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Home My WebLink About99-03767 (2)i /.? VA 4 a i i i o, o.,.997376,7,,, Qivi1...Term DECREE IN DIVORCE AND NOW, ...........u `00?, it is ordered and decreed that . . . . . . . . CAROL SHARPLES plaintiff, ...... . J. SHARPLES. and . . . . . . . . . . . . . . . . ROBERT. . ............ . ...., defendant, are divorced from the bonds of matrimony. L) 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 A been entered; The Marital Settlement Agreement dated July 14, 2000 and filed ........................................................................... of record is hereb Y, incorP. o. .....rated. into, but shall not, merge.with, ..: .. .. s "thfs becree.' By The Court / Attest: Prothonotary. ?0( • ;? ce:• :?::e: •:c• a: :e• :e:• :c• •;a • <e ...:e:• :e:• :e:• <? • :r,• te:• :? • •a s. 'W.-J" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CAROL SHARPLES, Plaintiff Versus ROBERT J. SHARPLES, Defendant i i i i i i fi rf' /y Q7 CB /wH-r?4?i.l W4 CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail on June 25, 1999. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: July 14, 2000; By Defendant: July 10, 2000. 4. Related claims pending: None. However, the Marital Settlement Agreement dated July 14, 2000 and filed of record shall be incorporated with, but shall not merge, with the final Divorce Decree. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code. Waiver of Notice executed by Plaintiff on July 14, 2000; by Defendant on July 10, 2000; both documents were filed of record simultaneously with this Praecipe. 6. Plaintiffs Social Security Number is 184-48-8534; Defendants Social Security Number is 179-44-8310. *3 i Jul.t zo-,-n bate Respectfully submitted, ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ?, ?? _; A CAROL SHARPLES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: Vs. NO. 99 - 3767 CIVIL ROBERT J. SHARPLES, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 40M day of 2000, the economic claims raised in the proceed' ted been resolved in accordance with a marital settlement agreement dated July 14, 2000, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Robert Peter Kline Attorney for Plaintiff Steven Howell Attorney for Defendant T,20-oo R)? Caw, J r• ` ri 41k . h ' .1 COPY CAROL SHARPLES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT J. SHARPLES, Defendant :NO. 99-3767 CIVIL TERM :CIVIL ACTION- LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this H w day of, 2000, between Carol Sharples, of Shermansdale, Perry County, Pennsylvania, hereinafter referred to as "Wife", and Robert J. Sharples, of New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on June 3, 1988 in Harrisburg, Dauphin County, Pennsylvania; WHEREAS, there have been two (2) children bom of this marriage between Husband and Wife, to wit: Pauleen Olivia Sharples, bom December 29, 1988; and Sarah Ashley Sharples, bom December 29, 1989. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from ',he execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has filly and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees or expenses; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. , I ;A 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the others Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, ftmeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. ` M ? I . w 4. Child Custody. The custody of the parties minor children is controlled by order of court entered by the Honorable Kevin A. Hess, dated November 15, 1999, and last modified by order dated June 12, 2000, docketed at No. 99-3767 Civil Term. 5. Support. Child Support for the parties children is presently controlled by an order of court docketed at No. 726-5-1999 and administered by the Cumberland County Domestic Relations Section. Said order is presently based upon an income figure for wife inflated by a withdrawal front her IRA account that occurred in 1999. Upon the execution of this agreement, the parties agree that said order shall be computed based upon the parties current income from employment, effective the date of this agreement. In the event that the parties cannot agree upon this support amount by stipulation, Wife shall institute a modification action with the Domestic Relations Office, where the only issue shall be calculation of child support based upon the parties current income from employment consistent with the provisions of this Paragraph 5. The parties agree that any support arrears as of June 20, 2000, in the amount of $1761.62, shall be deducted from the sum of money Husband is entitled to subject to Paragraph 10 and that Wife shall be caused to be filed, with the Domestic Relations Office, a praecipe satisfying said arrearage. 6. Division of Personal Property. A. Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction. Henceforth, each of the parties shall owvn, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with fill power to the Husband or Wife to dispose of the same as filly and effectually in all respects and for all purposes as if he or she were unmarried. VV . , , B. The parties agree that the 1986 Chrysler LeBaron, and any other vehicle presently in his possession, shall be the sole and separate property of the Husband. The parties agree that the 1990 Plymouth Acclaim, and any other vehicle presently in her possession, shall be the sole and separate property of the Wife. The parties agree that they shall each execute any motor vehicle title transfers within three (3) days of a request by the other party. 7. Debts. The parties are owners of various credit cards, including accounts with Sears, Bridgestone, J.C. Penny and Home Depot. The parties acknowledge that Wife has paid any balance outstanding at the time of separation in full from proceeds derived form her IRA account and if any balance remains that was incurred prior to separation on said accounts, said balance shall be the sole responsibility of wife. In the event that either party has incurred additional debt since separation, that party shall indemnify and hold harmless the other from any liability thereon. 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Real Property. The parties agree that the real property located at 420 Haldeman Boulevard, New Cumberland, Cumberland County, Pennsylvania, shall be the sole and separate property of Husband. Husband agrees to be solely responsible and to indemnify and hold harmless Wife from the first and second mortgage obligations with the Pennsylvania Housing Finance Agency and First National Bank of Newport, respectively, including any delinquencies that have accrued since March 2, 2000. Husband shall cause for Wife's name to be removed from said mortgage loan obligations within sixty (60) days of the date of this agreement. Simultaneous with the execution of this agreement, Wife shall execute a special warranty deed in favor of Husband, which deed shall be held in escrow by Wife's counsel until such time that Husband has either f?, removed Wife from the obligations on the first and second mortgage loans secured by said property or the property has been sold to a third party. In the event that Husband does not cause Wife to be removed from all liability on said mortgage obligations within sixty (60) days, or if a foreclosure action is initiated by either lender, then the property shall be listed for sale and sold at the earliest possible time, but in no event more than six (6) months, with any deficiency resulting from such sale being the sole responsibility of Husband. Husband shall be responsible for any attorney's fees or costs incurred by Wife in enforcing this Paragraph 9. 10. Equitable Distribution. It being the desire and intent of the parties to equitably distribute between them all marital property and obligations, in order to accomplish said intention, and in consideration of all of the mutual promises contained in this agreement, the parties agree that a Qualified Domestic Relations Order shall be entered which shall transfer to an IRA in the name of Husband a portion of Wife's IRA account currently held by American Express Financial Services in the New Dimensions Fund. The parties agree that on May 15, 2000, said account contained 717.877 shares of the New Dimensions fund valued at $35.24. Wife agrees that Husband shall be entitled to 283.77 shares (value as of May 15, 2000, of approximately $10,000.00), reduced by a deduction for the amount of child support arrearage in the amount of $1,761.62 as of June 20, 2000, said deduction, calculated at the rate of 535.24 per share, representing 49.99 shares. The net number of shares to be transfer to an IRA to be established in Husband's name is 233.78 shares of the New Dimensions Fund. The parties shall execute any documents necessary to accommodate said transfer within ten (10) after each party has executed this agreement. 11. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. Husband shall withdrawal his claim with the court for Spousal Support or Alimony Pendente Lite. 12. Pension. Except as otherwise provided herein, both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned daring the marriage, by the other party. 13. Bankruptcy. The parties acknowledge and agree that they have specifically structured this Agreement so that the terms, covenants, and conditions set forth herein are non- dischargeable in bankruptcy, tinder 11 U.S.C.§523(a)(5), §523(a)(15), or otherwise. It is further specifically acknowledged, represented and understood that as part of the consideration of the making of this Agreement, that: (a) Such obligation is for alimony to, maintenance for or support of the other party; (b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the Filing Party or of a dependent of the Filing Party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; (c) Discharging such debt will not result in a benefit to the Filing Party that would outweigh the detrimental consequences to the other party or a child of the Filing Party. Both parties further acknowledge that the preceding terms and representations set forth their actual intent. 14. Counsel Fees and Court Costs. Except as otherwise provided herein, each party shall be responsible for their own attorney's fee and court costs incurred in relation to the Divorce Action captioned at Carol Sharpies v. Robert J. Sharples, No. 99-3767 Civil Tenn. 15. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending between them in the Court of Common Pleas of Cumberland County to the caption Carol Sharpies v. Robert J. Sharpies, No. 99-3767 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and .r,, , . I to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 16. Breach. In the event that either party breaches any provision of this Separation and Property Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 17. Enforcement. The parties agree that this marital settlement agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 18. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed tinder the laws of the Conunonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 19. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 20. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into, but shall not merge with, any suchjudgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 21. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: 0'0-'?L a 2?A CAROL SHARPLES ROBERT J. SHARPLESs? "ft. r ?. COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On the Iq-Wday of -N? , 2000, before me, the undersigned officer, a Notary Public, personally appeared Carol Sharples (Wife), known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto se d and official seal. NOTA Y PUBLIC ROBERT NOTARIAL SEAL New Cumberland Boro., Cumberland Co. My Commission Expires June 21, 2004 COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND On the k OTl?day of ` 2000, before me, the undersigned officer, a Notary Public, personally appeared Robert J. Sharples (Husband), known to me or satisfactorily proven to be the person %vhose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. aQ u/? NOTARY PUBLIC Notarial Seal Beril T Howell, Notary Public New Cumberland Boro. Cumberland County My Commission Expires May 10.2001 Member Pennsvieanu Assncialinn nt Notane. CAROL SHARPLES, Plaintiff VS. ROBERT J. SHARPLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3767 CIVIL : CIVIL ACTION - LAW : IN DIVORCE IN RE: PETITION FOR EXCLUSIVE POSSESSION ORDER AND NOW, this r day of August, 1999, after hearing, it is ordered and directed that, from and after Saturday, August 21, 1999, at 3:00 p.m., pending further order of court, the plaintiff, Carol Sharples, shall have exclusive possession of the marital residence situated at 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania, to the exclusion of the defendant, Robert J. Sharples, who shall, thereafter, be enjoined from entering on the premises. BY THE COURT, q - KevinA'x Hess, J. Robert Peter Kline, Esquire For the Plaintiff Keith B. DeArmond, Esquire For the Defendant yrr.a"k rrhiltiq. -'s• -P. Am v AUG 3199 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, No. 99-3767 Plaintiff V. Robert J. Sharpies, Defendant RULE TO SHOW CAUSE AND NOW, to wit, this /" day of ee l 1999 upon consideration of the foregoing Motion for Withdrawal, a -Rule is granted upon Robert J. Sharpies, Respondent, to show cause why the Petitioner should not be granted the requested relief. Rule returnable 2c- days from service. BY THE COURT: 9-1-99 k .. ,- ?.:: -,??^-: ??:5? JJ .1 •... .., J'r1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, No. 99-3767 Plaintiff V. Robert J. Sharpies, Defendant ORDER AND NOW, this day of 1999, it is hereby Ordered that Petitioner, Keith B. DeArmond, Esq., be withdrawn as counsel of record in the above captioned matter. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, Plaintiff V. Robert J. Sharples, . Defendant No. 99-3767 MOTION TO WITHDRAW AS COUNSEL AND NOW, this day of 1999, comes Keith B. DCAmrond, Esq., attorney for the Defendant and moves this Honorable Court for permission to withdraw as counsel for the following reasons: I . Petitioner, Keith B. DeArmond, is counsel of record for Defendant, Robert J. Sharpies. 2. Defendant has informed Petitioner that he no longer wishes Petitioner to represent him in this matter. 3. Defendant has failed to notify Petitioner of his current address, thereby hindering effective legal representation. 4. Defendant owes Petitioner approximately $634.29 and Petitioner wishes to avoid further expenditures of time on Defendant's behalf. 5. Counsel for Plaintiff has concurred with this Motion to Withdraw as Counsel for Defendant. WHEREFORE, Petitioner respectfully requests your Honorable Court to enter an Order permitting Keith B. DeArmond, Esq., to withdraw as counsel of record for the Defendant in the above captioned matter. Respectfully submitted, Keith B. De ond, Esq. Attorney for Defendant DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, No. 99-3767 Plaintiff v. Robert J. Sharpies, Defendant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of a Motion to Withdraw as Counsel and Rule to Show Cause via United States First Class Mail, Postage Prepaid, upon the following: Robert J. Sharpies 420 Haldeman Road New Cumberland, PA Date: 27 Robert Peter Kline, Esq. 331 Bridge Street 17070 Suite 350 P.O. Box 461 New Cumberland, PA 17070 Christina M. Werner, Paralegal Gr CPI C r- Ll C??i Ct i?l C CJ _ G , [? CAROL SHARPLES, Plaintiff/Respondent vs. ROBERT J.SHARPLES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3767 CIVIL CIVIL ACTION - LAW IN RE: MOTION FOR SPECIAL RELIEF ORDER AND NOW, this /01 day of January, 2000, a brief hearing on the defendant's motion for special relief is set for Friday, February 11, 2000, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Robert Peter Kline, Esquire For the Plaintiff/Respondent Robert J. Sharpies Pro Se Kevi A. Hess, J. /-//-Qd 11?s :rim Fi! EU O,=fIC? OF 00 JAN 11 AM 11:01 CUMBERLAND COUNTY PENNSYLVANIA _ _. _- yr1. 