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Home My WebLink About01-04662IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ';, .:~~ CHRISTINE L. STAVER, ~ O 07-4662 CIVIL Plaintiff VERSUS RICHARD S. STAVER, Defendant DECREE IN DIVORCE AND NOW, a,., y~ Zeal , IT IS ORDERED AND DECREED THAT CHRISTINE L. STAVER ,PLAINTIFF, AND RICHARD S. STAVER ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WH[CH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ALL ECONOMIC CLAIMS HAVE BEEN SPECIFICALLY RESOLVED. BY THE COURT: ~~~ AT~T: J , PROTHONOTARY - _ _ .. ,. ~. ~s ~/L i x~wx~~sw,rarssn mr yxaaPx~~. ~v ~-~.. _ .. ~°~P°SP~~xzxgae _ CHRISTINE L. STAYER, Plaintiff v. RICHARD S. STAYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4662 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSM{T RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail, Restricted Delivery, Return Receipt Requested signed by Defendant on August 9, 2001 and attached as part of the record. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff 1-23-03 ; by Defendant 1-23-03 4. Related claims pending: NONE Date Plaintiff s Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 1-23-03 ; by Defendant 1-23-03 Respectfully submitted, Date: / -2~-°} ~ ~---~ Mindy S. Goodman, Esquire I.D. No. 78407 2215 Forest Hi11s Drive -Suite 35 Harrisburg, PA 17112 (717)540-8742 c~ ~ ~~ c_ ~-T c._ 7f'_ N -G~-" -`~t1 G[i 1 _.. p~ s %t~~ Z L~ ~~ =;~n ~. ~ ~~ ~ ~ SJi G ~~L L=~ a_ . _. - s=~~.a+s re w. ~r--, s _ --€'~issv~sx"ea4y'x~smre r.-~mm ~. o~v~i,~i ~w CHRISTINE L. STAVER, Plaintiff vs. RICHARD 5. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O1 - 4662 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~~Rp( day of , 2003, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on January 23, 2003, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsquently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, G o e E. Hoffer, .J. cc: Mindy S. Goodman Attorney for Plaintiff Karl R. Hildabrand 9 Attorney for Defendant ~Q["" ,~,~ ' t ;, Y b11Jt~i11ASNN3d d1(~~iU i~C ~?t, CHRISTINE L. STAVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. O1 - 4662 CIVIL RICHARD S. STAVER, Defendant IN DIVORCE THE MASTER: Today is Thursday, January 23, 2003. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Christine L. Staver, and her counsel Mindy S. Goodman, and the Defendant, Richard S. Staver, and his attorney Karl R. Hildabrand. This action was commenced by the filing of Complaint in divorce on August 3, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony pendente lite, and counsel fees and expenses. No claim for alimony was raised in the complaint; however, an amended complaint was filed today with the Prothonotary raising the claim of alimony. With respect to the grounds for divorce, the parties have provided the Master with signed and dated affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master has been advised that after negotiations the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties may determine that they have sufficient time today to come back to the Master's office, review the document for typographical errors, and then affix their signatures affirming the terms of settlement stated on the record at this time. In any event, whether or not the agreement is signed by the parties affirming the settlement, they are bound by the terms of the agreement when they leave the hearing room today as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on June 19, 1976, and separated September 27, 2000. They are the natural parents of two children who are emancipated. Mr. Hildabrand. MR. HILDABRAND: Thank you. We had an opportunity to discuss in detail all matters and the parties have reached an agreement. I will now state the terms of the agreement for purposes of the record. 1. The parties are joint owners of a residential property located 15 Hot Point Avenue, Shippensburg, Pennsylvania. The estimated value of the property is $70,500.00 and there is a balance due on the mortgage at present of $2,792.73. Mr. Staver will transfer all of his right, title and interest in the property to Mrs. Staver and Mr. Staver will agree to continue making payments until the mortgage is paid off in full and then the property will be owned entirely by Mrs. Staver. Mr. Staver will continue the insurance on the property until the mortgage is paid off. The real estate taxes on the property are presently escrowed and Mr. Staver will see that they are paid as well hopefully from the escrow account. Following the completion of the payment of the mortgage wife will be responsible for the payment of all expenses connected with the property including real estate taxes, insurance, upkeep, and what have you. 2. There is a 2000 Monte Carlo automobile which is presently leased with a monthly payment of $360.00. That lease is owed through May of 2003. Mr. Staver is currently in possession of that vehicle and he will make those lease payments until the lease is paid off. 3. There is a 1997 Jeep Cherokee automobile which presently has a balance due at Orrstown Bank of $3,785.00. Mr. Staver will make the necessary payments to see that the Jeep Cherokee is paid off. In addition, he will transfer all of his right, title and interest in the vehicle to Mrs. Staver. 4. The household furnishing and personal property presently in the possession of wife shall become the sole property of wife with the exception of the following items: Husband's scrapbook; husband's baseball cards and related sports items. Wife will provide the aforesaid items to husband within 20 days of the date of this agreement. 5. The household furnishings and personal property presently in the possession of husband shall become the sole property of husband. 6. There was a certificate of deposit of $1,000.00 which was in wife's possession and that will become wife's separate funds. 7. At the time of separation wife was in possession of $1,300.00 from the joint bank account. That sum shall become wife's sole and separate property. 8. Husband is presently employed by Martin Famous Pastry Shoppe, Inc., in Chambersburg and through his employment he has a 401(k) and profit sharing plan which has two components, an employee deferral component and an employer contribution component. Both components, shall become the sole and separate property of husband and wife hereby waives any and all claims that she may have to husband's retirement accounts. 9. There was a life insurance policy with Prudential Financial which husband has cashed in in the amount of $4,599.13. Husband presently has those funds in an account. Within 20 days from the date of this agreement, husband shall transfer that sum to wife. 10. The home equity loan with Orrstown Bank which had a balance of $2,400.00 has been paid in full by husband. 11. The Visa account had a balance of $640.00 at the date of separation. That has been paid off by husband. 12. Husband agrees to pay to wife within 20 days of the date of this agreement the sum of $1,000.00 toward wife's counsel fees; otherwise, both parties will bear the costs of their counsel fees and expenses. 13. Husband agrees to pay to wife alimony at the rate of $150.00 per week for two years from the date of divorce. The alimony payments shall be paid through the Cumberland County Domestic Relations Office and the parties shall cooperate to see that that is set up through that office. The alimony is non-modifiable and subject to termination based on the code provisions, death of either party, cohabitation of wife with a person of the opposite sex, and remarriage of wife. 14. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. GOODMAN: Mrs. Stayer, were you present during the reading of the agreement between the parties? MRS. STAVER: Yes. MS. GOODMAN: Do you understand the terms of the agreement? MRS. STAVER: Yes. MS. GOODMAN: Are you in agreement with the terms of the settlement as dictated by attorney Hildabrand? MRS. STAVER: Yes. MR. HILDASRAND: Mr. Stayer, again, I would ask you the same questions. Were you present during the reading of the terms of the agreement? MR. STAVER: Yes, I was. MR. HILDABRAND: Are you agreeable to those terms? MR. STAVER: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law-and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ~" ~'~~>~.M--~ ~ - Z 3 - o Z Mindy S. Goodman Attorney for Plaintiff ~~z~.~ / z3~ a ~ Karl R. Hildabrand Attorney for Defendant Christine L. Staver Richard S. Staver CHRISTINE L. STAVER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA RICHARD S. STAVER, :CIVIL ACTION -LAW 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, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. 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 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 CHRISTINE L. STAVER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA RICHARD 5. STAVER, :CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICIA Le han Demando a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted deve presentar una apariencia excrita o en persona o por abogado y archivar en to torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted nose defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates Para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASiSTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 ,, CHRISTINE L. STAVER, Plaintiff v. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA No. of - ry"a,, ~ivi1.~E2w~ CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE DIVORCE AND NOW, comes the Plaintiff, CHRISTINE L. STAVER, by her attorney, Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, CHRISTINE L. STAVER, is an adult individual who currently resides at 15 Hotpoint Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, RICHARD S. STAVER, is an adult individual who currently resides at 12880 Stonewall Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff's Social Security Numbers is 187-48-3790. 4. The Defendant's Social Security Number is 160-48-8082. 3 ~. , 5. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 6. The Plaintiff and Defendant were married June 19, 1976, in Franklin County, Pennsylvania, and separated on September 27, 2000. 7. The Plaintiff avers that there is one child born of the parties under the age of 18, namely: Name: Date of Birth: Nick A. Staver September 26, 1984 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 9. The cause of action and section of the Divorce Code under which the Plaintiff is proceeding is: 23 Pa. Cons. Stat. § 3301 (c) or, in the alternative, 23 Pa. Cons. Stat. § 3301(d). The marriage of the parties is irretrievably broken. 10. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 11. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. 4 WHEREFORE, Plaintiff requests This Court enter a Decree of Divorce in her favor. COUNTI EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, from the date of their marriage until the date of their separation. 14. 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 II ALIMONY PENDENTE LITE. SUPPORT, COUNSEL FEES AND EXPENSES 15. Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. s 16. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 17. Plaintiff is without sufficient funds to support herself and to meet the costs and expehses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 18. Plaintiff's income is not sufficient to provide for her reasonable needs and pay attorneys' fees and the cost of this litigation. 19. Defendant has adequate earnings to provide support and alimony pendente lite far Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests your Honorable Court to compel Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. Respectfully submitted, ~~~-~ ~-~ Mindy S. Goodman Attorney at Law Attorney I.D. No. 78407 2080 Linglestown Road Harrisburg, PA 17110 (717)540-8742 Attorney for Plaintiff 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. Cons. Stat. § 4904, relating to unsworn falsification to authorities. DATE: "o~J'""G?®©~ Christine L. Stav ~~~:,~~ 4 N. ~ ~~ ~ o o ~~~ ~,~ ~~ c~C ~ ~ ~ ~ , _~, ~ ~ ~~ ~ ~ ~. _~ ~ 1..J V S~ - m rv-~ _ f r '_. It'~~ -~ ~ " t..4) I .. .. i _ _ s _~ ~~ __ - F ~ i ...~la i"-. ~7 i ~J :~ r~ CHRISTINE L. STAVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ND. O1-4662 CIVIL TERM RICHARD S. STAVER, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 3, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of 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. 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. ~ 4904 relating to unsworn falsification to authorities. Date. ~ `/ /~`~~ ~~ vv ~ Christine L. Staver ° w ~ {~~t ~ :ate .~ , 1 - ~r , 7 N "'c3 `k 5 ~ "7 U} ; G: ~ » ~~ M 5~ -~ w. tD -~{ i - r~ 5~~ CHRISTINE L. STAVER, Plaintiff v. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4662 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. Date:~~~o~(~Q,~ Christine L. Staver cs r- ° ~~ . . ~t`~ ~ ! t G - '". ~- ~~ ~-a ~ gV ~O n~.~ G~~. CHRISTINE L. STAVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4662 CIVIL TERM RICHARD S. STAVER, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 3, 2001, 2. T'he marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of 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. 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. ~ 4904 relating to tmswom falsification to authorities. Date: Z3 2e9c~3 I Ric and S. Stayer ~ ~, w rt = ~ ~ ~ ~~ ~ ~ ~ - J.~K C~ ~ ~ ~ _-~ T. A ~ ~~~~ ~ ~~~ ~r~i /~CJ~ / // / L u ~ _ .~'4M~Fv 8!X'cPoLa!3ih4Yi4F"fi. a ~.f ~~1.2k~s~1$S~~iRW~~$ ~ _ CHRISTINE L. STAVER, Plaintiff v. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-4662 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c} OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. .~ Date: `Z'3 2~ 3 Richard S. Staver O W ~ .si 'FAtY7 t" :~ ~2` ~' j^7-ri ~~ tV -arm ~~ °O ~ - r rs _ A' ` ~' ~~ , }i i# ~ ~ j w '! ~.~ ~~~ CHRISTINE L. STAVER, Plaintiff v. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4662 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Mindy S. Goodman, Attorney at Law, certify that on the 5th day of August, 2001, I served a true and correct copy of the Complaint in Divorce upon the Defendant, Richard S. Staver, by depositing the same in the United States First Class Mail, sent Certified, Restricted Delivery, Return Receipt Requested. A copy of the Return Receipt is attached hereto. I verify that the statements made in this Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. ~~x_a .~ Mindy S. Goodman Attorney at Law ID No. 78407 2215 Forest Hills Drive -Suite 35 Harrisburg, PA 17112 (717)540-8742 p~ ` .,~ ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the cartl to you. ~ Attach this card#o the back of the mailpiece, or on the front if space permits. j t. Article Addressed [o: Mr: Richard S. Stever ~, , 12880 Stonewall Road ~ ~ Shippensburg, PA 17257 A. Received by (Please Pnnt GYeanyl 16. C. Sin re/J_Z~K~~~j~//// C .Y ~iJ/(~,/,J ~,t/''~14j~'l ^ Agent n .. .,..__,. O,VIS delivery address tliiferent from Item 1? u Ye! If YES, enter delivery~ddress below: ^ No ~/ n f 3. S~'ice Type ~j Certifietl Mail ~ Express Mail (7 Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. '~ 4. Restricted Delivery? (Fxt2 Fee) yes 1 i 2. Article Number (Copy 7rom service label) ~ )Zcrc3a e>t.,_oe9 y?.2.:.~ -1a0Yil- ~'~46 - (` _ PS Form .3811, July Y999 ~ Domestic Retircn Receipt ~ - +ozsss•as-ana7ae 4 x C Ca y !# ~ l..? :Lxn __ 7_ C` N -; t-rt ~:. 4rJ - i,~ 1 Cup ~-- . ~: .~1 3 .~ CJ7 -C __ _ _._ ,~&Yf~S':13<2~ a -s ,tuo- i nw~~~r,~,rya~finpF}7nw;grvarwalyd sr-?e~;.:~.