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HomeMy WebLinkAbout07-327607 -.3.27(. IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY Fifty - Ninth Judicial District NO: 02- 420 DEBT: $ 0.00 RECORDED: 02/04/02 SURCHARGE: 10.00 BOOK: PAGE: 0 PRO: 40.50 KIND: DIV JCP FEE: 5.00 SAT DATE: 04/30/07 <PLAINTIFF> 1 STAUFFER GREGORY L <DEFENDANT> 1 STAUFFER DEBRA L FEBRUARY 4, 2002 - Plaintiff's Complaint in Divorce filed by CHARLES E. PETRIE, ESQ. SAME DATE: Certified copy of Complaint with endorsement thereon to plead to same, issued for service upon the defendant. Verification and Affidavit of Non-Military Service filed. APRIL 7, 2006 - Plaintiff's Affidavit of Consent and Plaintiff's Waiver of Notice of Intention to Request Entry of a Divorce Decree filed: MARCH 12, 2007 - Notice to Defendant and Plaintiff's Affidavit Under Section 3301(d) filed. APRIL 2, 2007 - Praecipe for Entry of Appearance filed by ROBERT J. DAILEY, Esq., and Preliminary objections filed by ROBERT J. DAILEY, ESQ., for defendant. Hold in file 20 days then send to Judge. APRIL 23, 2007 - Entire file sent to Judge: MAY 2, 2007 - ORDER OF COURT - NOW, this 30th day of April 2007, upon consideration of defendant's preliminary objections, IT IS ORDERED that the preliminary objections are SUSTAINED and the case is TRANSFERRED from the Court of Common Pleas of Cameron County to the Court of Common Pleas of CUMBERLAND County. In accordance with Pa. R.C.P. 1006(3), plaintiff shall pay all costs incident to the transfer of this action within thirty (30) days of the date of this order. BY THE COURT /s/ Richard A. Masson, President Judge. SAME DATE - Copies sent to the Court of Common Pleas of Cumberland County, Charles E. Petrie, Esquire for plaintiff, Robert J. Dailey, Esquire for defendant and file. True and Correct COPY cpctffed from the Records of Cameron Co Pena. De" Pr&norrcrtary Ile, GO I?j l? 1 fA,j W C o ?J R_ti`i t- r ; ;zl Gr i_ ? ? 1 ?7 p_ Ci._ p ry X?p V 5/2/07 TRANSFERRED TO CUMBERLAND COUNTY. IN THE COURT OF COMMON PLEAS OF THE FIFTY-NINTH JUDICIAL DISTRICT OF PENNSYLVANIA * COUNTY BRANCH-CAMERON * CIVIL ACTION - LAW * IN DIVORCE * No. 2002-420 ORDER OF COURT NOW, thisa day of April 2007, upon consideration of defendant's ii GREGORY L. STAUFFER, Plaintiff VS. DEBRA L. STAUFFER, Defendant preliminary objections, IT IS ORDERED that the preliminary objections are SUSTAINED and the case is transferred from the Court of Common Pleas of Cameron County to the Court of Common Pleas of Cumberland County. In accordance with Pa. R.C.P. 1006(e), plaintiff shall pay all costs incident to the transfer of this action within thirty (30) days of the date of this order. BY THE COURT: AP 11,0v A chard A. Masson, Pre's ent Judge True and Correct Copy certified from the 9 'dn ba- of Cameron Co GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA : NO. 2002-420 CIVIL ACTION IN DIVORCE PRELIMINARY OBJECTIONS AND NOW, comes Defendant, Debra L. Stauffer, by and through her attorneys, O'BRIEN, BARIC & SCHERER, and files the within Preliminary Objections and, in support thereof, sets forth the following: 1. Plaintiff and Defendant were married on July 29, 1989 in Perry County, Pennsylvania. 2. Neither Plaintiff nor Defendant has previously filed for divorce or annulment. 3. Plaintiff filed a complaint in divorce against Defendant on or about February 4, 2002. 4. Plaintiff and Defendant are both citizens of the United States. IMPROPER VENUE 5. Debra L. Stauffer currently resides at 15 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 6. Upon information and belief, Plaintiff currently resides at 11 Oak Men e, CaTp Hill, Cumberland County, Pennsylvania, 17011. 7. Upon information and belief, neither Party has ever, at any point, 4d(W or c a owned property in C rag 69t & sylvania. certified from the Records of C=eron Co na. A X, eputy Prothonotary 3 F ;-1 11 a -? y` 8. Debra L. Stauffer has never consented to a divorce in Cameron County, Pennsylvania. 9. Debra L. Stauffer has never, in person or by counsel, participated in this divorce proceeding in Cameron County, Pennsylvania. WHEREFORE, Defendant, Debra L. Stauffer, requests that this Honorable Court sustain Defendant's Preliminary Objection to Improper Venue. Respectfully submitted, O'BRIEN, BARIC & SCHERER J, 1 r Robert J. D ey, Esquire I.D. 