HomeMy WebLinkAbout01-6086PETER M. ZERPHY,
Plaintiff
STEPHANY L. CHASE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
iNO. 2001-b0 a CIVIL TErn
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the
Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania.
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, Pennsylvania 17013
(717) 249-3166
PETER M. ZERPHY,
Plaintiff
STEPHANY L. CHASE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001-00$6, CIVII TER
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF
THE DIVORCE CODE
The Plaintiff, Peter M. Zerphy, through his attorney, Thomas S. Diehl, makes the
following Complaint in Divorce, and, in support thereof, avers as follows:
1. The Plaintiff, Peter M. Zerphy, is an adult individual who currently resides at
1755 Doubling Gap, Newville, Cumberland County, Pennsylvania 17241.
2. The Defendant, Stephany L. Chase, is an adult individual who currently resides at
11345 North Garfield Street, Waynesboro, Franklin County, Pennsylvania 17268.
3. The Defendant and the Plaintiff have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this
Complaint.
4. The Plaintiff and the Defendant were married on May 21, 1992 in Waynesboro,
Franklin County, Pennsylvania.
5. There have been no prior actions of divorce or for 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, 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.
WHEREFORE, the Plaintiff, Peter M. Zerphy, respectfully requests your Honorable
Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code.
Respectfully submitted,
Attorney for the Plaintiff
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
(717) 240-0893 - FAX
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unsworn falsification to authorities.
MISLITSKY AND DIEHL
ONE WEST HIGH STREET, SUITE 208
PETER M. ZERPIIY,
Plaintiff
STEPHANY 1_ CIIASE.
Defendant
MISLITSKY AND DtEHL
ONE WEST ~EET, SUITE 208
CARLISLE, PENNSYLVANIA 170t3
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND CO[JNTY. I'I~NNSYLVANIA
: NO. 2001-6086 CIVIl, TERM
: CIVIl, ACTION - I,AW
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 2"d day of November 2001. comes Thomas S. Diehl, Esquire. Attorney
for the Plaintiff, Peter M. Zerphy, and states that hc had cause to be mailed a certified copy
Complaint in Divorce to the Defendant, Stephany L. Chase, by certified, restricted delivery.
return-receipt requested. A copy of said receipt is attached hereto indicating service was made
on November 2, 2001.
Rcspcctt'ully submitted.
/
k-Thom as S:
Attorney for the Plaintiff
One West High Street. Suitc 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
(717) 240-0893 -
· Complete item~ 1, 2, and 3. Nso comp!ete
item 4 it Restricted Delivee/is desired.
· Print your name and address on the reverse
so that we can'retum the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Stephany L. Chase
11345 North Garfield Street
Waynesboro, PA 17268
[]Yes
If YES, [] NO
2. At~icleNumber(Copyfmmsen,/ce,~be/)7099 3220 0009 5574 0170
PS Form 3811, July 1999 Dor~stic Return Receipt 102595-00-U-0952
Peter M. Zerphy,
VS.
Stephany L. Chase,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
) Civil Action - Law
Plaintiff, )
)
) No. 2001-6086 CIVILTERM
)
)
Defendant, ) In Divorce a v.m.
NOTICE TO PLEAD
To: Peter M. Zerphy
You are hereby notified to file a written response to the attached Counterclaim
within twenty {20) days from service hereof or a judgment may be entered against
you.
WALKER & MACBRIDE OFFICE
of Barley, Snyder, Senft & Cohen, LLC
By:
'M~rt~a~[~. WalE'er, I~squire
A~orney for Defendant
1031799-1
Peter M. Zerphy,
VS,
Stephany L. Chase,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 2001-6086 CIVIL TERM
In Divorce a v.m.
COUNTERCLAIM
The Defendant, Stephany L. Chase, makes the following counterclaim against the
Plaintiff, Peter M. Zerphy.
COUNT ONE
EQUITABLE DISTRIBUTION
1. Defendant incorporates by reference the allegations contained in Paragraphs 1
through 9 inclusive of Plaintiff's Complaint, as fully as though set out at large herein.
2. The Plaintiff and Defendant own and possess various items of personal and real
property which are subject to equitable distribution by this Court.
