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Home My WebLink About02-5595 BETH A. SCHWARTZBAUER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O~- ~S9S C I ~ i l '-r Ut.Yr) FRANK FERRARO, Defendant COMPLAINT IN DIVORCE 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Cumberland County Court House 4th Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 _eo.- By: Ric Esquire 600 N. Second St., 5th Flr. P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 BETH A. SCHWARTZBAUER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O~ - .c~S C;u~l ~7j COMPLAINT IN DIVORCE FRANK FERRARO, Defendant COMPLAINT UNDER SECTION 3301(0) AND SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Beth A. Schwartzbauer, who currently resides at 2003 Dartmouth St., Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Frank Ferraro, who currently resides at 2003 Dartmouth St., Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 9, 2001, in Camp Hill, Pennsylvania. 5. Plaintiff avers that there are no children of the parties under the age of eighteen (18). 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. 9. Neither Plaintiff nor Defendant is in the military service of the United States. 10. The parties separated on February 15, 2002. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNT I EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. The plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage. 13. The plaintiff and Defendant have been unable to agree as to equitable distribution of the said property to the date of the filing of this Complaint. WHEREFORE, the Plaintiff, Beth A. Schwartzbauer, requests this Court to equitably divide all marital property. COUNT II ALIMONY 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through her employment. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to grant alimony to Plaintiff as is deemed appropriate. COUNT III ALIMONY PENDENTE LITE AND COUNSEL FEES, COSTS AND EXPENSES 17. Paragraphs 1 through 16 are incorporated herein by reference. 18. Plaintiff is unable to sustain herself during the course of litigation. 19. Plaintiff lacks sufficient property to provide for her reasonable needs, and is unable to sustain herself through appropriate employment. 20. Plaintiff is in need of alimony during the pendency of this divorce proceeding to adequately defend and prosecute her claim. 21. Plaintiff is without sufficient means to pay counsel fees, expenses, and costs relative to this proceeding, including the employment of any necessary experts or the obtaining of any appraisals. 22. Plaintiff requests the Court to allow her reasonable alimony, alimony pendente lite, counsel fees, costs and expenses, pursuant to Section 502 of the Divorce Code, and Rule of Civil Procedure 1920.13. WHEREFORE, Plaintiff, Beth A. Schwartzbauer, requests the Court to compel the Defendant, Frank Ferraro, to pay alimony pendente lite and to grant counsel fees, costs and expenses of investigation, preparation, evaluation, and any other matter necessary to the proper determination of this case. Respectfully submitted, Date77(f\~"-{ g'/XD.J.- , P.C. Ric rd S. , 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 :tie fjp:divorce\schwartz.div VERIFICATION I, Beth A. Schwartzbauer, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~DJ..~ _ h A. ' chwart z~er Dated:1l ~ I ~I;?/:Y)if- ~i ~ ~ ..(Q ~ - a--..o ....... ~ ~ '- ?1 ~ g ~ .!tJ II) ~-J:: j , . ~ -#- ~w -- ~ 1-~ 0 CI) ~ r:: ~ BETH A. SCHW ARTZBAUER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 02-5595 CIVIL TERM FRANK FERRARO, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Frank Ferraro. Respectfully submitted, Dated: January ~ ,2003 LAW FIRM OF SUSAN KAY CANDIEL ~ (') c: ;.-.;: ,) cC' 9)4] 2C" (f) d..,' ~r-"". '--., <-... ):>r Z'"-" =>U C z =< Cd W o ".1'i I G) ',) r---- fI""~ :;.=..1 ;x:.. :::r;: di~ -:.- () ,,s.) rn ~ -< W N I~ TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BErn A. SonVAlITZBAL'ER, Plaintiff vs. FRANK FERRAro. ~O. 02-5595 Civil Te~ ~OTION FOR APPO INT:ffi."fT OF l1ASTER Beth A. Schwartzbauer (Plaintiff) )(j];(lf~m~'I;Xx a master with respect to the following claims: <<X) Divorce ( ) Annulment (I(X) Alimony ( ) Alimony Pendente Lite moves the court to appoint (XX) ( ) ceo (XX ) Distribution of Property Support Counsel Fees Costs and Expenses (by his attorney, (3) of the motion states: (1) Discovery is complete as to the claims(s) for which a master is requested. (2) The defendant (has) XliUXl'llD:! appeared in Susan Kay Candiello The staturory ground(s) for divorce (is) the and in support appointment of the action~) ,Esquire) . (are) 3301( dl (4) Delete the inapplicable paragraph(s): (a) Xnii!DOOilWOOQo!JOOl:tX~ (b) An agreement has been reached with respect to the following claims: None (c) The action is contested with respect :0 the following claims: Alimony, Distribution of Property, Counsel fees, costs and expenses. (5) The action (involves) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 4 (7) Additional information, if any. relevant. None (hours) ~X. the mOi;t"on: AND NOW is appointed master with /.. / Attorney forlkr1a~,tiff) Richard S. Friedman, ESCl~~\\U ORDER APPOINTING :lASTER . ,n 200S respect to the following claims: Esquire, Date: 3/21/05 By the Court: J ~,.,- Q ~.