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HomeMy WebLinkAbout07-2205CARL GIPE, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, :NO: d 1- aaQS : CIVIL ACTION - LAW EVELYN GIPE, : IN DIVORCE Defendant. 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 in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for another 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, 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, PA 17013 (717) 249-3166 CARL GIPE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: ?7 - d d Ovl ?l u ?UL CIVIL ACTION -LAW EVELYN GIPE, IN DIVORCE Defendant. COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Carl Gipe, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Complaint in Divorce: 1. The Plaintiff, Carl Gipe, is an adult individual residing at 115-A, Partridge Circle, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant, Evelyn Gipe, is an adult individual residing at 8014 Comer Road, Mercersburg, Franklin County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for a least six (6) months prior to the filing of this Complaint. 4. The Plaintiff and Defendant are husband and wife having been married October 12, 1963, in Mt. Union, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Neither Plaintiff nor Defendant are members of the Armed Forces of the United States or any of its Allies. 7. Plaintiff has been advised of the availability of counseling and that he has the right to request that the Court require both parties to participate in counseling. 8. The Plaintiff avers as grounds on which this action is based are: A. that the marriage is irretrievably broken pursuant to §3301(c) of the Divorce Code; and B. that as of October 2007, the parties will have lived separate and apart for a period of at least two (2) continuous years pursuant to §3301(d) of the Divorce Code. WHEREFORE, Plaintiff prays this Court to enter a Decree in Divorce. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan -4dc-hard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: ??/c/o 7 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: o7 V ? a CIS F b? OJ s? tr-/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA Carl Gipe, Civil Action - Law Plaintiff, V. No. 07-2205 Evelyn Gipe, Defendant, In Divorce a.v.m. NOTICE TO PLEAD To: Carl Gipe: You are hereby notified to file a written response to the enclosed Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Ca d 4 Carol A. Redding, Esquire, #82041 Attorney for Defendant REDDING LAW OFFICE 19 North Main Street Chambersburg, PA 17201 (717) 267-1440 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY - PENNSYLVANIA Carl Gipe, Civil Action - Law Plaintiff, ; V. No. 07-2205 Evelyn Gipe, Defendant, In Divorce a v.m. COUNTERCLAIM The Defendant, Evelyn Gipe, makes the following counterclaim against the Plaintiff, Carl Gipe. COUNTI EQUITABLE DISTRIBUTION 9. Defendant incorporates by reference the allegations contained in Paragraphs 1 through 8 inclusive of Plaintiffs Complaint, as fully as though set out at large herein. 10. The parties have been unable to determine and equitably dispose of their respective rights and interest in the marital property. 11. Defendant will, within 60 days after service of this Complaint upon the Plaintiff, cause to be filed an Inventory and Appraisement of all property owned or possessed at the time this Complaint is filed. WHEREFORE, Defendant requests the Court to equitably divide and distribute and assign the marital property pursuant to the provisions of Section 3502 of the Divorce Code. COUNT II ALIMONY 12. Paragraphs 1 through 11 of this complaint in Divorce are incorporated herein by reference thereto. 13. The Defendant is without sufficient property to provide for her reasonable needs, and is unable to adequately support herself through her employment. 14. The Defendant cannot support and maintain herself in the style she was maintaining prior to the separation of the Plaintiff and Defendant without continued financial assistance from the Plaintiff. WHEREFORE, pursuant to Section 3701, et seq., of the Divorce Code, Defendant respectfully requests your Honorable Court to order Plaintiff to file within 30 days of service of this Complaint upon Plaintiff, a complete income and expense statement and to require the scheduling of a hearing to determine Defendant's entitlement to alimony, and if so, the amount. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 15. Paragraphs 1 through 14 of this complaint in Divorce are incorporated herein by reference thereto. 16. 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. 17. Furthermore, the resolution of the issues raised by this Complaint will require Defendant to incur considerable additional expenses and costs. 18. 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. 