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Home My WebLink About01-03132_m MAXINE D. PIPAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 01 - 3/301, elcx 1 CYRIL F. PIPAN, Defendant : 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 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 or 1-800-990-9108 DATED: 0 -Sandra L. Meilton Attorney for Plaintiff MAXINE D. PIPAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. : NO. O!- JIJ.7- u ' CYRIL F. PIPAN, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Maxine D. Pipan, an adult individual who is sui juris and resides at 416 Allendale Way, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Cyril F. Pipan, an adult individual who is sui juris and resides at 416 Allendale Way, Camp Hill, Cumberland County, Pennsylvania. The present whereabouts of the Defendant, Cyril F. Pipan, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 24, 1988, in Hagerstown, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ BY: 'JVf Sandra L. Meilton P.O. Box 889 Harrisburg, PA 17108 (717) 2344121 Attorney for Plaintiff 39919.1 VERIFICATION I verify that the statements made in this Complaint 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 unswom falsification to authorities. Maxine Pipan, Plaintiff Dated: "IWAa7 tav. aao oommmwmwH ? PFJMI4Y WNM B6M>BN6M a 1EN71I VITAL RECORDS RECORD OF STATE FX E NUMBEq DIVORCE OR ANNULM ENT Cumberland CHECK O E E3 STATE FU DATE ( ) N HUSBAND 1. NAME (FkSQ (Mkldb) aw) 2. qq (Mmth) (Da» bF Y? ('vri 1 6 Francis Pipa n BIRTH 12 31 63 3. sto Sfrae(w R.D. city, Bom. W Top. County State A. PLACE (S1918 w FMIg, Couwry) 416 Allendale Way Cam Hill, Cumberland, PA BIRTH Pennsylvania 5. NUMBER 6. MCE 7. USUAL OCCUPATION , OF THIS MARRIAGE 1 WHITE }q]{y OIACK OTHER(Spe IM ? ? Pharmacist Chocha Maxine Donna Pi BIRTH 05 20 59 10. RESIDENCE Street W R.D. Ctty, "V. W TAP. co" Sure Al. PLACE (State w F- Country 416 Allendale Way, Camp Hill, Cumberland, PA elmHNew Jersey 12. NUMBER OFTHIS MARRIA AGE 1 6. RACE WMpE tI BLACK oa (Spedfy( 1 .. USUALGCCUPATION DI'.rMnoi ci- 15. PLAGE DF (C V M (Slate w Fwmpa GROW 16. DATE OF (Month) (Day) (m THIS THIS MARRIAGE Ha erstown land MARRIAGE 09 24 88 17X NUMBER OF ITS. NUMBER OF DEPENDENT 16. PIAINRFF 19. DECRY GRANTED tO CHILDREN THIS CHILDREN UNDER i6 HU A D WIFE Spedty) O R HUSBAND WIFE OTHER ( oft MARRIAGE 2 2 1 pLC}J[ El ? ( ? ? 20. NUMBER OF HUSBAND WIFE SPLIT CU STODY OTHER (Spedth 21. LEWLL GROUNDS FOR CHILDREN TO I vlv ONORCE OR ANNULMENT CUSTODY OF LSD broker 22. DATE OF DECREE (Mon(h) (Day) (Neel) 23. OATS REPORT (MMVS (Dey) (Y TO VRAL RWORDS 24. SIGNATURE OF TRANSCRIBING CLERK + T ,_ Pad wit. N C) ?j 1 "< -.0 `. ?? -6q vl Vi `.' 1 C, l" r? ?n MAXINE D. PIPAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2001-3132 CYRIL F. PIPAN, : CIVIL ACTION -LAW Defendant : IN DIVORCE DEFENDANT'S ANSWER TO PETITION FOR EMIMEDIATE RELIEF AND NOW, tbia"'Wday of April, 2003, comes the Defendant, Cyril F. Pipan, by and through his attorneys Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, and responds as follows to the Petition for Immediate Relief: Admitted. Admitted. By way of further answer, medical coverage for the parties and their two children continues to be maintained through Defendant's employer, Giant Foods. 3. Denied. After reasonable investigation, Defendant is unable to ascertain the truth of the averment set forth in paragraph 3 and proof thereof is demanded. 4. Denied. After reasonable investigation, Defendant is unable to ascertain the truth of the averment set forth in paragraph 4 and proof thereof is demanded. By way of further answer, medical coverage was provided by Defendant in January of 2003 through the Defendant's employer, Giant Foods. 5. Denied. After reasonable investigation, Defendant is unable to ascertain the truth of the averment set forth in paragraph 5 and proof thereof is demanded. 6. Denied. After reasonable investigation, Defendant is unable to ascertain the truth of the averment set forth in paragraph 6 and proof thereof is demanded. By way of further answer, Defendant has no idea who at Giant Foods would have advised her that she was not enrolled for medical coverage. In fact, the open enrollment period was in November of 2002 at which time the Defendant again applied for family coverage which included both children and the Plaintiff. Admitted. 8. Admitted. By way of further answer, as Defendant never dropped Plaintiff from his medical insurance coverage there would have been no such notice given. 9. Denied. After reasonable investigation, Defendant is unable to ascertain the truth of the averment set forth in paragraph 9 and proof thereof is demanded. 10. Admitted in part, denied in part. Defendant does have a 401(k) with Rite Aid Corporation which was acquired during the parties' marriage. Defendant also has a small TIAA-CREF retirement account which was funded solely prior to the parties' marriage. 11. Denied. Defendant has never advised Plaintiff that he has made two withdrawals from his retirement plans in the amount of $10,000.00 each. In fact, Defendant has made no withdrawals from his retirement plans since the parties' separation. He previously advised the Defendant that he had taken a $10,000.00 personal loan from his Credit Union in order to pay personal bills. 