~_~~nurot~e~,ze. IN THE COURT OF COMMON PLEAS CHRISTINE L. STAVER, Plaintiff VERSUS RICHARD S. STAVER, Defendant DECREE IN DIVORCE AND NOW, DECREED THAT AND N O. 01-4662 CIVIL LXT/~.. ~~~ IT IS ORDERED AND CHRISTINE L. STAVER ,PLAINTIFF, RICHARD S. STAVER ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ALL ECONOMIC CLAIMS HAVE BEEN SPECIFICALLY RESOLVED DEFENDANT, BY THE COURT: ATTEST: J. PROTHONOTARY CHRISTINE L. STAVER, Plaintiff v. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4662 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO WITHDRAW Plaintiff, Christine L. Staver, by and through her attorney, Mindy S. Goodman, Attorney at Law, hereby withdraws any and all claims she has made for Equitable Distribution, Alimony, Alimony Pendente Lite, and Counsel Fees. Mindy S. Goodman Attorney at Law ID No. 78407 2215 Forest Hills Drive -Suite 35 Harrisburg, PA 17112 (717)540-8742 r w `~ -., .z ~~ -,-~ ~ =_ ~ ,.~ - '~ -~ ~ ~ ^ 1 7 --_r~ - <. t{: ~ ~-~i~ ' Y ~. : ~ C~ ~-n f - ~y ^: tSi -. .. _ ~F.__. __ __ _E~IIRAiI~S=.~ .~ .-.a .i ~.aa~M 'E .x ;hr,! s s.aax u'i ~-rva~sX'eg CHRISTINE L. STAVER, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.~7j - ~j~~sL RICHARD S. STAVER, :CIVIL ACTION -LAW 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, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. 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 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 CHRISTINE L. STAVER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0. RICHARD S. STAVER, :CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICIA Le han Demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) Bias de plazo al partir de la fecha de la demands y la notificacion. Usted deve presentar una apariencia excrita o en persona o por abogado y archivar en to corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demands. Usted puede perder dinero o sus propiedades o otros derechos importanates pars usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 CHRISTINE L. STAVER, Plaintiff v. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE AMENDED COMPLAINT AND NOW, comes the Plaintiff, CHRISTINE L. STAVER, by her attorney, Mindy S. Goodman, Attorney at Law, and files this Amended Complaint seeking alimony and in support thereof avers as follows: 1. Paragraphs 1 through 19 of the original Complaint, filed on August 3, 2001, are incorporated herein by reference as though set forth in full. 2. The Plaintiff, CHRISTINE L. STAVER, is an adult individual who currently resides at 15 Hotpoint Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant, RICHARD S. STAVER, is an adult individual who currently resides at 12880 Stonewall Road, Shippensburg, Cumberland County, Pennsylvania 17257. 4. Plaintiff filed a Complaint in Divorce on August 3, 2001; said Complaint being served on Defendant on August 9, 2001. 3 5. Defendant filed an Answer with New Matter and Counterclaim on or about February 1, 2002. 6. Plaintiff lacks sufficient property, education and work experience to support and provide for herself through appropriate employment. 7. Defendant has the means and ability to support himself and pay alimony to Plaintiff. 8. Plaintiff requests the Court to enter an award of alimony in her favor pursuant to Section 3704 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to compel Defendant to pay Plaintiff alimony after the divorce has been granted. Respectfully submitted, ~ ~~z5~~ ~~, - Mindy S. Goodman Attorney at Law Attorney I.D. No. 78407 2215 Forest Hills Drive -Suite 35 Harrisburg, PA 17112 (717)540-8742 Attorney for Plaintiff 4 •M VERIFICATION I verify that I have reviewed the statements made in this Amended Complaint in Divorce with my client and the statements herein are true and correct. I sign this Verification on behalf of my client in order that the Verification might be filed prior to a scheduled pre-hearing conference with Divorce Master Flicker. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. DATE: J ' Z [ - ~ ~ ~~~A--,~~~--- Mindy S. Goodman Attorney for Plaintiff ~ o ~- c ~' ~_ :~ .9~ ~ -,n7 ~~ (C ~ C y ~~.i X-j LJ ~\ ~~~ ~. ~ ~ n W pA '~. ~ ~ CS? 'may t~> ,~ ~ .rl ~~ v r _ .. ,~'~MA4~_ _ 1~J~?~s~+..i- ten, xn'i9ty 6N., a}4~'~45Fd+W°~~~ .band A?iYF`9~L~.'4'k5 au~a:,xei~,~: CHRISTINE L. STAVER, Plaintiff v. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. ~1 -~It~uZ CIVIL ACTION -LAW 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, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. 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 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 CHRISTINE L. STAYER, : iN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. RICHARD S. STAYER, : C1V1L ACTION -LAW Defendant : IN DIVORCE NOTICIA Le han Demando a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de piazo ai partir de la fecha de 1a demanda y 1a notification. Usted deve presentar una apariencia excrita o en persona o por abogado y archivar en to torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en fa petition do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHRISTINE L. STAYER, Plaintiff v. , RICHARD S. STAYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. CIVIL ACTION -LAW IN DIVORCE AMENDED COMPLAINT AND NOW, comes the Plaintiff, CHRISTINE L. STAYER, by her attorney, Mindy S. Goodman, Attorney at Law, and files this Amended Complaint seeking alimony and in support thereof avers as follows: 1. Paragraphs 1 through 19 of the original Complaint, filed on August 3, 2001, are incorporated herein by reference as though set forth in full. 2. The Plaintiff, CHRISTINE L. STAYER, is an adult individual who currently resides at 15 Hotpoint Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant, RICHARD S. STAYER, is an adult individual who currently resides at 12880 Stonewall Road, Shippensburg, Cumberland County, Pennsylvania 17257. 4. Plaintiff filed a Complaint in Divorce on August 3, 2001, said Complaint being served on Defendant on August 9, 2001. 3 5. Defendant filed an Answer with New Matter and Counterclaim on or about February 1, 2002. 6. Plaintiff lacks sufficient property, education and work experience to support and provide for herself through appropriate employment. 7. Defendant has the means and ability to support himself and pay alimony to Plaintiff. Plaintiff requests the Court to enter an award of alimony in her favor pursuant to Section 3704 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to compel Defendant to pay Plaintiff alimony after the divorce has been granted. Respectfully submitted, ~1 ~~~5'~1~ ~~- Mindy S. Goodman Attorney at Law Attorney I.D. No. 78407 2215 Forest Hills Drive -Suite 35 Harrisburg, PA 17112 (717)540-8742 Attorney for Plaintiff ~i{~a.0~ ~..f'~'naY~ ~ ~ b ~1 ~,ry^ { r,~~ t 5 ~a ~. 6i> d94SiS~~ a ets,+,=,~Wfi a e .~ ~, 3 ,~.~~,~~~~ °' ~$sa6. Pa. ~,'i eq yt ile >si~l~a 4:€:z€,rt St s ~. ~P~"3~S~iS!'t:E VERIFICATION I verify that I have reviewed the statements made in this Amended Complaint in Divorce with my client and the statements herein are true and correct. I sign this Verification on behalf of my client in order that the Verification might be filed prior to a scheduled pre-hearing conference with Divorce Master Flicker. I .understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. DATE: / ' 2 [-v -J ~R~,~~~~-~----- Mindy S. Goodman Attorney for Plaintiff RICHARD S. STAYER vs. CHRISTINE L. STAYER DATE: lU~D ~ , 1 b~ti~~ ~~i ~o; c`_- c~-~.~~a IN TFIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff - CIVL ACTION - LAW • 01 -4662 NO. CIVIL 19 . IN DIVORCE Defendant STATUS SHEET ~, . _~ . -a~--. - ~ ~ ,: D~Uy„~,~, ~~rti,,l~~ld ~ ~(o m~.