19. The Plaintiff is presently employed at Naval Depot, Carlisle, Pennsylvania and his income is unknown to Defendant. WHEREFORE, pursuant to Section 3702, et seq., of the Divorce Code, Defendant respectfully requests your Honorable Court to order Plaintiff to file within 30 days of service of this Complaint 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. Respectfully submitted, _6 o Q 0cp? Carol A. Redding, #82041 Attorney for Defendant REDDING LAW OFFICE 19 North Main Street Chambersburg, PA 17201 (717) 267-1440 VERIFICATION I verify that the statements set forth in the foregoing document 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: 11-12-67 Evelyn Gip n ? Sb Rs _D ' rn a C..J 9? CARL GIPE, Plaintiff, V. EVELYN GIPE, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2205 - CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 18, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 4. 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. 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 unworn falsification to authorities. DATE: Carl Gipe ?,?? ?? ? ?? ?:'=: -. , ? ?~; ,. # ' ? ? rv- ? ???. ? -? , _ , ; ??+ ? , ;. tM1 t'?,,? ?7 L,C:2 raw CARL GIPE, Plaintiff, V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2205 : CIVIL ACTION -LAW YN GIPE, IN DIVORCE Defendant. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made 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. cu 4.-:?a, ' 16!1 Carl Gipe DATE: Z//a 8/? 7 C i ' _ T'j ? P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Plaintiff CARL GIPE, V. EVELYN GIPE, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 07-2205 - CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER CARL GIPE, Plaintiff, moves the Court to appoint a Master with respect to the following claims: O Divorce Distribution of Property () Annulment () Support E•)' Alimony () Counsel Fees ( Alimony PendenteLite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is required. (2) The Defendant has appeared in the action by her attorney, CAROL A. REDDING, ESQUIRE. (3) The statutory ground(s) for divorce (i4) (are): 3301(c) and 33010 (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: OLL (5) The action () (does not involve) complex issues of law or fact. (6) The hearing is expected to take Y, (days). (7) Additional information, if any, reevant to th ation: None. Date: / f Wagner, Esquire Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, 11 200% , Esquire, is appointed master with respect to the following claims: BY THE COURT: J. F#LF1L OF THrE P r' t-; GARY 2OD9 JUL 24 PH 3: 02 JUL ? 7 2009 ?j P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Plaintiff CARL GIPE, Plaintiff, V. EVELYN GIPE, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 07-2205 - CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER CARL GIPE, Plaintiff, moves the Court to appoint a Master with respect to the following claims: () Divorce (..? Distribution of Property () Annulment () Support Alimony () Counsel Fees ('j"' Alimony PendenteLite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is required. (2) The Defendant has appeared in the action by her attorney, CAROL A. REDDING, ESQUIRE. (3) The statutory ground(s) for divorce (io (are): 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (5) The action (iAmWm) (does not involve) complex issues of law or fact. (6) The hearing is expected to take Y,(days). (7) Additional information, if any, fle evant to th btion: None. Date: Wagner, Esquire Attorney for Plaintiff I** ORDER APPOINTING MASTER AND NOW, .3D 2009, 45. 4? &e-A4,,j, Esquire, is -20 appointed master with s pe to the following claims: Q? FILE TL"', OF THE 2009 JUL 30 Vl °i %: S7 PLELi- 2009 A-124 PH 3: 61,2 L1 V17??:??1/f Vj Yl ?li1? tY OcrfiEs mllt'ILL-40 A4 y P !? i ?yn? Gc?aruvL P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Plaintiff CARL GIPE, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner, V. : NO: 07-2205 CIVIL ACTION -LAW EVELYN GIPE, Defendant/Respondent. : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff/Petitioner, Carl Gipe, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Petition For Special Relief: 1. Your Petitioner, Carl Gipe, is the Plaintiff in the above--captioned matter. 2. The Respondent, Evelyn Gipe, is the Defendant in the above-captioned matter. 3. The parties were married October 12, 1963, and separated in October of 2005 4. In April of 2Q06, the Petitioner herein secured employment at DDSP (New Cumberland Army Depot), for which employment he received as a benefit a Thrift Savings Plan. 5. The Thrift Savings Plan was acquired after separation, and therefore, under the provisions of the No-Fault Divorce Act, is non-marital property. See. 23 Pa.C.S.A. §3501. 6. The Thrift Savings Plan which began April 17, 2006, has a vested amount of $6,995.25, all of which is non-marital, having been earned after the parties separated. See, Exhibit A which is attached hereto, incorporated herein by reference and made a part hereof 7. The Petitioner herein desires to remove the aforementioned amount from this Thrift Savings Plan, but is not able to do so because he is married and not yet divorced even though the sums are earned after separation and are non-marital. 