12. Denied. Defendant has not taken any funds from his 401(k) since the time of separation. Further, as the 401(k) is an ERISA based plan, a written spousal consent is necessary in order for him to withdraw those funds. 13. Admitted in part, denied in part. It is admitted that the Rite Aid 401(k) is marital property subject to equitable distribution and only the increase in value of the TIAA-CREF, if any, during the parties' marriage is subject to equitable distribution as it was acquired prior to marriage. 14. Admitted. WHEREFORE, Defendant, Cyril F. Pipan, requests this Honorable Court to deny Plaintiffs Petition for Immediate Relief. Respectfully Submitted, Date: 2, 2UU3 IOtol S san. adel, Esquire Attorney for Defendant, Cyril F. Pipan James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 Attorney I.D. No. 44837 VERIFICATION I, Cyril F. Pipan, verify that the statements made in the foregoing Pleading 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: L111 /0 5 ? Cyril F. Pipan F MAXINE D. PIPAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2001-3132 CYRIL F. PIPAN, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, attorney for the Defendant, Cyril F. Pipan, hereby certify that I have served a copy of Defendant's Answer to Petition for Immediate Relief on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Sandra L. Meilton, Esquire Tucker, Arensberg & Swartz 111 North Front Street Harrisburg, PA 17101 DATE: 43L -.9 a2W3 JAMES, SMITH, DIETTERICK & CONNELLY By: Susan M. Kadel, Esquire Attorney for Defendant Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 ?S ?? ,? ?_ r_ ?; :J ?: ?? .? ? ? ?? - _ ,t _r T5 {? l l - G,7 r ? j -. ?w7 a ? -'v T MAXINE D. PIPAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. CYRIL F. PIPAN NO. 01-3132 MAR 181003 , Defendant IN DIVORCE RULE AND NOW, this _ day of 2003, in consideration of the Petition for Immediate Relief filed by Plaintiff, a Rule is issued on Defendant as to why Plaintiffs Petition should not be granted. RULE returnable r7 - days after service on Defendant and/or his counsel. Ct T : , ? , by CUPv`t il.r vv WuNTY MAXINE D. PIPAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 01-3132 CYRIL F. PIPAN, Defendant : IN DIVORCE PETITION FOR IMMEDIATE RELIEF AND NOW comes Maxine D. Pipan, Plaintiff, through her attorneys, Sandra L. Meilton, Esquire, of Tucker Arensberg & Swartz, and hereby petitions this Honorable Court as follows: 1. The parties are husband and wife and currently engaged in the divorce action docketed to the above term and number. 2. Until December 31, 2002, medical coverage for the parties and their two minor children was carried through Defendant's employer, Giant Foods. 3. Plaintiff works part-time as a pharmacist for CVS and has no other health insurance other than through Defendant's employer. 4. Plaintiff recently received a billing for medical services provided to her in January, 2003, that should have been covered by health insurance. 5. Plaintiff is also currently being treated for dental work. (See attached statement for services rendered on March 26, 2003 in the amount of $675.00.) 6. Plaintiff was advised that Giant Foods had an open enrollment period for medical coverage commencing January 1, 2003 and when Defendant enrolled for said medical coverage, he did not include Plaintiff as an insured individual under his request for family coverage. 7. It is Plaintiffs belief that medical coverage for the parties' two children is still continuing. 8. Neither Plaintiff nor her counsel were notified by Defendant or his counsel that Defendant dropped Plaintiff from his medical insurance coverage. 9. Because Plaintiff only works on a part-time basis, she does not have the financial means to pay for health insurance. 10. During the marriage, Defendant had a 401(k) as a result of employment with Rite Aid Corporation and also has a TIAA-CREF. 11. Defendant advised Plaintiff that he has made two withdrawals from his retirement plans in the $10,000 (each time). 12. Plaintiff is concerned that Defendant will continue to withdraw funds until there is nothing remaining. 13. Defendant's retirement plans are marital assets subject to equitable distribution. 14. On February 18, 2003, Plaintiffs counsel wrote to Defendant's counsel addressing the issue of the withdrawals and, to date, no written response has been received. WHEREFORE, Plaintiff requests this Honorable Court to: (a) Order Defendant to immediately take the steps necessary to have Plaintiff included as an insured in the family health insurance coverage through Giant Foods, effective January 1, 2003; (b) Order Defendant to provide written verification of said health insurance coverage for Plaintiff and the children effective January 1, 2003; (c) Order Defendant to reimburse Plaintiff for or be responsible for any medical and dental related expenses incurred by Plaintiff due to Defendant's actions; (d) Order Defendant to cease making any withdrawals from any retirement plan, including, but not limited to, his 401(k) and TIAA CREF account; (e) Direct Defendant to provide written verification documenting the value of all of his retirement plans as of the date of separation and current value, and documenting any and all