~ ~ c=-' CJ' -;J:. ~ ~ -o(i, \1) q~ ~j\-- ~_.~~. ~\- %~ >'",= 3 'Q, .-1 .c ....' ft1c, -0'"<' ~:'OC} ~j~;> S ~~, ~-'() c.z,.... (J: -.. JIi :;.,: -0 '3. ~ UJ {'.) --. . BETH A. SCHWARTZBAUER, Plaintiff v. IN THE COURT OF COMMON PLE S CUMBERLAND COUNTY, PENNS LVANIA NO. 02-5595 Civil Term FRANK FERRARO, Defendant COMPLAINT IN DIVORCE INVENTORY OF BETH A. SCHWARTZBAUER Pfaintiff, Beth A. Schwartzbauer, files the following inventory of all proper owned or possessed by either party at the time this action was commenced and all property ransferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and corr t. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. .S. S 4904 relating to unsworn falsification to authorities. \_,.,~ r-\~, ~_ _. Beth A. Schwartzbauer, Pia tiff Plaintiff marks on the list below those items applicable to the case at bar an itemizes the assets on the following pages. Real Property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender valu and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and 0 cer/director positions held by a party with company) Employment termination benefits-severance pay, worker's c pensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military IV. A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total catego and attach itemized list if distribution of assets is in dispute) Other (XX) 1. (XX) 2. ( ) 3. ( ) 4. ( ) 5. ( ) 6. ( ) 7. ( ) 8. ( ) 9. ( ( ( ( ( ( ( ) 10. ) 11. ) 12. ) 13. ) 14. ) 15. ) 16. (XX) 17. ( ) 18. (XX) 19. ( ) 20. ( )21. ( ) 22. ( ) 23. (XX) 24. (XX) 25. ( ) 26. ASSETS OF THE PARTIES MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal r equitable interest individually or with any other person as of the date this action was commen ed: Item Number Description of ProDertv Marital Residence at 2003 Dartmouth Street Camp Hill, PA 17011 IRS Refund 1. 2. 3. Personalty 4. 401K (Blue Cross) (Increase in value during marriage) Members 1" checking (Marital portion) 5. 6. Members 1" savings (Marital portion) 7. Retirement (Marital portion) 8. Checking account (Marital portion) 9. Savings account (Marital portion) 10. Retirement (Marital portion) 1998 Nissan Maxima 11. Names of All Owne tzbauer & ro Beth Sch Frank Fer Beth Sch Frank Fer rtzbauer rtzbauer rtzbauer rtzbauer Frank Fer ro Frank Fer ro Frank Fer ro Frank Fer ro , . NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable inter t which is claimed to be excluded from marital property: Item Number Description of Propertv Reason fo Exclusion 1. 2. 3. 1995 Honda Accord Pre-Marri e Home furnishings Pre- Marri e 401K (Blue Cross) Non-Marital portion (Beth Schwartzbauer) Pre-Marri e 4. Members 151 Checking Non-Marital portion (Beth Schwartzbauer) Pre- Marri e 5. Members 151 Savings Non-Marital portion (Beth Schwartzbauer) Pre-Marri ge 6. Retirement Non-Marital portion (Beth Schwartzbauer) Pre-Marri ge 7. Checking account Non-Marital portion (Frank Ferraro) Pre-Marri ge 8. Savings account Non-Marital portion (Frank Ferraro) Pre-Marro ge 9. Retirement Non-Marital portion (Frank Ferraro) Pre- Marr" ge . LIABILITIES Item Description Names of Names of Number of ProDerty All Creditors All Debtor 1. 2003 Dartmouth St. SunTrust Beth Schwartzbau & Camp Hill, PA 17011 Frank Ferraro (Mortgage) 2. Sump Pump loan Members I" Fed. Beth Schwartzbau Credit Union 3. 1998 Nissan Maxima Unknown Frank Ferraro 4. Visa credit card Members 1" Fed. Beth Schwartzbau r Credit Union 5. Misc. Credit cards Unknown Frank Ferraro , BETH A. SCHW ARTZBAUER, Plaintiff v. IN THE COURT OF COMMON PL S CUMBERLAND COUNTY, PENNS LVANIA NO. 02-5595 Civil Term FRANK FERRARO, Defendant COMPLAINT IN DIVORCE CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on March tJ!:J2 5 I served a copy of the within Inventory of Beth A. Schwartzbauer, by depositing same in the ited States Mail, first class, postage prepaid, addressed as follows: Susan Kay Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 FRIEDMAN & IgNG, P.C. .,;/, ,II' " Richar SF' an, Esquire 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 ('; ;\, , " )".~: \. ~.