1LLr?'v / ?.,.. ? -??• «rl.rwr? P/'7-s .? .Gc?.r[1 _._._. Voy?1T, P?iR rL S5 I ucr rli fr ._ ?. 2? bra t- r 51,?,;- ? (:Ls _Q? nv_ _no r_ 1- 1-h Dr} F Ss}n _?f1r L n1 -1cl-?C L-(- _ 5-•R \.o -Ln LID_ __SY??,_Y •? LLt?_E1._C-?c?. - ?c- s?Jti ?? t,•M.?O :,?_? c. `?__C? ?\`'?\)'`?' ?c ---_.?'c`c? _RL-!Lz ti?.1D` . °.. 5 L? tom. h :rct c? ctic?. ?D L ?w C i _- _. v ___.. __.__._-`_v?. L.. ?l.?C..`'?..-V.?=l?Al9•c-Z-?? --. ?Saac?_.-.Wo'[`.._.. ?`tt..,c?11.-S-r.??L.R`C>^ 1?..`F....?.G_5.-6-5--..__.?-LCiGs_Y SL_{??'`.?.___?L.? o-t?Lt__..__-. ISO LI_...?Lf 6>?-?• l' J S S. ??. S.? J-.. I f b1V1_?D ??R 1 ,RO J 4-1,ii all o' _ SSy ?t? V1 ^ 1 ?y ?16\97???. __.. _.. _- ? 1 ?'S- ?h:f< `.? fl \ S C? _T :? iiC] O ? tlv T•t?-?--C^ v.? :.? 1 'C-t?ti?fj ?__ ?.. Y C?a ? 1 ----- \S\.? L?9 S _ o (\ R?uct?0 tl?c? ? S.r . R s S .d\? 5 \ h Pt l?v 1?°.._.p 5 4 t? 1 -__._._.._._Q}_C1_$.?'7..`i?t.'_. .1c?T':.. C J` O 4 aic' 'T--° S' \ `?? ?...d?' "?G. L?.\.? ?? bd? 'T-4?T -___--__--..??_?._.°.1....-?`rL.'YC-\?u,/1G--,??t. ..? 1??:c__.?.L'C._d\•?..(Ot??-C':?__-?`L\. f Y 57..s-r_--`Z? .. -___-_. _. Thy ? .? S? l`c ??D b S-? . ?? ?> 'r5 ? car,. o C-ti.:.?r-- •,,.?cx? ..? _._..._ - .. _ ".. Ftcl ?`` ?` ''vr:?..:.r L• 'C <-.? <?... ?1i ?-G'tc` C \ C't?. ?,<.-.S ? Cl Lt\,G?L. ?1?J.S.S?? -- ..... .... t ?c ;_ .cRR r? ?"?lR? Q ?-•?rJ v-?' ? ? c?? > Cl??-? ?? (J v?Clz+.? \5---- - _..- .._?_t'?,??-- R? .¢}O ?\??_? ct Ci. 6' Li•\ LOI `'?1\?RT ?' R.?--?_/fi''e r\.O ('Cl -?? ?L_ ..... ... ..... ??2. L'1.J?15\,Da is o c? 5?5?? tcC ?c,?\l \C`/L`4 u_LS T.. FY-1-'.: .5 ?o?{-?-?. P.?.r.5?,?ri? E."? SLc..Cwn ?`?'C•1)_a?C' ?5_--t?ga psl -- v J ` 7 - --__._.. __.. ___ ?55..5sC5_ ??-.??-?r?. ?c?,.5?vp \?. '??{_?.wr r?\L's d•ri?..c?@c _ --------___. _.._-..?cRK6 h.•?r"? ?'h.:? Q`t???.lc ,.?c Lc---? - -..._ ._ i? c-•? t,n.? S..c .?? -t-? ? ?'c 5 `? '??5 0 - ?\r1.L c? cti ,-?. __ t? s?`fl_?? VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904 relating to unswom falsification to authorities. NOTARIAL SEAL KAREN E. EVANS, Notary Public Camp Hill Boro, Cumberland County My Commleslon Expires May 6, 2003 2's 4rtv_... 1? CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3767 CIVIL TERM ROBERT J.SHARPLES, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this 2 -? day of ,yjA 2000, upon review of the attached Stipulation of the parties, it is hereby ORDERED and DIRECTED that the Order of this Court granting exclusive possession of the marital residence to Plaintiffand enjoining Defendant from entering on the premises, is hereby vacated. BY THE COURT: 7KEVI HESS, J. Q / G/ E_,,? MKS L c U? C ? F_ tart N : ^ .. : tr o C U 1. . I - CAROL SHARPLES, Plaintiff V. ROBERT J. SHARPLES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3767 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE STIPULATION OF THE PARTIES AS TO EXCLUSIVE POSSESSION OF THE MARITAL HOME WHEREAS, the parties are husband and wife, having been married on June 3, 1988; WHEREAS, Wife instituted the above-captioned divorce action on or about June 22, 1999; WHEREAS, the parties are owners of real property, the former marital residence, located at 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania; WHEREAS, on August 10, 1999, after hearing, the Honorable Kevin A. Hess ordered and directed that, from and after Saturday, August 21,1999, at 3:00 PM, pending further order of court, the Plaintiff, Carol Sharpies, shall have exclusive possession of the above-referenced marital residence to the exclusion of the Defendant, Robert J. Sharpies, who shall, thereafter, be enjoined from entering on the premises; WHEREAS, Plaintiff, Carol Sharpies, vacated the marital residence in January, 2000, and Defendant, Robert J. Sharpies, desires to reside in the marital residence; and WHEREAS, Plaintiff, Carol Sharpies, does not object to the Order of August 10, 1999, being vacated by the Court. NOW, THEREFORE, it is hereby agreed by the parties that the Order of this Court dated August 10, 1999, which awarded exclusive possession of the marital residence to Plaintiff and enjoined Defendant from entering on the premises, shall be vacated. ??2alo 0 Date r I Z %'ee Date CAROL SHARPLES, Plaintiff ROBERT J. STHIARPLES, Defeo it _ fr ? ` ... i ;. ?? 1 L: . ___ i, 1 ... _.+... ,__ .. .. ,I H (` CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 99- 3'}(07* CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this (a M day of 1999, upon review of the attached Motion for Exclusive Occupancy of the Marital Residence, it is hereby ORDERED and DECREED that a hearing is set for the 9 day of 1999, at 9%JU o'clock _A_.M. in Courtroom No. -?/- of the Cumberland County Courthouse in Carlisle, Pennsylvania. BY THE COURT: J. CAROL SHARPLES, Plaintiff V. ROBERT J. SHARPLES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.99-37(07 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR EXCLUSIVE OCCUPANCY OF THE MARITAL RESIDENCE AND NOW, comes Carol Sharples, by and through her attorney, Robert P. Kline, Esquire, who files the within motion, as follows: 1. The moving party is Carol Sharples, an adult individual who is currently residing at 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania, hereinafter refereed to as "Wife." 2. The husband is Robert J. Sharpies, an adult individual who currently resides at 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania, hereinafter referred as "Husband." 3. Husband and Wife were married on June 3, 1988. 2 Co . On or about June If, 1999, Wife instituted the above divorce action. Co 5. The parties are the owners of a marital residence situated at 420 Haldeman Avenue, New Cumberland, Pennsylvania. In addition to themselves, their children, Pauleen Olivia Sharples, born July 30, 1988, and Sarah Ashley Sharples, born July 29, 1989, also reside at that address. 6. A true and correct copy of the deed to said property depicting Wife and Husband as owners of record of the property is incorporated herein, made a part hereof and attached as Exhibit "A„ 7. On a regular and ongoing basis, Husband becomes intoxicated from the consumption of alcohol within the home, and badgers and harasses Wife incessantly, typically well into the early hours of the morning. This behavior occurs nearly on a daily basis, making it extremely difficult for Wife to obtain the rest she needs to maintain her employment, care for the children, and keep up the household. Wife believes, and therefore avers, that her husband has a serious drinking problem and that his behavior is the direct result of this problem. Husband regularly and consistently is verbally abusive and threatening to Wife in that he regularly badgers her and calls her uncomplimentary names. 8. Wife is the innocent and injured spouse and has, by virtue of being an owner of record of the marital dwelling, a right to occupy that dwelling. 9. Wife believes, and therefore avers, that Husband will continually engage in the above-described behavior which is harmful to Wife and detrimental to the children. WHEREFORE, Wife respectfully requests that this Honorable Court enter an Order awarding exclusive occupancy of the marital residence to Wife and denying Husband access to the home. Respectfully Submitted, Date ROBERT PETER KLNE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff Tills DEED, Made the Q4- day of February, ;1993,, BETWEEN BRIAN W. PELLEY and TERRI A. PELLEY, his wife, of 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania, Party of the First Part, hereinafter designated as Grantor AND ROBERT J. SHARPLES and CAROL L. SHARPLES, of 413 'Third Street, New Cumberland, Cumberland County, Pennsylvania, Party of the Second Part, hereinafter designated as'Grantee. WITNESSETH, that the said Grantor for and in consideration of the sum of Seventy-seven Thousand Three Hundred and no/100 ($77,300.00) Dollars, lawful money of the United States of America, to the Grantor in hand well and truly paid the by Grantee, at or before the sealing and delivery of these presents, the receipt whereof is, hereby acknowledged and the Grantor being therewith fully satisfied, does by these presents grant, bargain and sell, release and confirm unto the said Grantee, their heirs and assigns, ALL THAT CERTAIN lot or tract of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Haldeman Boulevard, a/k/a Haldeman Avenue, said point being one hundred thirty (130) feet in an easterly direction from Elm Street; thence in a southerly direction along the line of Lot No. 71, Section 2, in the hereinafter mentioned Plan of Lots, one hundred forty-four (144) feet to a twenty (20) foot alley; thence in a westerly direction, along the northern line of said alley, thirty (30) feet to a point; thence in a northerly direction in a line parallel with the dividing line between Lots Nos. 70 and 71, Section 2, on the hereinafter mentioned Plan of Lots one hundred forty-four (144) feet to Haldeman Boulevard., a/k/a Haldeman Avenue; thence in an easterly direction along'•the southern line'of Haldeman Boulevard, a/k/a Haldeman Avenue thirty (30) feet to the place of BEGINNING. BEING the eastern half of Lot No. 70, Section 21 on a Plan of Lots known as Cumberland Manor, said Plan being recorded in the Recorder's Office at Carlisle, Pennsylvania, in Plan Book 2, Page 73; and being improved with the eastern i?haltf o'f :a -double two and one-half story brick dwelling house, known as 420 Haldeman Avenue. Exhibit "A" R09 D 36 PAGE 343 BEING the same premises which William R. Grace and Elizabeth A. Grace, his wife, by deed dated June 7, 1991 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 35-D, Page 1067, granted and conveyed unto Brian W. Pelley and Terri A. Pelley, his wife, the Grantors herein. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of-way of record. improvement ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reservation and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantor both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantee and to the Grantee's proper use and benefit forever. AND the Grantor covenants that, except as may be herein set forth, they do and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantor and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. L. off- 563go School Dist Cumb. Co., N. WfleaI Estate Ran?de Ax,? DatteelaITAmL-2 -=- Robert P. Zlplw Cumb. Co. Dist. Col. ApL -2- 091- 36 PACE 344 laoogh dbLYS?lLialds.i':? '-' CUW& Cell F116 IW Eam twwym RobM Pt Z W Cuaak Ca OML CbL AOL IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above written. Signed, Sealed and Delivered in the presence of or attested by gCta"I1/ L (I zT/93 ad do m /t- 1-2. tan W. Pelley Terri A. Pelley THE UNDERSIGNED CERTIFIES THAT THE RESIDENCE AND COMPLETE POST OFFICE ADDRESS OF THE GRANTEE IS: )0 Sig ature •^ UITAPIMfl•If OF F:? WINIIK r^._.._...._. . i 4AcP FF.9 U'9J I. VZ.i:ef i ( a. ?? l? BORD36 PACE 345 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUAAf3cQ(..e1pjr, = SS. a Nota On this, the _ la 1-h, day of February, 1993, before me, W. Pelleyu and ,Tethe rriu A erPelley known toe men (ory saaeared t sfa torily proven) to be the person named in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. seal. IN WITNESS WHEREOF, I hereunto set my hand and official Nota ublic My Commission Expires: (SEAL) '. w...••• ,`* ' 7n,au SEAL JOHN Fl.Nu4,ry Pu61ic Lower PaPh,n County M Commi,March i$ lg95 CD r C..) r REGISTERED BY THE BOROUGH 0 NEW CUMBERLAND v? ,... 9 Secretary , "• of Prinn2ywnie a'•:y u` Cumberland I SS • •• 4??? in I1'r3 office for rha recording of D-edr: -' •T: ?','Fl" ,•.y,_,,..+;,• ?:, III i'll!f fl,,' „ ,,I r 'ulna dCourllf VC-L of oflic Recorder PALE 346 VERIFICATION I verify that the statements made in the foregoing Motion for Exclusive Occupancy of the Marital Residence are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Aa? Date CAROL SHARPLES r; U; ` .1 V I1 _ 04 s? CAROL SHARPLES, Plaintiff V. ROBERT J.SHARPLES, Defendant M THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 37to7 CIVIL TERM CIVIL ACTION - LAW M 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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, Pennsylvania 17013 (717) 249-3166 CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99- CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is CAROL SHARPLES, an adult individual, currently residing at 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is ROBERT J. SHARPLES, an adult individual, currently residing at 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 3, 1988 in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. 11. In the alternative, Plaintiff desires a divorce based upon: a. The fact that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and this action is not collusive or, in the alternative, b. It is believed that Defendant will after ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted, lt'? 6utitc 124 ??-- Date ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. 1 understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904 relating to unswom falsification to authorities. -ta Date CAROL SHARPLES d 1 co U Off"' c, J v C6 CAROL SHARPLES, Plaintiff V. ROBERT J.SHARPLES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3767 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complaint filed in the above captioned case upon Defendant, Robert J. Sharpies by certified mail, return receipt requested on June 22, 1999, addressed to: Robert J. Sharpies 420 Haldeman Avenue New Cumberland, PA 17070 and did thereafter receive same as evidenced by the attached Post Office receipt card dated June 25, 1999. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 2s J v e 19.9 Date ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff P 308 767 840 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to ARR Es cr, x R Street an Nc cau ?laL_CY,HeAJ AIIF? rni' P O, slulo.ina zIP c?? ( of ti Y V N m Y C Postage 5 Cen'bed Fee ,F Q C?- Special Delivery Fee Resloctad Delivery Fee ^ eC' S Return Receipt showing to whom and Dale Delivered Return Receipt Showing, to whom. Date. and Address of livery TDTAL ? Ss 3 g POST or D 1Y Y Fri W {, Z € a ?yys o? ? sus tTO?O?' ?C s4agEQO Y i a •Canplee loots i a W.2 for addill" a eni I also wish to receive the • ' 3, µ and w• foliowirtp senlces (for an prot ??youT end address on she levees of ea lain so that "can rotum this extra tee). .spAeearnamNtcYht1.,iH e m to the hat of the me0m. or on On back If yap dom not t, urn Recallit delivervid :7aa PMepehow toewMm Mew anaaledae Reetrlcted DelhnedtllwrW. (`r...rn..1.?wn..e........?. 6 Add k)ot( -gX .1, 5%AAPPL.ES 14?b E PIC&ZEMA.14:twa KMO Cwx(3eRu+A.tn PA 1070 O Reglatered F Certified v 0 Express Mail 0 Insured .E 0 Return Receipt forMerdaMae O COD 7. Date of Delivery 9. Addressee's Address (Only Urequested d l an ee Is paid) C" c c, s n.. c' r rcn u_ a: r: ?0 rn (_? CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 22, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 111 i4loo Date CAROL SHARPLES SSN: <6 Ll q % ?5 ?? ._ CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. HI , L oc ao,4 a ??