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant, Debra L. Stauffer , ____ Rjd/Domestic/Stauffer/Prelimi True 8trA9N and Correct Copy Ff Yffl ?n the Records of Cameron Co P Deputy Prothonotary GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA NO. 2002-420 CIVIL ACTION IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on March 30, 2007, I, Robert J. Dailey, Esquire, of O'BRIEN, BARIC & SCHERER, did serve the foregoing Preliminary Objections by first class U.S. mail, postage prepaid, to the party listed below, as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 ` 2Robert J. Dail squire True and Correct Copy ce,'?f -d from the F,: -crds of Cameron Co nna.. (00?r?or;o . GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE OCURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA NO. 2002-420 CIVIL ACTION IN DIVORCE VERIFICATION I, Debra L. Stauffer, verify that the statements made in the foregoing Preliminary Objections 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. § 4904 relating to unsworn falsifications to authorities. Date: March 30, 2007 t _ True and Correct Copy certified from the ?'ecords of C4:meron Co otary GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant TO: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA NO. 2002-420 IN DIVORCE NOTICE TO PLEAD CIVIL ACTION You are hereby notified that you have twenty (20) days in which to plead to the enclosed Preliminary Objections or a Default Judgment may be entered against you. O'BRIEN, BARIC & SCHERER Robert J. Dailey, quire I.D. 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: March 30. 2007 ? t z a`,.J -ate True and Correct Copy certified from the Records e C<?meron Co ur-V GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA NO. 2002-420 CIVIL ACTION IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Cameron County Prothonotary: Kindly enter my appearance on behalf of the Defendant, Debra L. Stauffer. Papers may be served at the address set forth below: Date: March 30, 2007 Robert J. Dailey, Esquire I.D. 203418 O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, PA 17013 Phone: (717) 249-6873 Fax: (717) 249-5755 j '2 Roberti.. iley, uire i -71 i - ! m i ra 7- True and Correct Copy certified from the a.. GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA : NO. 2002-420 CIVIL ACTION : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on March 30, 2007, I, Robert J. Dailey, Esquire, of O'BRIEN, BARIC & SCHERER, did serve the foregoing Praecipe for Entry of Appearance by first class U.S. mail, postage prepaid, to the party listed below, as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 G ? "'Robert J. Dai True and Correct Copy certified from the .nn Co Law Offices Robert L. O'Brien David A. Baric Michael A. Scherer Robert J. Dailey March 30, 2007 Prothonotary Cameron County Courthouse 20 East Fifth Street Emporium, Pennsylvania 15834 RE: Dear Prothonotary: O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Stauffer V. Stauffer No. 2002-420 (717) 249-6873 Fax: (717) 249-5755 Email: rdailey ,obslaw.com Enclosed for filing, please find an original and two copies each of the Praecipe for Entry of Appearance and Preliminary Objections in the above-referenced case. Please time stamp and return the copies to my office in the self-addressed, stamped envelope I have provided. Thank you for your cooperation in this matter. RJD/ta Enclosures cc: Debra L. Stauffer File True and Correct Copy rjd\Domesticlstauffer,Det g*-RM,1R. Y? e nn Co Very truly yours, O'BRI , BARIC CHERER ?r Robert J. Dailey, Esquire s Y -r _ GREGORY L. STAUFFER, Plaintiff VS. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW dt-BER: 2002 - Va 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 wit aut you and a decree of divorce or annulment may be entered against ybu b'J?; the court. A judgment may also be entered against you for an ' o her m claim or relief requested in these papers by the plaintiff. You a lose i money or property or other rights important to you, including u toffy or visitation of your children. r i When the ground for the divorce is indignities or irretrieAable? -- breakdown of the marriage, you may request marriage counseling. A lisT of marriage counselors is available in the Office of the Prothonotary, Cameron County Courthouse, Emporium, PA. 