~rn~ ~,i c~x~ l~~"~Y'U% ~~~ i ~P~-~ ~~ RICHARD S. STAVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. `01 - 4662 CIVIL CHRISTINE L. STAVER, Defendant IN DIVORCE T0: Mindy S. Goodman Attorney for Plaintiff Karl R. Hildabrand Attorney for Defendant DATE: Tuesday, September 10, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. CHRISTINE L. STAVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. O1 - 4662 CIVIL RICHARD S. STAVER Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Mindy S. Goodman Christine L. Staver Counsel for Plaintiff Plaintiff Karl R. Hildabrand Richard S. Staver Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 23rd day of January 2003, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II December 16, 2002 Divorce Master OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240-6535 E. Rol-ert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter September 26, 2002 West Shore 697-0371 Ext. 6535 Mindy S. Goodman Kazl R. Hildabrand, Esquire Attorney at Law NESTICO, DRUBY & HILDABRAND, LLP Northwood Office Center 840 East Chocolate Avenue Suite 35 Hershey, PA 17033-1213 Hazrisburg, PA 17112 RE: Richazd S. Stayer vs. Christine L. Stayer No. O1 - 4662 Civil In Divorce Dear Ms. Goodman and Mr. Hildabrand: Both counsel have indicated that discovery is complete. We will, therefore, proceed on the basis that we will not be dealing with any outstanding discovery issues at the time of the pre-hearing conference. A divorce complaint was filed on August 3, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony pendente lite, and counsel fees and expenses. No claim has been raised by either party for alimony. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, October 21, 2002. Upon receipt of the pretrial statements, I will immediately schedule apre- hearing conference with counsel to discuss the issues and, if necessary, ro Ms. Goodman and Mr. Hildabrand, Attorneys at Law 26 September 2002 Page 2 schedule hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. ~, { ~ ~> NESTICO, DRDBY ~, HILD~BR,AND, LLP ATTORNEYSAT LAW 840 East Chocolate Avenue, Hershey, PA 17033 Phone (717)533-5406 Fax (717)533-5717 October 16, 2002 E. Robert Elicker, II, Esquire Divorce Master Office of Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE: Richard S. Stayer v. Christine L. Stayer No, 01-4662 Dear Mr. Elicker: Enclosed for filing please find the original and one (1) copy (the copy is without exhibits) of Defendant's Pretrial Statement pursuant to Pa. R.C.P. 1920.33 in the above matter. Would you kindly file stamp the extra copy enclosed and return it to me in the self addressed stamped envelope. Thank you. Very truly yours, NESTICO, DRUBY & HILDABRAND, LLP Karl R. Hildabrand :mlp Enclosure cc: Mindy S. Goodman, Esquire Richard S. Stayer RICHARD S. STAVER, Plaintiff VS. CHRISTINE L. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0. 01 - 4662 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE T0: Mindy S. Goodman Karl R. Hildabrand Attorney for Plaintiff Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 16th day of December 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 10/22/02 E. Robert Elicker, II Divorce Master RICHARD S. STAVER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.01-4662 CIVIL TERM CHRISTINE L. STAVER, :CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER APPOINTING MASTER AND NOW, this 3 2002, ~~ {,, y~,t" ~r~.r~~ ,Esquire, is appointed Master with respect to the following clairns: divorce, and distribution of property. BY THE COURT: ~° J. ~~ al~.].9.O~.. C 9_L.02 ~s ~o Gooc~mt~,.~( '~ }~ ~ ~~ o~pra~d ,~ j . )i yIN~t1~1,~SNN~d i;?3 .~ ~~~ £- d35 <a4k 0 ~,n.~.,~ .f. G~°sPi~^A.~ .v.: *°.+~. ~v.s '~'.-„T'rv.4r"6 xa Ri~fi5~N'AL ^~.p£ai§ S~5°3'~N'.~''t~413d~P .f. _ :i ~ ..,. RICHARD S. STAYER, Plaintiff vi. CHRISTINE L. STAYER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4662 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER AND NOW, Richard S. Stayer, Defendant, moves the Court to appoint a Master with respect to the following claims: (x) Divorce (x) Distribution of Property O Annulment O Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is requested. (2) The Plaintiff has appeared in the action by her attorney, Mindy S. Goodman, Esquire. (3) The statutory grounds for divorce are 3301(c) and 3301(d) of the Pennsylvania Divorce Code. (4)' The action is contested with respect to the following claim: (a) Divorce (b) Distribution of Property (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take four 4 hours. (7) Additional information, if any, relevant to the motion: N/A Date: ~~ o!~ NESTICO, DRUBY & HILDABRAND, LLP Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717)533-5406 Attorney for Defendant CERTIFICATE OF SERVICE I, Karl R, Hildabrand, of the law firm yo~f gNestico, Druby & Hildabrand, L.L.P., hereby certify that on the /~. A day of August, 2002, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 ~~~p= ~ t'i."ems"' Karl R. Hildabrand e~ T, :~ 7 =ti~ ~ -r.-. ~, ~.+ - _ _; LC7 _... ~~- --.n Yt ' ~ -' ° `.p - _ ~ryy ~~ ~~. ~$~~n"~?Wr - <ai, 'H~ '=.1?Ee e~&~£Siry*g~t ~T9 } '-(NJ_=ff3~4~5* .mwl s~3_ _~ MINDY S. GOODMAN ATTORNEY AT LAW NORTHWOOD OFFICE CENTER 2215 FOREST HILLS DRIVE • SUITE 35 E-IARRISBUk2G, PA 17112 (717) 540-8742 (717) 540-8743 FAX September 24, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Staver v. Staver Docket No. 01-4662 Dear Mr. Elicker: Enclosed please find the executed Certification of Completion of Discovery in the above-referenced case. Please note that I have relocated my office since the filing of this Divorce action, and all correspondence should be sent to the address above. Thank you for your attention to this matter. Very truly yours, ,Q- ____ 5 Mindy S. Goodman MSG/bsg Enclosure cc: Karl R. Hildabrand, Esquire Chris Staver RICHARD S. STAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 01 - 4662 CIVIL CHRISTINE L. STAYER, Defendant IN DIVORCE TO: Mindy S. Goodman Attorney for Plaintiff Karl R. Hildabrand Attorney for Defendant DATE: Tuesday, September 10, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 1 ' 2`l ~ o ~ DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. NESTICO, DD,[~Y & 1IILDABR~ND, LLP ATTORNEYSAT L9W 840 East Chocolate Avenue, Hershey, PA 17033 Phone (717)533-5406 Fax (717) 533-5717 September 19, 2002 E. Robert EIicker, II, Esquire Divorce Master Office of Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE: Richard S. Stayer v. Christine L. Stayer No. O 1-4662 Dear Mr. Elicker: I am forwarding to you the Certification of Completion of Discovery in the above matter on behalf of Plaintiff Richard S. Stayer. Kindly schedule a pre- trial conference at your first opportunity. Please note that I represent Plaintiff Richard S. Stayer and Mindy S. Goodman represents Defendant Christine L. Stayer. Thank you. Very truly yours, NESTICO,~DjR~UBY 8v~HI~LD~ABRAN~D, LLP Kar . Hildabrand :mlp Enclosure cc: Mindy S. Goodman, Esquire (w/ enc.) Richard S. Stayer (w/ enc.) .. T 1. RICHARD S. STAVER, Plaintiff vs. CHRISTINE L. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 01 - 4662 CIVIL IN DIVORCE TO: Mindy S. Goodman Karl R. Hildabrand Attorney for Plaintiff Attorney for Defendant DATE: Tuesday, September 10, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. j ~~ ~ Z ~ G~,~~~' DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY 7S COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. CHRISTINE L. STAVER, v. RICHARD S. STAVER, Plaintiff Defendant TO: Christine L. Stayer, Plaintff and Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4662 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~~ ~- Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Defendant Dated: ,?- ~' u Z Document #22613/ . i j ~ CHRISTINE L. STAVER, Plaintiff v. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-4662 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER, NEW MATTER, AND COUNTERCLAIM FOR DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. No answer required. 12. Paragraphs 1 through 11 hereof are incorporated herein by reference. 13. Admitted. However, the parties have also acquired marital debt. 14. Admitted. 