WHEREFORE, Defendant requests an Order determining and disposing of existing
property rights and interests between her and Plaintiff.
COUNT 'rwo
ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES
3. Defendant incorporates by reference the allegations contained in Paragraphs 1
through 9 inclusive of Plaintiff's Complaint, as fully as though set out at large herein.
4. The Plaintiff has refused to enter into any reasonable and fair Property and
Separation Agreement, and Defendant will incur substantial legal fees in that regard.
5. Furthermore, the resolution of the issues raised by this Counterclaim will require
Defendant to incur considerable additional expenses and costs.
6. The Defendant is without sufficient means to adequately support herself and to
meet the costs and expenses of this litigation and is unable to maintain herself during the
pendency of this action.
1031799-1
7. The Plaintiff is presently employed with Shippensburg Truck and Auto. Plaintiff's
exact income is unknown to Defendant but exceed that of Defendant's.
8. The Defendant is presently employed with the WIN Victim Services and has a
net bi-weekly take-home pay of approximately $913.00.
WHEREFORE, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony
Pendente Lite, Counsel Fees and Expenses", Defendant respectfully requests your
Honorable Court to Order Plaintiff to file within thirty days of service of this Counterclaim
upon Plaintiff, a complete income and expense statement, and to require the scheduling
of a hearing to determine Defendant's entitlement to alimony pendente lite, counsel fees
and expenses, and if so, the amount.
WALKER & MACBRIDE OFFICE
of Barley, Snyder, Senft & Cohen, LLC
By:
~,lartha B. Walker, Esquire
Attorney for Defendant
I verify that the statements made in this Counterclaim 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:
S~epha~y-I_. Ch~se, Defendant
1031799-1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Peter M. Zerphy, Plaintiff,
VS.
Stephany L. Chase,
Defendant,
Civil Action - Law
No. 2001-6086 - Civil Term
In Divorce a v.m.
ACCEPTANCE OF SERVICE
I, Thomas S. Diehl, Esquire, attorney for Plaintiff in thc above-captioned matter, do
acknowledge that I have received a true and attested copy of the Counterclaim filed in the above-
captioned mat~cr on December 28, 2001.
I certify that I am authorized to accept service on behalf of Plaintiff
1041574_1
PETER M. ZERPHY,
Plaintiff
STEPHANY L. CHASE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2001-6086 CIVIL TERM
:
: CIVIL ACTION - LAW
: 1N DIVORCE
PETITION TO BIFURCATE DIVORCE
AND NOW, comes Plaintiff, Peter M. Zerphy, by and through his attorney, Thomas S.
Diehl, and respectfully represents that:
1. The parties physically separated in March 13, 1997.
2. The pending economic issue is not settled because the parties have a dispute
regarding the value to be distributed in a marital estate of approximately $ 39,000.00 dollars and
some debt.
3.
4.
5.
The marriage is irretrievable broken, and there is no likelihood of reconciliation.
Neither party has requested counseling.
Plaintiff believes and therefore avers that a bifurcation will enhance resolution of
the economic issues and further the objectives of the Divorce Code by mitigating the harm to the
parties.
6. Plaintiff believes and therefore avers that bifurcating the divorce from the
economic claim will permit the parties to get on with their lives and will promote a settlement of
the outstanding issue.
WHEREFORE, the Plaintiff, Peter M. Zerphy, respectfully requests that his Petition to
Bifurcate be granted and that a divorce be entered prior to the adjudication of the remaining
claims.
Respectfully submitted,
Thomas S. Diehl
Attorney for the Plaintiff
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
(717) 240-0893 - FAX
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unsworn falsification to authorities.
PETER M. ZERPHY,
Plaintiff
STEPHANY L. CHASE,
Defendant
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001-6086 CIVIL TERM
:
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this ..~ ~ day of ~ 2002, the within Petition oft
Bifurcation having been presented to the Court, read, considered and ordered to be filed, it is
hereby ordered that a Rule be issued upon Defendant, Stephany L. Chase, to show cause why the
relief requested therein should not be granted and the divorce action bifurcated, with the Court
retaining jurisdiction of equitable distribution as claimed by Defendant.