withdrawals made to any said plan since the date of separation; (f) Award Plaintiff counsel fees in the amount of $1,000.00 to be paid by Defendant connection with the filing and hearing of this Petition; and (g) Any further relief which the Court deems appropriate. Respectfully submitted, Sandra L. Meilton, I.D. #32551 TUCKER ARENSBERG & SWARTZ 111 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 ATTORNEYS FOR PLAINTIFF VERIFICATION I, Maxine D. Pipan, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. r ZZK-- - Ma ne D. Pipan (O D 3 DATED: John W. Maynard, Jr. D.D.S. 1902 Market Street Camp Hill, PA 17011 (717)761-0283 Cyril Pipan 1124 Columbus Ave Lemoyne, PA 17043 03/26/2003 ';?ATtEId? ? . '' x DATE 0'iM? R,EAS?N, Cyril Tue. - Apr. 22, 1:30 pm PeriodicX, FMX, ProphyAd Maxine Wed. - May. 28, 2:30 pm SPT Audrey Wed. - May. 28, 3:30 pm FluoridCh, Sealant, Sealant#3, Sealant#14, Sealant#19, Alexandra Tue. - Aug. 19, 1 am PeriodicX,4BWX,ProphyAd DLW I CERTIFICATE OF SERVICE AND NOW, this day of I + t?2G 2003, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that 1 have this day served a copy of the within document, by first class mail, postage prepaid, addressed as follows: Susan Kadel, Esquire P.O. Box 650 Hershey, PA 17033 'jv 0, le," Gloria M. Rine 57877.1 G? c> C_ u) r;ry Q PV ? i MAXINE D. PIPAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 01-3132 CYRIL F. PIPAN, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) AND NOW, this 4th day of April, 2003, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on April 2, 2003, she mailed a certified copy of a Petition for Immediate Relief with attached Rule, by certified mail no. 7099 3400 0016 3623 6252, return receipt requested, to Susan M. Kadel, Esquire, P.O. Box 650, Hershey, PA 17033, counsel for Defendant, and the same was received on April 3, 2003, as indicated by the return receipt card which is attached hereto. Gloria M. Rine Sworn to and subscribed before me this 3rd day of April, 2003. Notary Public (SEAL) Notaziaiseai Pie Pffi6 Thanas, No?ry Public City Of Harrisburg. Dauphin Courm, Iu1Y Common Fig i[es Mar.24, 2IRr? fNSmber, onOf Nc+fi?rr?. _ e t ¦ Complete ftenffi 1, 4isind 3. Adso plat-' item'4 if Restricted Qeliveryis desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SUSAN KADEL, ESQUIRE P.O. BOX 650 HERSHEY PA 17033 M ru Postage It rn fTl Certified Fee .3 Return Receipt Fee ra (Endorsement Required) 0 C3 Restricted Delivery Fee (Endorsement Required) 3. Service Type X$Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yas 2. Articl??ml?er(1opy msUUl,b .36?i!252 - PS Form 3811, July 1999 Domestic Return Receipt 102595.99-M-1789 riJ ui rut 0 M 0 Ir 0 M1 O C. Signature X Aq Agent ? Addressee D. Is Helivery adtl erem from i 1? ? Vea If YES, enter Ob ilivery address b ow: 0 N. Postmark Here ?3 (to ecompleted by mailep ----------k------------------ '-------- Sa 170 33 A. Received by (Please Print Clearly) a.(D/at of DD livery /1 t 7 WJ c. MAXINE D. PIPAN, Plaintiff V. CYR1L F. PIPAN, Defendant JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01-3132 :CIVIL ACTION - LAW :IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire and Beckley & Madden, of Counsel, on behalf of the Defendant, Cyril F. Pipan, in the above-captioned matter. DATED: tU??' Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 omas A. Beckley, Esquire 949k ?__ Eliza eth S. Beckley, Esquir CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the persons and in the manner indicated below. FIRST CLASS MAIL Sandra L. Wilton, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 DATED: Co 141 Elizaketh S. Beckley COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN Commonwealth of Pennsylvania Pennsylvania State Constable n- Michael P. Maugans SERVICE OF PROCESS h?OM 1l^IA/r- A, 7,'Trjj/ vs. DEFENDANT: NAME and ACORESS r mg, Pager 780-8201 (717) 54541148 L J rDateFiled: ocket No.: P/ -,3137 Cis//L ';q q Served upon C 1/,q, r- 1 P7wW Describe Document(s): (Person to be Served) l) ?, ILA %t Q fQa -7 ^9?/B i a/ oC %uc by handing a copy of fi n( & D/- 33e? ?ate C, (/, c ? ?jt.l tox C-l?-YP S?LF (Person Actually Served) (Relationship) on z/.?//a/ , at '? ?-r- .M., at (Date) (Time) (Location) For Landlord/Tenant complaints: Since none of the above found, served by posting a copy of the complaint conspicuously on the premises on at . M., (Date) (Time) e at (Location) ,. .. «.. Miles Traveled: 2re&0V11 lf 2 AOPC 624-95 (Print Name and Title) ? -n ? F _t;rrt :IiOl MAXINE D. PIPAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE CYRIL F. PIPAN, Defendant : NO. 01-3132 ORDER AND NOW, this " day of 2001, it is hereby ORDERED that the Petition for Leave to Withdraw as Defendant's Counsel is GRANTED. Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and the Law Firm of Beckley & Madden are hereby granted leave to withdraw as De matter. Counsel in this J. zopu,o) 0 ?I 9•za-?? s i , '? r,cv ;,;i? :.? - 1i a t C?i? ?Sl 1'„ ?: MAXINE D. PIPAN, Plaintiff V. CYRIL F. PIPAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 01-3132 PETITION FOR LEAVE TO WITHDRAW AS DEFENDANT'S COUNSEL AND NOW comes Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, Of Counsel, and hereby petitions the Court for leave to withdraw as defendant's counsel, and in support thereof avers as follows: 1. In May, 2001, at the request of the Defendant to Elizabeth S. Beckley, Esquire, Beckley & Madden agreed to represent Defendant in the above-captioned matter. 