8. Petitioner believes and therefore avers that he is entitled to remove the aforementioned sum of $6,995.25 as it is a non-marital asset. 9. Petitioner requests the Court to grant his relief and direct that he be permitted to withdraw the aforementioned amount from the Thrift Savings Plan and direct that the Respondent execute any documents necessary to effectuate the same. WHEREFORE, Petitioner requests the Court to grant relief as requested. Respectfully Submitted, P. chard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Attorneys For Petitioner Date: d -2- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4944, relating to unworn falsification to authorities. Date: 1' o AUG I t, ' 4 2009 P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Plaintiff CARL GIPS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner, V. : NO: 07-2205 CIVIL ACTION -LAW EVELYN GIPE, IN DIVORCE Defendant/Respondent. ORDER AND NOW, this day of /?-u c°u, , 2009, upon Petition For Special Relief of Carl Gipe, a Rule is issued upon the Respondent, Evelyn Gipe, to show cause, why if any, the relief requested should not be granted. ^?-ZU ^.r %? geN,zi RULE RETURNABLE the ?-- ?nno ,+ ' 01 he e, I c- m. in oft ie-Cum er anc?Cbm tff ourthoause;-Carlisle, Perttisylv-aftid. BY THE COURT: -71; 4 - o=ff J. ibution: /P_Kichard Wagner, Esq., 2233 North Front St., Harrisbur?17110 --'Carol A. Redding, Esq.,19 N. Main St., Memorial Square, Chambersburg PA 17201 Court Administrator yes m?il?L 1? So 2009 AUG 17 AM ! 1 : 19 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL GIPE, Civil Action - Law Plaintiff/Petitioner V. NO. 07-2205 EVELYN GIPE, Defendant/Respondent In Divorce a.v.m. ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW COMES the Respondent, Evelyn Gipe, by and thru her counsel, Carol A. Redding, Esquire and sets forth the following Answer to the Petition for Special Relief: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Respondent, after reasonable investigation, is without knowledge as to the type or form of any retirement benefits received by the Petitioner related to his employment with DDSP and thus, this averment is denied and further proof is demanded at hearing. By way of further answer, a Master in Divorce, Robert C. Elicker, has been appointed to hear the instant divorce matter wherein a determination of the nature, extent, and entitlement of either party to the referred to benefits may be made. Discovery requests have been made by the Respondent related to retirement plans held by the Petitioner. 5. Denied. Respondent, after reasonable investigation, is without knowledge as to the type or form of any retirement benefits received by the Petitioner related to his employment with DDSP and thus, this averment is denied and further proof is demanded at hearing. By way of further answer, it is believed and therefore averred that the benefits Petitioner is referring to were supplemented by a "buy-back" of military/government benefits which were acquired during the parties marriage and which are marital pursuant to the Divorce Code. Additionally, a Master in Divorce, Robert C. Elicker, has been appointed to hear the instant divorce matter wherein a determination of the nature, extent, and entitlement of either party to the referred to benefits may be made. Discovery requests have been made by the Respondent related to retirement plans held by the Petitioner. 6. Denied. Respondent, after reasonable investigation, is without knowledge as to the type or form of any retirement benefits received by the Petitioner related to his employment with DDSP and thus, this averment is denied and further proof is demanded at hearing. By way of further answer, it is believed and therefore averred that the benefits Petitioner is referring to were supplemented by a "buy-back" of military/government benefits which were acquired during the parties marriage and which are marital pursuant to the Divorce Code. Additionally, a Master in Divorce, Robert C. Elicker, has been appointed to hear the instant divorce matter wherein a determination of the nature, extent, and entitlement of either party to the referred to benefits may be made. Discovery requests have been made by the Respondent related to retirement plans held by the Petitioner. 7. Denied. Respondent, after reasonable investigation, is without knowledge as to the type or form of any retirement benefits received by the Petitioner related to his employment with DDSP or the ability to withdraw said funds and thus, this averment is denied and further proof is demanded at hearing. By way of further answer, it is believed and therefore averred that the benefits Petitioner is referring to were supplemented by a "buy-back" of military/government benefits which were acquired during the parties marriage and which are marital pursuant to the Divorce Code. Allowing the Petitioner to withdraw said funds would prevent the Respondent from asserting her marital rights to distribution of marital property under the Divorce Code. Additionally, a Master in Divorce, Robert C. Elicker, has been appointed to hear the instant divorce matter wherein a determination of the nature, extent, and entitlement of either party to the referred to benefits may be made. Discovery requests have been made by the Respondent related to retirement plans held by the Petitioner. 