- Date CAROL SHARPLES CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 22, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 10 _ Date ROBERT J. S RPL SSN: \-1`C_ "- -\- C ? y, i :) CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dates ROBERT J. SHARPL ?' CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant :N CUSTODY AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Custody Complaint filed in the above captioned case upon Defendant, Robert J. Sharpies by certified mail, return receipt requested on September 20, 1999, addressed to: Robert J. Sharpies 4701A Charles Road Mechanicsburg, PA 17070 and did thereafter receive same as evidenced by the attached Post Office receipt card dated September 24, 1999. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 2 5Po lcy? S Date ROBERT PETER KLINE, hSQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717)770-2540 Attorney for Plaintiff I-) Jr A O N e N W d 0 a P 308 767 902 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) I InR J . S ><+ PLE-S / ? S?¢/0I-T %( Nn P Slate antl ZIP Code 0 //9ECIM J )cs u7? -7 4 ) Postage 5 S3 Cendied Fee T? Special Delivery Fee Restricted Delivery Fee Return Rmeipl Showing 7 to whom and Date Delivered z 11 -15 Return Receipt showmg9 to whom. f D l d Add r ress o e ive Date. an y TOTAL s -7 Post - or ' n\ q 1 2O I 'i ? 199 a? r SENDER: I also wish to receive the follow- `n O Condata dome 1 andfor 2 for addillonal services. IDg SeMCe9 (tor an ezlfe lee): L n Candete hems 3.4a, and eb. D Print your name and address on the reverse of INe farm so that we can return this ' & card to you. s Address Addressee p Aasdt Oils farm 10 the front of The nawipioce, or on the beck if space does Fiat 2, Restricted Delivery y 5 Via' tw INGIOW IN article number. Receipt lls d F ul E, The Return O The Return Receipt will chow ow to to whom the the amide was es delivered eratl and and the ate p ddelivered. 9. -Article Addressed to: 49. ARICI9 Number a (( ' ? ? 306 7(7 9o z o $13f2f J. i+ya(CFL,6S 4b. Service Ty pe 141o I'A CHTRk LE$ -9,J> ? Registered d 1 ? Ezpress it IMECNa)JIC5F3ul JOA ?AW ReceI fgS cW r. I-jL) S,e 7. Date of Deli 65 F 5. Received By (Print Name) 8. Addressee's A fee is paid) d 0 b u 5. SI nature addressee or Agent) C a % IN595-N B-0323 Dort PS Form 3611, December 19 ? t c m 0 Y OZ f.. V: - a? J Cr F C ui<? N ij4 G " CD N 17. ?- )(l ?= G U r OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240.6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter April 18, 2000 West Shore 697-0371 Exl. 6535 Robert Peter Kline, Esquire Steven Howell, Esquire 331 Bridge Street, Suite 350 619 Bridge Street P.O. Box 461 New Cumberland, PA 17070 New Cumberland, PA 17070 Re: Carol Sharples vs. Robert J. Sharples No. 99 - 3767 Civil In Divorce Dear Mr. Kline and Mr. Howell: Inasmuch as both counsel are not objecting to Mr. Howell's request for additional time to file pretrial statements, I am withdrawing the directive for pre-trial statements due April 28, 2000. In accordance with P.R.C.P. 1920(b) I am directing each counsel to file a pretrial statement on or before Monday, June 19, 2000. Upon receipt of the pretrial statements, I will immediately schedule a pre- hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master r Mr. Kline and Mr. Howell, Attorneys at Law 1S April 2000 2 Page NOTE: Sanctions for failure to file 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. Steven Howell Attorney At Law 619 Bridge Street New Cumberland, Pennsylvania 17070 717-770-1277 717-770-1278 Telecopier April 13, 2000 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Sharpies v. Sharp/es, No. 99 - 3767 Civil Term (Cumberland County) Dear Mr. Elicker: I have filed an Entry of Appearance on behalf of the Defendant Robert Sharples. I note your letter of April 4, 2000, I would request that the Pretrial Statements be continued for forty five (45) days to allow me to complete discovery. Essentially, I require copies of Mrs. Sharples mutual fund statements, 1999 and 1998 Federal Income Tax Returns, 1998 and 1999 W-2s and some other financial documentation. I do not anticipate any discovery disputes with opposing counsel and I feel we can move this matter to a pre hearing conference in June 2000. Please let me know if this is not agreeable in light of your request for Pre Trial Statements to be completed and filed on or before April 28, 2000. Very truly yours, SH/bth cc: Robert Sharples ti t wen owell, Esquire Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070-0461 ROBERT PETER KLME Attorney & Counsellor at Law 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, Pennsylvania 17070.0461 (717) 770-2540 fax(717)770.2553 April 17, 2000 E. Robert Elicker, 11, Esquire Office of the Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Re: Carol Sharpies v. Robert J. Sharpies nl No. 99-3767 Civil Term Dear Mr...-Mick' er: Please accept this letter as my representation on behalf of my client that we do not object to Attorney Howell's request for an extension for the filing date of the pretrial memorandum in this case. Kindly advise my office as to the new due date for this memorandum at your earliest convenience. Very truly yours, ROBERT PETER KLINE, ESQUIRE RPK/srf cc: Carol Sharpies Steven Howell, Esquire l? OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Ellcker, 11 Divorce Master Traci Jo Colyer Off Ice Manager/Reporter West Shore 697-0371 Ext. 6535 April 4, 2000 Robert Peter Kline, Esquire Robert J. Sharples 331 Bridge Street, Suite 350 4701A Charles Road P.O. Box 461 Mechanicsburg, PA 17055 New Cumberland, PA 17070-0461 RE: Carol Sharpies vs. Robert J. Sharples 99 - 3767 Civil In Divorce Dear Mr. Kline and Mr. Sharples: Mr. Kline has recently advised by letter that discovery is complete and that he has filed an inventory on behalf of Mrs. Sharples. Consequently, I want to move this matter forward. I am directing Mr. Kline, as counsel for wife, and Mr. Sharples, who is apparently unrepresented, to each file a pretrial statement in accordance with P.R.C.P. 1920.33(b) on or before Friday, April 28, 2000. 1 am issuing this directive on the basis that grounds for divorce are not an issue and that the parties will either file affidavits of consent or have been separated for a period in excess of two years. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with Mr. Kline and Mr. Sharples, or Mr. Sharples' counsel, to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master MR. KLINE AND MR. SHARPLES April 4, 2000 Page 2 NOTE: Sanctions for failure to file 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. OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elieker, II Divorce Master Traci Jo Colyer Office Manager/Reporter February 25, 2000 Robert J. Sharpies 4701A Charles Road Mechanicsburg, PA 17055 RE: Carol Sharpies vs. Robert J. Sharpies No. 99 - 3767 Civil In Divorce Dear Mr. Sharpies: West Shore 697-0371 Ext. 6535 I am in receipt of your letter of February 23, 2000. The issue that seems to be confronting you is to complete discovery and I am unable to be of any specific assistance in that matter without the cooperation of your wife or her counsel. However, the Court can enter an order specifically directing that where appropriate information should be provided. I am suggesting that you prepare a petition and file the petition with the Court Administrator who will assign the request for discovery to a judge. As is the customary method of proceeding, the judge assigned will schedule a conference/ hearing and attempt to resolve the discovery issues expeditiously and promptly upon the case being assigned. Very truly yours, E. Robert Elicker, II Divorce Master cc: Robert Peter Kline, Esquire CAROL SHARPLES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 3767 CIVIL TERM ROBERT J. SHARPLES, DEFENDANT CIVIL ACTION - LAW DE NOVO HEARING REQUESTED 1. Defendant requests a hearing de novo on the issue of alimony pendente lite since Domestic Relations did not properly calculate Defendant's entitlement to alimony pendente lite. BY: ven Howe! squire 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Defendant Date: June 8, 2000 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the following individuals by postage prepaid, first class United States Mail addressed as follows: Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070-0461 BY Date: June 8, 2000 s r ?;,. !;" '??a -.' G l J - ,•Y ? ? Cp . ., ? 1 ?; 1 ? ?? :il.l ? -- '.? (+ 1 :. o J r ROBERT PM R ]ELLS E Attorney & Counsellor at Law 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, Pennsylvania 17070-0461 (717)770.2540 fax (717) 770-2553 July 14, 2000 E. Robert Elicker, Esquire Office of the Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Re: Carol Sharpies v. Robert J. Sharpies No. 99-3767 Civil Term, In Divorce Dear Mr. Elicker: Enclosed with this letter please find an original and one copy of the Marital Settlement Agreement entered into between the parties in the above-captioned matter. I kindly ask that these documents be filed and that your appointment in this matter be vacated at the earliest possible time so that this divorce may be finalized. If you require any additional information or have any questions, please do not hesitate to contact me at my office. l yours, ROBERT PETER KLINE, ESQUIRE RPK/srf Enclosures cc: Carol Sharpies Steven Howell, Esquire In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CAROL SHAMS, ) Docket Number 99-3767 CIVIL Plaintiff /Respotdent ) VS. ) PACSES Case Number 419102238 /D29,616 ROBERT J. SIMLES, ) Defendant/Petit-loner ) Other State ID Number Order AND NOW to wit, this MAY 25, 2000 it is hereby Ordered that: THE ABOVE CAPTIONED PETITION FOR ALIMONY PENDENTE LITE IS DENIED. BY THE COURT: DRO: RI Shadday xc: Petltloner REspotdent Steven Haell, Esquire Robert 10Jne, Esquire Keel n W w-n l Service Type m Form OE-001 Worker ID 21005 m Lc) ?7- ui' 3 5) -' % n o tri rp0. v 7 r_? ? U CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRE-HEARING MEMORANDUM AND NOW, comes Carol Sharpies, by and through her counsel, Robert Peter Kline, Esquire, and files the following pre-hearing memorandum in anticipation of the hearing scheduled before the Honorable Kevin E. Hess for Thursday, June 1, 2000: 1. Position on Custody. Carol Sharpies is the mother of Pauleen 0. Sharpies (date of birth July 30, 1988) and Sarah A. Sharpies (date of birth December 29, 1989). Robert J. Sharpies is the father of the children. Present custody arrangement provides for mother to have primary physical custody of the children, subject to periods of partial custody with the father. From August 1999 through mid-January 2000, mother and the children resided in the marital home in the Borough of New Cumberland. On or about January 18, 2000, mother moved from the marital home, in part to avoid father's harassment, to the residence of her paramour, Estes Wills, Jr., and his 13-year old son, Travis Wills, in Shermans Dale, Perry County. The children at that time were transfered from the West Shore School District to the West Perry School District. Father resumed residence in the marital home in March 2000 and initiated this action seeking to return the children to the marital home. The mother is the best parent to provide a stable and nurturing home with adequate supervision for the children. The Court has already heard graphic testimony regarding father's abusive treatment of mother and the children at a hearing on the exclusive possession of the marital residence in August, 1999. Father's drinking, abusive tendencies, and inability to provide adequate supervision and discipline preclude him from obtaining the relief that he seeks. Father's position rests solely on returning the children to their former home and the purported desire of the children, which is a direct result of the father's manipulation. However, the children are doing well in their new schools and have made new friends and should be able to maintain contact with their old friends when they visit their father. Therefore, it is mother's position that father's requested relief should be denied. 11. Witnesses. 1. Carol Sharpies, 1075 Bower Road, Shermans Dale, PA 17090. Carol Sharpies is the mother of the children and will provide testimony as to the stability of her household, her employment situation, her ability to provide care for the children, the activities she participates in with the children, and the support that she receives from both her paramour and his parents in regard to caring for the children. She will also testify as to her concerns regarding the father's ability to care for the children, especially in light of the father's excessive drinking, casual illegal drug use, abusive and manipulative tendencies, and general inability to provide adequate supervision for the children. She will also testify as to her knowledge of disparaging comments made by father regarding mother to the children and father's attempts at manipulating the custody situation. 2. Estes Wills, Jr., 1075 Bower Road, Shermans Dale, PA 17090. Estes Wills, Jr. is mother's paramour with whom mother and the children reside. He will testify as to his role in providing care for the children, his observation as to mother's ability to care for the children, as well as his own personal observations on the issues described in the description of mother's anticipated testimony above. 3. Sandy Moser, 3467 Ritner Highway, Nlewville, PA 17241. Sandy Moser is mother's sister. She will provide testimony as to her personal observations regarding the care provided by mother. She will also provide testimony as to her observations regarding father's appropriateness for custody of the children, including her personal knowledge of father's illegal drug use. 4. Matt Cairns, I N. York Road, Dillsburg, PA 17019. Matt Cairns is a personal friend of both mother and father. Having known father for many years and having known mother throughout the time that mother and father were together, it is anticipated that Mr. Cairns will testify as to his personal observations regarding the ability of both parents to care for the children, most importantly in regard to the father's drinking, drug use, abusive tendencies and general inability to provide adequate supervision and care for the children. 5. Pauleen and Sarah Sharpies. Should the Court so desire, the children will be available to meet with the Court regarding their personal observations and their preferences. 6. Mother reserves the right to call such additional witnesses as may be deemed necessary upon review of father's pre-hearing memorandum. Notice of any such additional witnesses will be provided to the Court and to counsel for father as time permits. III. Proposed Disposition. Carol Sharpies, mother of Pauleen O. Sharpies and Sarah A. Sharpies, respectfully requests that fathers Motion for Modification of Custody be denied. IV. Conclusion. Carol Sharpies, mother of Pauleen O. Sharpies and Sarah A. Sharpies, respectfully requests that this Honorable Court deny the Petition of Robert J. Sharpies for modification of the current custody order. 