2. Counsel undertook representation in the above-captioned matter based upon a written Retainer Agreement with Defendant, whereby Defendant would pay outstanding invoices on a monthly basis. 3. In early August, 2001, Elizabeth S. Beckley, Esquire, of Beckley & Madden, Sandra L. Meilton, Esquire, Plaintiffs counsel, and Debra Salem of Inner Works, the parties' family counselor participated in a conference call because Defendant walked out of a family counseling session. 4. Since that conference call, Elizabeth S. Beckley, Esquire, has tried to contact the Defendant numerous times both by telephone and by mail; however, the Defendant has failed and refused to respond to counsel. 5. The parties' are also involved in a custody action for which the conciliation conference date was rescheduled so Elizabeth S. Beckley, Esquire, sent the Defendant notice of the same. The Defendant returned the letter to Ms. Beckley unopened with writing on the envelope. A true and correct copy of the envelope is attached hereto marked as Exhibit A and incorporated. 6. Elizabeth S. Beckley, Esquire, contacted the Custody Conciliator, Melissa Greevy, Esquire, explained the situation and requested that she send notice of the new conciliation date directly to the Defendant. 7. Counsel for the Defendant is unable to communicate with the Defendant and therefore unable to effectively represent him in this matter. 8. Elizabeth S. Beckley, Esquire, contacted Sandra L. Meilton, Esquire, about counsels' desire to withdraw from this action and Ms. Meilton indicated that she did not have any objection. Wherefore, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, Of Counsel, respectfully request leave of Court to withdraw as Defendant's Counsel DATED: q-111-u( Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Respectfully submitted, comas A. Beckley ? i 4lie4Sec ey ? d w w ?o N .? 0 T• n ? e V? H 0 ? D? S P P s ? M d a ? rj ; ?e m M r ? Z a o? t? M V ?yl $ z m m m as 5 ¦ r-11, CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the persons and in the manner indicated below. FIRST CLASS MAIL Sandra L. Meilton, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 Cyril F. Pipan 1124 Columbus Avenue Lemoyne, PA 17043 DATED: ?-11 "! l/ El' abeth S. ec 1 C7 G? ?') A y ? Jrn tv -? 4 MAXINE D. PIPAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN DIVORCE CYRIL F. PIPAN, Defendant : NO. 01-3132 PRAECIPE TO WITHDRAW TO: The Prothonotary Kindly withdraw the appearance of Thomas A. Beckley, Esq., Elizabeth S. Beckley, Esq. and the law firm of Beckley & Madden as counsel for the Defendant, Cyril F. Pipan, in accordance with the the attached Order granting leave to do so. DATED: 9 o - -q Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 Respect submitted, m . Beckley liz eth S. Bec ey V t A MAX NE D. PIPAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : IN DIVORCE CYRIL F. PIPAN, Defendant : NO. 01-3132 AND NOW, this Z day o l 2001, it is hereby ORDERED that the Petition for Leave to Withdraw as Defendant's Counsel is GRANTED. Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and the Law Firm of Beckley & Madden are hereby granted leave to withdraw as Defendant's Counsel in this matter. ?.s J. X r r CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, hereby certify that a true and correct copy of the foregoing document was this day served upon the persons and in the manner indicated below. FIRST CLASS MAIL Sandra L. Meilton, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, Pennsylvania 17108-0889 Cyril F. Pipan 1124 Columbus Avenue Lemoyne, PA 17043 DATED: r Eliz eth S. Bec /ey j `err; r MAXINE D. PIPAN, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2001-3132 CYRIL F. PIPAN, : CIVIL ACTION -LAW Defendant, : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Susan M. Kadel, Esquire, on behalf of the Defendant, Cyril F. Pipan, in the above-captioned action. Date: UoL < By: Susan M. Kadel, Esquire James, Smith, Durkin & Connelly LLP Post Office Box 650 Hershey, PA 17033 (717) 533-3280 Attorney I.D. No. 44837 1 c3 ? ? vcc rn ??'-n n G MAXINE D. PIPAN vs Case No. 01-3132 CYRIL F. PIPAN Statement of Intention to Proceed To the Court: Maxine D. P ip an intends to proceed with the above captioned matter. Print Name Sandra L. Meilton SignNan-.e ?r-OC`/??Lr°LvTK? Date: Attorneyfor_ Maxine D. Pipan Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule ofcivil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. It Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course :e.^.irating the matte: Frith prejudice far thil,•,ue to prosecutc." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. e ?i?alC? -'S1 - eaMrton.4.3.,u _fe,u c»-:?