8. Denied. Respondent, after reasonable investigation, is without knowledge as to the type or form of any retirement benefits received by the Petitioner related to his employment with DDSP or the ability to withdraw said funds and thus, this averment is denied and further proof is demanded at hearing. By way of further answer, it is believed and therefore averred that the benefits Petitioner is referring to were supplemented by a "buy-back" of military/government benefits which were acquired during the parties marriage and which are marital pursuant to the Divorce Code. Allowing the Petitioner to withdraw said funds would prevent the Respondent from asserting her marital rights to distribution of marital property under the Divorce Code. Additionally, a Master in Divorce, Robert C. Elicker, has been appointed to hear the instant divorce matter wherein a determination of the nature, extent, and entitlement of either party to the referred to benefits may be made. Discovery requests have been made by the Respondent related to retirement plans held by the Petitioner. 9. No Answer required to the ultimate requested relief by the Petitioner. To the extent that an answer is required, this averment is Denied. Respondent, after reasonable investigation, is without knowledge as to the type or form of any retirement benefits received by the Petitioner related to his employment with DDSP or the ability to withdraw said funds and thus, this averment is denied and further proof is demanded at hearing. By way of further answer, it is believed and therefore averred that the benefits Petitioner is referring to were supplemented by a "buy-back" of military/government benefits which were acquired during the parties marriage and which are marital pursuant to the Divorce Code. Allowing the Petitioner to withdraw said funds would prevent the Respondent from asserting asserting her marital rights to distribution of marital property under the Divorce Code. Additionally, a Master in Divorce, Robert C. Elicker, has been appointed to hear the instant divorce matter wherein a determination of the nature, extent, and entitlement of either party to the referred to benefits may be made. Discovery requests have been made by the Respondent related to retirement plans held by the Petitioner. WHEREFORE, the Respondent respectfully requests that the Relief requested be denied without further hearing and this matter referred to the Master in Divorce, Robert C. Elicker, for determination of marital/non-marital rights pursuant to the Divorce Code. Respectfully submitted, REDDING LAW OFFICE, LLP 19 North Main Street Chambersburg, PA 17201 (717) 267-1440 Carol A. Redding, #82041 Attorney for Defendant/Respondent Evelyn Gipe I verify that the statements in this Petition are true and correct based on information received. 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: 9 ?. Carol A. Redding, Esquire 0 0C i ? 9 htJ :: C: a AA' l THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Carl Gipe, Civil Action - Law Plaintiff VS. : NO: 07-2205 Evelyn Gipe, Defendant In Divorce a. v. m. PRAECIPE TO FILE ACCEPTANCE OF SERVICE L` O t 1 - mm t- C-) r ? o h Zp 3 Z-W r ?M TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please file the attached Acceptance of Service on behalf of the Defendant, Evelyn Gipe, in the above captioned cause. Dated: -C t, ? ? , 2011 -0 By: f C? a L 'I" Carol A. Redding, Esquire 77. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Carl Gipe, Civil Action - Law Plaintiff VS. NO: 07-2205 Evelyn Gipe, Defendant In Divorce a. v. m. ACCEPTANCE OF SERVICE I, Carol A. Redding, Esquire, attorney for the Defendant, Evelyn Gipe, do acknowledge that I have received a true and attested copy of the Notice to Defend and Claim Rights and Complaint in Divorce, filed in the above matter on April 18, 2007. Date: /` l rG Carol A. Redding, Esquire P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Plaintiff r 012 FEe - 7 All 0: 4 CUMBEF LAS L C0(j1.--- PENNS YLVANI CARL GIPE, Plaintiff, V. EVELYN GIPE, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 07-2205 CIVIL ACTION - LAW IN DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes the undersigned and files the following Petition to Withdraw as Counsel for the Plaintiff. 1. The undersigned is counsel for the Plaintiff in the above-captioned matter. 2. On November 22, 2011, a Master's hearing was scheduled before Master Elicker in the Court of Common Pleas of Cumberland County. 3. After several hours of negotiations, a purported Agreement was entered into by and between the parties. 4. Plaintiff has now taken the position that he is repudiating the existence of any such Agreement. qb 5. At a rescheduled matter before Master Elicker on February 3, 2012, counsel for the Defendant indicated that the undersigned would be called as a witness in a Petition to enforce a Property Settlement Agreement. 