~._:\ ~p. i"~ ';1- 3. --------- r-' ~~ 0' ~ '. ?;J N N C) -n .--~ ~T. -01 t'n-;~. '~n :p, 'r;.; -0 ?: ~j ., OJ FRIEDMAN & KING, P.e. RICHARD S. FRIEDMAN, ESQUIRE ID # 07176 600 N. 2nd Street Harrisburg. P A 17101 (717)236-8000 (717)236-8080 (fax) Attorney for Plaintiff BETH A. SCHW ARTZBAUER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 02-5595 Civil Term FRANK FERRARO, Defendant IN DIVORCE PLAINTIFF'S PRETRIAL STATEMENT: And Now comes Plaintiff, Beth A. Schwartzhauer (hereinafter referred to as Wife) by and through her attorney, Richard S. Friedman, Esquire and files this Pretrial Statement pursuant to Rule 1920.33 (b): I. LIST OF MARITAL AND NON-MARITAL ASSETS: A list of the Marital and Non-Marital property is attached hereto and is marked Exhibit A. 2. EXPERT WIlNESSES: None. 3. NON-EXPERT WIlNESSES: Wife does not anticipate calling any witnesses other than herself. However, Wife reserves the right to call rebuttal witnesses, if necessary, based on Husband's direct testimony. 4. EXHIBITS: Wife's Exhibits are as follows: Plaintiff's Income and Expense Statement - Exhibit B. 5. INCOME: The Income and Expense Statement of Beth A. Schwartzbauer attached hereto as Exhibit B. 6. EXPENSE: The Income and Expense Statement of Beth A. Schwartzbauer attached hereto as Exhibit B. 7. RETIREMENT BENEFITS: Retirement benefits: are of little or no value. 8. COUNSEL FEES: $5,000.00 (approximate). 9. DISPUTES: None anticipated. 10. MARITAL DEBT: See Statement of Liabilities - Exhibit C. II. PROPOSED RESOLUTION: A decree in divor<ce be immediately entered. 12. RELEVANT FACTS: The following factual situation, I believe, is relevant for purposes of equitable distribution under g3502 of the Divorce Code: The parties were married for a short period of time when the relationship deteriorated to a point where, for all intents and purposes, they were separated in 2002, when Wife moved out of the marital bedroom. Both parties worked, although Husband's employment was sporadic and Wife paid almost all household bills. As a result of Husband's bad crl~dit, Wife refinanced the home solely in her name. 13. WIFE'S PROPOSED DISTRIBUTION AND RATIONALE: Our proposed resolution of the economic issues is based on the criteria in the Divorce Code, particularly the earnings and earning capacities of the parties. Wife's proposed distribution is as follows: a) Husband's interest in the marital premises be transferred to Wife. b) Wife retain ownership of all furniture, fixtures and personal property from the marital home by virtue of said assets being owned by Wife prior to the marriage. c) Husband reimburse Wife for one-half of the IRS refund of $1,540.00 which he converted to his own use. d) Husband pay to Wife the sum of $2,000.00 representing one-half of the cost of the sump pump for the marital home which he agreed to pay and has failed to do. e) Each of the parties keep the other and non-marital assets in their possessIOn. f) Husband pay $5,000.00 on account of Wife's legal fees. g) All other claims be withdrawn. Respectfully submitted, Date:~ FRIEDMAN~G, P.C. -' , ------- L-- Ri~hard S. Friedman, Esquire 600 N. Second Street , Penthouse Suite P.O. Box 984 Hanisburg, P A 17108 (717) 236-8000 MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Description of Prooertv Names of All Owners Item Number 1. Marital Residence at 2003 Dartmouth Street Camp Hill, P A 17011 Beth Schwartzbauer Frank Ferraro Value: $118,000.00. 2. IRS Refund Beth Schwartzbauer Frank Ferraro $1,540.00.00 3. 40lK (Blue Cross) Beth Schwartzbauer (Increase in value during marriage) $500.00. 4. Members I st checking (Marital portion) Beth Schwartzbauer $200.00 5. Members I ,( savings (Marital portion) Beth Schwartzbauer $100.00. 6. Retirement (Marital portion) Beth Schwartzbauer Zero 7. Checking account (Marital portion) Frank Ferraro This information is in the exclusive possession of Defendant. 8. Savings account (Marital portion) Frank Ferraro This information is in the exclusive possession of Defendant. 9. Retirement (Marital portion) Frank Ferraro This information is in the exclusive possession of Defendant. 10. 1998 Nissan Maxima Frank Ferraro This information is in the exclusive possession of Defendant. NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Prooerty Reason for Exclusion 1. 1995 Honda Accord Pre-Marriage 2. Home furnishings and Personalty (Beth Schwartzbauer) Pre-Marriage 3. 401K (Blue Cross) Non-Marital portion (Beth Schwartzbauer) Pre-Marriage 4. Members 1 st Checking Non-Marital portion (Beth Schwartzbauer) Pre-Marriage 5. Members 1 st Savings Non-Marital portion (Beth Schwartzbauer) Pre-Marriage 6. Retirement Non-Marital portion (Beth Schwartzbauer) Pre-Marriage 7. Checking account Non-Marital portion (Frank Ferraro) Pre-Marriage 8. Savings account Non-Marital portion (Frank Ferraro) Pre-Marriage 9. Retirement Non-Marital portion (Frank Ferraro) Pre-Marriage INCOME f... ~i.