_+?:_-?trs?a? - * w'nKi' N R C ?.s om ? O n -; ;=- Q W f MAXINE D. PIPAN Case No. 01-3132 vs CYRIL F. PIPAN To the Court: Statement of Intention to Proceed Maxine D. Pipan inte ds to proceed with the above a oned matter., An lnven F. A nor p ointment or Master will be filed by Plain iff on or before December 1, 007. Print Name Sandra L. Me i l t on _ Sign Name ee _f - - Date: 1 1/ 1/ 0 7 Attorney for Maxine D. Pipan Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pi-Irs e the case, they will tak° ^:o action and "the nrothon:,tar-y shall ent-cr an order as Cf course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. C'> *,,? f ?? ?. `. Y < ?' [tj ? y' ff f'f' ? C+,? Maxine D. Pipan Plaintiff Plaintiff Vs. Cyril F. PiRan : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01 -31 32 Civil Term Defendant Defendant MOTION FOR APPOINTMENT OF MASTER Maxine D. PiRan Olaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: ( Divorce ( Distribution of Property () Annulment ( ) Support Alimony ( Counsel Fees ( Alimony Pendente Lite ( Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, Susan Kadel , Esquire). (3) The Staturory ground (s) for divorce (is) (are) Section 3301(c) of the Divorce Code (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: All of the above (5) The action (involvesXdoes not involve) complex issues of law or fact (6) The hearing is expected to take One Day (hours) (days). (7) Additional information, if any, relevant to the motion: Date: 7 Attorney for (Plaintiff) ( efendant) Print Attorney Name ......... Sandra L. Meilton, Esquire ORDER APPOINTING MASTER AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: ? ?? n - _ .?' --?a ? 3 5-S"t r 7 ?; Q 4?,-,- "[i .?.... n Y_ ?m_. .?3 Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmmglaw.com MAXINE D. PIPAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-3132 Civil Term CYRIL F. PIPAN, CIVIL ACTION - LAW Defendant IN DIVORCE INCOME AND EXPENSE STATEMENT Attached hereto is the Income and Expense Statement of Plaintiff submitted pursuant to Pa. R.C.P. No. 1920.31. ,Sandra L. Meil on Attorney for Plaintiff INCOME AND EXPENSE STATEMENT OF MAXINE D. PIPAN INCOME Employer: CVS Pharmacy Address: One CVS Drive, Woonsocket, RI, 02895 Type of Work: Pharmacist Payroll Number: 0072574 Pay Period (weekly, biweekly, etc.): Weekly Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance other (specify) $ 270.72 $ 25.78 16.79 2.71 8.31 Net Pay per Pay Period: (see attached pay stub) Other Income: Interest/Dividends Pension/Annuity Social Security Rents/Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. $ 212.96 Week Month Year (Fill in Appropriate Column) Total $ $ $ TOTAL INCOME $ 212.96 EXPENSES Home Mortgage/rent Maintenance Utilities Electric Home repairs Oil Telephone/Internet Water Sewer/Trash Employment Public Lunch Taxes Real Estate Personal Income School Taxes Insurance Homeowners Automobile Weekly Monthly Yearly (Fill in Appropriate Column) $ $ 1905.80 $ 100.00 40.00 30.00 400.00 50.18 30.00 66.67 800.00 $ $ $ 818.06 .92 11.00 155.73 1868.75 163.58 1963.00 100.00 Life Accident Health Other Automobile Payments Fuel Repairs Maintenance Registration/Auto Club Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) Education Private school Parochial school College Books/Miscellaneous Weekly Monthly Yearly (Fill in Appropriate Column) S 100.00 40.00 50.00 6.00 72.00 $ 41.67 $ 500.00 33.33 400.00 25.00 33.33 $ 375.00 25.00 400.00 $ 4500.00 300.00 Weekly Monthly Yearly (Fill in Appropriate Column) Personal Clothing Food Barber/hairdresser Personal care Hobbies Laundry/Dry Cleaning Memberships Loans Credit Union Miscellaneous Household help Child care Papers/books/magazines Entertainment Pay TV (Cable) Vacation Gifts N $ 50.00 $ 200.00 25.00 20.00 20.00 15.00 60.00 80.00 10.00 15.00 10.00 Legal fees Charitable contributions Other child support Alimony payments Other Harp Lessons Swimming Lessons TOTAL EXPENSES Weekly Monthly Yearly (Fill in Appropriate Column) $ $ 600.00 $ 4.17 50.00 PROPERTY OWNED Description See Inventory and Checking accounts Appraisement See Inventory and Savings accounts Appraisement See Inventory and Credit Union Appraisement See Inventory and Stocks/bonds Appraisement See Inventory and Real estate Appraisement See Inventory and Other Appraisement 50.00 5.00 60.00 $ 12942.81 ownership* Value H W J TOTAL *H=Husband; W=Wife; J=Joint INSURANCE Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other Company H=Husband; W=Wife; C=Child Policy Coverage* No. H W C I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. §4904 related to unsworn falsification to authorities. Maxine D. Pipan I verify that I have reviewed this form with my client and to the best of my knowledge the answers herein are true and correct. It I/, - 4 aYnd 'L eil on Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this day of LbA&r- , 2007, I, - V- Jennifer L. Carl, Paralegal for the firm, Daley Zucker Meilton Miner & Gingrich, LLC., hereby certify that I have, this day, served the within document on counsel for Plaintiff, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Susan Kadel, Esquire P. 0. Box 650 Hershey, PA 17033 Attorney for Defendant J n'fer L. Ca Paralegal f y r... ? ., `,_?? `Tl ?? rYi C.. J ? r .., e ,_? ""??_'? .._.,. J ...? ? ?-' ..A: ... ...., `"C.. Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeilton@dzmmglaw.com MAXINE D. PIPAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-3132 Civil Term CYRIL F. PIPAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY AND APPRAISEMENT OF MAXINE D. PIPAN I, Maxine D. Pipan, file the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. I verify that the statements made in this inventory and appraisement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ell Maxine D. Pipan, Plaintiff 0 ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities (x) 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans (x) 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other 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: Item Number Description of Property Names of all Owners 18 Rite Aid 401(k) Cyril F. Pipan 18 Ahold USA, Inc. 401(k) Cyril F. Pipan 19 Prudential Retirement Cyril F. Pipan Plan No. 006742 19 TIAA CREF Cyril F. Pipan 2 1994 BMW Maxine Pipan 2 1996 Ford Cyril Pipan 18 401(k) Maxine Pipan 5 Checking Account Maxine Pipan 5 Checking Account Cyril Pipan 6 Savings Account Maxine Pipan 6 Savings Account Cyril F. Pipan 18 Rite Aid 401(k) Cyril F. Pipan 25 Miscellaneous Household Items Cyril/Maxine Pipan NON-MARITAL PROPERTY Plaintiff lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Name of Item Number Description of Property all Owners 11 416 Allendale Way Maxine D. Chocha Camp Hill, PA 17011 PROPERTY TRANSFERRED Reason for Exclusion Gift Plaintiff lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: Item Number Description of Property Names of all Owners 11 416 Allendale Way Maxine D. Chocha Camp Hill, PA 17011 1 14 36' St. BEC LLC Eldorado Condominium, Unit 302 Ocean City, MD 21842 LIABILITIES OF PARTIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date action was commenced: Name of Names of Description of Debt Creditor All Debtors Credit Card AAA Financial Services Maxine D. Chocha Dental Bill John W. Maynard, Jr., D.D.S. Cyril Pipan Loan Ahold USA, Federal Credit Union Cyril Pipan YMCA Bill West Shores YMCA Maxine Chocha-Pipan Mortgage Chase Home Finance Cyril F. Pipan, Jr. Maxine Chocha-Pipan Credit Card Discover Maxine Chocha-Pipan Credit Card Sears Maxine Chocha-Pipan CERTIFICATE OF SERVICE AND NOW, this day of Ot&in, 2007, I, Jennifer L. Carl, Paralegal for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have, this day, served the within Inventory and Appraisement on Defendant, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Susan Kadel, Esquire P.O. Box 650 Hershey, PA 17033 Attorney for Defendant L'_0 Je ni r L. Carl, Para egal !+.1 ?3 ?', ? ?? :: -?-? ...Sw) 4 . % ? t Y l . ^; ? s {__?) _. i . • ` ? ?;, ? .. ^ DEC 1 1 zoo7? Maxine D. Pipan Plaintiff Plaintiff Vs. Cyril F Pi„,nan Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-31 32 Civil Term Defendant MOTION FOR APPOINTMENT OF TER Maxine D Pinan nTlaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: ( Divorce ( Distribution of Property () Annulment () Support Alimony ( Counsel Fees ( Alimony Pendente Lite (1 Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, Susan Kadel , Esquire). (3) The Staturory ground (s) for divorce (is) (are) _Section 3301(c) of the Divorce Code (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect 'to the following claims: c. The action is contested with respect to the following claims: All o the above (5) The action (involves)(does not involve) complex issues of law or fact (6) The hearing is expected to take one Day (hours) (days). (7) Additional information, if any, relevant to the motion: Date: 7 Attorney for (Plaintiff) ( efendant) Print Attorney Name ......... Sandra L. Meilton, Esquire %imunn.arrvll. 1 it v . AND NOW, 20, is appointed master with respect to the following claims: Esquire By the J. r Lt.... t.:_r r' } ? J q aC'?? SJ +? \ Sandra L. Meilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton ,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAXINE D. PIPAN, Docket No. 01-3132 Plaintiff V. CIVIL ACTION-LAW CYRIL F. PIPAN, Defendant (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 at the Cumberland County Court House, 1 Courthouse Square, 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 or (800) 990-9108 andra L. Meilton, No. 32551 Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive, Harrisburg, PA 17109 Attorney for Plaintiff Sandra L. Meilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAXINE D. PIPAN, Docket No. 01-3132 Plaintiff V. CIVIL ACTION-LAW CYRIL F. PIPAN, Defendant (In Divorce) AMENDED COMPLAINT UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Maxine D. Pipan, an adult individual who is sui juris and resides at 120 Highland Drive, Chambersburg, Franklin County, Pennsylvania 17201. 2. Defendant is Cyril F. Pipan, an adult individual who is sui juris and resides at 2508 N. 5t' Street, Harrisburg, Dauphin County, Pennsylvania 17110. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 4, 1988, in Hagerstown, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parities is irretrievably broken. Ninety (90) days has elapsed from the date of filing this complaint. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about May 21, 2001. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, which are subject to equitable distribution by the Court. 11. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT III ALIMONY 12. Paragraphs 1 through 11 of the Complaint are incorporated herein by reference as though set forth in full. 13. Plaintiff has no adequate means of support for herself and is unable to support herself through appropriate employment. 14. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Alimony in her favor. COUNT IV SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES 15. Paragraphs 1 through 14 of the Complaint are incorporated herein by reference as set forth in full. 16. Plaintiff lacks sufficient funds to support herself and pay Counsel fess and expenses incident to this action. 17. Defendant is full well an able to pay Plaintiff Spousal Support and/or Alimony Pendente Lite, counsel fees and expenses incident to this divorce action. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Spousal Support and/or Alimony Pendente Lite, Plaintiff's counsel fees and the costs of this proceeding. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: By: San dra L. Meilton, Esquir Supreme Court I.D. #32551 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 VERIFICATION I, Maxine D. Pipan, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: --- 0 Maxine D. Pipan t t+..7 CIO ON STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF MAXINE D. PIPAN, CYRIL F. PIPAN, Plaintiff V. Defendant .? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-3132 CIVIL PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Please withdraw the appearance of SANDRA MEILTON, ESQUIRE, as attorney of record for. Plaintiff, MAXINE D. PIPAN, in this matter. 2011 . SANDRA L. MEI TO , ESQUIRE DALEY ZUCKER M ILTON MINER GINGRICH 1029 SCENERY DRIVE HARRISBURG, PA 17109 717-657-4795 SUPREME COURT ID NO. 32551 Please enter the appearance of STACY B. WOLF, ESQUIRE, as attorney for the Plaintiff, MAXINE D. PIPAN, in this matter. °Z5 j 2011 `9tACY B.' F, ESQUIRE WOLF & WO 10 West High Street Carlisle, PA 17013 717-241-4436 SUPREME COURT ID NO. 88.732 ?'812 J3 F'?i I= 1 MAXINE D. PIPAN, LATHE COURT OF COMMON PLEAS Pla?i SAY AMBERLAND COUNTY, PENNSYLVANIA IrENN V. CYRIL F. PIPAN, Defendant No. 2001-3132 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 22, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: C'v-t ,.??. b -12 -1 z Cyril F. Pipan, Defendant T STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ~~ THE PRBTFia ~'~T"~'t~~~' 112 SEP -!~ PM ~: Q8 CiJMQERl.AND C£ItJ~tY P~~~~ ~~~~~~~ MARINE D. PIPAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CYRIL F. PIPAN, DOCKET NO.01-3132 CIVIL Defendant IN DIVORCE PETITION OF PLAINTIFF'S COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE The petition of Stacy B. Wolf, Esquire, respectfully represents the following: 1. The Petitioner entered her appearance by Praecipe on or about March 1, 2011. 2. The Petitioner attended a conference before the Divorce Master on May 7, 2012. 3. Following the Divorce Master Conference, the Petitioner has been attempting to conta the Plaintiff since May 8, 2012 by mail, phone, and email to discuss the Master's Confe: and preparation for the Divorce Master Hearing scheduled for Thursday, September 6, 2012 at 9:00 a.m. 4. Despite the Petitioner's attempts to reach the plaintiff by leaving numerous voice mail messages, and by writing letters and email messages, the Petitioner has only received return phone message from the Plaintiff since May 8, 2012. 5. The message received from Plaintiff on August 27, 2012 was a message stating the F would meet with the Petitioner on either Wednesday, August 29, 2012 or on Friday, 31, 2012. 6. The Petitioner notified the Plaintiff by phone that the meeting would be on Wednesday, August 29, 2012 at 9:00 a.m. 7. The Plaintiff did not appear for the August 29, 2012 appointment and despite repeated phone calls, a letter and an email being sent, the Petitioner has received no communicati from the Plaintiff. 8. The Petitioner cannot properly prepare for the Divorce Master Hearing on September 6, 2012 without any communication from the Plaintiff and without Plaintiffls documentatio necessary for the hearing. Good cause thus exists pursuant to Rule 1.1 of the Pennsy Rules of Professional Conduct fox Petitioner's withdrawal. 9. The continued representation of the Plaintiff without the necessary communication has resulted and will further result in an inability to adequately and competently represent the Plaintiff in this matter. Good cause thus exists pursuant to Rule 1.1 of the Pennsylvania Rules of Professional Conduct for Petitioner's withdrawal. 10. The undersigned counsel believes and therefore avers that no prejudice would be by her client if the instant motion is granted. 11. Defendant's counsel, Susan Kadel, Esquire, has concurred in the filing of this petition. WHEREFORE, Petitioner requests that this Court grant Petitioner leave to withdraw her for Plaintiff in this action. Respectfully submitted, Wolf & Wolf September ~, 2012 Stacy B. W ,Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 1 - VERIFICATION I verify that the statements made in the foregoing Petition of Plaintifps Counsel for Leave Withdraw Appearance are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein may subject to me to the penalties of Pa.C.S. Section relating to unsworn falsification to authorities. September ~, 2012 Stacy B. Wc~lf~ Esquire MARINE D. PIPAN, IN THE. COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CYRIL F. PIPAN, DOCKET N0.01-3132 CIVIL Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I mailed a true and correct copy of the foregoing Petition of Plaintiff s Counsel for Leave to Withdraw Appearance to the below-listed persons: Maxine Chocha-Pipan 416 Allendale Way Camp Hill, PA 17011 Susan Kadel, Esquire James Smith Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 Counsel for Defendant Dated: September ~, 2012 Stacy B. W Esquire STAGY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF ~° ~~.