Said Rule shall be returnable twenty (20) days from the date of service. Upon an answer
being filed a hearing shall be held on the /'~"~ day of ~l~.~'~ 2002 at
o'clock fl/ .m. in Courtroom No. ~
BY THE COURT:
VlNVA'ASN~a
~l~NO0
I Z :g 14a Og ~¥? ZO
At:f~'J. ON Un .:.~ ....... 0
Peter M.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Zerphy
Plaintiff
Vs.
Stephany L.
Chase
Defendant
Civil Action - Law
No. 2001-6086 Civil
In Divorce a.v.m.
Term
RESPONSE TO COUNTERCLAIM
COMES NOW, the Plaintiff, Peter M. Zerphy, by and through
his attorney, Timothy S. Gordon, Esq. in Response to the
Counterclaim filed on behalf of Stephany L. Chase and in
response thereto would state:
1. Admitted.
2. The Counter-Defendant admits that various items of
personal property continue to exist. However, during the
course of separation the value of this property has
diminished below that figure costs and attorney fees
expected to be incurred in their distribution.
WHEREFORE, the Counter/Defendant respectfully requests this
Honorable Court dismiss Count 1 of the Counterclaim for
equitable distribution.
COUNT II
ALI~ONY PENDENTE LITEr COUNSEL FEES AND EXPENSES
3. No response is necessary.
4. The Plaintiff has not refused to enter in any reasonable
and fair Property and Settlement Agreement and has not
been contacted with that regard. The Counter-Defendant
admits that both parties will incur substantial legal fees
in that regard.
5. The resolution of the issues contained by the counterclaim
will require both parties to incur considerable additional
expenses and costs for the distribution of property that
has only minimal value.
6. The Counter-Defendant denies that the Counter-Plaintiff is
without sufficient means to support herself and meet the
expenses of litigation in that she has recently received
and continues to receive Workmen's Compensation sufficient
to support herself.
7. The Counter-Defendant is presently employed at
Shippensburg Truck and Auto. The Counter-Defendant takes
as a salary a $350.00 per week draw.
8. The Counter-Defendant admits that the Counter-Plaintiff is
employed with WIN Victim Services and has a weekly bi-
weekly take-home pay of approximately $913.00
WHEREFORE, the Counter-Defendant, Peter M. Zerphy,
respectfully requests this Honorable Court dismiss Count II of
the Counterclaim.
Timothy S. Gordon, Esq.
24 N. Jonathan Street
P.O. Box 398
Hagerstown, MD 21740
301-714-1102
VEI~ F'r C.~TION
verify that the statements made in this complaint are true and
t. 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:
Peter M.~rphy ~/
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that onthis' 3/ day of ,
2001, a copy of the aforegoing Response to Cou~rclaim ~as
mailed postage prepaid to Martha B. Walker, Esquire, 247 Lincoln
Way East, Chambersburg, PA 17201.
Timothy S. Gordon, Esq.
?eter M.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Zerphy
Plaintiff
Vs.
Stephany L.
Chase
Defendant
Civil Action - Law
No. 2001-6086 Civil
In Divorce a.v.m.
Term
SUBSTITUTION OF COUNSEL
4ADAM CLERK:
the
)lace of Thomas S. Diehl, Esquire.
~as ~. Dieh~, Esquire
One West High Street
Suite 208
P.O. Box 1290
Carlisle, PA 17013
Please substitute Timothy S. Gordon, Esq. as counsel for
Plaintiff, Peter M. Zerphy, in the above captioned case in
thy S. Gordon, Esq.
24 N. Jonathan Street
P.O. Box 398
Hagerstown, MD 21740
301-714-1102
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that on this //~--~day of ~L ,
200Z, a copy of the aforegoing Substitution of Counsel was
mailed postage prepaid to Martha B. Walker, Esquire, 247 Lincoln
Way East, Chambersburg, PA 17201.
Timothy S. Gordon, Esq.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Peter M. Zerphy * CIVIL ACTION - LAW
Plaintiff *
· NO. 2001-6086 Civil Term
Stephany L. Chase *
Defendant * In Divorce a.v.m.
