed date pension holder began participation In the plan) DATE BENEFITS STOPPED ACCRUING: April 3, 1995 (Assumed date pension holder ended participation in the plan) ASSUMED DATE MARRIAGE ENDED: April 3, 1995 AGE WHEN BENEFITS COMMENCE: 65 Years I , "Valuators of Defined Pension Benefits for Equitable Distribution" PBGC Actuarial and Mortaliiy Tables Method June 7,1996 Mr, Ries - 06.96.29.1160B Page 2 MORTALITY TABLES AND INTEREST RATES: Mortality Tables (1983 Group Annuity Mortality Tables), Interest Rates and Factors used by the Pension Benefit Guaranty Corporallon to determine the present value of annuities for single-employer plans. INTEREST RATE ASSUMPTIONS: Table II - Annuity Rates Rates: '1 = 6.20 %,12 = 4.75 % and i3 = 4.75 % ASSUMED MONTHLY BENEFIT: $217.01 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon compensation and plan provisions as of April 3, 1995. REDUCTION FOR NON-VESTING: 1.0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 1.0000 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction represents the total period of time the pension holder participated In the plan during the marriage and the denominator Is the total period the pension holder participated in the benefits program. PRESENT VALUE BEFORE REDUCTIONS: $ . 6,383.65 Reduction for Non-vesting: Reduction for Marital Coverture: x 1.0000 x 1.0000 VALUATION FOR EQUITABLE DISTRIBUTION: $ 6,383.65 \j~ ~~ ""en Z~ :2: O~ i>:: i"" ~ 8~'j::} l<< > o I H o U !jUZ ... 01' ~t:lH~~ O~E-<.-lU U U r.", <'0 !::l~...:l~;:; E:::~H t:l >. Z HOZ lIol lIol ..... .j.J .s:: en..... ~l'Il :;l~ t ~ E-l en ~ I l:l "" '" ~ iii .~ l~ i : '< I ~ . ~ ~ ~ I ~ ! I j ~ ... on ..j.J ens:: ~l'Il H'tl ~~ .lIol . en Gl > t:l en . ~ ~. . ._.c-." : . /1-.2-117 ;l! Dan A. Rles, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW V. NO. 95-7147 CIVIL TERM BARBARA S. RlES, Defendant IN DIVORCE HUSBAND'S PRE-TRIAL STATEMENT PURSUANT TO PA.R.C.P.1920.33 1. MARITAL ASSETS E. Rubbermald stock Husband lists tbe following marital assets wltb tbe following values: A. Tbe bousebold contents bave not been divided In kind to tbe mutual satisfaction oftbe parties and bave been taken by Wire. Husband values same at $6,000.00 B. Net proceeds of sale of tbe marital dwelling 45,000.00 C. As ortbe Date oheparatlon Husband's Reeves Hoffman pension had no casb value. 0.00 D. Date oheparatlon value of Wife's employee pension 2,800.00 1,027.36 F. Husband's Meridian IRA 16,600.00 G. Husband's Meridian IRA 44.97 H. Husband's Vanguard IRA 6731.49 I. Husband's Dnd Joint bank Dccount balances 534.19 J. Wife's bank Dccount balances 900.00 K. 1994 Mercury Villager 16,500.00 L. 1984 Dodge Rampage 1,500.00 II. M. 1982 Yamaha Motorcycle N. 1983 Chevrolet Citation TOTAL NON-MARITAL ASSETS 900.00 200.00 597,838.01 Wife has tbe potential of acquiring non-marital assets wblcb are of sign Incant value and sbould bave a bearing upon resolution oftbe economic Issues In tbe ease. III. EXPERT WITNESSES Husband reserves the right to present testimony concerning the value of Husband's employee pension and any witness or testimony necessary to contradict the Wife's experts. IV. NON-EXPERT WITNESSES A. Husband expects to present tbe testimony of himself. B. Husband reserves the right to call real estate experts concerning tbe market value and fair rental value of tbe marital real estate. C. Husband reserves the right to call an appraiser of the value of personal pro pert)' removed from tbe marital dwelling by Wife and retained for her use. V. EXHIBITS Husband reserves tbe right to Introduce any oftbe following exhibits at trial: A. Appraisal report of the present value of Husband's employee pension. B. A videotape showing the personal property at the marital dwelling prior to separation. C. Documentation of tbe value of the 1994 Mercury VIllager van. D. Dale of separallon balances of lIusband's deposll and lax-defcrred accounls. E. Dale