\~ S\tm o.~bQ'<\ed.) Employer: Co.~\o.\ ~\\Ae.. C rOc",:,:> Address: f-brn'i>'o4 Type of work: Sq \es Payroll Number: Gross Pay per Year: $ Itemized Payroll Deductions: Federal Withholding: $ Social Security: $ Local Wage Tax: $ State Income Tax: $ Retirement: $ Savings Bonds: $ Credit Union: $ Life Insurance: $ Health Insurance: $ Other (specify): N~t Pay per Pay Period: Other Income: Week Interest Dividends Pension Annuity , Social Security Rents Royalties Expense Account Gifts Unemployment Compo Worker's Compo Other - Mortgage income Total $ TOTAL INCOME $ Month $ per year Year -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- -0- NAME . -1--- EE # CHE:CK GROUP FED EX MPT PAY PERIOD - -itllli9. Sc'hwari:zbauer, Bei:h A. 58118 1:CW1I1I3 0 12/31/2004 . " ," . . . NUMBER DESCRIPTION CURRENT YEAR TO DATE TYPE CURRENT YEAR TO DATE 65.50 REGULAR 939.27 211355.115 I'IC1ILTX 21. 51 1156.30 9.50 PTO 136.23 3536.29 EU, .25 6.75 CBC-INC 985.98 FI1'TAX 131. 03 3763.17 HOLIDAY 853.65 HI 15.59 11311.22 EWP 135.63 PA TAX 33.02 919.21 RETRO 67.71 PALICEE .97 26.95 XSLIFE 6.21 OASDI 66.68 1856.66 OTII'IE 1 5.27 DTA,Xl 1611.19 LOA,N2 749.93 SUSOPT 10.00 TOTAL GROSS WAGES REDUCTIONS ESP401 1 7 .50 299116..19 43.02 1197.60 S OF 12/ PTO EARNED PTO BAL 1032.118 PAID TIME OFF 287118.59 DISABILITY TOTAL DEDUCTIONS --- NET PAY 269.05 8387.38 6.0700 164.92 $763.43 MO: DIRECT DEPOSIT NO. 60158489 + 12/31/2004 Capital BlueCross An Independent Licensee of the Blue Cross and Blue Shield Association 2500 Elmertan Ave. Harrisburg. Pa. 17110 ECWII1I3 Bei:h A Schwari:zbauer 2003 Dari:moui:h Si: Camp Hill PA 17011-38311 ACCOUNT NUI'IBER DESCR. 139670000 MET SAY AI'IOUNT 763.113 NON-NEGOTIABLE EXPENSES Weekly Monthly Yearly Home . Mortgage/rent Maintenance Utilities Electric Gas Oil Telephone Water Sewer $ fJa.. t1l ;:-, !(-(lSt :2:>"" (..(t\othecl. 11;, CO. Ii io. -' 1130. " $ liD. - Employment Public Transportation Lunch Taxes Real Estate Personal Property Misc. Taxes fra.(I1A. Clw'<S me A balCl.f11Q... 6.\ $ L/70. - ~ r b"clC\'OJi.tb he (levU- Income (':h;o 0\.1"<0\ ~e,! we a.duc'red Fro0'i ('f)~ p:1yCI1e.c.K. frDm A t-A~CD\I. l \No.b Ac\V;""d -I-~e~ Will (i.dud- ~'" :"he.dof~ no~ PD.y 'O~ -:so..",. whet\- 1-1<1. 0'-<..'0;, For :;t003 i-Je n"-ve..r- pard. IncluoH\ ; (', (YlOr\:V:l~e. Insurance Homeowners Automobile Life Accident Health Other (",elud.d '" mor\p~~ jJ1.o50. - Automobile Payments Fuel Repairs f'd 0-1-\ Beth Schwartzbauer Maintenance: Amount Roof (2004) $1,300.00 Hot water tank (2003) Labor $300.00 $100.00 Sewers cleaned (2003) $50.00 Kitchen sink (2003) (New plumbing) $100.00 New faucet on back of house (2004) $80.00 Electrical outlet installed outside (2004) $50.00 Painting supplies (2003/2004) $300.00 Plants/mulch (2003/2004) $250.00 EXPENSES Weekly Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) Education Private school Parochial school College Religious Personal Clothing. Food Barber/hairdresser Credit payments Credit card Charge account Memberships Loans Credit Union 5 Ii rn {:l p Ll rt\ ~ Miscellaneous Household Help Child Care Paperslbooks/magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Other Child Support Alimony Payments Other TOTAL EXPENSES: Monthly Yearly jl I ~O. - $ PROPERTY OWNED: Description Checking account Savings accounts Credit Union Stocks/bonds Real estate Other TOTAL $ INSURANCE: Company Hospital ( Bflle Cros~ Other Medical Glu,," (.,6',', Blue Shield Other Health/Accident Disability Income Dental Other H husband Wwife J joint C child Value Policy No. i CJD~ ~ o.z n I 4,~ :') ~OjJ, Ownership HWJ -tI It! Coverage HWC W'H . I will SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person (check one): (1) who operates a business or practices a profession, (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. or (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name ofbusjness: Address and Telephone Number: (d) Nature of business (check one): (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other (e) Name of accountant, controller or other person in charge of financial records: (f) Annual incOlhe from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: MARITAL LIABILITY Plaintiff lists all marital liability in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Amount Names of Number Of Liabilitv All Debtors 1. $105,000.00 Beth Schwartzbauer 2. $ 4,000.00 Beth Schwartzbauer 3. Unknown Frank Ferraro 4. $100.00 Beth Schwartzbauer 5. Unknown - information is: in possession of Defendant. BETHA. SCHWARTZBAUER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-5595 Civil Term FRANK FERRARO, Defendant : COMPLAINT IN DIVORCE CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on June 23, 2005 I served a copy of the within Pretrial Statement, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Frank Ferraro 2003 Dartmouth Street Camp Hill, PA 17011 FRIEDMAN & KING, P.C. / ,./r Richard s~an, Esquire 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, P A 17108 (717) 236-8000 C) I"~," c- ~:;5 <::.1"\ r"',J: GJ (J -11 -1 T f-1'l:JJ r- 1'..... C:-~j C) .'1', :'.1 C') fl'! (~'? ....,,,..' 