STIPULATION OF COUNSEL TO BIFURCATE DIVORCE PROCEEDINGS
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Plaintiff, Peter M. Zerphy, by and through his attorney,
Timothy S. Gordon, Esquire and the Defendant, Stephany L. Chase,,
,by and through her attorney, Martha B. Walker, Esquire, file this
Stipulation of Counsel to Bifurcate Divorce Proceedngs:
1. Plaintiff is Peter M. Zerphy, a sui juris adult who
currently resides at 1755 Doubling Gap Road, Newville, PA 17241.
2. Defendant, Stephany L. Chase, a sui juris adult who
currently resides at 11345 N. Garfield Street, Ext., Waynesboro,
PA 17268.
3. The parties have been separated since March 13, 1997 and
are entitled to a divorce under Section 3301(d) of the divorce
code.
4. The parties desire the court to retain jurisdiction over
all economic issues of record.
WHEREFORE, Plaintiff and Defendant request that this
Honorable Court enter an Order Bifurcating the divorce
proceedings in the above-captioned action.
Respectfully Submitted,
Timothy S. Gordon,
AttorD~y for Plaintiff
Ma~tha B. ~alkor
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
?eter M. Zerphy * CIVIL ACTION - LAW
Plaintiff *
v. * NO. 2001-6086 Civil Term
,
Stephany L. Chase *
Defendant * In Divorce a.v.m.
ORDER OF COURT
AND NOW, this;~day of /~ , 2002, the within
~tipulation of Counsel to Bifurcate Divorce Proceedings having
been read, considered and Order to be filed;
IT IS HEREBY ORDERED, that the above-captioned proceedings
shall be bifurcated in that the Court will retain jurisdiction
over claims asserted on the record by either party. Plaintiff
may proceed with obtaining a divorce from the Defendant.
Judge
Peter M. Zerphy,
VS.
Stephany L. Chase,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 2001-6086
In Divorce a v.m.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed
on October 24, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
Date:
St~phat~y'~. Chase,XDefend~mt
1054511-1
Peter M. Zerphy,
VS.
Stephan L. Chase,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
)
Plaintiff, )
)
)
)
)
Defendant, )
Civil Action - Law
No. 2001-6086
In Divorce a v.m.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. I consent to the entry ora final decree of divorce without notice.
2. I understand that, I may lose fights concerning alimony, division of property, lawyer's fees
or expenses ifI do not claim them before a divorce isgranted.
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 Waiver are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities.
Date:
Ste~han~ ~ Ch&se,"l~efendant
1054511-1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Peter M. Zerphy * CIVIL ACTION - LAW
Plaintiff *
· NO. 2001-6086 Civil Term
Stephany L. Chase
Defendant * In Divorce a.v.m.
AFFIDAVIT OF CONSENT
1.
A Petition to Bifurcate Divorce under Section 3301(d)
Divorce Code was filed on January 24, 2002.
of the
The marriage of the Plaintiff and Defendant is irretrievably
broken, and ninety (90) days have elapsed from the date of filing
and service of Complaint.
3.
I consent to the entry of a final decree of divorce.
4.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
?eter M. Zerphy
Plaintiff
Vo
Stephany L. Chase
Defendant
* CIVIL ACTION - LAW
* NO. 2001-6086 Civil Term
* In Divorce a.v.m.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRT OF A DIVORCE DECREE UNDER
SECTION 3301(d) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
[ivision of property, lawyer's fees or expenses if I do not claim
hem before a divorce is granted.
3. I understand that I will not be divorced until a divorce
s entered by the Court and that a copy of a 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.$. Section 4904 relating to
unsworn falsification to authorities.
Date: ~~,~-O?-- Pe~'
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Peter M. Zerphy
Plaintiff
Civil Action - Law
No. 2001-6086 Civil Term
VS.
* In Divorce a.v.m.
Stephany L. Chase
Defendant
PRAECIPE TO TlqANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following
information, to the court for entry of a divorce decree.
1. Ground for divorce: Irretrievable breakdown under 23
Ps. C.S.A. Section 3301(c) (d) of the Divorce Code.
