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Home My WebLink About99-05881 n\ V: i. "J+ ly ?,Y.t J tih:.q rtsyaA, y .x„ w S.r y r MARGARET C. GIPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, : NO. 99- 6$8 I CIVIL TERM Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 . . MARGARET C. GIPE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MATTHEW T. GIPE :NO. 99- 'BFI CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF TI IE DIVORCE CODE Plaintiff is Margaret C. Gipe, who currently resides at 29 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania, since January 1999. 2. Defendant is Matthew T. Gipe. who currently resides at 11054 Skyline Drive, Otrstown, Franklin County, Pennsylvania, since March of 1999. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to tiling of this Complaint. 4. Plaintiff and Defendant were married on May 5th, 1997, in Hagerstown, Washington County, Maryland. 5. There have been no prior actions 0I'divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Any compromised property seulrment of the parties if filed with the Court will become binding of both parties if mutually agreed thereto. 8. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. I . 9. Plaintiff requests the Court to enter a Decree in Divorce. THE LAW OFFICES OF PAUL BRADFORD ORR By. Karl E. Rominger, Esquire Attorneys for Plaintiff 50 E. High Street Carlisle, PA 17013 (717) 258-8558 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. DATE: ?I - /v - 99 '171 QhO aA e (//, !? e Margaret C. ipe, Plaintiff 1 1 rv 9 O O A 3 u ? O A 3 ae°'? a d a K•; r C%, WC yCi Fy N x d N (S: CJ u u of r ?. of-c CJ (rJ ? ? OL MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW MATTHEW T. GIPE, Defendant NO. 99-5881 CIVIL TERM ORDER OF COURT AND NOW, this 5`s day of February, 2001, upon consideration of Plaintiff's Petition for Special Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, 1 / S ? J esley Oler, J. Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Matthew T. Gipe 11054 Skyline Drive Orrstown, PA 17244 Defendant, Pro Se Courtesy Copy to: Lynn Y. MacBride, Esq. 247 Lincoln Way East Chambersburg, PA 17201 ON ; ? ?C' ' - ; ,, ; . I X) :rc MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, No. 99-5881 CIVIL TERM Defendant IN DIVORCE ORDER AND NOW, this _ day of 2001, it is ordered that Defendant be restrained from divesting of said firearms and maintaining them and/or the Cumberland County Sheriffs Department continue to hold said firearms pending outcome of Equitable Distribution claims. Dated: By the Distribution: Karl E. Rominger, Esquire 155 South Hanover Street Street Carlisle, PA 17013 Lynn Y. MacBride, Esquire Walker, Van Horn, & MacBride A Div. Of Barley, Snyder, Senft & Cohen, LLC 247 Lincoln Way East Chambersburg, PA 17201 J. MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, No. 99-5881 CIVIL TERM Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes, the Plaintiff, Margaret Gipe by and through her counsel, Karl E. Rominger, Esquire and avers as follows: 1. Petitioner is seeking equitable distribution of the martial property in this case. 2. A number of guns which werejoint properties of the marriage and/or whose values are assignable under the Domestic Relations Code are now in possession of the Cumberland County Sheriff. 3. The Court has issued a Rule upon Petitioner at Civil Action No. 99- 4893 Civil Term to show cause why the guns should not be released. 4. At a hearing on the above referenced P.F.A. matter, Respondent, Matthew T. Gipe, attempted to testify that he had transferred the weapons for little or no value to a friend. 5. Petitioner believes and therefore avers that the marital property in question, particularly the guns now in the custody of the Cumberland County Sheriff may fall to waste or that Petitioner may be deprived thereof of the value by further fraudulent transactions or transactions for substantially less than the actual value. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order either restraining with particularity Respondent from divesting himself of said firearms and requiring him to maintain them or preferably an Order that the Cumberland County Sheriff continue to hold these weapons pending the outcome of the Equitable Distribution claims in the above captioned divorce. Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Plaintiff MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, No. 99-5881 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE. I, Karl E. Rominger, Esquire, attorney for Plaintiff, Margaret C. Gipe, do hereby certify that I this day served a copy of the Petition for Special Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Lynn Y. MacBride, Esquire Walker, Van Horn, & MacBride A Div. Of Barley, Snyder, Senft & Cohen, LLC 247 Lincoln Way East Chambersburg, PA 17201 Dated: January 28, 2001 Karl E. Rominger, Esquire Attorney for Plaintiff 1 e g""'tm,t!v`"?. 