of separation balances of ber revolving cbarge accounts. F. Dale of separallon hook value of lbe 1994 Mercury Villager. VI. INCOME Husband's net monlbly Income Is 52,270, and Wife's nel monlbly Income Is 51,300, subject to verlficallon. VII. EXPENSFS Husband's Expense Slatement Is attacbed bereto. VIII. PENSION Tbe pension and similar benents of tbe parties are listed above under marital property. IX. MARITAL DEBTS Husband IIsls the following marllal debts as of tbe separallon date: A. Herscbel C. Rles B. Wife's Visa Credit Card C. Wife's Mastercard D. Wife's Bon-Ton Charge E. Husband's GeRewards Charge F. Husband's Discover Card G. Husband's Flrsl USA Card 516,240.30 unknown unknown unknown 325.45 219.29 71.70 X. PROPOSED RESOLUTION The evidence will nol show Ihallhe balances IIsled by Wife as 10 credit accounts are marital debts as being Incurred for family expenses. Wblle Husband's earnings arc currently greater than Wife's, And there Is a reasonable prospect for tbls to cbange. Wife bas a college degree And more education tban Husband. She has unrealized earning potentlat to wblch she may avail berself. Under tbe facts, we contend tbat Husband & Wife should share equally In the division of tbe marital property In equitable distribution. Wife bas a reasonable expectation to Inbelrlt substantial sums of money and Is known to be tbe beneficiary of tbe Colburn Trust, an asset tbrough ber family. We would suggest tbat tbe escrow aceount stemming from the sale of the marital realty would be divided equally after tbe tbe Mercury Villager obligation bas been paid In full. Wife would receive tbe Villager and tbe bousebold goods sbe removed from tbe marital dwelling. Each party would retain their sole pension accounts and retirement funds free of the other's claims. No alimony or counsel fees are appropriate due to tbe equal future earning capacity of tbe parties. XI. REQUESTED STIPULATIONS Tbe date ortbe separation present value of Husband's employee pension was S.OO. XII. TIME NECESSARY Tbls case should be able to be tried In one day. XIII. STATUS OF SETTLEMENT NEGOTIATIONS Wife has made detailed written settlement demands to Husband, but he bas not responded In any respect as same were totally unreasonable. This 15 certainly a case wblch should have been settled long ago. XIV. MISCELLANEOUS We will Deed the dale oflrlal balaoce oflhe loan from Henehel C. Rles. Dated: '--\. [1 ( 'l ( Respectfully submitted, \;\A ~h~~ William A. Duocao, Esquire Supreme Court I.D. # 22080 llrvloe Row Carlisle, Pennsylvania 17013 Telephone: 717-249-7780 Attorney for the Plaintiff Utilitiea (telephone, heating, electrio, eto.) EHPLOrKENT - (tranaportation, lunchea) TAXES - Real Eatate peraonal Property Income INSURANCE - Homeowner. AutOlllOblle Lite/Accident/Health Other R~n:.."'Yl. AUTOMOBILE - (payment., tuel, repaira) MEDICAL - Doctor, Denti.t Hoapital special (gla..e., brae.., etc) EDUCATION - private, parochial college. PERSONAL - Clothing Food other (hou.ehold eupplie., :>arber, etc.) Credit payment. end loan. IISCELLANEOUS - Rou.ehold le1p/chlld care Entertainment (inc. paper., ,ooks, vacation, pay TV, etc.) aitta/Charitable :ontribution. Legal Fee. other child .upport/a11mony ,ayment. THER Piano le..on. OTAL EXPENSES Household. Week 'Chila Household Week Month b'."5"t:' \~ ~~O 8\'\ k Sf:. (j't 'Z..D ( 7S .,1k.... \~a~ \'5 4.0 > "6 (" '" baa z...~ 2.:~o f~ .'5b Chlld Month .... ..qD -3SS6~"/ ~~f. ~ - Dated: tiC? (q 7 Will am . 0 an, squire Supreme Court 1.0. # 22080 1 Irvine Row Carlisle, Pennsylvania 17013 Telephone: 717-249-7780 c~ CERTIFICATE OF SERVICE I, William A. Duncan, Esquire, do hereby certify that I have served a true and correct copy of the Pre-Trial Statement, by First Class United States Mall, postage prepaid In Carlisle, Pennsylvania, 17013, the date set forth below: Wayne F. Shade, Esquire S3 West Pomfret Street Carlisle, PA 17013 Attorney for the Plaintiff DAN A. RIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VB. BARBARA S. RIES, Defendant NO. 95-7147 CIVIL 19 IN DIVORCE STATUS SHEET DATE: ACTIVITIES: _ _ ~ -.4> /. J InJi. -{. {to'AA.