0) "'~- v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5595 Civil Term BETH A. SCHWARTZBAUER, Plaintiff FRANK FERRARO, Defendant IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDA VlT UNDER SECTION 330I(d) OF THE DIVORCE CODE I. The parties to this action separated on or before Februa.ry IS, 2002, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made on this affidavit are tru(: and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.P. Section 4904 relating to unsworn falsification to authorities. 3~ ~ d'~.. . ,...,3~ Beth A. Schwartzbauer, Plamtiff DATED: {o//fi, /O~ I I v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5595 Civil Term BETH A. SCHWARTZBAUER, Plaintiff FRANK FERRARO, Defendant IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 330I(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because: Check (i) (ii) or both: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawy<er' s fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: Frank Ferraro, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF. YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. ....' ~.:::> :::::".., c.J' ~:2 r".) w q. -\ .:r: P'i, ~:~~ ..,.jl......) ::.),(:~~ .:~~ -'r, :~?; :< -0 -;,~ w .. CJ W From: 04/18/200608:10 #062 P.004/005 BETH A. SCHW ARTZBAUER, Plaintiff v. : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA : NO. 02-5595 Civil Term FRANK FERRARO, Defendant : COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 330HC) AND 3301(0) OF THE DIVORCE CODE 1. r consent to the entry of a final Decree of Divorce without notice. 2. I IUlderstand that I may lose rights concerning alimony, division ofproperty, 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 WItH 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. 4. I verify that the statements made in this Affidavit are true and correct. r understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: !rl',' I / If);) DOG ;' / W/U/ ~c(,,1 ~ ~Ferrarr,Deren~t ,--\ ..s..' .""" -,' r.~l \ \~. From: 04/18/200608:10 #062 P.005/005 BETH A. SCHW ARTZBAUER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5595 Civil Tenn COMPLAINT IN DIVORCE FRANK FERRARO, Defendant AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 20, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. r consent to the entry of a final decree of divorce after service of l\Totice of Intention to Request Entry of the Decree. r verify that the statements made in this Affidavit are true and correct. I relating to unsworn falsification to authorities. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 / /! / /. / , ' Ii L/ ~';-" efen ant DATED: j /1('1 I t/ J-ODCo ~J: -c ......" -'-\. c. ::.(: r.,. From: 04/18/200608:10 #062 P.002/005 BETH A. SCHW ARTZBAUER, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5595 Civil Term FRANK FERRARO, Defendant COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(0 AND 33011D) OF THE DIVORCE CODE I. I consent to the entry of a funt! 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. 4. 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. 94904 relating to unsworn falsification to authorities. Date: ~ 1/5ilr"k I I ~~~A~ .. A. Sc wartzbauer, Plaintiff --"! I"~. r-;,' From: 04/18/200608:10 #062 P.003/005 v. : IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 02.5595 Civil Term BETH A. SCHWARTZBAUER, Plaintiff FRANK FERRARO, Defendant COMPLAINT IN DIVORCE A.FFIDA VlT OF CONSENT \. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 20,2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. DATED: t-I/rr//uC ~~Il.~!' eth A. Schwartzbauer, Plaintiff ,- .-0 ,":1: \.;'.- .J ,.... FRIEDMAN & KING, P.C. Richard S. Friedman, Esquire ID#07176 600 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, P A 17108 Tel.: (717) 236-8000/Fax: (717) 236-8080 Attorney for Plaintiff BETH A. SCHW ARTZBAUER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 02-5595 Civil Term FRANK FERRARO, Defendant COMPLAINT IN DIVORCE JOINT PETITION FOR BIFURCATION TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Petitioners, Beth A. Schwartzbauer, by her attorneys, Friedman & King, PC, and Frank Ferraro, by his attorneys, Carrucoli & Associates, jointly file this Petition for Bifurcation and respectfully represent in support thereof: 1. Petitioner, Plaintiff in this action, currently resides at 2003 Dartmouth St., Camp Hill PA 17011. 