2' 3 MA-q zcxx, DATE Res ecctfulllly submitted, r_73 / ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Plaintiffs Pre-Hearing Memorandum upon Robert J. Sharpies, Defendant, by hand delivering same on the 23 day of )LK&Y 2000, as follows: By hand delivery to: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Attorney for Defendant ROBERT PETER KLINE, SQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ?'L,h?fiRrcr U'3j G`?r\.5\L1 P`pr ???\3 "\??.4i ? ? S [ro..? 4,r (lac ? . o r ?? \ ,\ x..15 L-R?5??11L ? ? \\_ - C1Gi.- L ?L?JLS'C \ ?r?..? 'CC1G K.??hSr ?JA-P1c??S _-. ?ot-,L. a _ Z L???i?, 'C?`r?``?.4..c?•o?? J?.?.c??PrOs?S.,55LU ` __ __. -__ _. _ L? P,.S,\ ??`'?-s?c.bRnC's F.?v'r"-?•?Sr?-Lc-?.. t-os?s„5..___. ---._.. _ _ _ Go? \5.? l dl9 ? ?k•L.?? ?L- ? `vLf?l•35.,.? ? t?.C.vC?? ?i?<< --__.. ?. ?\'np T?? ?v'Ce.\\\?•JtRVC\w4??Pcb\? C??`?1c??os.._.;:? ---- ---...._._ .- S?L \S T?4i °'c`'? Tr?'cT ??i[?'C???cT'S%? ?C?.•. TiS 4i ?Yra ????ti4fl\i?.- (???v? ?c?.5 ?vSS wc?fl\? So <?? c_ys,?r r? c(??o'? •c??4_ _ _._- t ? ?\Sc `?J4?? C?!'}r?o•c? O ? : r?ir 3?1?a•[`4L ._. ?S ?1 0 \ F? ??a ???5 c D CAROL SHARpLES, Plaintiff V. ROBERT J. SHARpLES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3767 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT"S FIRST SET OF INTERROGATORIES ADDRESSED TO PLAINTIFF And now comes, Robert J. Sharples, Defendant Pro Se requests that the Plaintiff answer the following interrogatories, under oath, or under verification pursuant to 18 Pa.C.S. §4904, within thirty days of the date of service hereof and in the manner prescribed by the rules of this Court including, but not limited to, Pa.R.C.P. No. 1920.22 and 4001 et seq. INSTRUCTIONS 1. These interrogatories shall be deemed continuing in nature so as to require the prompt filing of supplemental answers if you obtain further relevant information between the time that the answers are served and the time of the trial. 2. Each interrogatory and sub-part of each interrogatory is to be answered separately and as completely as possible. 3. Each interrogatory is addressed to your personal knowledge and information and to the knowledge and information of your attorneys, accountants, agents, employees, consultants, business entities and representative, and other representatives. 4. If an interrogatory asks for information which could have, at some time, been answered by consulting documents which no longer exist, then in answer to such interrogatory: (a) identify what information was contained in such documents; (b) identify all of the type(s) of documents which contained such information; (c) state the time period during which such documents were maintained; (d) state the circumstances under which such documents ceased to exist; (e) state the date on which such documents ceased to exist; (f) identify all persons having knowledge of the circumstances under which such documents ceased to exist; and (g) identify all persons who have knowledge or had knowledge of the document and the contents thereof. Q? 3 r iI cS o 11 i Z 353 367 333 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intemalionai Mail lSna ravamwl Sent to s ee a Ra r U ?la& tmsL' Post Office Slate, & .ZIP Cade nq / / / Postage $ / a Confied Fee /.40 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Wham a Date Delivered Remsn Recap slsmYpro Dale, a Mdeaae /• TOTAL P ees , Postmark D . m S 0 LL a r U'70 ROBERT PVMR SLUM Attorney & Counsellor at Law 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, Pennsylvania 17070-0461 (717) 770-2540 tax (717) 770-2553 January 19, 2000 Robert J. Sharpies 4701-A Charles Road Mechanicsburg, PA 17055 Dear Mr. Sharpies: I am writing to you on behalf of my client, Carol Sharpies. You are hereby requested to cease and desist from contacting my client at her place of employment unless it pertains to an emergency involving one of your children. Failure to honor this request may result in filing of appropriate criminal and/or summary charges against you, which may include harassment and/or harassment by communication. I thank you for your attention to this request. ours, 4714 ?- ROBERT PETER KLINE, ESQUIRE RPK/srf cc: Carol Sharpies ROBIRRr F%WR HLUM Attorney & Counsellor at Law 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, Pennsylvania 17070-0461 (717) 770.2540 fax (717) 770.2553 February 3, 2000 Robert J. Sharpies 4701-A Charles Road Mechanicsburg, PA 17070 Dear Mr. Sharpies: The purpose of this letter is to address your repeated requests for an inventory of the marital assets. You have not been provided with this inventory at the present time for two reasons. First, you have not yet answered the Interrogatories, the responses of which would contain information necessary to complete the inventory. Second, Carol has had difficulty locating the documentation necessary to allow me to prepare such an inventory. After the support conference earlier this week, it has become obvious that you are in possession of at least some of Carol's records. I hereby request that copies of all records regarding any financial account in either Carol's name or your name be provided to my office as soon as possible so that your request can be complied with. My client and I are making every effort to have this matter move forward as quickly as possible. Your continuing and ongoing delay in responding, as well as your wuceulmeiit of tli:: you have tal;cri be!oneging to CprQ!, >.c t,t,c of the primary reasons why this case is not moving forward at the present time. Very tm yo ROBERT PETER KLINE, ESQUIRE RPK/srf cc: Carol Sharpies ROBERT PETER SL= Attorney & Counsellor at Law 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, Pennsylvania 17070-0461 (717) 770-2540 fax(717)770-2553 March 30, 2000 E. Robert Elicker, 11, Esquire Office of the Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Re: Carol Sharpies v. Robert J. Sharpies No. 99-3767 Civil Term Dear Mr. Elicker: Please be advised that discovery in the above matter appears to be complete. I have filed an Inventory on behalf of my client on this date. Although Mr. Sharples has yet to file an Inventory, I would ask that you move forward with the scheduling of a pre- hearing conference at the earliest possible time. If you have any questions regarding this request, please do not hesitate to contact me at my office. ly yours, n ` ROBERT PETER KLINE, ESQUIRE RPK/srf cc: Carol Sharples Robert J. Sharples CAROL SHARPLES, Plaintiff VS. ROBERT J. SHARPLES, Defendant TO: Robert Peter Kline Robert J. Sharples IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 3767 CIVIL IN DIVORCE Attorney for Plaintiff Defendant DATE: Friday, November 12, 1999 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. n l - v U? I Cam/ V° (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. CAROL SHARPLES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. : 99-3767 CIVIL ROBERT J.SHARPLES, Defendant/Petitioner CIVIL ACTION-LAW IN RE: PROTECTION FROM ABUSE ORDER AND NOW, this 71 " day of August, 1999, the petition of Robert J. Sharples for a protective order is DENIED. Robert Peter Kline, Esquire For the Plaintiff/Respondent Keith DeArmond, Esquire For the Defendant/Petitioner BY THE COURT, A. Hess,J a_99 RK I 9.irrtrx.<.?zaL ..,to ?9P Am IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, No. 99-3767 Civil Plaintiff V. Robert J. Sharpies, Defendant TEMPORARY PROTECTION FROM ABUSE ORDER AND NOW, this _ day of 1999, upon consideration of the attached Petition for Protection from Abuse, the Court hereby enters the following Temporary Order: 1. The Respondent shall not abuse, harass, stalk, or threaten the Petitioner in any place where he may be found; 2. The Respondent is prohibited from having ANY CONTACT with the Petitioner at any location, including, but not limited to, any contact at Petitioner's place of employment; 3. Respondent shall not contact Petitioner by telephone or any other means, including through third persons pending the outcome of the final hearing in this matter; 4. The Petitioner is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Petitioner. 5. The Cumberland County Sheriff's Department shall attempt to make service at Petitioner's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for Service. The Prothonotary shall not send a copy of this Order to Respondent by mail. 6. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the court finds that Respondent has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Petitioner. 7. A certified copy of this Order shall be provided to the police department where Petitioner resides and any other agency specified hereafter. BY THE COURT, I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharples, No. 99-3767 Civil Plaintiff V. Robert J. Sharpies, Defendant FINAL PROTECTION ORDER AND NOW, this day of , 1999, it is hereby Ordered, Adjudged, and Decreed as follows: 1. The Respondent shall not abuse, harass, stalk, or threaten the Petitioner in any place where she may be found; 2. The Respondent is prohibited from having ANY CONTACT with the Petitioner at any location, including, but not limited to, any contact at Petitioner's place of employment; 3. Respondent shall not contact Petitioner by telephone or any other means, including through third persons pending the outcome of the final hearing in this matter, 4. The Petitioner is enjoined from damaging or destroying any property owned jointly by the parties or owned solely by Petitioner. 5. Respondent shall pay to Petitioner the amount of $ as compensation for Petitioner's out-of-pocket losses. 6. The Cumberland County Sheriffs Department shall attempt to make service at Petitioner's request and without pre-payment of fees, but service may be accomplished under any applicable Rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for Service. The Prothonotary shall not send a copy of this Order to Respondent by mail. 7. This Order shall remain in effect until modified or terminated by the Court and can be extended beyond its original expiration date if the court finds that Respondent has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to Petitioner. 8. A certified copy of this Order shall be provided to the police department where Petitioner resides and any other agency specified hereafter. 9. All provisions of this Order shall expire one year from the date this Order is entered. NOTICE TO RESPONDENT VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO SIX MONTHS. 23 PA.C.S. 6114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. THIS ORDER IS ENFORCEABLE IN ALL FIFTH (50) STATES, THE DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES, AND THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN ACTION 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF THE STATE AND INTENTIONALLY VIOLATE THIS ORDER YOU MAY BE SUBJECT TO FEDERAL CRITIINAL PROCEEDINGS UNDER THAT ACT. 18 U.S.C. §§2261- 2262. BY THE COURT, J. NOTICE TO LAW ENFORCEMENT OFFICIALS This Order shall be enforced by the police who have jurisdiction over the Petitioner's residence OR any locations where a violation of this Order occurs OR where the Respondent may be located. If Respondent violates any paragraph of this Order, Respondent may be arrested on the charge of Indirect Criminal Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable cause, whether or not the violation is committed in the presence of law enforcement. Subsequent to an arrest, the law enforcement officer shall seize all weapons used or threatened to be used during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be delivered to the Sheriffs office of the County which issued this Order, which office shall maintain possession of the weapons until further Order of this Court, unless the weapons are evidence of a crime, in which case, they shall remain with the law enforcement agency whose office made the arrest. BY THE COURT, J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, No. 99-3767 Civil Plaintiff/Respondent V. Robert J. Sharpies, Defendant/Petitioner PETITION FOR PROTECTION FROM ABUSE COMES NOW, Robert J. Sharples,'by and through his attorney, Keith B. DeArmond, Esq., and petitions this Honorable Court as follows: 1. Petitioner is Robert J. Sharpies, an adult individual who resides at 420 Haldeman Boulevard, New Cumberland, Cumberland County, Pennsylvania. 2. The Respondent is Carol Sharpies, an adult individual who resides at 420 Haldeman Boulevard, New Cumberland, Cumberland County, Pennsylvania. Respondent's social security number is 184-48-8534. Respondent's date of birth is November 11, 1964. 3. The name of the person who is seeking Protection from Abuse is Robert J. Sharpies. 4. Respondent is Petitioner's wife. 5. The facts of the most recent incidents of abuse are as follows: On or about July 20, 1999 at 5:30 p.m. Respondent started inquiring of Petitioner as to when Petitioner was leaving the house. Petitioner avoided Respondent. Respondent started yelling disparaging remarks in front of the parties' children. Respondent picked up a Moroccan water jug and struck Petitioner on the leg. The police were called. On July 19, 1999, Respondent grabbed a telephone and smashed it on the countertop causing the battery to fly in Petitioner's direction. In May, 1999, Respondent kicked Husband in the small of his back. In March, 1997, Respondent threatened Petitioner with a.25 caliber pistol while Petitioner was in the shower. Assault charges were filed but were later dropped by the Petitioner. 6. The police department or law enforcement agency in the area in which Petitioner lives should be provided with a copy of the Protection Order. 7. Petitioner has suffered out-of-pocket financial losses as a result of the abuse described above. WHEREFORE, Petitioner requests this Honorable Court enter a temporary Order, and after hearing, a final Order as follows: a. Restrain Respondent from abusing, threatening, harassing, or stalking Petitioner in any place where he may be found; b. Prohibit Respondent from having any contact with Petitioner in person, by telephone, or in writing, personally or through third persons, including, but not limited to, any contact at Petitioner's place of employment; C. Order Respondent to pay the costs of this action, including filing and service fees; d. Enjoin Respondent from damaging or destroying any property owned jointly by the parties or owned solely by Petitioner; e. Any other relief as the Court deems appropriate; and f. Order the police or other law enforcement agency to serve Respondent with a copy of this Petition, any Order issued, and the Order for hearing. Respectfully submitted, K th B. De ond, Esq. Attorney for Petitioner DeAnnond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Motion for Exclusive Occupancy of Marital Residence and Order of Court dated July 6, 1999, upon Robert J. Sharpies, Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 7th day of July, 1999, from New Cumberland, Pennsylvania, addressed as follows: Robert J. Sharpies 420 Haldeman Avenue New Cumberland, PA 17070 ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff c N Z r r , l L LL J. = rD 0- U 0 m CAROL SHARPLES, Plaintiff VS. ROBERT J. SHARPLES, Defendant DATE: NOV 12, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 3767 CIVIL 19 IN DIVORCE STATUS SHEET ACTIVITIES: SENT CERTIFICATION TO COUNSEL. Wu? mw , ?- v •06 - 7 /r e/u?o I (I ?Lp u'- r / CAROL SHARPLES, Plaintiff VS. ROBERT J. SHARPLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 3767 CIVIL IN DIVORCE TO: Robert Peter Kline Attorney for Plaintiff Robert J. Sharpies Attorney foi Defendant DATE: Friday, November 12, 1999 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 PL NTIET ( ) 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. 