~D-C3~r 2~i2 SEP -4 PM 4= 10 CU .PE~h~N Y~ AN A TY MARINE D. PIPAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CYRIL F. PIPAN, DOCSET N0.01-3]32 CIVIL Defendant IN DIVORCE MOTION FOR CONTINUANCE NOW comes the plaintiff, Maxine Chocha-Pipan, by her attorney, Stacy B. Wolf, Esquire, presents the following motion for continuance of the September 6, 2012, Divorce Master Hearing, representing as follows: 1. Plaintiff is Maxine. Chocha-Pipan (hereinafter "Wife") in the above captioned currently resides at 416 Allendale Way, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Cyril F. Pipan (hereinafter "Husband") who currently resides at 1708 J Chowning Way, New Cumberland, Cumberland County, Pennsylvania. 17070. 3. A Divorce Master Hearing is scheduled for Thursday, September 6, 2012 at 9:00 4. A Divorce Master Conference was held on May 7, 2012. 5. Since May 7, 2012, the undersigned has had no contact with Plaintiff, despite the undersigned's repeated attempts to contact Plaintiff by telephone, mail, and email. 6. Despite the undersigned's numerous attempts to contact Plaintiff concerning her representation and to prepare for the upcoming Divorce Master Hearing, the undersigned has been communicate with Plaintiff to adequately prepare for the upcoming hearing. who to 7. Contemporaneous with the filing of this motion, the undersigned is filing a Petition ~or Leave to Withdraw Appearance. The undersigned contacted Susan M. Kadel, Esquire, counsel for Defendant, for in the filing of this motion and such concurrence was given. WHEREFORE, Plaintiff, Maxine Chocha-Pipan, respectfully requests that the Court issue rescheduling the Divorce Master Hearing, currently scheduled for September 6, 2012, at 9:00 a.m., any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF Dated: September ~, 2012 By: ~_ Stacy B. lf, Esquire 10 West h Street Carlisle, PA 17013 (717) 241-4436 . Supreme Court I.D. No. 88732 Attorney for Plaintiff Order with VERIFICATION I, the undersigned, do hereby verify I am counsel for Plaintiff, and the facts set forth in this are true and correct to the best of my 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 to ~ ~,. ~ ~- September 4, 2012 Stacy B. W I Counsel for Plaintiff STAGY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARINE D. PIPAN, Plaintiff v. CYRIL F. PIPAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.O1-3132 CIVIL IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify this day that I have served a true and correct copy o Plaintiff's Motion for Continuance upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Maxine Chocha-Pipan 416 Allendale Way Camp Hill, PA 17011 Susan M. Kadel, Esquire James Smith Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 Counsel for Defendant Respectfully submitted, WOLF & WOLF Dated: September 4, 2012 By:~.---" - ~~~ Stacy B. Wo ,Esquire 10 West H' JStreet Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff -. MARINE D. PIPAN, Plaintiff v. CYRIL F. PIPAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCSET NO.01-3132 CIVIL IN DIVORCE ORDER OF COURT AND NOW this S~day of , 2012, upon consideration of the attached Motion, it is hereby ordered that the Divorce Master Hearing scheduled for September 6, 2012, at 9:00 o'clock a.m., be rescheduled to ~ ~~~ir-o.v ~ , 2012, at ~:~ o'clock ~.m. BY THE COURT: J• Distribution: / Stacy B. Wolf, Esquire ~ ~ ">i ~ Susan M. Kadel, Esquire ine Chocha-Pipan ~ M .,,~~ r*iw r:.a ~ --1 ax ""' `~7 '~ ' ~~,~ es µ•~, /Pd 9~s~a Z~ .. ~~ ~ Tt i r~ ~~ ~+~ ~ ~ ~-} ~, ~~ ~-~ w fit,., -. MARINE D. PIPAN, CYRIL F. PIPAN, Plaintiff v. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0.01-3132 CIVIL IN DIVORCE ORDER PERMITTING WITHDRAWAL OF PLAINTIFF'S COUNSEL AND NOW, this ~~day of , 2012, upon consideration of the verified Petition of Plaintiffis Counsel for Leave to Withdraw Appearance, it is hereby ORDERED and DECREED that said petition is GRANTED and that the petitioner, Stacy B. Wolf, Esquire, be permitted to withdraw her appearance of record for the Plaintiff in the above-captioned matter. Distribution: / Stacy B. Wolf, Esquire ~ ~ Susan M. Badel, Esquire ~ C -° +„~ 'a!' ~# ~ Maxine Chocha-Pipan r ri. ~ v ' ~~ r-' - ~ ~ tY f ~ ~ - ~ L'oP`,es ~,~/P~ y/S~i~ cn ~ ~~ ~ ~, ~ a , ~ n° ~ -o ~ ~- - ? y„c w ~ sr., ` :-+ MAXINE D. PIPAN, Plaintiff v. CYRIL F. PIPAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-3132 Civil Action -Law IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, Maxine D. Pipan, in the above- , captioned matter. Respectfully Submitted, i / ' ~` LL/~4" ~~'1 ~4 Mary M as, Esquire Saidis, Suf ' an & Rogers Attorney ID #84919 26 West High Street ~ ~ _, Carlisle, PA 17013 c „~ ~' ~'s (717} 243-6222 ~~ ,o ~ ;~, i ~ ~ `~r=- ~ Dated: .: -r !~_ r „~~ D N ~~,~.' ~ ~ 1 DC C xs ~- z ~ Z ~, C, C~ t~ ~' ~' , ~ - --~' ' --t .~- 2~ Law Offices of _ Saidis Sullivan & Rogers '( West High Street Carlisle, PA 1?D13