2. Date and service of the complaint: Complaint was filed
on 10/24/01. Service made by service upon the Defendant,
Stephany L. Chase, by counsel, Thomas S. Diehl, Esquire, on
11/05/01.
3. Date of Execution of Affidavit of Consent required by
Section 3301(c) (d) of the Divorce Code: By the Plaintiff:
04/15/02; By the Defendant: 04/15/02.
4. Relating Claims Pending: None
5. Date of Plaintiff Waiver of Notice in Section
3301(c) (d) was filed with the Prothonotary: 04/18/02.
Date of Defendant's Waiver of Notice in Section 3301(c)
(d) was filed with the Prothonotary: 04~
Timothy S. Gordon
24 N. Jonathan Street
Hagerstown, Maryland 21740
PA Bar No: 52144
Attorney for Plaintiff
PETER M. ZERPHY
Plaintiff
VERSUS
STEPHANY L. CHASE
Defendant
IN The COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE Of ~ PENNA.
NO. 2001
6086
Decree IN
AND NOW,
DECREED THAT
DIVORCE
, it IS ORDERED AND
, PLAINTIFF,
PETER M. ZERPHY
AND STEPHANY L. CHASE , Defendant,
ARE DIVORCED fROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A finaL ORDER Has NOT
YET BEEN ENTERED;
All economic issues of record
ATTEST: J.
P ROTHO NOTARY
Peter M. Zerphy,
VS.
Stephany L. Chase
IN THE COURT OF COMMON PLEAS OF
THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA
FRANKLIN COUNTY BRANCH
Plaintiff,
Defendant,
Civil Action - Law
2001-6086
In Divorce a v.m,
INVENTORY OF DEFENDANT
Plaintiff 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 19 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
St~phan~ L.base, ~ ' ' ' Defendant
Date of Separation: March 13, 1997
19. Retirement plans, Individual Retirement Accounts
20. Disability payments
21. Litigation claims (matured and unmatured)
22. Military/V.A. benefits
23. Education benefits
24. Debts due, including loans, mortgages held
) 25. Household furnishings and personalty (include as a total category and attach
itemized list if distribution of such assets is in dispute)
(X) 26. Other
1083665-1
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both spouses have a legal or
equitable interest individually or with any other person as of the date this action was
commenced:
Item No. Description of Property Names of All Owners
2. Vehicles
a. 1981
bo
Mazda RX-7
estimated value - $1500
1980 Mazda RX-7
estimated value - $2500
1980 Dodge D-50
estimated value - $2500
1983 Ford Econoline A-150 Van
estimated value - $4500
Volvo Sedan
estimated value - ~3000
1960 Morris Minor
estimated value - $4000
1980 Travel Trailer
estimated value - $500
Mazda RX-7 (race car)
estimated value - $10,000
Husband
Husband
Husband
Husband
Husband
Husband
Husband
Husband
Bonds
a. Series EE bonds - 03/97
b. Series EE bonds - 03/97
c. Series EE bonds - 03/97
d. Series EE bonds - 03/97
e. Series EE bonds - 03/97
,000.00 Husband
200.00 Husband
200.00 Husband
200.00 Husband
200.00 Husband
1083665-1
14.
26.
Personal Property/
a. Tools- estimated value-
b.
Racing gear (helmet, shoes, etc.)
estimated value -
$5,000.00
$1,000.00
c. Antique Gorham musical figurine
of Wife's from her grandmother
value $ 500.00
a. Tax refund (1996 Federal) $1,102.00
b. Damage to Wife's pre-marital house
caused by Husband $7,723.00
Kitchen door replaced $ 787.00
(Husband destroyed these items after
separation by breaking into Wife's house)
Reconstructive surgery to repair scar
on Wife's face caused by Husband's
abuse which is not covered by
insurance. This needs to be done $5,000.00
Husband
Husband
Husband smashed
Husband &Wife
1083665-1
NON-MARITAL PROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable interest
which is claimed to be excluded from marital property:
It__em No. ~escription of Property Names of All Owners
None
1083665-1
I~tem No.
PROPERTY TRANSFERRED
Date of
_DDescription of Property _Transfer Consideration
None
Person to
Whom
Transferred
Husband previously transferred vehicles shown on marital property schedule but Wife
has no knowledge of actual transactions.