6. Because the undersigned will be called as a witness, the undersigned cannot then serve as counsel for the Plaintiff. WHEREFORE, the undersigned requests the Court to grant the Petition to Withdraw as counsel on behalf of the Plaintiff. Respectfully Submitted, Mancke, Wagner & Spreha Harrisburg, PA 17110 Attorney for Plaintiff Date: -2- 2233 North Front Street _ C. T 7' 2012 FE -9 PM 2 ;t UI99E,IdLAND PENNSYLVANI1,? P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax(717)234-7080 Attorney For Plaintiff CARL GIPE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, , V. NO: 07-2205 CIVIL ACTION -LAW EVELYN GIPE, IN DIVORCE Defendant. ORDER AND NOW, this ?day of A&t", 2012, upon Petition of counsel for the Plaintiff to withdraw, the Petition is granted. BY THE COURT: J. Distribution: P. Richard Wagner, Esq., 2233 N. Front St., Harrisburg, /A17110 Carol A. Redding, Esq., 19 N. Main St.,Memorial Square, Chambersburg„ PA 17201 *ies ma., IeO a?9/I err IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL S. GIPE, JR Civil Action - Law Plaintiff/Petitioner V. NO. 07-2205 C=" ; EVELYN V. GIPE, -ti3 ?rn N rrl -+ M Defendant/Respondent In Divorce a.v.m. ra r" n ORDER OF COURT -+ - ; AND NOW, this Zf' day of 2012, upon consideration of the foregoing petition, it is hereby ordered that 1. A rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested. o) 2. The Respondent shall file a verified Answer to the Petition within teft fl$) days of service upon the Respondent; 3. The petition shall be decided under Pa.R.C.P. No. 206.7. - ?J 4. An evidentiary hearing on disputed issues of material fac?/shall be held on 2012, at /0,'00 o'clock am, in Courtroom No. _ of the Cumberland County Courthouse, Carlisle, PA; and 5. Notice of the entry of this order shall be provided to all parties by the Petitioner. By the Court, ?sf J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA c - _ , , CARL S. GIPE, JR. : Civil Action - Law , z , Plaintiff f :;or r j v ; No : 07-2205 < . V. r . EVELYN V. GIPE, : In Divorce a.v.m Defendant ANSWER OF PLAINTIFF. CARL S. GIPE, JIL, TO PETITION TO ENFORCE ORAL MARITAL SETTLEMENT AGREEMENT AND RULE TO SHOW CAUSE Plaintiff, Carl S. Gipe, Jr., hereinafter "Husband"' by and through his attorneys, the Hoffman Law Offices, respectfully submits his answer to Plaintiffs' said Petition as follows: 1. Admitted. 2. Admitted that Husband receives mail at P.O. Box 175, Orbisonia, PA 17243. All other averments are denied. 3. Admitted. 4. Admitted. 5. Admitted 6. Admitted. 7. Admitted. 8. Admitted. By way of further answer, Husband never agreed to a complete resolution to this matter. 9. Denied. By way of further answer, Husband never agreed to a complete resolution to this matter. 10. Admitted. By way of further answer, Husband never agreed to a complete resolution to this matter. 11. Denied. By way of further answer, Husband never agreed for Wife to retain the former marital residence and pay alimony to Wife in addition to Wife's retention of the former marital residence. 12. Husband is without sufficient knowledge or information with which to either admit or deny whether counsel informed the Master of the terms of an agreement; however, Husband did not agree to a comprehensive resolution to this matter. 13. Husband is without sufficient knowledge or information with which to either admit or deny whether the Master directed counsel for Wife to generate a comprehensive agreement in this matter; however, Husband did not agree to a comprehensive resolution to this matter. 14. Admitted. 4 15. Admitted that Husband signed the statement with respect to payments that Husband would make to Wife. All other averments are denied. By way of further, it is Husband's position that Husband never agreed to pay alimony to Wife and for Wife to retain the former marital residence. Husband proposes that the former marital residence be sold and the proceeds of the sale be equally split by the parties. 16. Admitted in part and denied in part. Husband admits that the parties informally agreed to terminate the existing support Order and that Husband would informally make payments to Wife. Husband denies that the termination of the support Order was part of a comprehensive agreement between the parties. 17. Admitted in part and denied in part. Husband admits that counsel for Wife forwarded a proposed agreement to Husband. Husband denies that said proposed agreement was consistent with any alleged comprehensive agreement reached by the parties, for no comprehensive agreement was reached by the parties. 18. Admitted. 19. Admitted. 20. Admitted. By way of further answer, Husband refused to sign the agreement because he did not agree to pay alimony to Wife and for Wife to retain the former marital residence. 