2. Second Petitioner, Defendant in this action, currently resides at 801-1 Walnut St., Lemoyne PA 17043. 3. Petitioner Plaintiff s divorce action avers that the marriage is irretrievably broken and grounds for divorce have been established. 4. Petitioner Plaintiff also requests ancillary relief in the form of claims for equitable distribution, alimony, alimony pendente lite, and counsel fees, costs and expenses. .. .,., i.....-. 5. The parties have not as yet been able to agree to a settlement of the above claims. There will be additional negotiations and most probably, a full Master's hearing. As a result of these factors, a final resolution of the economic issues of the within action is likely many months away. 6. The parties have been separated since February of2002. 7. Both parties have signed and filed consents and waivers of notice to allow the divorce to be finalized. 8. Since the divorce claim is not at issue and Petitioner Plaintiff's ancillary causes of action are preserved by the pleadings, no prejudice will occur if a divorce is granted prior to the adjudication of Petitioner Plaintiff's ancillary claims. 9. Compelling circumstances exist for the entry of the decree of divorce. 10. Sufficient economic protections have been or will be provided for both parties during the pendency of the disposition of all ancillary matters. 11. Pursuant to the Divorce Code, 23 Pa. Cons. Stat. Ann. ~Sec. 3101 et seq., this Court is empowered to grant a divorce and to reserve jurisdiction over the remaining ancillary Issues. WHEREFORE, Petitioners request that this Honorable Court: (a) Order bifurcation of this action; (b) Grant the requested divorce in the complaint; and (c) Reserve jurisdiction over all the remaining ancillary issues before the Court. - -- ., .... Date: Date:~ Ci...Q - Respectfully submitted, FRIEDMAN & KING, P.C. {/"fo' Ric d S. Friedman, Esquire 60 N. Second Street Penthouse Suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 CARRUCOLI & ASSOCIATES Michelle L. Somm quire 875 Market St. Suite 200 Lemoyne P A 17043 (717) 761-1274 o ~ <, -r..' eei if ';::C', )"'e z -1 -< r-.,) c:::> = c;ro. ::z: ;;::.. -< , CO -0 3: Cf? ~ ~:n -o~ :0 ~? -' t5-rl zO om -'-I ~ -< <::) \.0 BETH A. SCHWARTZBAUER PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 02-5595 CIVIL FRANK FERRARO, DEFENDANT : CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, this 11 th day of May, 2006, upon consideration of the Joint Petition for Bifurcation IT IS HEREBY ORDERED AND DIRECTED that: (A) The above-captioned action is bifurcated; (B) The Court reserves jurisdiction over all the remaining ancillary issues before this Court; (C) The parties request for divorce is DENIED at present without prejudice. The parties are directed to file the praecipe along with the supporting affidavits as required by Pa.R.C.P. 1920.42 at which time the Court will consider the granting of a divorce. By the Court, "tt\ l ~ J. M. L. Ebert, Jr., Richard S. Friedman, Esquire Attorney for Plaintiff Michelle L. Sommer, Esquire Attorney for Defendant ~ ~ 6-IJ -Of" Ch bas V1NV l\l/(,SN~~3d 1\1\!0C(i c'r,{iH::m^JnO 02 :9 WV Z, AVW 9UOl AHv'lONOH10tid 3Hl :to 3Q\::HO-G318 BETHA. SCHWARTZBAUER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-5595 Civil Term FRANK FERRARO, Defendant COMPLAINT IN DIVORCE AFFIDA VIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA : SS: COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Richard S. Friedman, Esquire, Attorney for the Plaintiff, who, being duly sworn according to law, deposes and says that a Certified copy of the Complaint in Divorce in the above-captioned matter was served upon Defendant, Frank Ferraro, y Certified Mail, Restricted Delivery, on November 25,2002, as evidenced by the ched Certified Mail card. Sworn and subscri~to before me this I day of -rvtay- , 2006. ~~I-~ Notary Public / ard S. Friedman, Esquire COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL BARBARA E. PALMER, Notary Public City of Harrisburg, Dauphin County My Commission Expires May 23, 2009 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse lip that we can return the card to you. . Attsich this card to the back of the mail piece, or on the front if s~ce permits. 