71 ... (??? 'Q tJ?., \ t?.:? 'V '? "\ ?./.1 ? ? l? \(\ ? ?L 5? ? ft ?' i./ C\. Q!l'l\ L ?L?A ve c+"5+l 'Cor .L [1 lsbL.n, - _. .. ?' [?• Q ?' fl J \ ? \?'f(? ?/ "?r t??'l,l \ v L J i?C` J \ c? t"??. 4? V?\? ._._.... ... ?•l\ ?S..T To t4 ???.'?\`1L? ?j .ate t\,. ? __. _... . ..-v??TtS T?C9.S7 ??? ?S\v?ce??i^c.t?r?G?..?n ??\????? `. Afl?.__.. ___.. _.. ._. RcS??rS Ta ?`L 'C `.?l?wu :?[1 ? A Fii>'c'O ?1?Lq?V?.`L• .?.al'`.!>?r/?? _._. __ ._ ??C?\v9.?1. \ Msa l '('Cw?C ws? L+??S Sl?jr =-.9 b'-•t 1'?'O ??-... \ ?. ?.?? p S ? \ T ?? 1 ? ,?.'`?r?- c.v,f• :- -'.?' ti 9 r.-.?.LLc. r Y?L ?,'-- YV1 ? ?:.. / rr l n r 5.5/J -nOt n f -a o.?r l3.-. l ! :.(`? V sty ??-l?, Rs S ? ar? ? t.5? ?s??+-.zOrrn? y7vJ ft Char/1,s ro ?? h, P? 1-7,.> 5-5 _1-....... _ --all...... ?r 7 -lit -T zyr?p5?_S L\ \Lt?.?c' `1?LL0 S TJ G?,,? _..._.. ??.L`'?\S?n.o.?\.p 1r\.G-\•-'DL `A --AC 6?5 k?Ph4S5.n.? o- ..__.. - .Z b4. \Y?, ?-\v\ ass.T?oc. ?-o ?.?L \? 'Cv1.A ? i-:R\ Pro?? '_ T F?? ?4r..pArO vv pz.. ? xpedx Atlantic Group 211 House Avenue P.O. Box 1337, Harrisburg, PA 17105 Camp Hill, PA 17011.2311 JW& An International Paper Compary 6 f r??ununi?iIII ,rLLrnru? f. ROB»RT F%TER ITLLU 1E Attorney & Counsellor at Law 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, Pennsylvania 17070.0461 (717) 770.2540 fax (717) 770-2553 December 3, 1999 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Carol Sharpies v. Robert J. Sharpies No. 99-3767 Civil Term Dear Mr. Elicker: This office represents the plaintiff, Carol Sharpies, in the above-captioned matter. 1 have received notice from your office that Robert J. Sharpies, the defendant, has, pro se, filed a Motion for Appointment of Master and that, in fact, an Order Appointing Master was entered on November 9, 1999. For informational purposes only, please be advised that Mr. Sharpies was previously represented by Keith DeArmond, Esquire, who I understand remains attorney of record although he has advised me on a number of occasions that he no longer represents Mr. Sharpies. The purpose of this letter is to advise you that discovery is not complete in this matter. Within the next few weeks, I will be preparing and serving upon Mr. Sharpies interrogatories to determine his position in this case. As Mr. Sharpies will then have thirty days, pursuant to the Rules of Civil Procedure, within which to answer those interrogatories, I do not anticipate the discovery in this matter will be complete any earlier than February, 2000. Ve truly yours, '04(at ROBERT PETER KLINE, ESQUIRE RPK/srf cc: Carol Sharpies Robert J. Sharpies Keith B. DeAmiond, Esquire *(5aco\ L. S kCS V. Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW NO.j-l(.-I CIVIL 1999 CUSTODY VISITATION ORDER OF COURT And now, this 111110, upon consideration of the attached complaint, it is hereby directed that the above parties and their respective counsel appear before M(Ck-,cy- \ L. Qug-, Esquire, the conciliatort At N' \ ( J Pennsylvania, on the \?Q day of NbCc V1 2000, at 3'- 00 A.M./ , for a Pre-hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: O?;IX1ff?dl?C1?. Custody Conciliator 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. THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 1-800-990-9108 .: ?-. ,. . • ?:?; „? ? ?r ,.,, ?' ???? a ?>.?? , c!? ?itcPil ?w M. /3?? FEa - 4 G?rnbj?-rlano ?PY/?'1?f ? ??J` ?`FV.. r? !-? ! ?•7 .?.1.?.1,I GI / /7 of rr - --.ER?D_.Lc ?Lz? 'TNai? p.LRr n b.Sf_..N?S 144- 14 TI, JAN 1 _ _.._.-_- -'---_L s. lt?n.(JI `.. .?c•\1D?? \?R-c?9 C?.?n?? .J -- .. 1 n fl . L a <\ Jw Sc< Y ___.._._ -. ?. ?<v?Ln?AtiT c?7?f. R.?-J C17 C"i \??Ck\ _.-?-?.5 ?: 9.?y SA??? J7?L ?/l t?\Q 5`xc?'4!\?vJ`? fl? C?.s?" `. ° i'?-`S? s?\ rt 0 L " M D Lf. ('I In'fr q-, 'n IVY, bL _ J ?-^4--o b Y Q V s}'\_ks n r11!l.-Ef-C _4-°_ tTn. /-, -r7 L !". G?-i n f I. l- ft5__.1.Il12.LF?f_L??1?L ?.u r 4-rt.C Co --- \. Y?ii__?3?r-i.?c.... _.'-,?.....:?_. ?c._T.SSI.oS o,?.. -G_°.-VUC"?Y1=?_T ?•Cl ....__.._.-_---?` i4 I'lfx.? R'v?rn _'a?'1 s G :?:"?"rj_:r.?':3-? D ? w ,ten p u1._-?. ?__ ?-?; 5 ?"' __..... l 1\\ ?•L ?\O L`?i_?"\17 A??\? F?L Iv\L--?:-.5 ?L ?p LS ?. \?\.T?('.5 td. ` ?vl. 'i.?- Q?vl .,\?JSc-.. ?`c `??6?`J ?D\\Y,•Y.?. 'l't0??\5'?-? ..?9_J L __ _.- -_. ... _.___. R:rC. ?O ?? J'i.•S7 ?.+\Rt? 1 ? J 'C L?e.S.LS T'.?. - \v ?(?•.__ 'a.? • J l ? Y\ '"l •LiJ ? V L4??? Yom..] .?Y` J ?C?O?\ •?. 1J? ? - -___ C•?P?bc'q?:z?... C?-°c?t-- ? C;.?P,?"O `c?.?.nS`l..p,r \_."?.?C`?\\)?_? Cal •s.?m\ .,c?or L.=?C`ID'S?. VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. Section 4904 relating to unswom falsification to authorities. i ;aarrnpp Hull Boro, AC mbedand Coon rmlres May 6, 201 CAROL SHARPLES, Plaintiff/Respondent V. ROBERT J. SHARPLES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-3767 CIVIL TERM IN DIVORCE IN RE: MOTION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 11th day of February, 2000, after hearing, the within motion is deemed withdrawn. By the Court, Robert Peter Kline, Esquire For the Plaintiff/Respondent Robert J. Sharples, Pro se 4701A Charles Road Mechanicsburg, PA 17070 ?K4,?*L - Kevin Hess, J. Q d - H-00 RKs :bg ?. ;; ?? ?. ? .. r i ,., ..:'r ?. N ? q n > m 2 W c 5 ?og U n J VAR -, 2 zodo c 'a • • 1 CAROLLSHARPLES, Plaintiff VS. ROBERT J. SHARPLES, Defendant IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3767 CIVIL TERM CIVIL ACTION-LAW ORDER AND NOW, this a 7 16 day of )'J z c 2000, upon receipt of the Conciliator's Report, it appearing that a hearing in this matter is necessary, it is hereby ordered and directed as follows: A hearing is scheduled for the day of Lac%IL 2000, at 91'?30 o'clock 14 .M., in Court Room Number V of the Cumberland County Court House, Carlisle, Pennsylvania. Both parties, through counsel, will provide each other and the court with a list of witnesses ten (10) days prior to the date of the hearing along with a statement as to their expected testimony. Additionally, both parties will submit their proposal for a resolution of the matter. Robert P. Kline, Esquire Robert J. Sharples, pro se 4701 A Charles Road Mechanicsburg, PA 17055 BY THE COURT, KC. HESS, J. V'v /!; mlb CAROLL SHARPLES, Plaintiff vs. ROBERT J. SHARPLES, Defendant JUDGE PREVIOUSLY ASSIGNED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3767 CIVIL TERM CIVIL ACTION - LAW The Honorable Kevin A. Hess CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child(ren) who is(are) the subject of this litigation is as follows: NAME Pauleen O. Sharples Sarah A. Sharples BIRTHDATE July 30, 1988 December 29, 1989 CURRENTLY IN CUSTODY OF 2. A Conciliation Conference was held on January 13, 2000, and the following individuals were present: the Plaintiff and her attorney, Robert P. Kline, Esquire; the Defendant appeared pro se. 3. Items resolved by agreement: None. 4. Issues yet to be resolved: Father's requested change in the custodial arrangement. 5. The Plaintiff's position on custody is as follows: Mother acknowledges that she moved in with someone else in January and moved to Perry County. She formerly lived in New Cumberland. She said that the children are adjusting well and have not indicated any problems to her. 6. The Defendant's position on custody is as follows: Father filed a Petition pro se. He alleges that the children do not want to reside with Mother anymore because she moved and is living with a new man. He indicated that the children told him that Mother's paramour has hit them on occasion and they do not like living with her and want to move with him. 7. Need for separate counsel to represent child(ren): Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. 9. A hearing in this matter will take one-half day. 10. Other matters or comments: This is a case where the Mother has had primary physical custody of the two children who are l 1 and 10 years old. Apparently there has been a change in that Mother has relocated and moved in with someone else. This necessitated a change in the school district for the children as well a change in the place in which they resided. The Father is requesting a drastic change in the custodial arrangement. Such a drastic change should only occur if there are significant changes such that the children are having difficulty in their new living arrangement. If the Court decides to interview the children, it may get a real understanding as to whether or not the new environment is causing such a great problem for them. The parents' reports about the children's statements to them are diametrically opposed to one another and it may simply be a situation where the children are telling each parent what they want to hear. Date: March 20, 2000 Mich el [.. Bangs Custody Conciliator CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION -LAW Defendant : IN DIVORCE INVENTORY OF CAROL SHARPLES Plaintiff, Carol Sharpies, files the following inventory 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. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 C.S. §4904 relating to unswom falsification to authorities. l l ??l CAROL SHARP E Plaintiff CAROL SHARPLES, Plaintiff V. ROBERTJ. SHARPLES, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3767 CIVIL TERM CIVIL ACTION - LA W IN DIVORCE INVENTORY AND APPRAISEMENT OF PLAINTIFF Carol Sharples, Plaintiff in the above-captioned matter, hereby submits the following inventory and appraisement of marital property: I. Real Property 420 Haldeman Avenue, New Cumberland, Cumberland County, PA Current Value: $87,000.00 as determined by appraisal Purchased: February 12, 1993 for $77,300.00 Encumbered by the following mortgage liens: Pennsylvania Housing Finance Agency Unpaid balance as of June 18, 1999: $68,524.79 Unpaid balance as of February 17, 2000: $68,019.11 First National Bank of Newport Unpaid balance as of March 28, 2000: $9,513.55 Wife provided the stun of $10,000.00 of her own premarital funds for the down payment and closing costs for the marital home. Estimated equity in property: $9,500.00 II. Personal Property Miscellaneous personal property as described in Exhibit "A" attached in the possession of each party as described in such Exhibit, value to be determined by appraisal and/or agreement of the parties. Ill. Retirement Accounts A. Wife's retirement accounts: 1. American Express Bond Fund Balance as of June 22, 1999 $20,272.38 2. American Express New Dimensions Fund Balance as of June 22, 1999 7,930.90 Redemptions were made from the AE Bond Fund in June and August for the purpose of paying down the marital debt. B. Husband's retirement accounts: 1. Pennsylvania Blue Shield Voluntary Investment Plan Balance as of September 30, 1997 5,482.99 IV. Vehicles A. 1990 Plymouth Acclaim in possession of Wife; value to be determined B. 1986 Chrysler LeBaron in possession of Husband; value unknown V. Marital Debt Other than the debts secured by the marital property addressed above, the parties are subject to the following marital debt: A. Sears credit card in the name of Carol L. Sharpies Balance as of June 22, 1999: $300.00 Current Balance of March 1, 2000: $0.00 B. Bridgestone/Firestone card in the name of Carol Sharpies Balance as of June 22, 1999: $400.00 Current Balance as of March 1, 2000: $0.00 C. JCPenney Credit Card in name of Carol Sharpies Balance as of June 22, 1999: $360.00 Current Balance as of March 1, 2000: $0.00 D. Home Depot Credit Card in name of Carol Sharpies: Balance as of June 22, 1999: approx. $1,700.00 Current Balance as of March 1, 2000: $900.00 VI. Life Insurance A. Wife: None B. Husband: Ameritas Policy No. 420787; face amount $10,000.00; cash value $372.68 YIAkJt-cam 2acrp Date ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff Res ectfully submitted by, CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Inventory and Appraisement of Plaintiff upon Robert J. Sharples, Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the :oM day of MhA-ctt , 2000, from New Cumberland, Pennsylvania, addressed as follows: Robert J. Sharpies 420 Haldeman Avenue New Cumberland, PA 17070 ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff ?' > r- = F c ?- w'? - c ? • _ ? ?cl.- G. . _i ?" ? C? ?i?? ' ' (:; .7. ?. '. . Cc[ J F . :i l: ) < ._ v . CJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, No. 99-3767 Civil Plaintiff V. Robert J. Sharpies, Defendant To: Carol Sharpies c% Robert Peter Kline, Esq. You are hereby notified to file a written response to the enclosed Answer and Counter Claim within twenty (20) days from service hereof or ajudgment may be entered against you. Respectfully submitted, Keith B. DeArmond, Esq. Attorney for Defendant DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, No. 99-3767 Civil Plaintiff V. Robert J. Sharpies, Defendant ANSWER TO PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND COUNTER LAIM COMES NOW, Defendant, Robert J. Sharpies, by and through his attorney, Keith B. DeArmond, Esq., and answers the Petition of Plaintiff as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. Denied. 8. Paragraph 8 sets forth a conclusion of law to which no response is required. 9. Denied. Defendant is without sufficient knowledge to form a belief as to the truth of the averment contained in paragraph 9 and therefore denies same. WHEREFORE, Defendant respectfully requests this Honorable Court deny the relief sought by Plaintiff. COUNTER CLAIM DEFENDANT'S PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE. 10. Paragraphs 1 through 9 are incorporated herein by reference as if set forth at length. 11. Plaintiff has engaged in a pattern of behavior wherein she makes disparaging remarks to Defendant in front of the parties' children in an effort to alienate the children from their father. 12. Plaintiff has on numerous occasions physically abused Defendant. A Petition for Protection from Abuse has been filed with this Honorable Court by Defendant. 13. Defendant is the innocent and injured spouse and has, by virtue of being an owner of record of the marital dwelling, a right to occupy that dwelling. 14. Defendant believes and avers that Plaintiff will continue her abusive and estranging behavior which is harmful to Defendant and damaging the parties children. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order awarding exclusive possession of the marital residence to Defendant and denying Plaintiff access to the marital residence. Respectfully submitted, Keith B. eArmond, sq. Attorney for Defendant DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 Jul-29-99 04:14P DeArmond & DeArmond 7177302166 ARWICATION 1, the undersigned, do hereby verify that the statements made in the foregoing document are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unworn falsification to authorities. Dater Robert J. Sharples P.03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, No. 99-3767 Civil Plaintiff V. Robert 1. Sharpies, Defendant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of an Answer and Counterclaim in the above captioned matter upon the following via United States First Class Mail, Postage Pre-paid: Carol Sharpies c% Robert Peter Kline P.O. Box 461 New Cumberland, PA 17070 Date: Cralegal DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 ? C?j .;; C ?-: 1 ?= l..f ?'. (_l! ?. ? - l._ .. '.t. u- ' (': ?