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. DAVID J. REED, PROTHONOTARY CAMERON COUNTY COURTHOUSE EMPORIUM, PA 15834 (814) 486-3355 True and Correct copy o='riified from fhe Cc v GREGORY L. STAUFFER, Plaintiff vs. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 2002 -11"R, o : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is GREGORY L. STAUFFER, who currently resides at 210-R Spring Lane, Enola, County of Cumberland, Pennsylvania;; side October 19, 2001. r' 2. Defendant is DEBRA L. STAUFFER, who curren?l r6ideN at 227 Locust Point Road, Mechanicsburg, County of Cumb l jn' .Q m Pennsylvania, since September, 1989. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on July , 1989, in Loysville, County of Perry, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. True and Correct Copy certified from the Records of C-1- eron Co nna. =2 7. 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. 8. Neither party is a member of the Armed Forces of the United States of America or any of its Allies. 9. After ninety (90) days have elapsed from the date of servicA. of this Complaint, plaintiff intends to file an Affidavit consentin4 t -"a M divorce. Plaintiff believes that defendant may also file such a? affidavit- I' WHEREFORE, if both parties file affidavits consenting t c ior(! after ninety (90) days have elapsed from the date of service of ihi can Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. 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. Section 4904, relating to unsworn falsification to authorities.. DATE: CHARLES E. PETRIE 3528 Brisban Street True and Correct Copy Harrisburg, PA 17111 17) 561-1939 certified from the (7 Records of -on Co ATTORNEY FOR PLAINTIFF nna. 5 eb; ,y- It GREGORY L. STAUFFER, Plaintiff vs. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N*BER: 2002 --"a2 IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE I, Plaintiff herein, do hereby depose and say that I am advised arw believe that the above named Defendant is not presently in th c4ve ? military service of the United States of America and I aver that tfie -n Defendant is not a member of the Army of the United States, +64 w -p States Navy, the Marine Corps, or the Coast Guard, and is no ai ¢ icq? of the Public Health Service detailed by proper authority ford ty with t]?ye Army or Navy; nor is Defendant engaged in any military or Na'nts covered by the Soldiers and Sailors Civil Relief Act of 1940 an -• designated therein as military service; nor has Defendant, to t e bb4t off., my knowledge, enlisted in the military service covered by this act. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. 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. DATE True and Correct Copy certified from the F'ccords of Cameron Co na. • GREGORY L. STAUFFER, Plaintiff VS. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NUMBER: 2002-420 IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 4, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the C_oplt. ; 3. I consent to the entry of a final decree of divorce after service`®f 5 ..-SJ notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true andcorrftt. I understand that false statements herein are made subject to the penaltigs of T ies. 18 Pa.C.S. Section 4904 relating to unswo;dfalsi icatit autbofit* [[??'' 11 1 ? DATE: y - y - a n GRE-GURY L:'STA FF -SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF A 1 , 2000. 7ARY PjdBLIC COMMISSION EXPIRES: True and Correct Copy certified from the Notarial Seal Kelly P. Pobe?, Notely Paxtam Boro, Dauphn County My commission Expires Jan 27 2008 Member, Pennsylvania Association of Notaries Records cl -,on Co a. Doputy Prot"onota, y GREGORY L. STAUFFER, Plaintiff VS. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NUMBER: 2002-420 IN DIVORCE 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 of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, divsiorf 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 ?decr_ee is entered by the Court and that a copy of the decree will be sent to me Z immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: - -?(? True and Correct Copy certified from the Records of Cameron Co na. eputy Prothonotary GREGORY L. STAUFFER, Plaintiff vs. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS CAMERON COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NUMBER: 2001-420 : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER 9330114) OF THE DIVORCE CODE 1. The parties to this action separated in January, 20P I , ad h`&e continued to live separate and apart for a period of at least two ate. -=? 