1. Article Addressed to: Mr. Frank Ferraro 2003 Dartmouth St . Camp Hill, PA 17011 o Agent o Addressee DYes o No 2. Article Number (Copy from service label) 3. Service Type :xx Certified Mail 0 Express Mail o Registered J:Nletum Receipt for Merchandise Din meted Delivery? (Extra Fee) Xl::Yes 7000 1670 0005 2761 8664 PS Form 3811 , July 1999 Domeel6c Altum Aeceipt 102595-00-M-0952 (") o ~~:: z =< f"'V = = CI"" ::E: )."pt -< ~ ~..,., rnp -om -TJ CJ (~)(-\ ~~~ 6rn );! :s! \.0 -u ::;; - .. N ex> a./ ." Michelle L. Sommer, Esq. Carrucoli & Associates, P.C 875 Market Street, Suite 200 Lemoyne, Pennsylvania 17043 (717) 503-0367 MLSommer@CarrucoliAndAssociates.com BETH A SCHWARTZBAUER, Plaintiff IN 1HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5595 Civil Term FRANK FERRARO, Defendant ACTION IN DIVORCE PETITION FOR LEAVE TO WITHDRAW AS DEFENDANT'S COUNSEL AND NOW comes the Petitioner, Carrucoli & Associates, P.C., by Michelle L. Sommer, Esquire, seeking leave of this Honorable Court to withdraw as counsel for Defendant, Prank Ferraro, pursuant to the Rules of Professional Conduct Rule 1.16, and avers as follows: 1. Petitioner is counsel of record for Defendant herein by virtue of having represented the Defendant at his Pre-Trial Conference on October 17,2005. 2. Petitioner is currently representing Defendant pro bono. 3. Petitioner originally agreed to help the Defendant finalize his divorce proceedings at the October 17, 2006, Conference in view of the fact that he was representing himself and in need of legal guidance. Unfortunately, the matter was unable to be resolved at the October Hearing, as well as at the April 18, 2006, Hearing. 4. Defendant is unwilling to compensate the Petitioner for her legal services at this time. Consequently, the divorce proceedings have become a financial burden on the Petitioner and as a direct result the Petitioner is no longer able to represent the Defendant for free. 5. Petitioner had tried several times to explain the legal process and advise the Defendant of the best possible course of action to no avail. -. ... - '" . 6. Plaintiff has made two separate offers to settle for a fair and reasonable sum and Defendant insists on going forward against advice of counsel in his divorce proceeding. 7. At the Hearing scheduled for April 18, 2006, the Defendant agreed to a settlement offered by the Plaintiff and upon an agreement reached by both counsels the Defendant withdrew his acceptance thereby prolonging the divorce proceedings between the parties. 8. Defendant is unwilling to even listen to the advice of his counsel in his divorce proceeding, insisting "he will get" more money at the final Master's Hearing and wishes to proceed with a Hearing against the advice of his counsel. 9. Counsel for the Plaintiff, Richard S. Friedman, Friedman & King, P.C., does not oppose this Petition for Leave to Withdraw as Counsel. WHEREFORE, Petitioner seeks leave of this Honorable Court to terminate Petitioner's representation of the Defendant and to withdraw her appearance as counsel in the above-captioned matter. Respectfully submitted, Date:~ ~ Cf. e100n IJi) Michelle L. SomDier, Esq. Supreme Court ID# 93034 Attorney for the Defendant CARRUCOLI & ASSOCIATES, P.C. 875 Market Street Suite 200 Lemoyne, Pennsylvania 17043 . Michelle L. Sommer, Esq. Carrucoli & Associates, P.C 875 Market Street, Suite 200 Lemoyne, Pennsylvania 17043 (717) 503-0367 MLSommer@CarrucoliAndAssociates.com BETH A SCHWARTZBAUER, Plaintiff IN 1HE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, PENNSYLVANIA v. NO. 02-5595 Civil Term FRANK FERRARO, Defendant ACTION IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on the 9th day of May, 2006, I am this day serving the foregoing motion to withdraw upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: E. Robert Elicker, II Divorce Master Gnnberland County Court of Common Pleas 9 North Hanover Street Carlisle, Pennsylvania 17013 Richard S. Friedman, Esquire Attorney for the Plaintiff 600 North 2nd Street Post Office Box 984 Harrisburg, Pennsylvania 17108 Frank Fernu'O Defendant 801-1 Walnut Street Lemoyne, Pennsylvania 17043 ~~ Miche e L. So r, Esquire Q ,,-, C) ""'::> I:':=:, _or, ::-:-,-.. <:;,;,.."" .' (- (-"~ -, I c..n , , ..... ::< <;:;;) ~':;:;. :':1 1',.) .--, C.V BETH A. SCHWARTZBAUER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FRANK FERRARO, DEFENDANT NO. 02-5595 CIVIL : ACTION IN DIVORCE ORDER OF COURT AND NOW, this 8th day of June, 2006, upon consideration of Defense Counsel Michelle L. Sommer's, Petition to Withdraw her appearance as counsel for the defendant pursuant to Pa.R.C.P. No. 1012 (c) (d); IT IS HEREBY ORDERED AND DIRECTED that the Petition to Withdraw as Defendant's counsel is GRANTED. By the Court, ~helle L. Sommer, Esquire Petitioner ~k Ferraro Defendant ~chard S. Friedman, Esquire Attorney for Plaintiff ~Robert Elicker, II, Esquire Divorce Master M.l.