_. I 1 _? ?, l "7 _ ( i ll J. ' ? ? :L _ 11. !T ? j U v', C.J a k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharples, No. 99-3767 Civil Plaintiff V. Robert J. Sharples, Defendant To: Carol Sharples c/o Robert Peter Kline, Esq. You are hereby notified to file a written response to the enclosed Answer and Counter Claim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Keith B. De ond, Attorney for Defendant DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, No. 99-3767 Civil Plaintiff V. Robert J. Sharpies, Defendant ANSWER AND COUNTER CLAIM AND NOW, comes Defendant, Robert J. Sharpies, by his attorney, Keith B. DeArmond, Esq., and files this Answer to Plaintiff s Complaint in Divorce as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court enter a decree in divorce. COUNT II EQUITABLE DISTRIBUTION 12. No response is required. 13. Admitted. 14. Admitted. WHEREFORE, Defendant requests your Honorable Court enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. COUNTER CLAIM COUNT III ALIMONY PENDENTE LITE COUNSEL FEES COSTS AND EXPENSES 15. Paragraphs 1 through 14 are incorporated herein by reference as if they were set forth at length. 16. Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney's fee for said counsel. 17. Defendant is unable to sustain himself during the course of this litigation. WHEREFORE, Defendant requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT IV ALIMONY 18. Paragraphs I through 17 are incorporated herein by reference as if they were set forth at length. 19. Defendant lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 20. Defendant requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests your Honorable Court to enter an award of Alimony in his favor. Respectfully submitted, Keith B. DeArmond, I.?? Attorney for Defendant DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 Supreme Ct. I.D. No. 58878 Jul-29-99 04:14P DeArmond & DeArmond 7177302166 VERIFICATION 1, the undersigned, do hereby verify that the statements made in the foregoing document are correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of IS Pa. C.S. §4904 relating to unworn falsification to authorities. Dater Rc ert J. Sbsrp es P.02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Carol Sharpies, No. 99-3767 Civil Plaintiff V. Robert J. Sharpies, Defendant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of an Answer and Counterclaim in the above captioned matter upon the following via United States First Class Mail, Postage Pre-paid: Carol Sharpies c% Robert Peter Kline P.O. Box 461 New Cumberland, PA 17070 Date: 30 Christina M. Werner, Paralegal DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 717-730-9394 ri - C C 1 ?. C: 1 I LJ._ 7 -4 I 1' THE C01 Plaintiff vs. e, A 3?69 N0. 29 ?? MOTION FOR APPOI.`L'P?tr?NT OF `FASTER (Defendant), moves the court to appoint a master with respect to t e following claims: ( X) Divorce ( x) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ('X ) 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) (Faow-ao4 appeared in the action (personally) (by his attorney, Esquire). \ v F r (3) The statutory ground(s) for divorce (is) (are) 1, (4) De.,ete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: Lh , L ?• nn (c)- The a on is contested with, spect to the follow claims: ?J "C ` or fact 5) The action (-( es not volve) complex issues . (6) The hearing is expected to take ? (hours) (dmjb). (7) Additional information, if nay, relevant to the motion: Date: 0 ER A AND NOW WJ 29 is appointed ma t wi h T -E' r (Defendan 4 / s er t respect to uae coltcw3.ng c.ia=s: By J Tllj i f 5 HPC = 211 House Ave. REDISTRIBUTION PO Box A17105 ice.,.. 1ti CAROL SHARPLES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Rcspmtdent CUMBERLAND COUNTY, PENNSYLVANIA VS' CIVIL ACTION - DIVORCE NO. 99 - 3767 CIVIL TERM ROBERT J. SHARPLES, IN DIVORCE DefendanUPctitioner DR# 29,616 Pacscsk 4191112238 ORDER OF COURT AND NOW, this 27°' day of April, 2000, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on Mav 2S. 2000 ur 10.30A M. for it conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendenic Lite be entered. The conference previously scheduled with Sally Kreitzcr on case number 4481022011 will now be heard by RJ Shadday at the same time. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11 f) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 4-27-00 to: < Respondent Steven Howell. Esquire Robert Kline. Esquire Date of Order: April 27. 2000 R. . Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION ?<qte 2 LIBERTY AVE. /"'? CARLISLE, PENNSYLVANIA 17013 /- t y (717) 249-3166 . /; A/1 I . CAROL SHARPLES, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ROBERT J. SHARPLES, DEFENDANT NO. 99 - 3767 CIVIL TERM CIVIL ACTION - LAW PETITION FOR ALIMONY PENDENTE LITE Defendant Robert J. Sharples has filed a Counterclaim to a Divorce Complaint and raised in Count III a claim for alimony pendente lite against the Plaintiff Carol Sharples. Defendant's Counterclaim was filed on or about August 3, 1999. 2. Plaintiffs net monthly income was determined to be $2,320.46 by Order of Court dated February 1, 2000. This Order was not appealed. 3. Defendant's net monthly income was determined to be $1,596.29 by Order of Court dated February 1, 2000. This Order was not appealed. 4. The parties' disparity in monthly net income is $724.17 in favor of Plaintiff and Defendant is entitled to an award of alimony pendente lite in order to adequately represent himself in these proceedings. 5. Alimony pendente lite (APL) is based on the need of a party with limited means to have adequate financial resources to pursue or defend a divorce action. McNaughton v. McNaughton, 412 Pa. Super. 409,603 A.2d 646 at 650 (1992) and Rozman v. Rozman, 43 Cumberland Law Journal 385 at 389 (1994). A financially dependent spouse maybe entitled to both alimony pendente lite and attorney fees in order to maintain or defend against a divorce proceeding. Butler v. Butler, 423 Pa. Super. 530, 621 A.2d 659 (1993), appeal granted, 535 Pa. 629, 631 A.2d 1002 (1994). WHEREFORE, Defendant Robert J. Sharpies respectfully requests this Honorable Court to award alimony pendente lite in accordance with the Uniform Support Guidelines as established by the Pennsylvania Supreme Court. BY: 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Date: April 19,2000 Attorney for Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the following individuals by postage prepaid, first class United States Mail addressed as follows: Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070-0461 BY: ven Ho I , E uire Date: April 19, 2000 J VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. BY: Robert J. Sharpless Date: ?tq? -? \ gt rJ-? APR-17-00 MON 10:56 AM CUMB CTY DRO FAX NO. 717 240 6248 P. 01 IN TFE CCURT OF CG;'h10N PLEAS Or /:U:]F?R?i=ND r;;;?•;'>'S', P£i?.v5YLVANIA _ ROJ3ERT._,7.- -SHARRLES ---- -- Plaintiff NO. 99 - 3767 Petitioner V. CIVIL ACTION - LAW IN DIVORCE CAROL SHARPLES DCiendan: Respondent DRS ATTACHMENT FOR A?L PROCEEDINGS PETITIONER. NAME ROBERT J S ARB .S ADDRESS 420 HALDEMAN AVENUE BIRTH DATE SOCIAL SECURITY NUMBER ? -71- 4-- HOME HOME PHONE WORK PHONE ?j 43 EMPLOYER NAME __ _ EMPLOYES'. ADDRESS -- ?????55 gem G JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY -+j90 Per Month OTHER INCOME _ ATTORNEY'S NAME Steven Howell, Esquire ATTORNEY'S ADDRESS` 619 BRIDGE STREET ATTORNEY'S PHONE NUM2,EP NEW (717) 770-1277 Voice (/I/) //V-IG/o raA ----------- - .....__.......... _...__.?_ ... ............................ APR-17-00 MON 10;56 AM CUMB CTY DRO - ---- -- FAX NO. 717 240 6248 P. 02 CARQL• SHARPLES - ACORRSS nn r BIRTH OATr_ -- .-?o`? , --_-- SOCIAL SPCC :':'Y N ?'.ol ? I ?^ g __ _ HOME P?IONF` ?_ -,-- -- -- 7tf 3 - g WORK rHONT EMPLOYER NAZ42 c, - EMPLOYER ADDIRESS Qy' JOB TITLE/POSITION DATE EMPLO'ZMENT COMMENCED GROSS PAY NCT PAY Y ' $2,320.46 OTHER INCCMEv- ATTORNEY'S NAME ?? G Robert P. Kline, Esquire ATTORNEY'S ADDRESS P.O Box 461, New Cumberland PA 17 ATTORNEY'S FHONE NUMSER 777-770-2540 Voice rIARRIAC.,E INFORMATION DATE OF 'ONRRIAGE PLACE OF I•rd,RRIAGE DATE OF SE ARATIOIN ADDRESS OF LAS'i MARITAL HOME _ DESCRIF'P?ON vF LOCUM$NT RAISING APL CLAIM DATE: APL DOCUMENT FILED 420 HaYdeman Blvd. New Cumberland, PA 17070 Mr. Sharples' Counterclaim to Div Complaint; Count III filed 8/3/99 Filing Date August 3, 1999 ,s oA1j- P» 70 Q pR 2 4 I CAROL SHARPLES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, VS. PENNSYLVANIA ROBERT J. SHARPLES, N0.99 - 3767 CIVIL TERM DEFENDANT CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, this 2-1,' day of April 2000 it is hereby ORDERED that the Plaintiff Carol Sharpies show cause, if any she might have, why the relief requested in Defendant's Petition for Special Relief should not be granted. Rule returnable within twenty (20) days by postage prepaid, first class, United States Mail addressed to Plaintiffs counsel of record. Certified Copies To: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070-0461 BY THE COURT, A? The onorable Kevin A. Hess' 9e y- z? -oa RK? ?\ j CAROL SHARPLES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 3767 CIVIL TERM ROBERT J. SHARPLES, DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of 2000 it is hereby ORDERED that the Plaintiff Carol Sharpies shall pay the following within ten (10) days of this Order: (1) the sum of $658.00 plus late fees to the Pennsylvania Housing Finance Agency for the February 2000 mortgage payment; and (2) the sum of $228.74 plus late fees to the First National Bank of Newport for the February 2000 mortgage payment. Certified Copies To: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 BY THE COURT, The Honorable Kevin A. Hess Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070-0461 CAROL SHARPLES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 3767 CIVIL TERM ROBERT J. SHARPLES, DEFENDANT CIVIL ACTION - LAW PETITION FOR SPECIAL RELIEF On August 10, 1999 the Honorable Kevin A. Hess ordered the exclusion of the Defendant Robert J. Sharples from the jointly owned marital residence located at 420 Haldeman Avenue, New Cumberland, Pennsylvania 17070. The effective date of Mr. Sharples' exclusion commenced August 21, 1999. A true and correct copy of this Order is attached hereto as Exhibit "A,. 2. At some point in January 2000 the Plaintiff left the marital residence and removed the two children without Defendant's consent to Perry County, Pennsylvania. On March 2, 2000 the Honorable Kevin A. Hess vacated the August 10, 1999 Order based upon a Stipulation which was not executed by Mrs. Sharples until February 22, 2000. A true and correct copy of this Order and Stipulation is attached hereto as Exhibit "B" 4. Plaintiff Carol Sharples failed to pay the first mortgage holder the sum of $658.00 for the mortgage payment for the month of February 2000. Plaintiff Carol Sharples failed to pay the second mortgage holder the sum of $228.74 for the mortgage payment for the month of February 2000. 6. During Plaintiffs sole and exclusive occupancy of the marital residence she failed to timely pay the sum of $886.74 which represents the amounts set forth in 14 through 15. Defendant resumed occupancy of the marital residence on or about March 2, 2000 and he has paid one (1) payment to the first mortgage holder of $658.00 on April 12, 2000 and one (1) payment to the second mortgage holder of $251.61 on April 7, 2000. WHEREFORE, Defendant Robert J. Sharples respectfully requests this Honorable Court to award order the Plaintiff Carol Sharples to pay within ten (10) days the mortgage payments due to the first and second mortgage holders for the marital residence for the period of time January 1, 2000 through March 1, 2000 as well as his reasonable counsel fees incurred in this Petition for Special Relief. BY: / teve Ho 11, Esquire 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Defendant Date: April 19, 2000 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the following individuals by postage prepaid, first class United States Mail addressed as follows: Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070-0461 Date: April 19, 2000 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of I8 Pa. C.S.A. §4904, relating to unswom falsification to authorities. BY: Robert J. Sharples Date: ?? 1 \4j 1 ?6r? CAROL SHARPLES, Plaintiff VS. ROBERT J.SHARPLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 99-3767 CIVIL CIVIL ACTION - LAW IN DIVORCE IN RE: PETITION FOR EXCLUSIVE POSSESSION ORDER AND NOW, this 10 ? day of August, 1999, after hearing, it is ordered and directed that, from and after Saturday, August 21, 1999, at 3:00 p.m., pending further order of court, the plaintiff, Carol Sharpies, shall have exclusive possession of the marital resin; nce situated at 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania, tL: the exclusion of the defendant, Robert J. Sharpies, who shall, thereafter, be enjoined from entering on the premises. BY THE COURT, Kevin . Hess, J. Robert Peter Kline, Esquire / For the Plaintiff p/11 lg q Keith B. DeArmond, Esquire For the Defendant :rlm W101T: CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this Aday of 4AA , 2000, upon review of the attached Stipulation of the parties, it is hereby ORDERED and DIRECTED that the Order of this Court granting exclusive possession of the marital residence to Plaintiff and enjoining Defendant from entering on the premises, is hereby vacated. BY THE COURT: S KEVIN A. HESS, J. EXHIBIT CAROL SHARPLES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION OF THE PARTIES AS TO EXCLUSIVE POSSESSION OF THE MARITAL HOME WHEREAS, the parties are husband and wife, having been married on June 3, 1988; WHEREAS, Wife instituted the above-captioned divorce action on or about June 22, 1999; WHEREAS, the parties are owners of real property, the former marital residence, located at 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania; WHEREAS, on August 10, 1999, after hearing, the Honorable Kevin A. Hess ordered and directed that, from and after Saturday, August 21,1999, at 3:00 PM, pending further order of court, the Plaintiff, Carol Sharples, shall have exclusive possession of the above-referenced marital residence to the exclusion of the Defendant, Robert J. Sharples, who shall, thereafter, be enjoined from entering on the premises; WHEREAS, Plaintiff, Carol Sharples, vacated the marital residence in January, 2000, and Defendant, Robert J. Sharples, desires to reside in the marital residence; and WHEREAS, Plaintiff, Carol Sharples, does not object to the Order of August 10, 1999, being vacated by the Court. NOW, THEREFORE, it is hereby agreed by the parties that the Order of this Court dated August 10, 1999, which awarded exclusive possession of the marital residence to Plaintiff and enjoined Defendant from entering on the premises, shall be vacated. Date CAROL SHARPLES, Plaintiff Date ROBERT J. ARPLES, Defer ?t zzk? ;- ,., '? ?': ;; -_, CAROL SHARPLES, PLAINTIFF vs. ROBERT J. SHARPLES, DEFENDANT MAY 2 2 2000 W COPY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 3767 CIVIL TERM CIVIL ACTION - CUSTODY DEFENDANT'S CUSTODY MEMORANDUM Robert J. Sharpies and Carol Sharpies were married for eleven (11) years until Mrs. Sharpies filed for divorce in June 1999. The parties are the parents of Pauleen Olivia Sharpies (DOB 7/30/88) and Sarah Ashley Sharpies (DOB 12/29/89). Between the filing of the divorce in June 1999 and August 1999 the parties resided with both children in the marital home located at 420 Haldeman Avenue, New Cumberland, Pennsylvania. On August 10, 1999 Mr. Sharpies was excluded from