2. The marriage is irretrievably broken. ?r- 3. 1 understand that I may lose rights concerning aii o y livison of.1 ?" property, lawyer's fees or expenses if I do not claim them befor a d?orc-is a, granted. co c? I verify that the statements made in this affidavit are understand that false statements herein are made subject 18 Pa.C.S. Section 4904 relating to unsworn falsificn1tc .3 Jf ?? Date: FF True and Correct Copy certified from the Records of Cameron Co Qe a.22? 2 y Prothonotary true and correct. to the penalties of A GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant TO: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3?7?t1 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer or a Default Judgment may be entered against you. O'BRIEN, BARIC & SCHERER RoberNJ. D e Esquire I.D. 2034 8 19 West So Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant Date: June 1, 2007 4 GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3A-70 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ANSWER TO DIVORCE COMPLAINT 1. Denied. Upon information and belief, Plaintiff currently resides at 11 Oak Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Denied. Defendant currently resides at 15 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Admitted. 4. Denied. Plaintiff and Defendant were married on July 29, 1989, in Perry County, Pennsylvania. 5. Admitted. 6. Admitted. By way of further information, the Parties have lived separate and apart for a period of at least two (2) years. 7. Plaintiff states an averment to which no response is required. 8. Admitted. 9. Denied. Defendant has not and will not file a § 3301(c) affidavit. NEW MATTER 10. Plaintiff, on or before December 2001, had relations with a woman other than Defendant, spouse. Thereafter the Parties separated. 11. In May 2002, Defendant reconciled her marriage with Plaintiff. 12. Again, Plaintiff, on or before January 2005, had relations with a woman other than Defendant, spouse. Thereafter, the Parties separated for a second time. 13. On March 29, 2006, the Parties entered into a Stipulation for support in the amount of $600 per month payable to Defendant. Additionally, Plaintiff agreed to provide for Defendant's health insurance through Plaintiff's place of employment. Thereafter, Judge Hess made the Stipulation an Order of Court. 14. To date, Plaintiff has made timely payments of spousal support to Defendant. 15. Until January 1, 2007, Plaintiff had maintained medical coverage for Defendant. On January 1, 2007, Plaintiff, without consent or authorization, dropped benefits from Defendant's medical insurance coverage. 16. Defendant has not entered into cohabitation with a person of the opposite sex. 17. Because of the disparity in the Parties' incomes and because of Defendant's meager means, Defendant will require alimony pendente lite throughout this divorce action and alimony after the divorce decree. WHEREFORE, Defendant requests that this Honorable Court enter a decree in divorce and award Defendant alimony pendente lite followed by alimony. Respectfully submitted, O'BRIEN, BARIC & SCHERER - &29--? Robert. Daile ,vAsquire I.D. 203418 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Defendant GREGORY L. STAUFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - CIVIL TERM DEBRA L. STAUFFER, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on June 1, 2007, I, Robert J. Dailey, Esquire, of O'BRIEN, BARIC & SCHERER, did serve the foregoing Answer and New Matter by first class U.S. mail, postage prepaid, to the party listed below, as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Attorney for Plaintiff Y GREGORY L. STAUFFER, Plaintiff v. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - AM u CIVIL TERM CIVIL ACTION -LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE 1(a). I do not oppose the entry of a divorce decree. 2(b). I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to paragraph 2(b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the Plaintiff, Gregory L. Stauffer. I verify that the statements made in this counter-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: 7 of May 2007 C. % r'n 4 GREGORY L. STAUFFER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No.: 2007 - 3276 - CIVIL TERM DEBRA L. STAUFFER, CIVIL ACTION - LAW Defendant IN DIVORCE REPLY NOW COMES the Plaintiff, GREGORY L. STAUFFER, by and through his attorney, Charles E. Petrie, and respectfully replies to Defendant's New Matter as follows: 10. Admitted. 