1083665-1
Item No.
1.
Description
of Property
Promissory Note
($2100)
LIABILITIES
Names of
All Creditors
Dynamark Security
system
Loan Agreement Wife
(06/18/91)
Names of
All Debtors
Husband & Wife
Wife made all
payments
Husband
In this Agreement, Husband promised in writing to pay Wife $2500 (plus
6.4% interest accrued semi-annually) to purchase a boat. No payments
made by Husband.
1083665-1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Peter M. Zerphy, : Civil Action - Law
Plaintiff :
vs. : No. 2001-6086
Stephany L. Chase, :
Defendant : In Divorce
INVENTORY OF PETER M. ZERPHY
Plaintiff 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 (3) 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 Pa. C.S. §4904 relating
to unswom falsification to authorities.
Date
Petdr M. Zerl~, Plaintiff
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS At LAW -- 126 EAST KINg STREET -- SHIPPENSBURG. pa 17257-1397
on the
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets
following pages:
(X) 1.
(x) 2.
(x) 3.
( ) 4.
(x) 5.
(x) 6.
() 7.
() 8.
() 9.
()
()
()
()
(x)
()
()
()
()
()
()
()
()
()
()
(x)
()
Real property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash surrender value and current
beneficiaries).
10. Annuities
11. Girls
12. Inheritances
13. Patents, copyrights, inventions, royalties
14. Personal property outside the home
15. Business (list all owners, including percentage of ownership, and officer/director
positions held by a party with company)
16. Employment termination benefits - severance pay, worker's compensation claim/
award
17. Profit sharing plans
18. Pension plans (indicate employee contribution and date plan vests)
19. Retirement plans, Individual Retirement Accounts
20. Disability payments
21. Litigation claims (matured and unmatured)
22. Military/V.A. benefits
23. Education benefits
24. Debts due, including loans, mortgages held
25. Household furnishings and personalty (include as a total category and attach
itemized list if distribution of such assets is in dispute)
26. Other
WEI~iLE & ASSOCIATES, RC, -- ATTORNEYS At LAW -- 126 EAST KIN~i STREET -- SHIPPENSBURG, PA 17257-1397
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both spouses have a legal or equitable
interest individually or with any other person as of the date this action was commenced:
Item Description Names of
Number of Property All Owners
1 Real estate, together with improvements thereon situate Stephany L. Chase
at 11345 North Garfield Street, Waynesboro Borough,
Franklin County, Pennsylvania (increase in net value from
date of marriage to date of separation.)
Estimated present value $95,000.00
1960 Morris Minor motor vehicle
Estimated value 0.00
(Vehicle is not assembled)
Peter M. Zerphy, Jr.
1980 Mazda RX-7
Estimated value
0.00
(Vehicle was "totalled")
Peter M. Zerphy, Jr.
1990 Toyota Corrolla
Estimated value
$ 6,500.00
Stephany L. Chase
U.S. Savings Bonds
Estimated value
$ 1,800.00
(Plus accrued interest)
Peter M. Zerphy, Jr.
14
Checking Account
Estimated value $ 1,000.00
Cash at house
Estimated value $ 1,000.00
Savings Account
Estimated value $ 5,000.00
1996 U.S. Income Tax Refund - proceeds
received by wife. Value $ 1,102.00
Tools
Estimated value $ 250.00
Peter M. Zerphy, Jr.
and Stephany L. Chase
and
Peter M. Zerphy, Jr.
Stephany L. Chase
Peter M. Zerphy, Jr.
WEIGLE & ASSOCIATES, ~C. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
14
25
Racing Gear
Estimated value $ 50.00
Household furnishings in wife's possession
Estimated value $ 9,850.00 and
Husband's personal documents and records and photographs
No monetary value
Peter M. Zerphy, Jr.
Peter M. Zerphy, Jr.