'S t: .;ptr Fyt i, .. t 'a .. .. w.?..,. .,? 1..?1 r ' r t sry?) " SENDER: I also wish to receive the iB • complete items l erKU0, x for add4lonel services. services for an following a Complete Iteme 4a and 4b T , , . 4 a Print your mmi and address on the reverse of this form so that we can return this extra fee): L" card to you. A ' e ae ; this form to the front of the mallplece, or on the back If space does wit L ? Addressee's Address / p peB n . wrltle'Refum Receipt Requested' an the mailplece below the ankle number. 2 Restricted Delivery . a The Return Receipt will show to whom the ankle was delivered ang the date i delivered. Ctnsull postmaster for fee. g I r i o 3 Article Addressetl lo: 4a. 119948' ?(QTT ?? 'T C.apE 069 a. t3 _ E • M 41d. Service Type LiNiF Vow ? Registeretl Certified 11054 Sk ¢ . y ?f ? Express Mail ? insured t ` A 17144 ? Return Receipt for Merchandise ? COD MRS ` 60 MRS 00 W ,qI 7. Date e of Delivery 5 ' C-ZS- cf 'o j S. Rec@iye ft (Print Name( B. Addressee's Address ( nfy it requested /V -r( and lee is id ? pa ) e) r a I I ` 6. SI esse gen ? , X 49-?"8F ° PS .r 3r811, December 1994 192595-911 M229 Domestic Return Receipt ) f., 1. i ., 1 i 1. 1 i I d t Y to M 4. d A g ? Cf Is s w 2A 3S ? 1 55 South Hanover Sheet Carlhle, Pennsylvaniq 17013 J/in-?nri?r3• air ?(?%?`•;r; ? «?0? ? 1 North Main Street 717-241.6070 • e00.73SJ49o - FU:7rZ24l.6878 Chambersburg, Pennsylvonia.17201 VOW10"fterkwcom • km•®rortkV rWweam V 0 c, 1# MARGARET C. GIPS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, Defendant NO. 99-5881 CIVIL TERM ORDER OF COURT AND NOW, this 13a' day of February, 2001, upon consideration of the Motion for Withdrawal of Counsel filed by Lynn Y. MacBride, Esq., the motion is granted. Karl E. Rominger, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Matthew T. Gipe 11054 Skyline Drive Orrstown, PA 17244 Defendant, Pro Se Lynn Y. MacBride, Esq. 247 Lincoln Way East Chambersburg, PA 17201 C-) .-, yS r cn :rc BY THE COURT, J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Margaret C. Gipe, ) Civil Action - Law Plaintiff 1 1 vs ) No. 99-5881 CIVIL TERM Matthew T. Gipe, 1 1 DIVORCE Defendant ) RULE TO SHOW CAUSE AND NOW, this day of , 2001, upon consideration of the within Motion For Withdrawal Of Counsel, a Rule is issued upon the Defendant, Matthew T. Gipe, to show cause why the relief requested in said Motion should not be granted. Said Rule to be made absolute without hearing, upon the failure of Defendant to respond in writing within twenty (20) days after service hereof. Rule returnable with hearing thereon on at _ Courtroom No. _, Cumberland County Courthouse, Carlisle, Pennsylvania, m., in By the Court, 959657 J. 0% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA Margaret C. Gipe, 1 Civil Action - Law Plaintiff 1 1 vs 1 No. 99-5881 CIVIL TERM 1 Matthew T. Gipe, ) DIVORCE Defendant 1 MOTION FOR WITHDRAWAL OF COUNSEL NOW COMES, Lynn Y. MacBride, Esquire, of Walker & MacBride, P.C., Attorney of Record for Defendant, Matthew T. Gipe, and saith: 1. Defendant, Matthew T. Gipe, retained the services of Lynn Y. MacBride, Esquire on August 19, 1999, in the above-referenced matter. 2. Since August, 2000, Defendant, Matthew T. Gipe, has not communicated or has not had any contact with Lynn Y. MacBride, Esquire. 3. Lynn Y. MacBride, Esquire wrote to Matthew T. Gipe on September 6, 2000, September 25, 2000 and January 11, 2001, and he has failed to respond. 4 Lynn Y. MacBride, Esquire has sent to Defendant a Withdrawal of Counsel and requested his signature on same. Matthew T. Gipe failed to sign and return the Withdrawal of Counsel or communicate in any way with Lynn Y. MacBride, Esquire. WHEREFORE, Lynn Y. MacBride, Esquire, requests this Honorable Court to allow Lynn Y. MacBride, Esquire to be withdrawn as counsel for Defendant, Matthew T. Gipe AND SHE SHALL EVER PRAY. Lyn Y. MacBr de, Esquire I verify that the statements made in this Motion For Withdrawal Of Counsel are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:, - 5 • C 1 r Lyn Y. MacBri e, Esquire c? :? J QI . .:! LL- ? • U MARGARET C. GIPE, Plantiff V. MATTHEW T. GIPE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Defendent ) NO. 99-5881 CIVIL TERM ANSWER TO SHOW CAUSE AND NOW, comes the Defendent, Matthew T. Gipe by and through himself as follows: I.There was no violation of the PFA Order that was ordered against me in August 20,1999. The PFA Order has expired by its own terrns.However the Plantiff called me from her work 5 different times in November 1999, while the PFA Order was in effect. 