11. Admitted. 12. Admitted in part and denied in part. It is denied that Plaintiff had relations with a woman other than Defendant, spouse, on or before January, 2005, except as set forth in paragraph 10. It is admitted that the parties separated for a second time in January, 2005, specifically, January 22, 2005. 13. Admitted. 14. Admitted. 15. Admitted in part and denied in part. It is admitted that Plaintiff maintained (and continues to maintain) health insurance benefits for Defendant. It is denied that on January 1, 2007, Plaintiff dropped Defendant's medical coverage. Plaintiff dropped dental and vision coverage for Defendant. 16. Denied. The facts set forth in this paragraph are solely within the exclusive knowledge of the Defendant, and these facts are therefore denied. 17. Denied. Defendant will not require alimony pendente lite throughout this divorce action or alimony after the divorce decree. WHEREFORE, Plaintiff respectfully requests that Your Honorable Court enter a decree in divorce and deny Defendant alimony pendente lite followed by alimony. Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Reply 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. - ?,X,1,1,7 - "'lizn DA 4GR;. L. STA FER GREGORY L. STAUFFER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No.: 2007 - 3276 - CIVIL TERM DEBRA L. STAUFFER, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I certify that on June 22, 2007, I served a copy of the foregoing Reply to New Matter by first class U.S. mail, postage prepaid, to the party listed below, as follows: Robert J. Dailey, Esquire 19 West South Street Carlisle, PA 17013 Respectfully submitted, CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff yr -?O ?:.;: r? c„,:, N -3y ? 1 ??? ?? ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND, SS: GREGORY L. STAUFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NUMBER: 2007-3276 CIVIL TERM DEBRA L. STAUFFER, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER GREGORY L STAUFFER (X )Plaintiff ( ) Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce ( X ) Distribution of Property ( ) Annulment ( ) Support (X) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The Defendant (X) has () has not appeared in the action () personally (X ) by her attorney, Robert J. Dailey. Esquire. 3. The statutory ground(s) for divorce (is) (are) 3301(d). 4. Check the applicable paragraph(s). by check mark: ( j The action is not contested. ( ) An agreement has been reached with respect to the following claims: None. ( X) The action is contested with respect to the following claims: equitable distribution of marital property and alimony. 5. The action ( ) involves ( X ) does not involve complex issues of law or fact. 6. The hearing is expected to take (hours) 112 (days). 7. Additional information, if any, relevant to the motion: Defendant file- a Counter- Affidavit claiming economic relief and request for alimony. 7 Date: 12/03/200 AND NOW, . 200_, is appointed master with respect to the following claims: 4 f / Attorney for (X) Plaintiff ( ) Defendant Esquire, BY THE COURT Y GREGORY L. STAUFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 2007-3276 CIVIL TERM DEBRA L. STAUFFER, Defendant IN DIVORCE THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME AND EXPENSE STATEMENT OF I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to un, (s s.i` fcation to authorities. . Date: /otlS?a PLAINTIFF INCOME Employer: Capital Blue Cross Address: 2500 Elmerton Avenue, Harrisburg, PA Type of Work: HVAC Mechanic Payroll Number: Pay Period (weekly, biweekly, etc.): Bi-weekly Gross Pay per Period: $2686.00 Itemized Payroll Deductions (Year - 2006) Federal Withholding $13,339.09 Social Security $4431.86 Local Wage Tax $1141.22 State Income Tax $2189.64 Retirement $4300.30 Savings Bonds Credit Union Life Insurance $159.32 Health Insurance $348.60 Other (specify) PA Unemployment Pretax benefit Net Pay per Period: $1416.65 Other Income: None Week Month Year (Fill in Appropriate Column) Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Worker's