Stephany L. Chase
NON-MARITALPROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to
be excluded from marital property:
Item
Number
Description Reason for
of Property Exclusion
Real estate, together with improvements thereon Net value acquired by Defendant
situate at 11345 North Garfield Street, Waynesboro prior to marriage
Borough, Franklin County, Pennsylvania (net value at
date of marriage) - Estimated value $2,000.00
Personal property owned by husband prior to marriage
a. Lazy Boy Queen Sleeper Sofa
Estimated value $
200.00
b. Lazy Boy Recliner
Estimated value
$ 200.00
c. Television
Estimated value $ 200.00
d. Stereo
Estimated value $ 200.00
Tools
Acquired by Husband prior to marriage.
Estimated value $ 250.00
Marriage.
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPEIqSBUI:IG, PA 17257-1397
Item
Number
PROPERTY TRANSFERRED
Description Date of
of Property Transfer Consideration
One-half interest in
1972 Travel Trailer Camper Summer-1997 $150.00
(One-half of total proceeds)
One-half interest in
1983 Ford Econoline 1999 $400.00
(One-half of total proceeds)
Person
to Whom
Transferred
Item
Number
Description
of Property
NONE
LIABILITIES
Names of
All Creditors
Names of
All Debtors
Respectfully submitted,
Richard L. Webber, Jr., Esquire .~.
Attorney for Plaintiff
Attorney ID #49634
Weigle & Associates, P.C.
126 East King Street
Shippensburg, PA 17257
717-532-7388
WEIGLE & ASSOCIATES, RC. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG. PA 17257-'i397
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Peter M. Zerphy,
VS.
Stephany L. Chase,
Plaintiff :
._
Defendant :
Civil Action - Law
No. 2001-6086
In Divorce
PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL
To the Prothonotary:
Please enter my appearance on behalf of the Plaintiff, Peter M. Zerphy.
Dated:
Richard L. Webber, Jr., Esqd-ire
Attorney ID #49634
WEIGLE & ASSOCIATES, P.C.
126 East King Street
Shippensburg, PA 17257
717-532-7388
WEIGLE & ASSOCIATES, RE. -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397
IN THE COURT OF COMMON PLEAS, 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH
Peter M. Zerphy
Plaintiff
vs.
Stephany L. Chase
* Civil Action - Law
* No. 2001-6086
Defendant *
MOTION TO WITHDRAW AS
COMES NOW, the undersigned counsel for the Plaintiff,
y S. Gordon, for this Motion to Withdraw as Counsel and for
cause would state:
1. Undersigned counsel entered his appearance on behalf of
the Plaintiff, on or about January 30, 2002.
2. That undersigned counsel's reprsentation was terminated
by the Plaintiff on or about September 23, 2002.
3. That a Substitution of Counsel was executed for delivery
to Mr. Zerphy's new attorney who has evidently not been obtained.
WHEREFORE, undersigned counsel respectfully requests this
Honorable Court strike his appearance in this matter.
imothy~. Gordon, Esquire~
24 N. Jonathan Street
P.O. Box 398
Hagerstown, MD 21741-0398
301-714-1102
CERTIFICATE OF
I HEREBY CERTIFY, that on this
· -- , 2002 a
~opy of the aforegoing was mailed postage prepaid to Martha B~
Walker, Esquire, 247 Lincoln Way East, Chambers ~q, PA 17201.
'~mothy S. Gordon
PETER M. ZERPHY
V.
STEPHANY L. CHASE
lN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6086 CIVIL TERM
ORDER OF COURT
AND NOW, this 24TM day of OCTOBER, 2002, a Rule is issued upon Plaintiff to
Show Cause why Timothy S. Gordon, Esquire, should not be allowed to withdraw as
counsel in this matter. Rule returnable ten (10) days after service.
Edward E. Guido, J.
Timothy S. Gordon, Esquire
For the Plaintiff
Martha B. Walker, Esquire
For the Defendant
:sld
PETER M. ZERPHY, JR., :
Plaintiff :
:
VS. :
:
STEPHANY L. CHASE, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01 - 6086 CIVIL
IN DIVORCE
ORDER OF COUR__T
AND NOW, this ~ ~- day of ,
2003, the parties having previously been divorced by decree
entered May 14, 2002, and the parties and counsel having
entered into an agreement and stipulation resolving the
economic issues on February 4, 2003, the date set for a
Master's hearing, the agreement and stipulation having been
transcribed and subsequently signed by the parties and
counsel, the appointment of the Master is vacated.