2.The Plantiff trespassed on this property (11054 Skyline Drive, Onstown, PA. 17244), during the time the PFA Order was against me. I had to serve her with Defiant Trespass papers, through the Sheriffs Dept. A neighbor witnessed her on the property. 3. The Defendent was told after the PFA Order was expired, and that there was no violation of the PFA Order, the guns would be return back to him. 4. The Plantiff is asking for equal distribution, but she can not legally possess a firearm, due to (3) DUI convictions. One in Pennsylvania, and the other two in Colorado. 5. When the Plantiff Abandoned this marriage, she took numerous amounts of marital property. ie. furniture, jewelry, money, home appliances, clothing, cds, and a home stereo. However she did not take or show any interest in these guns, also she sold the stereo to a co-worker. - 4 6. Majority of these guns are pre-marital property, in which she is not entitled to them. 7.1 have documents on these guns, when they were purchased or given to me as gifts. WHEREFORE, Defendent respectfully request that this Honorable Court does not grant the Plantiffs "Petition for special relief' Respectfully submitted, Matthew T. Gipe Date 11054 Skyline Drive Orrstown, PA. 17244 ?c c., cam: L` . i f N MARGARET C. GIPE, Plantiff V. MATTHEW T. GIPE, Defendent IN THE COURT OF COMMON PLEAS OFr._ : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 99-5881 CIVIL TERM - ANSWER TO SHOW CAUSE AND NOW, comes the Defendent, Matthew T. Gipe by and through himself as follows: 1.1here was no violation of the PFA Order that was ordered against me in August 20,1999. The PFA Order has expired by its own terms.However the Plantiff called me from her work 5 different times in November 1999, while the PFA Order was in effect. 2.The Plantiff trespassed on this property (11054 Skyline Drive, On'stown, PA. 17244), during the time the PFA Order was against me. I had to serve her with Defiant Trespass papers, through the Sheriffs Dept. A neighbor witnessed her on the property. 3. The Defendent was told after the PFA Order was expired, and that there was no violation of the PFA Order, the guns would be return back to him. 4. The Plantiff is asking for equal distribution, but she can not legally possess a firearm, due to (3) DUI convictions. One in Pennsylvania, and the other two in Colorado. 5. When the Plantiff Abandoned this marriage, she took numerous amounts of marital property. ie. furniture, jewelry, money, home appliances, clothing, cds, and a home stereo. However she did not take or show any interest in these guns, also she sold the stereo to a co-worker. 'IN 6. Majority of these guns are pre-marital property, in which she is not entitled to them. I have documents on these guns, when they were purchased or given to me as gifts. WHEREFORE, Defendent respectfully request that this Honorable Court does not grant the Plantiffs "Petition for special relief' Respectfully submitted, Matthew T. Gipe Date 11054 Skyline Drive Omtown, PA. 17244 MARGARET C. GIPE, Plaintiff V. MATTHEW T. GIPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-5881 CIVIL TERM IN DIVORCE, AFFIDAVIT OF CONSENT AND ACKNOWLEDGEMENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 24, 1999, and I acknowledge receipt of a copy of the same, which was served on me on September 25, 1999, by Certified Mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counseling, and do not request that the Court require that my spouse and I participate in said counseling. I verify that the statements made in this Affidavit are true and correct. I understand that false statements hereinare made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: z o &.2 - T- Matthew Gipe Defendant C? :Ll1 u ?? v MARGARET C. GIPE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, No. 99-5881 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 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. 1 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. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ;:Eo tyri- /Z 2&O Z- / I C 1 Matthew Gipe, Defendant G- J L - ? 1 MARGARET C. GIPS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, No. 99-5881 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 24, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: M rgaret Gipe, Plainti ?S) i ?_ t _ _)- ;3: ?'` . r _. ??;) __ ?i`. "l ?._. .J l? MARGARET C. GIVE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW T. GIPE, No. 99-5881 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. 1 understand that 1 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. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: (O/l -7 Margaret Gi , Plaintiff _i AX _1 _ 1 i.Ll