Comp. Total TOTAL INCOME: Bi-weekly $ Monthly $ EXPENSES Week Month Year (Fill in Appropriate Column) Home Mortgage/rent $735.00 Maintenance Utilities Electric $50.00 Gas Oil $125.00 Telephone $44.00 Water $25.00 Sewer $41.66 Employment Public Transportation Lunch $108.33 Son's Lunches Taxes Real Estate Personal Property Income Insurance Homeowners $13.33 Automobile $66.66 Life Accident Health $29.00 Other (Renters) Automobile Payments Fuel $346.66 Repairs $41.66 Medical Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses, braces, orthopedic devices) $4.16 Education Private School Parochial School College Religious Personal Clothing Food Barber/ hairdresser Credit Payments Credit card Charge Account Memberships Loans Credit Union $54.15 $200.00 $20.00 $83.33 $2.10 Miscellaneous Household help Child care Papers/books/ Magazines $4.17 Entertainment $400.00 Pay TV $100.00 Vacation $250.00 Gifts $208.33 Legal fees $270.83 Charitable Contributions $8.13 Other Child support Alimony payments Spousal Support Total Expenses PROPERTY OWNED Ownership* Checking accounts Savings accounts Credit Union Stocks/ bonds Real estate Other $773.00 Description Members 1 at Members 1st Value H W J $500.00 X $2000.00 X _ TOTAL INSURANCE Coverage* Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other Company Blue Cross Policy No. H W C YWP 80048303200 X X * H=Husband; W=Wife; J=Joint; C=Child SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person (check one); +-+ (1) who operates a business or practices a profession, or +-+ (2) who is a member of a partnership or joint venture, or +-+ (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents, relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and Telephone Number: (d) Nature of business (check one) +-+(1) partnership +-+(2) joint venture +-+(3) profession +-+(4) closed corporation +-+(5) other (e) Name of accountant, controller or other person in charge of financial records: (fl Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that on this date, I mailed a true and correct copy of the within Income and Expense Statement on December 3, 2007, in the above captioned matter to the attorney for the Defendant, ROBERT J. DAILEY, ESQUIRE, by United States first-class certified mail, postage prepaid, addressed as follows: ROBERT J. DAILEY, ESQUIRE O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 DATE: December 3, 2007 CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Defendant ID# 29029 ?? ?: `-? ?'° ? ? ? , C_ _ ?--' ._-e r - c. ? _-s- .-T , ? i,?; .. ? _, ?.? , ? -; ?._ # 1. ?" ?.-- ?( ?• "' 1 ,,?di. .. :'.?'. GREGORY L. STAUFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. NUMBER: 2007-3276 CIVIL TERM DEBRA L. STAUFFER, Defendant IN DIVORCE INVENTORY OF GREGORY L. STAUFFER GREGORY L. STAUFFER, 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. GREGORY L. STAUFFER, Plaintiff, verifies that the statements 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 unsworn falsification to authorities. / 1, G? DAT ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ? ' () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other persons as of the date this action was commenced: Item Description Number of Property 1. Cabin and property in Snow Shoe, Centre County, PA Property in September, 2005 Sales Price = $64,000.00 Proceeds used to pay off Marital Debt 9. Life Insurance Policy 17. Profit Sharing w/ Keystone Petroleum 19. 401(k) Names of All Owners Gregory and Debra Stauffer Gregory Stauffer Debra Stauffer Gregory Stauffer 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: Item Description Reason for Number of Property Exclusion 2. 2003 Jeep Purchased after separation 5. Checking account Acquired after separation 6. Savings account Acquired after separation () 7. Contents of safe deposit boxes () 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities O 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home O 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 (X) 17. Profit sharing plans O 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/VA benefits () 23. Education benefits O 24. Debts due, including loans, mortgages held - PROPERTY TRANSFERRED Item Number Description Date of Consid- of Property Transfer eration Person to Whom Transferred 1. 