~,t! tull;<...,..-/, CftJ.AM' 'U~ vi ,1,;..j'":/y,'J..b ~ ,., '. .. ~((? A..A~wtf..-u-~.u.'nt"'''''''A,U... ~ . . I. t Rt.,- ,4v..u 'zt:-- 4"l ....A IY\- .. .. , - - ~ 97t 3 If. ' 9 ',lJ _~t........i -~,((<fp 1.h~-ot ...... e\.f""'Lw",~.:t clAfl,( t(" (1 a1'/1. ,.....,,~ ~~li.. ...... ~ .... OFFICE OF DIVORCE MASTER CUMBERLANO COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 .. Robert Illcker, II Divorce Maater Tract 010 Colver Office ManagerlAeporter We.' Shore 697-0371 Ext.6535 March 4, 1997 William A. Ducan, Esquire DUNCAN' OTTO, P.C. One Irvine Row Carlisle, PA 17013 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 RE: Dan A. Ries vs. Barbara S. Ries No. 95 - 7147 civil In Divorce Dear Mr. Duncan and Mr. Shade: By order of Court of President Judge Harold E. Sheely dated February 28, 1997, the full-time Master has been appointed in the above referenced divorce proceeding. A divorce complaint was filed on December 14, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims have been raised in the complaint. The motion for appointment of Master indicates that claims of alimony, alimony pendente lite, distribution of property, counsel fees and costs and expenses are at issue. However, no economic issues have been raised in the action and I, therefore, will not proceed with the directive to file pre-trial statements. If counsel intend to file economic claims, I will allow counsel two weeks to file whatever claims they wish to raise in the action and if none are raised within two weeks I will vacate my appointment. I assume that grounds for divorce are not an issue and that the parties will execute affidavits of consent so that the E. Robert Elicker, II Divorce Master " , . v Hr. Ducan and Hr. Shade, Attorneys at Law 4 March 1997 Page 2 divorce can be concluded under section 3301(C) of the Domestic Relations Code. Very truly yours, ":":.../' ",:"",,--:.,> '_T,""__'__.'.,,'_.'" '''',---,' '.."'. OFFIC. OF DIVORC. MASUR CUM8ERLANO COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Cartlsle, PA 17013 (717) 240-6535 w... .boN 697.0371 Ext. 6535 L Robert _Uck.r, II Divorce Mut.r Trac:1 .10 Colr.r 0IfIce M~ICl.rlReporI.r March 19, 1997 William A. Duncan, Esquire DUNCAN & OTTO One Irvine Row Carlisle, PA 17013 RE: Dan A. Ries vs. Barbara S. Ries No. 95 - 7147 Civil In Divorce Wayne F. Shade, Esquire S3 West Pomfret street carliSle, PA 17013 Dear Hr. Duncan and Mr. Shade: I am writing in response to Mr. Shade's letter of March 18, 1997, advising that a counterclaim was filed raising economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. consequently, I am issuing a directive to counsel to file pre-trial statements in accordance with P.R.C.P. 1920.33(b) on or before Monday, April 7, 1997. Upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference with counsel to 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. ....___..._ _.."""....-...~.A...._.__ DAN A. RIES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. BARBARA S. RIES, Defendant NO. 96 - 7147 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: William A. Duncan Wayne F. Shade , 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 2nd day of May, 1997, 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: 4/9/97 E. Robert Elicker, II Divorce Master DAN A. RIES, . IN THE COURT OF COMMON PLEAS OF . . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . vs. CIVIL ACTION - LAW . NO. 95-7147 CIVIL 19 . BARBARA S. RIES, . . Defendant . IN DIVORCE . ORDER AND NOTICE SETTING HEARING To: Dan A. Ries William A. Duncan 8arbara S. Ries Wayne F. Shade , Plaintiff , Counsel for Plaintiff , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street Carlisle, Pennsylvania, on the 9th day of September , 1997, at 9:00 a.m, at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, ~a" It J \S . Harold E. Sheely, JUdge Date of Order and Notice: ~/'/q7 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor, East Wing Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 DAN A. RIES, plaintiff vs. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 7147 CIVIL BARBARA S. RIES, Defendant . . IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Friday, May 2, 1997 Present for the plaintiff, Dan A. Ries is attorney, William A. Duncan, and present for the Defendant, Barbara S. Ries, is attorney wayne F. Shade. A divorce complaint was filed on December 14, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel for husband has indicated that he is not certain that his client will sign a consent so Mr. Shade, on behalf of wife, may file an affidavit under section 3301(d) averring that the parties have been separated for a period in excess of two years. However, Mr. Duncan is going to let Mr. Shade know within the next two weeks as to whether or not his client will provide an affidavit of consent. On March 17, 1997, the Defendant raised the economic issues of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. Counsel have advised that there is no issue with respect to marital misconduct with regard to wife's alimony claim. The parties.were married on August 4, 1979, and separated on March 25, 1995. They are the natural parents of two children, Jonathan D. Ries, born June 6, 1981, and Kristen P. Ries, born March 19, 1982. Husband is currently paying spousal support in the amount of $146.00 per month and child support in the amount of $123.00 per month. The son born of the marriage lives with husband and the daughter born of the marriage lives with wife. Husband is 42 years of age and resides at 56 West South street, Carlisle, Pennsylvania. He has an associates degree and is currently working for Tuckey Mechanical Services as a mechanical analyst. The income he recently reported at a support conference in the Cumberland County Domestic Relations Office is $2,374.00 net monthly. Husband has not raised any health issues. Wife is 40 years of ago and resides at 905 West North street, Carlisle, Pennsylvania. She has a bachelor's degree in social work. She is currently working as a medical assistant at the Carlisle Pediatrics and her net monthly income as reported at the Cumberland County Domestic Relations Office support conference is $1,538.00. Mr. Duncan has indicated that there is an issue about wife's earning potential and he may decide to have her evaluated by a vocational expert. He is directed to share any results from such an evaluation with Mr. Shade as soon as the report is received. Wife has not raised any health issues. Husband has a pension, which Mr. Shade has valued at $6,383.65. Husband apparently does not agree with that value and shall provide Mr. Shade with a statement as to the value according to his expert or his own computation. wife's pension Mr. Shade has valued at $2,800.00 which represents a date of separation value. That value will have to be increased to the date of hearing without considering any postseparation contributions. The marital real estate was sold and the escrow fund as of March 14, 1997, was $45,743.90. From that account the parties have agreed to pay a loan to Herschel C. Ries to pay off the 1994 Mercury Voyager. The payoff will be around $8,600.00 leaving a balance in the escrow account of around $37,500.00. with respect to the 1994 Mercury Voyager counsel have been unable at this time to come to an agreement as to the value. Mr. Shade is going to attempt to develop a value based on the wholesale and retail book values and provide his computation to Mr. Duncan to see if the parties can agree as to the value on the Voyager. with respect to the 1984 Dodge Rampage, the 