21. Denied. By way of further answer, Husband does not recall stating that his signatures on his Affidavit of Consent and Waiver of Notice were forgeries. By way of further answer, Husband does recall that he stating that he did not remember signing said documents. 22. Denied. By way of further answer, Husband did not agree to pay alimony and for Wife to retain the former martial residence. 23. Admitted. 24. Husband is without sufficient knowledge or information with which to either admit or deny whether Husband's former counsel has determined that the agreement prepared by counsel for Wife is consistent with the alleged agreement of November 22, 2011. By way of further answer, Husband never agreed to pay alimony and for Wife to retain the former martial residence. 25. Husband is without sufficient knowledge or information with which to either admit or deny whether the Master directed counsel for Wife to file to enforce the alleged agreement between the parties. By way of further answer, Husband never agreed to pay alimony and for Wife to retain the former martial residence. 26. Admitted. 27. Admitted. 28. Admitted. 29. Admitted or denied as follows: a. Admitted. By way of further answer, Husband never agreed to pay alimony and for Wife to retain the former martial residence. b. Admitted in part and denied in part. Admitted that the language cited in Wife's petition is the same language proposed in her agreement with respect to payments to be made by Husband to Wife. All other averments are denied. By way of further answer, Husband never agreed to pay alimony to Wife and for Wife to retain the former martial residence. C. Admitted in part and denied in part. Admitted that Husband has made cash payments to Wife and that the language cited in Wife's petition is the same language proposed in her agreement with respect to payments to be made by Husband to Wife. All other averments are denied. By way of further answer, Husband has simply agreed to make payments to Wife during the pendency of this matter upon advice of counsel, primarily so that Wife can maintain the mortgage on the former marital residence. d. Denied. By way of further answer, Husband never agreed to pay alimony to Wife and for Wife to retain the former martial residence. e. Admitted in part and denied in part. Husband admits that he has contacted Wife for the purpose of retrieving his personal property from the former marital residence. Husband also admits that the language cited in Wife's petition is the same language contained in her proposed agreement. All other averments are denied. By way of further answer, Husband never agreed to pay alimony to Wife and for Wife to retain the former martial residence. f. Admitted. 30. Denied. By way of further answer, Husband never agreed to pay alimony to Wife and for Wife to retain the former martial residence. a. Denied. By way of further answer, Husband never agreed to pay alimony to Wife and for Wife to retain the former martial residence. b. Denied. By way of further answer, Husband has attempted to contact Wife on several occasions for the purpose of transferring title to Wife's motor vehicle to Wife, but Wife refuses to communicate with Husband. Therefore, no arrangements to transfer title have ultimately been made at this point. 31. Admitted in part and denied in part. Husband admits that the divorce decree cannot be entered until the Master vacates his appointment. All other averments are denied. 32. Denied. By way of further answer, Husband never agreed to pay alimony to Wife and for Wife to retain the former martial residence. 33. Denied. No comprehensive agreement was reached by the parties. By way of further answer, Husband never agreed to pay alimony to Wife and for Wife to retain the former martial residence. 34. Denied. By way of further answer, Husband does not believe that it is fair for him to pay alimony to Wife and for Wife to retain the former martial residence. Therefore, Husband did not agree to as such. Husband primarily desires to sell the marital residence and for the parties to split the proceeds of said sale and that neither party pay any form of support to the other. Recognizing that that outcome is not likely, Husband would prefer not to have to pay alimony or to pay a reduced rate to Wife if Wife retains the former marital residence. 35. Denied. By way of further answer, Husband had not breached any obligation to Wife; therefore, Wife should not be entitled to attorney's fees. 36. Denied. 37. The averments contained in this Paragraph are a conclusion of law to which no answer is required. To the extent that an answer is required, all of Plaintiff s averments contained in this Paragraph are denied. 38. Denied. 39. Denied. Strict Proof is demanded at trial. 40. The averments contained in this Paragraph are a conclusion of law to which no answer is required. To the extent that an answer is required, all of Plaintiff s averments contained in this Paragraph are denied. 