227 N Locust April or May Point Road 2004 or 2005 Mechanicsburg, PA LIABILITIES Item Description Names of Names of Number of Property All Creditors All Debtors d • CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that on this date, I mailed a true and correct copy of the within Inventory on December 3, 2007, in the above captioned matter to the attorney for the Defendant, ROBERT J. DAILEY, ESQUIRE, by United States first-class certified mail, postage prepaid, addressed as follows: ROBERT J. DAILEY, ESQUIRE O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 DATE: December 3, 2007 CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Defendant ID# 29029 G a7z 11 - 1% GREGORY L. STAUFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. NUMBER: 2007-3276 CIVIL TERM DEBRA L. STAUFFER, Defendant IN DIVORCE DEFENDANT'S PRETRIAL STATEMENT 1. a) Marital assets: See Plaintiffs Inventory b) Non-marital assets: See Plaintiffs Inventory 2. Expert witnesses: None 3. Witnesses: Gregory L. Stauffer and Debra L. Stauffer 4. Exhibits: None 5. Income: See Plaintiffs Income and Expense Statement 6. Expense statement: See Plaintiffs Income and Expense Statement 7. Pension/ Retirement benefits: Plaintiff has a 401(k) plan with an approximate value of $100,000.00 8. Counsel fees: N/A 9. Disputed personal property: None 10. Marital debt: All marital debt has been paid in full. .* 11. Proposed resolution of economic issues: Each party keeps his or her own assets and no alimony awarded to Defendant. Respectfully submitted, 64-,z,zle?-q CHARLES E. PETRIE 3528 BRISBAN STREET HARRISBURG PA 17111 (717) 561-1939 ATTORNEY FOR PLAINTIFF C? ?' c_' ? -? _ +? °? `zi p -r• 3`r ?? `_ P .. ?; ? ? • : C GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007 - 3276 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is inidignities 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 17013. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVIES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3276 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, comes Defendant, Debra L. Stauffer, by and through her attorneys, O'BRIEN, BARIC & SCHERER, and files the within Counterclaims and, in support thereof, sets forth the following: 1. Plaintiff, on or before December 2001, had relations with a woman other than Defendant, spouse. Thereafter, the parties separated. 2. After May 2002, the parties attempted to reconcile their marriage. 3. Again, Plaintiff, on or before January 2005, had relations with a woman other than Defendant, spouse. Thereafter, the parties separated for a second time. 4. The parties have not reconciled since their second separation date. 5. Defendant has not cohabited with a person of the opposite sex since the parties' second separation date. 6. On March 29, 2006, the parties entered into a Stipulation for spousal support in the amount of $600 per month payable from Plaintiff to Defendant. Additionally, Plaintiff agreed to provide for Defendant's health insurance through Plaintiff's place of employment. Thereafter, Judge Hess made the Stipulation an Order of Court. COUNT I - ALIMONY 7. Defendant hereby incorporates by reference paragraphs one (1) through six (6). 8. Defendant lacks sufficient income and property to provide for her reasonable needs through employment. 9. Plaintiff enjoys a substantial income from which he is well able to contribute to the support and maintenance of Defendant and to pay her alimony. WHEREFORE, Defendant requests this Honorable Court to enter an Order directing Plaintiff to pay Defendant alimony. COUNT II - EQUITABLE DISTRIBUTION 10. Defendant hereby incorporates by reference paragraphs one (1) through nine (9). 11. During the course of the parties' marriage, Plaintiff and Defendant acquired many items of property, real, personal or otherwise, which is marital property. WHEREFORE, Defendant requests this Honorable Court to enter a decree that effects an equitable distribution of the parties' marital property. Respectfully submitted, O'BRIEN, BARIC & Robert J. ile quire I.D. 20341 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Defendant GREGORY L. STAUFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007 - 3276 CIVIL TERM DEBRA L. STAUFFER, CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I, Debra L. Stauffer, verify that the statements made in the foregoing Counterclaims 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. § 4904 relating to unsworn falsifications to authorities. Date: a d - Q"_. Debra L. Stau f Defendant r f\) ` ' rr ?r+ ter CJ ??