CC:
Richard L. Webber, Jr.
Attorney for Plaintiff
Martha B. Walker
Attorney for Defendant
THE COURT,
Ill I
PETER M. ZERPHY, JR., :
Plaintiff :
:
VS. :
:
STEPHANY L. CHASE, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01 - 6086 CIVIL
IN DIVORCE
THE MASTER: Today is Tuesday, February 4,
2003. This is the date set for a hearing in the above
captioned divorce proceedings.
Present in the hearing room are the
Plaintiff, Peter M. Zerphy, Jr., and his counsel Richard L.
Webber, Jr., and the Defendant, Stephany L. Chase, and her
counsel Martha B. Walker.
This action was commenced by the filing of a
complaint in divorce on October 24, 2001. The divorce
complaint raised grounds for divorce of irretrievable
breakdown of the marriage. Pursuant to a petition for
bifurcation, a divorce decree was entered on May 14, 2002, by
Judge Guido; the decree preserved "all economic issues ever
record."
A counterclaim filed on December 17, 2001,
raised the economic claims of equitable distribution, alimony
pendente lite, and counsel fees and expenses. Neither party
raised a claim for alimony.
The parties were married on May 25, 1992,
and separated March 13, 1997. They are the natural parents
of two children, who are in the custody of the wife.
After negotiations this morning the Master
has been advised that the parties have reached an agreement
with respect to the outstanding economic claims raised in the
counterclaim. An agreement is going to be placed on the
record in the presence of the parties. The agreement as
placed on the record will be considered the substantive
agreement of the parties not subject to any changes or
modifications except for correction of typographical errors
which may be made during the transcription. The parties and
counsel are going to return later this 'morning to review the
draft of the agreement for typographical errors, make any
corrections as necessary, and then affix their signatures
affirming the terms of settlement as stated on the record. In
any event, the parties are bound by the terms of the
settlement as stated on the record when they leave the hearing
room even though there is no subsequent signing of the
agreement affirming the terms of settlement. Upon receipt by
the Master of a completed agreement the Master will prepare an
order vacating his appointment and the file will be returned
to the Prothonotary. Ms. Walker.
MS. WALKER: The parties have to agreed to
extinquish all claims against each other except as follows:
1. The United States savings bonds in the possession of
Stephany will be transferred from Peter's name to Stephany's
name. The parties will meet at the Patriot Federal Credit
Union in Waynesboro, Pennsylvania, in the next five (5) days
to effectuate that transfer.
2. $1,500.00 of attorney fees will be paid from husband to
wife's counsel. $1,000.00 will be paid within 90 days of
today's date and $500.00 will be paid within 120 days of
today's date.
MS. WALKER: That is the full agreement
between the parties. Ail other claims :raised in the parties'
pleadings are extinquished.
THE MASTER: Mr. Webber, do you have any
statements or comments?
MR. WEBBER: No; that .does reflect the
agreement that we entered into.
THE MASTER: Are there any titles to any
vehicles or other assets that need to be transferred?
MS. WALKER: No.
MR. WEBBER: Mr. Zerphy, were you present here
when Ms. Walker read the terms of the agreement?
MR. ZERPHY: Yes.
MR. WEBBER: And do you. understand the terms
of the agreement?
MR. ZERPHY: Yes.
MR. WEBBER: Did you discuss those issues
with me in private prior to entering into that agreement?
MR. ZERPHY:
MR. WEBBER:
Yes.
Is it your desire to sign an
agreement reflecting those terms?
MR. ZERPHY: Yes.
MS. WALKER: Stephany, you were present when
I read the agreement between you and your former husband into
the record?
MS. CHASE:
MS. WALKER:
Yes.
And do you understand that
agreement?
MS. CHASE: Yes, I do.
MS. WALKER: Is that the agreement that you
wish the Court to enter as part of the ]permanent record?
MS. CHASE: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS: DATE:
Richard L. Webber, ~r.
Attorney for Plaintiff
a B. ~alker
rney for Defendant
Chase