15. Paragraphs 1 through 15 hereof are incorporated herein by reference. Document#226131 16. Denied. The averments of paragraph 16 are specifically denied and proof thereof is demanded. 17. Denied. The averments of paragraph 17 are specifically denied and proof thereof is demanded. On the contrary, while Wife is capable of working full time, she has elected to work part time thereby limiting her income and her ability to pay for her costs and expenses. 18. Denied. The averments. of paragraph 18 are specifically denied and proof thereof is demanded at trial. The response to paragraph 17 above is incorporated herein by reference. 19. Denied. The auennents of paragraph 19 are specifically denied and proof thereof is demanded at trial. The response to paragraph 17 above is incorporated herein by reference. NEW MATTER AND COUNTERCLAIM FOR DIVORCE 20. The averments of paragraphs 1 through 19 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference. 21. The marriage is irretrievably broken. 22. Defendant has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. 23. Defendant requests the Court to enter a Decree of Divorce pursuant to 23 Pa. C.S. §3301(c) or 23 Pa. C.S. §3301(d). 24. During the marriage the parties acquired property and debts and it is requested that the Court equitably divide and distribute said property and debts. -2- Document #226!37 ~.~ WHEREFORE, Defendant respectfully requests that this Court grant the relief set forth herein. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. y Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Defendant Dated: ~~ ~' ~~- -3- Document #216731 *,~ VERIFICATION I verify that the statements made in this Answer 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. Dated: .~ Z ~ 7~~ L Document #226131 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Defendant's Answer, New Matter, and Counterclaim for Divorce with reference to the foregoing action by First Class Mail, postage / S' ~ prepaid, this ( y of 2002, on the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ar . Hildabrand, Esquire Document !!22613! n ~: emu' ~~ ^, -~ ~=.`'. ~'= '' ~_ _ r-` '= ~ ; '~, c= c.~ -;' .:~ .o, •~ s;' z . ,t~pS"~M1~- a:;3r:u .,,a=pfr?s~em,9.ssrrr.&rnxsa =k aa8,?F?~tFt~.Y6 MILADY S. GOODMAN ATTORNEY AT LAW NORTHWOOD OFFICE CENTER 22l S FOREST HILLS DRIVE • SUITE 35 HARRISBURG, PA 17l 12 (717) 540-5742 (717) 540-8743 FAX October 17, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Cariisie, PA /7013 FtE: Staver v. Staver Docket No. 01-4662 Dear Mr. Elicker: Enclosed please find the Plaintiffs Pre-trial Statement in the above-referenced case. A copy has been sent to Defendants counsel. Thank you for your attention to this matter. Very truly yours, Mindy S. Goodman MSG/bsg Enclosure cc: Karl R. Hildabrand, Esquire Chris Staver CHRISTINE L. STAVER, v. RICHARD S. STAVER, To the Prothonotary: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO.OI-4662 CIVIL TERM CIVIL ACTION -LAW Defendant IN DIVORCE ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Defendant, Richard S. Staver , in the above referenced matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Defendant Dated: ~ ~ ~ Document #; 213422./ CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P. C., hereby certify that I served a true and exact copy of the Entry of Appearance with reference to the foregoing action by First Class Mail, postage prepaid, this ~~ day of August, 2001, on the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, Y.C. Karl R. Hildabrand, Esquire Document N: 1]3422.1 ~~. ~_~~ 'T3 (j j ~ _, ~r~' ' ~ <.' c<r ~.- .__ . o 'S - r - C'~ ' ~?,' ~y ~ ~, :x'h+ , -' - S. T ~ ~ _~ _ ~ ~J - -j ~ ~~ ~G f,.v ~= -*: - RP*";Fi,~R1... ~icn3fM~*m ~ Gen:v~:,~;t:+yf e ,.~:..,, .,;:.,_:uh ;a.C'".`?,-vr~e- -ar -.=;-;rv.S+Pis#'f~»W "~ RICHARD S. STAVER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.01-4662 CIVIL TERM CHRISTINE L. STAVER, :CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Metzger, Wickersham, Knauss & Erb, P.C. in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: `" Steven P. Miner Attorney I.D. No. 38901 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Plaintiff, Richard S. Stayer. NESTICO, DRUBY & HILDABRAND, L.L.P. By. ~~ ~ C rl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby 8v Hildabrand, L.L.P., hereby certify that on the ~~ day of September, 2002, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 Kar R. Hildabrand w.,:;~, ~ C'7 i=3 rq , x ~ - ~y --_~" ~~ ~:.;, T' *;- ~., . .. ~Z. t. ~ i __ j . f i ~ ~ , < i C. , fir} '. '. fit' . _ .. ... ,. 20~..=tw ..~.. +. .....; t gc.r..s., Eyc+~~wgazdr=„- n~ x+:..:.aT'N3§~. CHRISTINE L. STAVER, IN THE COURT OF COMMON PLEAS OF ' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD S. STAVER, Defendant NO. OI-4662 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT, RICHARD S. STAVER METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~ ~, Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 Andrew C. Spears, Esquire Attorney I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-030C (717) 238-8187 Attorneys for Plaintiff n.,~,.mo.,,a~ ~:xsa> > 07/11 /02 INCOME AND EXPENSE STATEMENT OF RICHARD S. STAVER Employer: Martins Famous Pastry Shoppe, Inc. Address: 1000 Potato Roll Lane, Chambersburg, PA 17201 Type of Work: Sales Payroll Number: 160-48-8082 Pay Period (weekly, biweekly, etc.): week) GROSS PAY PER PERIOD: $1,155.42 Itemized Payroll Deductions: Federal Withholding: $223.98 Social Security: $71.64 Medicare: $16.76 Local Wage Tax: $11.55 State Income Tax: $32.35 Unemployment Tax: Retirement: $23.11 Savings Bonds: Credit Union: Life Insurance: Health Insurance: Other: (specify) NET PAY PER PAY PERIOD: $776.03 Document #: 187494.7 OTHER INCOME: WEEK MONTH YEAR Officiating Basketball $8,149.00 Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Unemployment Comp. Workmen's Comp. TOTAL OTHER INCOME: $8,149.00 TOTAL MONTHLY NET INCOME: $3,783.20 Document #: 187494.1 WEEKLY MONTHLY YEARLY HOME: Mortgage/rent $230.00/300.00 Maintenance $480.00 Repairs UTILITIES: Electric $94.72 Gas Oil $800.00 Telephone $40.00 Water $37.75 Sewer EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate $580.00 Personal Property $200.90 Income INSURANCE: Homeowners $406.00 Automobile $1,279.70 Life Accident Health Other Document a: /87494.1 AUTOMOBILE: Payments $486.48 Fuel $100.00 Repairs Maintenance $178.00 Licenses Registration $108.00 Auto Club $42.00 MEDICAL: Doctor $90.00 Dentist Orthodontist Hospital Medicine Special needs EDUCATION: Private school Parochial school College Religious School lunches $900.00 Books/misc. PERSONAL: Clothing $500.00 Food $3,900.00 Document #; 187494.1 Barber/hairdresser $120.00 Personal care $240.00 Laundry/dry cleaning $60.00 Hobbies Memberships $494.00 CREDIT PAYMENTS: Credit card $60.00 Charge account $20.00 LOANS OR DEBTS: Credit Union MISCELLANEOUS: Household help Child care Camp Pet expense Papers/books/ magazines $150.00 Entertainment $360.00 Pay TV $473.00 Vacation $500.00 Gifts Legal fees $1,500.00 Charitable Contributions $100.00 Religious Memberships Children's Document #: 187494.1 Allowances Other Child Support Alimony payments $200.00 Lessons for Children OTHER: Music Study Sports TOTAL EXPENSES $1,868.95 $13,461.60 Document #: 187494.1 ~. VERIFICATION I, Richard S. Stauer, do hereby verify that the facts set forth in Income and Expense Statement of Defendant, Richard S. Staver, are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworu falsification to authorities. Date: ~l 7sz~2-- ' hazd S. Staver Document #: 238531./ CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Income and Expense Statement of Defendant with reference to the foregoing action by first class mail, postage prepaid, this 7s' day of August, 2002 upon the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. \~l~ ~ ~ J Andrew C. Spears, Esquire n„M,„,o„~a~ ~zett~ i c7 c:> ~, ... - ~, ?4 i Z~~f. f- z;-'' - ~ = - 1; , __ .