1982 motorcycle, and the 1983 Chevrolet citation, the parties have agreed to the values. The Rampage is valued at $1,500.00, the motorcycle at $900.00, and the Citation at $200.00. Each of the parties have received certain items of household tangible personal property; however, there is no agreement with respect to the value of the property that each party has received and counsel are going to employ the services of Bill Rowe to do an appraisal of the household tangible personal property. Husband sold the Rubbermaid stock and according to Mr. Shade husband received the proceeds in the amount of $1,026.36. Husband has some lRAs with Meridian and Vanguard and although counsel have not come to an agreement as to the value of the IRAs, Mr. Duncan is going to provide Mr. Shade with the date of hearing statement on the IRAs to see if we can come to an agreement as to the value of those IRAs for purposes of distribution. Mr. Shade has placed values on the IRAs in his pre-trial statement which are substantially different than the values that Mr. Duncan has placed on the accounts. Therefore, the current statements from Meridian (Corestates) and Vanguard will help us arrive at the values. Husband's joint bank account has been valued by wife at $900.00, and by husband at $534.19. Wife's bank account has been valued by both parties at $900.00. Husband's marital debts have been listed on his pre-trial statement as GeRewards, Discover, and First USA. Husband has been paying his accounts. Wife's debts have been listed on her pre-trial statement as VISA, MasterCard, and Bon-Ton and she has been paying those accounts. There may be some dispute as to what portion of these accounts represent marital debt. In any event, counsel are going to provide the statement of the creditors showing the date of separation balances so we can apply any credits which either of the parties may be due on account of payment of marital debt. A hearing is scheduled for Tuesday, September 9, 1997, at 9:00 a.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master cc: William A. Duncan Attorney for Plaintiff Wayne F. Shade Attorney for Defendant . ... .. ~UN 1 9 1997 DAN A. RIES, Plaintiff V I IN THE COURT OF COMMON PLEAS OF ICUMBERLAND COUN'J'Y, PENNSYLVANIA I ICIVIL ACTION - LAW I INOI 95-7147 CIVIL TERM I IN CUS'l'ODY BARBARA S. RIES, Defendant COURT ORDER AND NOW, this 2.~ ti. day of June, 1997, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows I 1. Neither parent shall remove either minor child who are the subject of this custody action from the Conunonwealth of Pennsylvania for residential purposes without written permission of the other parent or Order of Court. BY THE COURT, . J. cc: Wayne F. Shade, Esquire William A. Duncan, Esquire v'N\m.',rr:N~:l AlNf'l'") (;" rHJ:1~'''n'' .... . '..,~ttj V 91 :~ l,ld OZ f:.lr L6 AbVlC,!~.; ,'c.'.._:i ~o ~,,, -0--- ,--. . - . ., .1, 0,,''" ....""..._ ~ l~ ,"~'A..~_,~_"l~.,..'",:~_,<<.l..',.#,~"~""':-<-" "".", y.-..... ""'" .7'. ,'_.' -'<"'-;.,~. DAN A. RIBS, PlaintiU V IIN fHB COURf OF COMMON PLBAS OF ICUMBBRLAND COUNfY, PBNNSYLVANIA I ICIVIL ACfION - LAW I INOI 95-7147 CIVIL fBRN I IN CUS'l'ODY BARBARA S. RIBS, Defendant CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCB WITH fRB CUMBBRLAND COUNTY CIVIL RULB OF PROCBDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following reportl 1 . fhe pertinent information pertaining to the children who are the subject of this litigation is as followsl Jonathan Daniel Ries, born January 6, 1981, and Kristen Priscilla Ries, born March 19, 1982. 2. A Conciliation Conference was held on June 12, 1997, with the following individuals in attendance I The Father, Dan A. Ries, with his counsel, William A. Duncan, Bsquire, and the Mother, Barbara S. Ries, with her counsel, Wayne F. Shade, Bsquire. 3. The parties agreed to the entry of an Order in the form as attached. v/!u/~7 DJl.fB re