~. ~\ J. -..l o\j) ~& a ce :€ lid 8- t)f;r 9rjfl7 t..:;. Uu,,-, J j.~,f\v";.J..! (-)1\ "/ :'{'--/ r j ~.: "I :?f-fl 'A l'Iu V, , '.- ,.'''./U~ -' ::iV 3:Jf:!.:J')'037i:l BETH A. SCHW ARTZBAUER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5595 Civil Term FRANK FERRARO, Defendant COMPLAINT IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. I. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the complaint: certified mail, restricted delivery, 11/25/02. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff 4/19/06; by Defendant 4/19/06. 4. Related claims pending: This matter has been bifurcated. Issues still pending are equitable distribution, alimony, alimony pendente lite, and counsel fees, over which this Court has reserved jurisdiction. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice was filed with the rothonotary: 4/19/06 Date Defendant's Waiver of Notice was filed with he Prothonotary: 4/19/06 I R' hard S. Friedman, Esquire omey for Plaintiff ,~. r-'" r-.' ,---. 7;_::' C) -i"\ ::::J c::f' c.:.. -:J r,.) c' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. STATE OF BETH A. SCHWARTZ BAUER . No. 02-5595 Civil Term VERSUS FRANK FERRARO . . DECREE IN DIVORCE . . . . "JIJM( 11 l()O~, IT IS ORDERED AND AND NOW, . . Beth A. Schwartzbauer DECREED THAT . . Frank Ferraro AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . , PLAI NTI FF, , DEFENDANT, 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; equitable distribution, alimony, alimony pendente lite, . and counsel fees . By THE COURT: ~\{ ~ ~\ \ \ . . . . . . . J. PROTHONOTARY . ...;IP :?- ~'JlJ1.! ~ 1&'(<:' "l ~ P ?- ~.tIn.1'9 'fJ- U'..1 . . -,. ,\c,..," ;,. -- \ .. ,~ ",.j,' BETH A, SCHW ARTZBAUER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-5595 Civil Term FRANK FERRARO, Defendant COMPLAINT IN DIVORCE PRAECIPE Kindly withdraw Counts I, II and III of the above-captioned complaint. Respectfully submitted, Date: 9(n/at: I ,/1' ____..~-v.- "0. . / /1'/ Ri9l1ard S. Friedman, Esquire Mtomey No. 07176 600 N. Second Street Penthouse Suite p, 0, Box 984 Harrisburg, P A 17108 (717) 236-8000 RSF:ka:schwartzbauer. wd.counts.prae (") c Z -ocr; !II Lf ~;: ~;~! 'z ~ ~ = = Cr"' (/) rr1 -0 l"" Ul o -n ~:n hi :go ~~ ~~~ )i~~ (-{ ~ -< -0 ::it JY C\ ~ BETH A. SCHWARTZBAUER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 5595 CIVIL FRANK FERRARO, Defendant IN DIVORCE ORDER OF COURT AND NOW, this a5ii. day Of/~ ' 2006, a divorce decree having been entered previously on June 27, 2006, and the economic claims raised in the proceedings having been resolved in accordance with a stipulation dated September 15, 2006, the appointment of the Master is vacated. BY THE COURT, Q~~ Frank Ferraro Defendant q-tM-<-oG ~-<J .~-&L J~ cc: Richard S. Friedman Attorney for Plaintiff Vlt~V^lA8NN3d AlNno~\ '~:'.'V~H:::gV~nc> Z~ :2 Wd S2 d3S 900Z 1 . !\.Jl('~ I"" j I ',I ld ::1H1 :10 Atlv ,-li~ur,..lva ... 38fj::10-G31I::i q . BETH A. SCHW ARTZBAUER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-5595 Civil Term FRANK FERRARO, Defendant COMPLAINT IN DIVORCE STIPULATION AND NOW, this J.rt day off 'f~h 2006, the parties hereby stipulate as follows: L Plaintiff has paid to Defendant the sum of One Thousand ($1,000.00) Dollars, which said amount is being held in escrow by Friedman & King, PC, counsel for Plaintiff, and will be tendered to Defendant immediately upon Defendant's execution of the within Stipulation. 2. Defendant has executed a quitclaim deed conveying Defendant's interest in the marital premises to Plaintiff. 3, The parties have distributed all personal property to their mutual satisfaction. 4. Plaintiff shall cause her counsel, Friedman & King, PC, to immediately file a praecipe withdrawing Counts I, II and III of the divorce complaint filed in the above-captioned matter. 5, The parties have therefore concluded all economic issues between themselves, and desire that the Divorce Master return the file to the Prothonotary with an indication that he has concluded his services and the matter is closed, and moreover cancelling the Master's hearing currently scheduled for December 7, 2006, 6. In the event it is necessary for either party to execute any additional documents to further carry out the intent of the within Stipulation and ensure a full and final resolution of the . .' - >, - . ..' outstanding issues, the parties agree to execute said additional documents immediately upon request. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals ~LA~ Beth A, hwaC7rtzbauer Plaintiff f . ! . / E ank Ferraro,~efendant the day and year first above written. WITNESS: t<~ 9i <----. f'(~ 1t ~. RSF:ka