the marital home by Order of Court. Between August 10, 1999 and January 16 2000 Mrs. Sharpies and the two children lived in New Cumberland where the children have attended school since kindergarten. Mrs. Sharpies abandoned the marital residence on January 16 2000 and moved both children - without Mr. Sharpies consent - to Perry County to move in with her paramour. Mrs. Sharpies' move occurred without justification and removed the children from their home, school, family and friends. The children have been forced to reside in Perry County with Mrs. Sharpies' paramour and thirteen (13) year old son. The children do not have any neighbors or friends to play with as they did in New Cumberland. The children are not involved in any extracurricular activities. The children are, however, compelled to clear brush and stack firewood by Mrs. Sharpies' paramour. On Christmas 1999 Mrs. Sharpies' paramour struck Pauline for damaging a Christmas `??f ec'-J-v 152'Lc& c[l '? c t v l l Z?j _ 1 (Ll present for her younger sister. The children do not want to live with Mrs. Sharples' paramour and thirteen (13) year old son and wish to return to their school, friends and life in New Cumberland. Both children have expressed their desire to return to live with their father in their home located on Haldeman Avenue. On March 2, 2000 Mr. Sharpies resumed occupancy of the marital home pursuant to an Order vacating the exclusion order. Mr. Sharpies would like the children to return to the marital residence and resume their education and social relationships with their friends in New Cumberland. Mr. harples' Poaition_ oStod: Mr. Sharpies desires primary physical custody of both children and shared legal custody with Mrs. Sharpies. Mr. Sharpies does not oppose liberal visitation and periods of temporary physical custody with Mrs. Sharpies similar to that which he currently enjoys under the Order of Court dated November 15, 1999. Although this list may be subject to minor modifications it is presently anticipated that the following witnesses will be called by Mr. Sharpies in this case. Mr. Sharpies expressly reserves the right to amend or delete witnesses from this preliminary list. Robert J. Sharpies: Mr. Sharpies will testify as to the problems the children have experienced in enjoying access to their father as well as the incidents set forth in this memorandum and the pleadings in this case. His testimony is estimated to take one hour or less. 2. Pauleen O. Sharpies and Sarah A. Sharpies: It is expected that the examination of the children will be at the discretion of the court in either an in camera examination on the t' record outside the presence of the parents or in some other fashion. Their testimony is estimated to take one hour or less. The childrens' preference is of paramount interest. 3. Carol Sharpies: She may be called as though on cross-examination to testify to incidents set forth in this memorandum and the pleadings in this case. Her testimony is estimated to take one hour or less. It is expected that the reasons behind the move to Perry County and her refusal to take the childrens' desires into consideration will be an issue. 4. Edwin Sharpies: Mr. Sharpies' father will testify as to the bond between his son and granddaughters. He will confirm that both children repeatedly request to live with Mr. Sharpies and that their desire is spontaneous. Application of Legal Principe: In this case we have Pauleen who will be 12 in July 2000 and Sarah who is 10%] years old expressing a desire to live with their father in the home they have known since birth. Their reasons are sound and based upon careful thought. In E.A.L. v. L.J.W., _ Pa. Super. _, 662 A.2d 1109, 1117-1118 (1995) the Superior Court reversed a trial court which failed to consider the preference - based upon rational thought - of two children ages 12 and 10 at the time of the hearing. In Myers v. DiDomenico, _ Pa. Super. _, 657 A.2d 956, 958 (1995) the Superior Court reversed a trial court which failed to consider the preference of two children (ages 12 and 9) when it was agreed that both parents were equally suitable. These decisions follow the holding by the Pennsylvania Supreme Court in McMillen Y. McMillen, 529 Pa. 198, 204, 602 A.2d 845, 848 (1992) which decided that where the households of both parents were equally suitable, the child's preference in that case to live with his father "could not but tip the evidentiary scale in favor of iris father. " Therefore, the preference of Pauleen and Sarah should be honored. Furthermore, before the children should have been permitted to be moved to Perry County, Mrs. Sharples should have first requested a Gruber v. Gruber hearing to determine if such a move was in the best interests of the children given their existing longstanding ties with the New Cumberland community. Conclusion: The children want to live with their father and they have reached an age where their preference should be respected by the Court. The evidence shows that Mr. Sharpies does not interfere with custody or visitation. Mr. Sharples respectfully requests this Court to order a change in primary custody of both children to Mr. Sharples with the parties continuing to share legal custody. Mrs. Sharples should be awarded liberal visitation rights with the children. Respectfully Submitted, BY: even Ewell, ,squi 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 (717) 770-1278 Telecopier Supreme Court I.D. 62063 Attorney for Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: Robert P. Kline, Esquire P.O. Box 461 New Cumberland, PA 17070-0461 Date: May 22. 2000 BY: St en Howell, sq tre 4 CAROL SHARPLES, Plaintiff/Respondent vs. ROBERT J. SHARPLES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 99-3767 CIVIL CIVIL ACTION - LAW IN RE: PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, this /Z' day of June, 2000, after hearing, it is ordered and directed that the order of November 15, 1999, is modified to provide that during the summer vacation from school, physical custody of the children, Pauleen O. Sharpies and Sarah A. Sharpies, shall be shared equally. The periods of custody shall be as the parties shall agree and, if they cannot agree, custody shall be in alternating weeks with a change in custody occurring each Sunday at 6:00 p.m. After lengthy reflection on the court's earlier inclination to appoint a custody evaluator, we decline to appoint a custody evaluator at county expense at this time. BY THE COURT, Robert Peter Kline, Esquire For the Plaintiff/Respondent Steven Howell, Esquire For the Defendant/Petitioner 4"A..-H less , J. !a?,' "?-I3S :rim CAROLE L. SHARPLES IN TITE COURTOF COMMON PLEAS OF PLAIN'FIFT CUMBERLAND C'OUN-l'Y, PENNSYI-VANIA V. 99-3767 CIVIL ACTION LAW ROBERT I. SHARPLES DEFENDANT IN CUSTODY ORDER OF C01112T AND NOW, _ Friday, October 14, 2005 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055on Wednesday, November 16, 2005 at 10:30 AM for a Pre-Hearing Custody Conlcrence. At such conference, an effort will he matte to resolve the issues in dispute: or ifthis cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry ol'a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esg Custodv Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE. THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, co TO OR TELEPI [ONE THE OFFICE SET FORTH BELOW I'D FIND OUT WHERE YOU CAN GET LEGAL. HELP. Cumberland County Bar Association 32 South Becloud Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ;r is /? ? n? ,?•? ? ,? /oyr? •2r a 4 RECEIV21005 CAROL L. SHARPLES IN THE COURT OF COMMON PLEAS PLANTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS NO.99-3767 ROBERT J. SHARPLES CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF THE COURT AND NOW this day in October 2005, upon review of the attached request for Custody, it is hereby ordered and decreed that a hearing be set for the day of October to review the custody issue. BY THE COURT, Kevin A. Hess). CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true a correct copy of the foregoing document was served via postage prepaid to the Cumberland County Courthouse,via first class United States Mail addressed as follows; Office of the Prothonotary Cumberland County Courthouse Carlisle, Pa. 17013 SEPTEMBER 29, 2005 CAROL SHARPLES, PLAINTIFF VS. ROBERT J. SHARPLES DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7367 CIVIL TERM CIVIL ACTION-CUSTODY DEFENDANT'S REQUEST FOR CHANGE OF CUSTODY AND NOW comes Robert J. Sharpies, seeking full legal custody of his two children Pauleen O. Sharpies and Sarah A. Sharpies. Mr. Sharpies seeks a change in the Order of the Court dated November 15, 1999 and Modified on June I, 2000. In the Court Orders, the primary physical custody was granted to the children's natural mother, Carol L. Sharpies. The modification granted in June, 2000 allowed for more visitation time during the summer for the father. Mr. Sharpies now seeks full primary custody of both children fbr the following reasons: Both children continue to dislike their mother's paramour, Estis Willes, who has repeatedly abused both children physically and emotionally. Both children have expressed a strong desire to live with their father rather than suffer continued abuse at the hands of Mr. Willes. The children's mother, although a witness to the abuse, refuses to take any substantive actions to stop it fearing certain retaliation and physical abuse directed toward her. Both children have essentially lived with their father at his residence since June 2005 at the suggestion of Perry County Youth and Child services. A caseworker, investigating a reported case of physical abuse and assault, advised the child's father not to allow the children to be alone at home with Mr. Willes. The children's mother had, prior to the assault of June 29, 2005. Repeatedly violated the agreed Order of the Court dated June 1, 2000, by denying the father his scheduled visitation rights. Therefore, Mr. Sharpies respectfully requests this Court to order a change in primary custody of both children to Mr. Sharpies with the parties continuing to share legal custody. Respectfully Submitted \` `?Lh VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein made are subject to penalties of Pa.C.S. Section 4904 relating to unswom falsification to authorities. Robert J. Sharples MONINOSYLVANI NOTARIAL SEAL CHAMNE P ANTHONY, Notw Pubk ko Peirrboro ?WP. Cu WwKI Canty My Commbdon Do% Sept. 84 2008 Swo& Subscribed before me this e7?Mday of 2005. Notary Publ c " ON L U?'; ? Q9 V ? ? V L1 .r CAROL SHARPLES, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, ) Defendant ) CIVIL ACTION - LAW CUSTODY/VISITATION ORDER AND NOW, this day of L/Uda.. 1999, upon review of the Conciliator's Report, it appearing that the parties have agreed to the terms and provisions of this Order which was dictated in their presence and approved by them and their counsel, it is hereby ordered and directed as follows: 1. The parties shall share legal custody of their minor children; Pauleen O. Sharpies, d.o.b. July 30, 1988 and Sarah A. Sharples, d.o.b. December 29, 1989. 2. Mother shall have primary physical custody of the minor children subject to periods of partial custody and visitation with Father as follows: A. On alternating weekends from Friday at 5:30 p.m. until Sunday at 8:30 p.m. This alternating weekend schedule shall commence on October 22, 1999. B. On every Tuesday and Thursday evenings from 5:30 p.m. until 8:30 p.m. fit 3. The parties shall alternate the major holidays. Those holidays are being defined as Thanksgiving, Easter, Memorial Day, Fourth of July and Labor Day. These periods of partial custody shall be from 9:00 a.m. until 8:30 P.M. This alternating schedule shall commence with Father having Thanksgiving in 1999. 4. Christmas shall be broken into two (2) segments. Segment A shall be from December 24"1 at noon until December 25th at 2:00 p.m. Segment B shall be from December 25th at 2:00 p.m. until December 26`h at 8:30 a.m. Mother shall have Segment A in 1999 and all odd years thereafter and Segment B in the year 2000 and all even years thereafter. Father shall have Segment A in the year 2000 and all even years thereafter and Segment B in 1999 and all odd years thereafter. 5. Mother shall have Mother's Day and Father shall have Father's Day. These periods of visitation shall be from 9:00 a.m. until 8:30 p.m. 6. Each party shall be entitled to two (2) uninterrupted non-consecutive weeks of vacation with the children during the summer months. The parties shall provide each other with thirty (30) days advance notice as to when they intend to exercise these periods of exclusive custody. 7. Such other times as the parties may agree. BY THE COURT, Robert P. Kline, Esquire Attorney for Plaintiff Robert J. Sharples, pro se KEVIN HESS, J. mlb CAROL SHARPLES, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, ) Defendant ) CIVIL ACTION - LAW CUSTODY/VISITATION JUDGE PREVIOUSLY ASSIGNED: The Honorable Kevin A. Hess CUSTODY CONCTLTATION CONFE trxrF ---nv av4 -- IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Pauleen 0. Sharples July 30, 1988 Plaintiff Sarah A. Sharples December 29, 1989 Plaintiff 2. A Conciliation Conference was held on October 21, 1999, and the following individuals were present: the Plaintiff and her attorney, Robert P. Kline, Esquire; the Defendant appeared pro se. 3. Items resolved by agreement: See attached Order. 4. Issues yet to be resolved: See attached Order. 5. The Plaintiff's position on custody is as follows: See attached Order. 6. The Defendant's position on custody is as follows: See attached Order. 7. Need for separate counsel to represent children: Neither party requested. 8. Need for independent psychological evaluation or counseling: None requested and the Conciliator does not believe any is necessary. Date: November 2, 1999 C icha 1 L. Bangs Custody Conciliator N O ? r5 3,?? p?3p n > ?1 ? ; ? m ?_? wc5? SoR i4 F u -? V < o x w n L \\ ??I(r \ ?, 4 I CAROL SHARPLES, Plaintiff V. ROBERT J.SHARPLES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.99-3767 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this _. ?_ day of -yam J? 1999, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before M "fN L EMq '_?, I ESp the conciliator, at Z(\--N L k AtN .C 1 r".' ? i- t t nom` the ;)? day of I I , on 1999, at ? aM, for a Pre-Hearing Custody Conference. At such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the Conference. Failure to appear at the Conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: I I111t> OgA (1f(l i Custody Conciliat The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 I CAROL SHARPLES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES, CIVIL ACTION - LAW Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Carol Sharples, an adult individual whose residence is at 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Robert J. Sharpies, an adult individual whose present address is presently unknown to the Plaintiff. 3. Plaintiff seeks custody of her children, Pauleen Olivia Sharpies, bom July 30, 1988, and Sarah Ashley Sharpies, bom December 29, 1989, currently residing at 420 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania. 4. 5. Name Carol Sharpies The children are presently in the custody of Plaintiff. The children have resided with the following over the past five years: Address Carol Sharples and Robert J. Sharples 420 Haldeman Avenue New Cumberland, PA 17070 Date August 21, 1999 to present 420 Haldeman Avenue 1993 to August 21, 1999 New Cumberland, PA 17070 6. The natural mother of the children is Carol Sharples, currently residing at the above-stated address. 