41. Admitted. WHEREFORE, Plaintiff, respectfully requests that Defendant's Petition to Enforce and Rule to Show Cause be dismissed. Respectfully submitted, Aaron J. e arth Attorney for Plaintiff, Carl S. Gipe, Jr. Hoffman Law Offices P.O. Box 359 Chambersburg, PA 17201 717-264-2939 VERIFICATION I verify that the statements made in this 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. Section 4904, relating to unsworn falsification to authorities. Date: ..1m 4- Carl S. Gipe, J . CERTIFICATION OF SERVICE This is to certify that in this case, complete copies of all papers contained in the foregoing Answer to Defendant's Petition to Compel and Rule to Show Cause have been served upon the following persons by the following means on the following dates: Name and Address: Carol Redding Esquire 19 North Main Street Chambersburg, PA 17201 Means of Service First Class US Mail Date of Service: March,, , 2012 Dated: 3A;2/ ac?-,ks?- Aaron J. Neuharth, Esquire Neuharth Law Offices 232 Lincoln Way East P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 CARL S. GIPE, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 07-2205 CIVIL EVELYN V. GIPE, Defendant IN DIVORCE IN RE: DEFENDANT'S PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER AND NOW, this day of April, 2012, the attached Property and Separation Agreement of the parties is herewith made an Order of Court. BY THE COURT, -- . 4 1,L, Kevin .Hess, P. J. Aaron J. Neuharth, Esquire -; For the Plaintiff Carol A. Redding, Esquire c-n For the Defendant ' :rlm C6p,es majed Nlgll;l, {_D y - W w ?y? CARL S. GIPS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 07 - 2205 CIVIL EVELYN V. GIPS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this '74 day of 2012, the parties having entered into an agreement settling the economic issues in the divorce proceedings at the Master's office on November 22, 2011, and the agreement having been affirmed after a hearing before the Court and an order entered April 5, 2012, there being no further proceedings pending, therefore, before the Master, the appointment of the Master is vacated. BY THE COURT, Kev' A. Hess, P.J. cc: . Qron J. Neuharth Attorney for Plaintiff arol A. Redding Attorney for Defendant a C? rn --a - n r -?-: --t 77) CARL S. GIPE, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO, 07-2205 CIVIL EVELYN V. GIPS, Defendant IN DIVORCE IN RE: DEFENDANT'S PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT ORDER AND NOW, this day of April, 2012, the attached Property and Separation Agreement of the parties is herewith made an Order of Court. BY THE COURT, Kevin . Hess, P. J. Aaron J. Neuharth, Esquire For the Plaintiff Carol A. Redding, Esquire For the Defendant :rim -< J ~? ?^ - CD C) TRUE COPY FROM RECORD In Testimony whereof,, here unto set my hand and the Seal of said Coourtt at rliS, 20 ?--?--- this S -day Of -'T` prothonotary ZO/ZO 39Cd 30I330 MV7 9NIaa3d 86Z£L9ZLTL 8T=60 ZTOZ/b0/50 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Carl Gipe, Plaintiff VS. Evelyn Gipe, Defendant To The Prothonotary: Civil Action - Law NO: 07-2205 In Divorce a. v. m. PRAECIPE TO TRANSMIT RECORD 2042 SAY 23 PM 2: 31 cuMBERLAND CGUMTY PENNSYLVANIA Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable Breakdown under Section 3301 (c) or (d) of the Divorce Code. 2. Date and manner of service of the complaint: May 15, 2007 on Carol A. Redding, Esquire, Counsel for Defendant Evelyn Gipe. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff, November 22, 2011; by Defendant, November 22, 2011. 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301 (c) Divorce was filed with the prothonotary: December 12, 2011. Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the prothonotary: December 12, 2011. A2 _?j ?z dd Carol A. Redding, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Carl Gipe V. Evelyn Gipe NO. 07-2205 DIVORCE DECREE AND NOW, =2219, 3c za 1 z- it is ordered and decreed that Carl Gipe plaintiff, and Evelyn Gipe bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Prothonotary By the Court, egf y maj lR d, 76 (ice d-copy r?arl?c? 7?0 Aeuho?? ?PeO%/?y IN THE COURT OF COMMON PLEAS OF CUMBERLANND COUNTY, PENNSYLVANIA Carl S. Gipe, Jr., Plaintiff, V. Eyelyn V. Gipe, Defendant. DOCKET NO. 07-2205 ACTION IN DIVORCE COURT ORDER ACCEPTABLE FOR PROCESSING IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number, and this Court has personal jurisdiction over the parties. The parties were married on October 12, 1963. 