~, ~'~ .~. ~ r~- c:~ v~ ~~v CHRISTINE L. STAVER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4662 CIVIL TERM RICHARD S. STAVER, CIVIL ACTION -LAW Defendant IN DIVORCE INVENTORY OF DEFENDANT METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By C,.~ ~ ,~--- Karl R. Hildabrand, Esquire Attorney LD. No. 30102 Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717)238-8187 Attorneys for Defendant Document #: 238080.1 ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets in the following pages. (x) 1. Real property (x) 2. Motor vehicles () 3. Stocks, bonds, securities and options (x) 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 O 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties O 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, workmen's compensation clairn/award O 17. Profit sharing plans (x) 18. Pension plans (indicate employee contribution and date plan vests) O 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments (} 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personality (include as a total category and attach itemized list of distribution of such assets in dispute () 26. Other Document #: 238080.1 a MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have legal or equitable interest individually or with any other person as of the date this action was commenced. Item Description No. of Property Real Estate 1. I S Hot Point Avenue Names of All Owners Value Joint $85,000.00 Shippensburg, PA 17257 Vehicles 1. 2000 Monte Carlo 2. 1997 Jeep Cherokee 3. 1993 Subaru Legacy Life Insurance 1. N/A Joint Investments 1. N/A Husband Investments 1. N/A Wife Investments 1. N/A Leased Unknown Husband $5,000.00 Husband $3,000.00 Document#:2380801 Item Description No. of Property Joint Bank Accounts 1. Savings Husband Sank Accounts 1. Wife Bank Accounts 1. Personal Property 1. Household furnishings and personal property 2. Household furnishings and personal property 3. CD Husband Retirement I . Martin's Famous Pastry Shop, Inc., Retirement Plan Wife Retirement 1. Names of All Owners Value Joint Balance: $1,300.00 (in wife's possession) Husband $5,000.00 Wife $20,000.00 $1,000.00 (in wife's possession) Husband $56,406.98 Document #: 238080.1 NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. Names Item Description of All Reason for No. of Property Owners Exclusion 1. 2. 3. 4. 5 6. 7 8. 9 10. 11 Document#:238080.1 Item No. 2. 3. 4. Description of Property Document k: 238080.1 PROPERTY TRANSFERRED Date of Transfer Consideration Person to Whom Transferred LIABILITIES Item Description No. of Property 1. Mortgage 2. Home Equity Loan 3. 1997 Jeep Cherokee 4. 2000 Monte Carlo 5. Credit Card Names Names of All of All Creditors Debtors Balance Due Allfirst Bank Joint $5,400.00 Orrstown Bank Joint $1,900.00 OrrstownBank Husband $7,100.00 Joint $360lmo unti12003 Visa Joint $640.00 Documen[ #: 238080.7 VERIFICATION I, Richard S. Staver, do hereby verify that the facts set forth in the Inventory of Defendant are true and correct to the best of my personal knowledge or information and belief. 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: ~ ~ ~ Z Ric and S. Staver Document#:238080.! CERTIFICATE OF SERVICE 1, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Inventory of Defendant with reference to the foregoing action by first class mail, postage prepaid, this 7~' day of August, 2002, upon the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~~ Andrew C. Spears, Esquire Document #: 238080.] c~ z „~; ,~., - ,r-~ ; ~~ c , - ;,, t~ ., '~ _ ; -, %; _- _~ ~.;; r ~ ;. ;!-~ rri -< V <_; >> -A? -c v~ ~~ CHRISTINE L. STAVER, Plaintiff v. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4662 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S PRETRIAL STATEMENT PURSUANT TO PA. R.C.P. 1920.33 1. List of Assets (i) Marital Assets -See Exhibit "A" attached hereto and incorporated herein by reference. (ii) Noii-Marital:Assets -See Exhibit: "B" attached hereto-and incorporated herein by reference. 2. Expert Witnesses - If the parties are unable to stipulate to the value of the marital home an appraiser will testify. 3. Witnesses (i) Richard S. Stayer (ii) Christine L. Stayer (iii) Real Estate Appraiser -Valuation of Real Estate 4. List of Exhibits -See Exhibit "C" attached hereto and incorporated herein by reference. 5: Oros Income and Net Income as Reflected.on Most,ReGent State and Federal Income Tax Returns and Pav Stubs -See Exhibit "D" attached hereto and incorporated herein by reference. 6. Expense -See Exhibit "D" attached hereto and incorporated herein by reference. 7. Valuation of Pension or Retirement Benefits. Marital Portion Thereof, and Supporting Documentation -See Exhibit "E" attached hereto and incorporated herein by reference. 8. Claim for Counsel Fees - N/A. 9. Valuation of Personal Property -See Exhibit "A" attached hereto and incorporated herein by reference. 10. Marital Debts -See Exhibit "F" attached hereto and incorporated herein by reference. 11. Proposed Resolution of Economic Issues -See Exhibit "G" attached hereto and incorporated herein by reference. Respectfully submitted, NESTICO, DRUBY 8v HILDABRAND, L.L.P. ~~~~ R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 Date: ~ / L" C~~~--~ (717) 533-5406 (717) 533-5717 Attorney for Defendant ,,~., CERTIFICATE OF SERVICE I, I{arl R. Hildabrand, of the law firm o/f Nestico, Druby & Hildabrand, L.L_P., hereby certify that on the ` ~ day of October, 2002, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 Karl R. Hildabrand CHRISTINE L. STAVER, : IN THE COURT OF COMMON PLEA~a C I~-d Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0. 01-4662 RICHARD S. STAVER, :Civil Action -Law Plaintiff :Divorce PLAINTIFF'S PRETRIAL STATEMENT In accordance with Pa.R.C.P. 1920.33, Plaintiff files this Pretrial Statement and serves a copy of said Pretrial Statement upon Karl R. Hildabrand, Esquire, counsel for Defendant, and represents as follows: I. List of Assets - A. Marital Assets: 1. Marital Residence Amount of Lien $5,400.00 $1,900.00 all Owners Acquisition Value Joint During Marriage $70,500 Date/Holder of Lien Current Eauitv All First Bank Property in Wife's Orrstown Bank possession; equity is $63,200. Item Description Names of Date of Current Number of Property all Owners Acquisition Value 2. 2000 Monte Carlo Joint Marital Leased Amount of Lien $360/mo ends May 2003 Date/Holder of Lien Current Eauitv None 1 Item Description Names of Date of Current Num er of Property all Owners Acquisition Value 3. 1997 Jeep Cherokee Husband Marital $13,000.00 Amount of Lien Date/Holder of Lien Current Equity $7,100.00 Orrstown Bank $5,900. Vehicle in Husband's exclusive possession Number of Property all Owners 4. 1993 Subaru Legacy Husband Amount of Lien Date/Holder of Lien Unencumbered N/A Number of Property all Owners 5. Prudential Life Insurance Joint Amount of Lien Date/Holder of Lien N/A N/A Num er of Property 6. Personal Property Amount of Lien Unencumbered Joint Date/Holder of Lien N/A Marital $3,000.00 Current Eouitv $3000 -Husband's possession Marital Unknown Current Equity Unknown Acquisition Value Marital $7,500.00 Current Equity $5,000 -Husband $2,500 -Wife 2 Item Description Names of Date of Current Number of Property all Owners Acquisition Value 7. Savings Account Joint Marital $1,300.00 Amount of Lien Unencumbered 8. Retirement Amount of Lien DatelHolder of Lien N/A Names of all Owners Joint Date/Holder of Lien Current Eauitv $1,300 -Wife Acquisition Marital Value $56,500.00 Current Equity Unencumbered N/A $56,500.00 -Husband B. Non-Marital Assets: 1. None. II. EXPERT WITNESSES - Plaintiff does not anticipate calling any expert witnesses at this time; however, Plaintiff reserves the right to supplement this list as needed prior to the date of hearing. III. SUMMARY WITNESSES OTHER THAN PLAINTIFF - Plaintiff does not anticipate calling any other summary witnesses other than the Plaintiff; however, Plaintiff reserves the right to supplement this list as needed prior to the date of the hearing. 