7. The natural father of the children is Robert J. Sharpies, whose current address is presently unknown to Plaintiff. 8. The relationship of the Plaintiff to the children is that of natural mother. 9. The relationship of the Defendant to the children is that of natural father. 10. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the children in this or any other court. 11. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 12. The best interests and permanent welfare of the children will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the children; the Plaintiff was awarded exclusive possession of the marital residence by the Honorable Kevin A. Hess on August 10, 1999, effective August 21, 1999; at the hearing on the exclusive possession motion, the children indicated a preference to live with Plaintiff, Defendant has a drinking problem for which Plaintiff feels Defendant may need intensive treatment; and, at the present time, Defendant does not have a suitable place for which the children to live. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the children other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to award her primary legal and physical custody of the minor children subject to reasonable periods of visitation with Defendant. Respectfully submitted, Z 5 (--PT I R`) Date ROBERT PETER KL ESQUIRE 331 Bridge Str eet, Suite 350 Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 PA C.S. 4904 relating to unworn falsification to authorities. Date CAROL SHARPLES M a a \_ 4 CAROL SHARPLES, Plaintiff/Respondent VS. ROBERT J.SHARPLES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3767 CIVIL CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 2 1P day of October, 2005, a rule is issued on the plaintiff to show cause why the relief requested in the Petition for Special Relief ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, ole Sharpies 1075 Bower Road Shermansdale, PA 17090 Plaintiff/Respondent ,Jt6ert Sharples 4701 Charles Road Mechanicsburg, PA 17050 Defendant/Petitioner Kevin .Hess, J. 4 :rim i?? s :: ; .,:. -, ?. ?? CAROL SHARPLES, PLAINTIFF VS. NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-CUSTODY ORDER OF THE COURT AND NOW this Day in October 2005, upon review of the attached request for Special Relief, it is hereby ordered that Carol Sharpies, Plaintiff and her paramour Estes Wills, cease and desist from harassing, threatening, or interfering with either of the children and that the keys and sole possessions to Pauleen'sl990 Plymouth Neon be returned to her until such time that a hearing can be held to resolve outstanding Custody Issues BY THE COURT, Kevin A. Hess,J. CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true a correct copy of the foregoing document was personally delivered to the Cumberland County Courthouse by the Plaintiff Robert J. Sharpies to: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pa. 17013 OCT 2 5 2005 October 25, 2005 A. CAROL SHARPLES, PLAINTIFF VS. ROBERT J. SHARPLES DEFENDANT IN TIIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ? (IIT NO. 99-3767 CIVIL TERM ,? - CIVIL ACTION-CUSTODY r? ;J PETITION FOR SPECIAL RELIEF 1. On Friday October 14, 2005. An order was issued by Kevin A. Hess, Judge requiring Carol Sharpies, Plaintiff to appear before Dawn S. Sunday Esq. for a Pre-Hearing Custody Conference. 2. On October 24, 2005 the Plaintiff, Carol Sharpies in retaliation for the children's request for a change in custody, proceeded to Pauleen Sharpies place of employment T.J. Maxx in Mechanicsburg and threatened Pauleen with -confiscation of her car, a 1990 Plymouth Neon. 3. Pauleen was then forced to call the Defendant Robert J. Sharpies and request that the suit be dropped. When the defendant refused, the Plaintiff demanded the keys and drove away with the car, essentially abandoning her daughter at work with no means of transportation. 4. The Plaintiff has repeatedly harassed her daughter at work, even prior to the request for a hearing. She has been asked by the management of T.J. Maxx not to contact her at work because of her continual interference with her daughter's ability to perform her job responsibilities. 5. WHEREFORE, Defendant Robert J. Sharpies respectfully requests this Honorable Court order the Plaintiff Carol Sharpies, and her Paramour, Estes Wills to cease all harassment, intimidation, or threats to any or all parties associated with the unresolved Custody Matter. 6. Furthermore, The Defendant requests this Honorable court ORDER the Plaintiff to return the keys to Paulcen's 1990 Plymouth Neon and to not interfear with it's use until a Hearing can be held to resolve the Custody and ownership issues. RESPECTFULLY SUBMITTED Robert J. Sharpies .M 4 VERIFICATION I verify that the statements made in the foregoing petition For Special Relief are true and correct. I understand that false statements made herein are subject to penalties of Pa. C.S. Section 4904 relating to unswom falsification to authorities. Robert J. Sharples KAREN E. EVANS. Notary Public Camp Hill Boro, Cumberland Coum A6 - -?-aKf- ??-cam ?A d? t o? y. ` G D v C; Q. N C'J Ci u t '. l tJ ?I Pill- J, NOV 2 3 2005 CAROLE L. SHARPLES Plaintiff VS. ROBERT J,SHARPLES Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3767 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Pauline O. Sharples July 30, 1988 Mother Sarah A. Sharples December 29, 1989 Mother 2. A custody conciliation conference was held on November 16, 2005, with the following individuals in attendance: The Mother, Carole L. Sharples, and the Father, Robert J. Sharples. Neither party is represented by counsel in this matter. 3. This Court previously entered an Order in this matter on November 15, 1999, which was modified by Order dated June 1, 2000, under which the Mother has primary physical custody of the Children and the Father has custody on alternating weekends during the school year and on alternating weeks during the summer. The parties indicated that they have not been following the schedule provided in those Orders and, instead, permit the Children to go back and forth between the parties' homes as the Children choose. The Father indicated that he filed this Petition for Modification seeking primary physical custody of the Children at the Children's request and on their behalf. At the time of the conference, however, it was determined that the Children had been indicating to both parties that they now wish to remain in the Mother's primary custody. The parties differ in their views as to why the Children's preference has changed. The Mother indicated that the conflicts which had arisen between one of the Children and the Mother's boyfriend have simply been resolved. The Father believes that the Mother has intimidated the Children into requesting that the Father's Petition be withdrawn and is using the older daughter's use of a car as leverage. 4. Prior to the conference, the Father filed a Petition for Special Relief on which a Rule to Show Cause has been issued. That related matter is currently pending. The Father indicated his intention to pursue his request for Special Relief and withdraw his request for Modification as it is no longer supported by the Children. 5. Accordingly, no further Order is necessary at this time and the conciliator relinquishes jurisdiction. Date cc,Robert J. Sharples, Father V.earole L. Sharples, Mother 4 05 11 Loa Dawn S. Sunday, EsquirCustody Conciliator 1--a ? 1? CAROL SHARPLES, PLAINTIFF vs. ROBERT J. SHARPLES DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7367 CIVIL TERM CIVIL ACTION-CUSTODY DEFENDANT'S REQUEST FOR CHANGE OF CUSTODY AND NOW comes Robert J. Sharpies, seeking full legal custody of his two children Pauleen O. Sharpies and Sarah A. Sharpies. Mr. Sharpies seeks a change in the Order of the Court dated November 15, 1999 and Modified on June 1, 2000. In the Court Orders, the primary physical custody was granted to the children's natural mother, Carol L. Sharpies. The modification granted in June, 2000 allowed for more visitation time during the summer for the father. Mr. Sharpies now seeks full primary custody of both children for the following reasons: Both children continue to dislike their mother's paramour, Estis Willes, who has repeatedly abused both children physically and emotionally. Both children have expressed a strong desire to live with their father rather than suffer continued abuse at the hands of Mr. Willes. The children's mother, although a witness to the abuse, refuses to take any substantive actions to stop it fearing certain retaliation and physical abuse directed toward her. Both children have essentially lived with their father at his residence since June 2005 at the suggestion of Perry County Youth and Child services. A caseworker, investigating a reported case of physical abuse and assault, advised the child's father not to allow the children to be alone at home with Mr. Willes. The children's mother had, prior to the assault of June 29, 2005. Repeatedly violated the agreed Order of the Court dated June 1, 2000, by denying the father his scheduled visitation rights. Therefore, Mr. Sharpies respectfully requests this Court to order a change in primary custody of both children to Mr. Sharples with the parties continuing to share legal custody. Respectfully Submitted F T" k-7z-N 6 ? VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein made are subject to penalties of Pa.C..S'. Section 4904 relating to unsworn falsification to authorities. Robert J. Sharples C MONWE TH PENNSYLVANIA NOTARIAL SEAL CKAti M P. M D40W, NoFay Mft Eat Perrrbmo TWp.. CWbMaxi Canty My Cow nWon Eow Sept. 30. 2MB Sworp? this & Subscribed before me Z day of ? ? 2005. C7 c> - n r u+ T . .1 Vl 6Q CAROLE L. SHARPLES IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT J.S14ARPLES DEFENDANT 99-3767 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, __.Friday, October 14, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 oil Wednesday, November 16, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es -41- Custody y Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 /? to :21 y 1 "1 130SH"c i l!J 1? i` -' -, CAROL SHARPLES, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA , VS. NO. 99-3767 CIVIL TERM ROBERT J. SHARPLES CIVIL ACTION-CUSTODY DEFENDANT PETITION FOR SPECIAL RELIEF 1. On Friday October 14, 2005. An order was issued by Kevin A. Hess, Judge requiring Carol Sharpies, Plaintiff to appear before Dawn S. Sunday Esq. for a Pre-Hearing Custody Conference. 2. On October 24, 2005 the Plaintiff, Carol Sharpies in retaliation for the children's request for a change in custody, proceeded to Pauleen Sharpies place of employment T.J. Maxx in Mechanicsburg and threatened Pauleen with -confiscation of her car, a 1990 Plymouth Neon. 3. Pauleen was then forced to call the Defendant Robert J. Sharpies and request that the suit be dropped. When the defendant refused, the Plaintiff demanded the keys and drove away with the car, essentially abandoning her daughter at work with no means of transportation. 4. The Plaintiff has repeatedly harassed her daughter at work, even prior to the request for a hearing. She has been asked by the management of T.J. Maxx not to contact her at work because of her continual interference with her daughter's ability to perform her job responsibilities. 5. WHEREFORE, Defendant Robert J. Sharpies respectfully requests this Honorable Court order the Plaintiff Carol Sharpies, and her Paramour, Estes Wills to cease all harassment, intimidation, or threats to any or all parties associated with the unresolved Custody Matter. 6. Furthermore, The Defendant requests this Honorable court ORDER the Plaintiff to return the keys to Pauleen's 1990 Plymouth Neon and to not interfear with it's use until a Hearing can be held to resolve the Custody and ownership issues. RESPECTFULLY SUBMITTED Robert J. Sharpies r VERIFICATION I verify that the statements made in the foregoing petition For Special Relief are true and correct. I understand that false statements made herein are subject to penalties of Pa. C.S. Section 4904 relating to unsworn falsification to authorities. - ----------- Robert J. Sharpies NOTARIAL SEAL KAREN E. EVANS. Notary Public Camp Hill Boro, Cumberland County my Commission Expires May 6, 2007 7Q, CAROL SHARPLES, Plaintiff/Respondent Vs. ROBERT J. SHARPLES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3767 CIVIL CIVIL ACTION - LAW IN RE: PETITION FOR SPECIAL RELIEF ORDER AND NOW, this 2 --• day of October, 2005, a rule is issued on the plaintiff to show cause why the relief requested in the Petition for Special Relief ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, ole Sharples 1075 Bower Road Shermansdale, PA 17090 Plaintiff/Respondent bert Sharples 4701 Charles Road Mechanicsburg, PA 17050 Defendant/Petitioner o rJ ?O Am NOV 2 3 2005 Ip CAROLE L. SHARPLES Plaintiff VS. ROBERT J.SHARPLES Defendant Prior Judge: Kevin A. Hess IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-3767 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Pauline O. Sharples July 30, 1988 Mother Sarah A. Sharples December 29, 1989 Mother 2. A custody conciliation conference was held on November 16, 2005, with the following individuals in attendance: The Mother, Carole L. Sharples, and the Father, Robert J. Sharples. Neither party is represented by counsel in this matter. 3. This Court previously entered an Order in this matter on November 15, 1999, which was modified by Order dated June 1, 2000, under which the Mother has primary physical custody of the Children and the Father has custody on alternating weekends during the school year and on alternating weeks during the summer. The parties indicated that they have not been following the schedule provided in those Orders and, instead, permit the Children to go back and forth between the parties' homes as the Children choose. The Father indicated that he filed this Petition for Modification seeking primary physical custody of the Children at the Children's request and on their behalf. At the time of the conference, however, it was determined that the Children had been indicating to both parties that they now wish to remain in the Mother's primary custody. The parties differ in their views as to why the Children's preference has changed. The Mother indicated that the conflicts which had arisen between one of the Children and the Mother's boyfriend have simply been resolved. The Father believes that the Mother has intimidated the Children into requesting that the Father's Petition be withdrawn and is using the older daughter's use of a car as leverage. 4. Prior to the conference, the Father filed a Petition for Special Relief on which a Rule to Show Cause has been issued. That related matter is currently pending. The Father indicated his intention to pursue his request for Special Relief and withdraw his request for Modification as it is no longer supported by the Children. 5. Accordingly, no further Order is necessary at this time and the conciliator relinquishes jurisdiction. /VJUPrn la?i ! r, dct:s Date cc,,Robert J. Sharples, Father Parole L. Sharples, Mother A Dawn S. Sunday, Esquire Custody Conciliator ,? .,\. t„ -? q o Py l.? ~'J ? ?_ C? ? ? ``?. ? \?