2. Effect of This Order as a Court Order Acceptable for Processing: This Order creates and recognizes the existence of a former spouse's right to receive a portion of the employee's benefits payable under the Federal Employees Retirement System ("FERS"). Such benefits may represent a portion of the Employee Annuity, a Refund of Employee Contributions or may award a Former Spouse Survivor Annuity to the former spouse. It is intended to constitute a Court Order Acceptable for Processing under final regulations issued by the Office of Personnel Management ("OPM"). The provisions of this court order are drafted in accordance with the terminology used in Part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this order that concern benefits under the Federal Employees Retirement System are governed by the standard conventions established in that part. 3. Employee Information: The name, last known address, social security number, and date of birth of the Employee are: Name: Carl S. Gipe, Jr. ("Employee") Address: 455 Water Street, P.O. Box 175, Orbisonia, PA 17243 Social Security Number: 199-32-1343 Birth Date: January 27, 1943 4. Former Spouse Information: The name, last known address, social security number, and date of birth of the Former Spouse are: Name: Eyelyn V. Gipe ("Former Spouse") Address: 8014 Comer Road, Mercersburg, PA 17236 Social Security Number: 189-30-4038 Birth Date: May 7, 1938 The Former Spouse shall have the duty to notify the OPM in writing of any changes in her mailing address subsequent to the entry of this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. file number: 9239-1200 5/8/2012 6. For Provisions of Marital Property Rights: This Order relates to the provision of marital property rights of the Former Spouse as a result of the Decree of Divorce. 7. Identification of Retirement System: The Employee is eligible for retirement benefits under the Federal Employees Retirement System based on employment with the United States Government. 8. Providing for Payments to Former Spouse: The Former Spouse is entitled to a portion of the Employee's Gross Monthly Annuity under the Federal Employees Retirement System as set forth below. The United States Office of Personnel Management is hereby directed to pay Former Spouse's share directly to Former Spouse. 9. Amount of Former Spouse's Benefit: This Order assigns to Former Spouse an amount equal to fifty-five Percent (55 %) of the Employee's Gross Monthly Annuity (including any military benefits payable by the OPM and benefits accrued while covered under CSRS, if any) determined as of the Employee's date of retirement. 10. Cost of Living Adjustments: When Cost of Living Adjustments are applied to Employee's retirement benefits, the same Cost of Living Adjustment shall apply to the Former Spouse's share. 11. Benefit Commencement Date: The Former Spouse shall commence her benefits as soon as administratively feasible following the date this Order is approved as a Court Order Acceptable for Processing. Payments shall continue to Former Spouse for the remainder of Employee's life-time; however, should Former Spouse predecease the Employee, then such benefits shall be immediately and fully be restored to the Employee following such Former Spouse's death. The Employee agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Former Spouse in accordance with the terms of this Order. 12. Former Spouse Survivor Annuity: Pursuant to Section 8341 (h)(1) of Title 5, United States Code, Former Spouse shall be awarded the maximum possible former spouse survivor annuity under the Federal Employees Retirement System. Employee agrees to take all necessary steps to elect Former Spouse as the designated beneficiary for purposes of establishing and sustaining such surviving spouse coverage for Former Spouse. 13. Cost of Former Spouse Survivor Annuity: The Employee's annuity will be reduced by the amount of the costs associated with providing the Former Spouse with a former spouse survivor annuity as awarded in paragraph 12. 14. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the OPM: (a) to pay a Former Spouse a portion of an employee annuity before the employee annuity begins to accrue; (b) to pay a Former Spouse any amounts that are in excess of an Employee's net annuity; or (c) to pay a former spouse survivor annuity in excess of the maximum permitted amounts under the FERS. 15. Constructive Receipt: In the event that the FERS inadvertently pays to the Employee any benefits that are assigned to the Former Spouse pursuant to the terms of this Order, the Employee shall immediately reimburse the Former Spouse to the extent that the Employee has received such benefit payments, and shall forthwith pay such amounts so received directly to the Former Spouse within ten (10) days of receipt. file number: 9239-12QD 5/8/2012 16. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its status as a Court Order Acceptable For Processing and the original intent of the parties as stipulated herein. Further, the Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to Former Spouse of the benefits awarded herein, including the recharacterization thereof as a division of benefits earned. 17. Actions by Employee: If the Employee takes any action that prevents, decreases, or limits the collection by the Former Spouse of the sums to be paid hereunder, the Employee shall make payments to the Former Spouse directly in an amount sufficient to neutralize, as to the Former Spouse, the effects of the actions taken by the Employee. IT IS SO ORDERED, this /.Z' day of (;&-- , 20/2- Carl S. Gipe, J . (Pla ntiff) Eyelyn V. Gi (Defendant) add,.ij Lei,) 6 ce Aa,-o, NeuL,44,Z;?,. '?Cp:e.s m..lel 6111cell. file number: 9239-12QD #=3 11 C ° - D < = 5/8/2012 BY THE COURT: )