3 IV. EXHIBITS - Plaintiff may introduce a comparative sales analysis for the marital residence. Plaintiff reserves the right to supplement this list as needed prior to the date of the hearing. V. Income- Plaintiff works approximately 21 hours a week at $6.00 an hour. Gross weekly income is approximately $126 and her net weekly income is approximately $100. Plaintiff has been astay-at-home mother during the marriage and has no particular employment skills. TOTAL GROSS INCOME $ 6,552.00 Defendant's gross annual income as reported in his Income and Expense Statement does not accurately reflect the full amount of Defendant's earnings. He receives a significant amount of money from officiating for which he does not receive a W-2 each year. Plaintiff maintains that Defendant's income is approximately $8,000 more than he claims for income tax purposes. TOTAL GROSS INCOME $76,230.84 VI. Retirement Benefits - Plaintiff has no retirement benefits. Defendant has retirement benefits valued at approximately $56,500, which Plaintiff claims to be marital. Plaintiff has no knowledge of the value of the non-marital portion of Defendant's retirement. VII. Counsel Fees - Plaintiff is requesting reimbursement of counsel fees in the amount of $3,000. Plaintiff has insufficient earnings and assets from which to pay her legal fees. 4 An itemized list of charges will be provided at the hearing. VIII. Marital Debt Item Description Name of Name of Outstanding Number 1. of Debt Mortgage Creditors AIIFirst Bank Debtors Joint Balance $5,400.00 Item Description Name of Name of Outstanding Number of Debt Creditors Debtors Balance 2. Home Equity Loan Orrstown Bank Joint $1,900.00 Item Description Name of Name of Outstanding Number of Debt Creditors Debtors Balance 3. 997 Jeep Cherokee Orrstown Bank Husband $7,100.00 IX. Proposed Resolution - Plaintiff proposes the following: a. MARITAL RESIDENCE - 1. Wife shall retain the marital residence and husband shall relinquish any and all interest that he has in the same. b. MOTOR VEHICLES - 1. Wife shall be provided with a vehicle or some means with which to purchase a vehicle. 2. Husband shall retain the 1993 Subaru Legacy 5 ~ ,4, c. PERSONAL PROPERTY- 1. Wife should retain the household furnishings and Husband shall retain his tools. d. LIFE INSURANCE - 1. Husband should pay to Wife sixty-five percent of the cash value of the Prudential Life Insurance policy. RETIREMENT BENEFITS - 1. Husband shall retain sixty (60%) percent of his retirement benefits and Wife should receive forty (40%) percent of Husband's retirement. ALIMONY - 1. Husband shall pay permanent alimony to Wife in the amount of $300 per week g. ATTORNEY'S FEES - Husband should pay to Wife the sum of $3,000. Respectfully submitted, Mindy S. Goodman Attorney at Law ID No. 78407 Northwood Office Center 2215 Forest Hills Drive -Suite 35 Harrisburg, PA 17112 (717)540-8742 Attorney for Plaintiff 6 C'1 iRIS'TINf±l I,. STAVE:.I~. PI<3iaztiff y. PICT-TARE) S. S"1'i~1V1aR, I.3etfc ndzx~ak IN TI-[L; Cr:3k.JRT OH' L;C)hR~iC)N I'I.,ir,F+ti (:DID C.iJNII3ERt.t'eNl:t CC3I.1N'I'Y, 1'LTVNS't'1.,L'ANIt"t N<:3. crl-4E~t3W3 c~~:IVLr.. •I'1~;Ir~ CIVIL AC"('ION -- Lr1LV IN I3IVC)RC;I?; DEFENDANT'S PRETRIAL STATEMENT PURSUANT TO PA. R.G.P. 1920.33 (i) b2arital A~scts 5,eaet E;Xhid.3it "A' attach~~c9 ktetrefo and ~i:ncorporsu-eti }xc:rein by reference. (i.i) Ncan-Marital Ass< is -See Exhi}~it "k~'" ttY.cactae:d hereto :~xncl in.ctrrlaorezted herein by r<af'"erczzace. :7. ExI:}ert \Uitnesse~~ - If t}ts:~ r:~strtit~s aare ttnalale lr.r ~atiF~ttlY:t.tez [o thr. vah~ta' cif 'i:Ize m,~rit.a horsrc azx =.a.Ir~rrzi,,<°r w-i1.l. 9:e,~tif~~, 3. W itne:~stics (P,l Rd!'IAEiaY:r S. ::it3.VC'~.d' (Ya~ E.`I7:C'I.Sta21e I.,. ~itaS~CY (ii.i) Real Instate. Arzlzrcaiser - V:~luatie>az nY' 1~.e~;al F);tate ~~~. Limit. c,f ~:~xhi~tait5 -See F~xf'7..ik,ik_ "C ' atC~.c.he.d heraac~, czr~<:l inc«z~orateci herein }av reir:~a~e:zzc:e. .5. C::,rc>ss Irteuazzr': azzcl Net Ineonze as-_Ref7>x:~tcar-i razz Tv~t>st: F~c:ce~szt Si:tst:t~ <aatc3 F+'eciez~al-Izacorrtr T~t~t R<'ti:urzzs ~xzsck 1'a:y-.5t;itl~s -Seca Is:.adtibit: "`L3„ attached 1Yea'ete~ €:zszcl i.ru~orpoaazrci ttcrrt:iaz 1ky rel:c~d-r~zicr•+. 6. Expense -See Exhibit "D" attached hereto and incorporated herein by reference. 7. Valuation of Pension or Retirement Benefits. Marital Portion Thereof, and Supporting Documentation -See Exhibit "E" attached hereto and incorporated herein by reference. 8. Claim for Counsel Fees - N/A. 9. Valuation of Personal Property -See Exhibit "A" attached hereto and incorporated herein by reference. 10. Marital Debts -See Exhibit "F" attached hereto and incorporated herein by reference. 11. Proposed Resolution of Economic Issues -See Exhibit "G" attached hereto and incorporated herein by reference. Respectfully submitted, NESTICO, DRUBY 8v HILDABRAND, L.L.P. C=~~ By: . Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue ~ / ~ ~2~ Hershey, PA 17033 Date: (717) 533-5406 (717) 533-5717 Attorney for Defendant ,;. .w_ ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets in the following pages. (x) 1. Real property (x) 2. Motor vehicles () 3. Stocks, bonds, securities and options (x) 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money mazket 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 () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, workmen's compensation claim/awazd () 17. Profit sharing plans (x) 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments O 21. Litigation claims (matured and unrnatured) O 22. Military/V.A. benefits () 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personality (include as a total category and attach itemized list of distribution of such assets in dispute O 26. Other Docvmen! #: 238080.1 f/ r/ f Defendant lists all marital propem in ~~ hich either or both spouses haae Iegal or equitable interest individually or ~sith any other person as of the date this action was commenced. Item Description No. of Property Real Estate 1 1 ~ Hot Point Avenue Shippensburg, PA 17257 Vehicles 1 2000 Ltonte Carlo ~~ 1997 Jeep Cherokee '~ 1993 Subaru Legacy Life Insurance 1- N/A .Joint Investments 1. N/A Husband Investments 1. ~; rA ~~'ife Investments 1. N/A Names of All Oc~ners Joint Leased Husband Husband Value 585,000.00 Urtkno~rn 55,000.00 53,000.00 Document=. 23~OgG ~ Item Description \o. ofProoem~ Joint Bank Accounts 1. Savings Husband Bank Accounts 1. Wife Bank Accounts I. Personal Property 1. Household furnishings and personal property 2. Household furnishings and personal property 3. CD Husband Retirement 1. Martin's Famous Pastry Shop, Inc., Retirement Plan Wife Retirement I. 1`' aIn: of All Owners Value Joint Balance: $1,300.00 (in wife's possession) Husband X5,000.00 Wife $20,000.00 $1,000.00 (in wife's possession) Husband $56,406.98 Dacumertt R~2380801 '.SON-^~IARITAL PrZO°ERTi' Defendant lists all property° in which a spouse has a legal or equitable interest which is claimed to be excluded from mazital property. Names Item Description of All No. of Property Owners 1 2. 3 4, ~. 6 7 8. 9. 10. 11 Reason for Exclusion Document 8: 238080.1 ~ ~ ~ ~ I EXHIBITS 1. Plaintiffls Inventory 2. Defendant's Inventory 3. Plaintiffls Income and Expense Statement 4. Defendant's Income and Expense Statement 5. Joint Tax Returns - 1996-2001 6. Real Estate Appraisals 7. Valuation Husband's Retirement 8. Bank Statements a. Joint Savings 9. Inventory -Personal Property ~~ G II CHRISTINE L. STA'v ER. Iti THE COURT OF CONfMO;v PLEAS OF Plaintiff CUMBERLAND COtiNTY, PbivNSYLVANlA ~'• NO. 01-4662 CIVIL TERM RICHARD S. STAVER, CIVIL ACTION -LAW Defendant IN DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT, RICHARD S. STAVER METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: ~ ~/'- Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 Andrew C. Speazs, Esquire Attorney LD. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff n~,,.mo,,, _~ r.e; t ~ ~ 07i11id2 INCOME AND EXPENSE STATEMENT OF RICHARD S. STAYER Employer: Martins Famous Pastry Shoppe, Inc. Address: 1000 Potato Rol{ Lane Chambersburq, PA 17201 Type of Work: Sales Payroll Number: 160-48-8082 Pay Period (weekly, biweekly, etc.): weekly GROSS PAY PER PERIOD: $1,155.42 itemized Payroll Deductions: Federal Withholding: $223.88 Social Security: $71.64 Medicare: $16.76 Local Wage Tax: $11.55 State Income Tax: $32.35 Unemployment Tax: Retirement: $23,11 Savings Bonds: Credit Union: Life Insurance: Health Insurance: Other: (specify) NET PAY PER PAY PERIOD: $776.03 Document #.~ 187494.1 i OTHER INCOME: ~ T WEEK MONTH _~~, YEAR Officiating Basketball ~ $8,149.00 Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Unemployment Comp. Workmen's Comp. TOTAL OTHER INCOME: $8,149.00 TOTAL MONTHLY NET INCOME: $3,783.20 Documenl~: 787494.1 ' HOME: WEEKLY ~ MONTHLY ` YEARLY ~ i ~ i i i~ Mortgage/rent ____ , $230.00/300.00 Maintenance $480.00 Repairs UTILITIES: Electric $94.72 Gas o;l $800.00 Telephone $40.00 Water $37.75 Sewer EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate $580.00 Personal Property $200.90 Income INSURANCE: Homeowners $406.00 Automobile $1,279.70 Life Accident Health Other ~, ,~~~y.~.~ r~ ~ AUTOMOBILE: Payments ~48fi.48 Fuel X100.00 Repairs Maintenance $178.00 Licenses Registratioh $108.00 Auto Club $42.00 MEDICAL: Doctor $90.00 Dentist Orthodontist Hospital Medicine Special needs EDUCATION: Private school Parochial school College Religious School lunches $900.00 Books/misc. PERSONAL: Clothing $500.00 Food $3,900.00 Document #: 287494.1 { Barber/hairdresser ` $120.00 Personal care i ~ $240.00 , Laundry/dry cleaning $60.00 Hobbies Memberships $494.00 CREDIT PAYMENTS: Credit card $60.00 Charge account $20.00 LOANS OR DEBTS: Credit Union MISCELLANEOUS: Household help Child care Camp Pet expense Papers/books! magazines $150.00 Entertainment $380.00 Pay N $473.00 Vacation $500.00 Gifts Legal fees $1,500.00 Charitable Contributions $100.00 Religious Memberships Children's Document =: 18"194.1 Allowances ether Child Support Alimony payments $200.00 Lessons for Children OTHER; Music Study Sports TOTAL EXPETISES $1,868.95 $13,461.60 Document k: 187494.1 INCOME Plaintiff -Christine L. Staver Shippensburg Fitness Center -desk clerk (part time) Support Defendant -Richard S. Staver Martin's Famous Pastry Shoppe, Inc. est. $8.00/hr. $250.00/week $63,000/annual salary `` PO '~ MARTIN'S FAMOUS PASTRY SHOPPE, INC. 401(k) PROFIT-SHARING PL From 5/01/2000 to 4/30/2001 r~zc~~tr~~ s sr~r~~ 626, I S HOT POINT Eligible Ptan Compensation: 564,66.01 lSBURG, PA 17257 Date of Birth: 1112/56 curity Number: 160-48-8082 Date of Hire: 2/6/89 ry• Name: CHRISTINE STAVER Plan Entry Date: 5/1/90 Beginning Balanre Contributions DEFERRAL ACCOUNT 9,3li.01 I _93.32 YER CO+~'TRIBUTION ACCOUNT 44,131.77 3,879.90 Account Balances 5 53,446.78 s 5,17322 s Forfeitures 0.00 3 L3'_ Gains t Lnsses Distriho[ions (413.31) (1,831.03) 31.32 (S °,244.34) S Ending Vested alancr Balance 0.00 S 10,191.02 S 10,195.02 Veucd. 100"ri, 0.00 S 46?I L96 $ 46,2[1.96 vested: 1 one 0.00 S 56,406.98 S 56,406.98 You or your beneficiary will receive the total endins account balance shown on this statement in the event of vour death or disabitirv. You will receive the total vested account balance shown on [his statement in the event of your [ertnination of employment for reasons other than disability or retirement. This'statement is prepared and bated on the data provided,frvm The plan administrator. Pleare refer any yaettion.r you may have regarding This statement tv the plan administrator. M ~ ~~ LIABILrr1Es Item Description Names of A11 Names No. of Property Creditors of All Debtors Balance Due 1. Mortgage Allfirst Bank Joint $5,400.00 2. Home Equity Loan Orrstown Bank Joint $1,900.00 ~. 1997 Jeep Cherokee Orrstown Bank Husband $7,100.00 4. 2000 Monte Carlo Joint $360/mo unti12003 ~• Credit Card Visa Joint $640.00 January 28, 2002 Mindy 5. Goodman, Esquire 2080 Lingtestown Road Hazrisbwg, PA 17110 Re: Christine L. Stayer v. Richard S. Stayer Dear Mindy: 3211 North Pront Stmet P.O. Hox 5300 Harrisburg, PA 17110-0300 717-239-8187 yax:~17.z3n-va7s Other Offlros Colonial Park n7.6szao2o Mechanicslwtg 717.691.5577 Shippensburg 717530.7515 I have reviewed yow December 7, 2001, letter with Mr. Braver. Because he is ready to conclude the divorce immediately; he has asked that I forward to you what we believe to be a quite generous proposal. If yow client rejects the proposal, we do: reserve the right to withdraw it and revise it i6 something more in keeping with the cturent state of the law. Nevertheless, the proposal is as follows: Both parties will immediately sign Affidavits of Consent and Waivers for a no-fault divorce: 2. the marital residence at 15 Hot Point Avrnue..Sls:ppensbwg, PA, was pwchased by the parties in 1984 for $40,000. It was appraised .two years ago for $80,000 and we anticipate its value today is probably closer to $85,000. The balance on the mortgage with Al(fust Bank is now $4,400. There are two years left to pay' on this mortgage. ' " There is also a home equity Loan with t3rsstown Brisk which had a balance at the time of separation of about 52,400. Husband has paid of,Fthis loan. Husband will transfer all his .; right, title, and interest in the real estate to Wife., In addition, Husband will continue to pay, and pay off, the mortgage. 3. Wife will.receive the fvlonte Carlo which is currently on lease. husband has been paying, and will continue to pay, the lease on this vehicle. 4. Husband will receive thg Jeep and assume sole responsibility for the loan on this vehicle. 5. Personal property has already been divided. We estimate that Wife received property with a value in the neighborhood of $20,000 and Husband received property with a value in the neighborhood of $5,000. Husband will accept the current division: tv Steven C. Skoff MeliesaL.Vanfick Andrew C. Speaa Young-Sub Keo 'BanrdCnf:Jlnl in civil ' nlal laa anda~feornry ' ~ 6Y /ke NOHenal BOCnf ll ~ )1 Mindy S: Goodman, Esquire January 28, 2002 Page 2 6. Husband currently has a ~O1K throug}i his employment with a cumnt value of approximately $56,000. Husberid will retain his retirement account in its entirety. 7, Wife will retool„the $1,300 _whiah ahe removed from the joint bank account and the 51,000 CD. .,.... ,,_.. _ ,._w_.. 8; husband will agree to pey offthe joint VISA bill of.approximately $640. Please review witt- your client and let me know if these:. terms are acceptable: if so, 1 will prepare a Marital Settlerhent Agreement and forward to yoir for your client's signature: Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildabrand KRH:cI cc: Richard S. Stover Dunw,.nr a: uaus.l CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm o/f/ Nestico, Druby 8v Hildabrand, L.L.P., hereby certify that on the ` ~P day of Octbber, 2002, a copy of the foregoing document was sent via First Class ~U.S. Mail, postage paid, to the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 Karl R. Hildabrand CHRISTINE L. STAYER, Plaintiff v. RICHARD S. STAYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-4662 CIVIL ACTION -LAW IN DIVORCE SOCIAL SECURITY DISCLOSURE Plaintiff provides the Court with the following information in accordance with the laws of the Commonwealth of Pennsylvania: Plaintiff's Social Security Number is 187-48-3790. Defendant's Social Security Number is 160-48-8082. Respectfully submitted, Mindy S. Goodman Attorney at Law 2215 Forest Hills Drive -Suite 35 Harrisburg, PA 17112 (717)540-8742 Attorney for Plaintiff