-, In 0 s w o irctJ PL-CAS V ACCEPTANCE OF SERVICE I, Charles E. Petrie, Esquire, attorney for Gregory L. Stouffer, Plaintiff in this divorce matter, hereby accept service of Defendant's Counterclaims to the Divorce Complaint. I certify that I am the Defendant's agent authorized to accept service on the Defendant's behalf. ?4 Date: ?3 s- e ) `? L. - Charles E. Petrie, Esquire te ` ?v r -. - •- w r-- `o rr7 p s GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007 - 3276 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that Defendant in the above-captioned matter hereby elects to retake and hereafter use her previous, maiden name, Debra L. Stum X prior to the entry of a Final Decree in Divorce and gives this written notice avowing her intention pursuant to 54 Pa.C.S.A. § 704. Dated: April 17, 2008 Debra L. Sta fer TO BE HEREINAFTER KNOWN AS De ra L. Stum COMMONWEALTH OF PENNSYLVANIA : S. S. COUNTY OF CUMBERLAND On this 17th day of April 2008, before me, a notary public, personally appeared Debra L. Stauffer to be hereinafter known as Debra L. Stum, known to me to be the person whose name is subscribed to the within documents, and acknowledged that she executed the forgoing for the purpose contained therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S. Lindsay, Notary Public Carlisle Soro, Cumberland County My Commission Eras Nov. 29, 2011 Member, PennsyWani<3 Aysocia ion of Notaries o u? C>q c C N Cr) co r? U z y .; --c GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3276 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Defendant hereby withdraws her Counterclaim for Alimony and Equitable Distribution filed on February 27, 2008. B A? 01C08 DATE 19 West South Street Carlisle, PA 17013 C j+ij CA T. GREGORY L. STAUFFER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 3276 CIVIL TERM DEBRA L. STAUFFER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT UNDER & 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on February 4, 2002 in Cameron County and subsequently transferred to Cumberland County on May 2, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 2008 C7 0 C 'T •t. O PA GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3276 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT UNDER 4 3301(c) OF THE DIVORCE CODE A complaint in divorce under § 3301(c) of the Divorce Code was filed on February 4, 2002 in Cameron County and subsequently transferred to Cumberland County on May 2, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: -1 of 2008 Debra L. Stum f/k/a Debra L. Stauffer GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2007 - 3276 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER-4- NDER & 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: __?_ of 2008 Debra L. Stum f/k/a Debra L. Stauffer ?v O t ? GREGORY L. STAUFFER, Plaintiff vs. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 2007-3276 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE CHARLES E. PETRIE, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the NOTICE TO DEFEND AND CLAIM RIGHTS, COMPLAINT UNDER SECTION 3301(c), and Military Affidavit, upon DEBRA L. STAUFFER, defendant, in the above- captioned matter, by mailing a true and correct copy of same by U.S. Certified Mail, return receipt requested, Article Number 70993220000709215787 postage prepaid, on February 6, 2002, to the following address: Name: Debra L. Stauffer Address: 227 Locust Point Road N, Mechanicsburg, PA 17050 Defendant personally received said documents on February 11, 2002, as evidenced by her signature on the certified mail return receipt card which is attached hereto and marked Exhibit "A". I verify that the statements in the foregoing Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 9 112 16, t CILES E. PETRIE OR PLAINTIFF ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, ` . ' or on the front if space permits. Article Abdressed to: Deb L. Stauffer 227 ocust Point Road N Mechanicsburg, PA 17050 RESTRICTED DELIVERY by B. Date of Delivery 2 /11/, -L.- C. n re 1 C. T 1, ?14 ? Agent 19'Addressee D. 1 ivaddress different from fenj 1 Yes If YES, enter delivery address below: ? No 3. Service Type VCertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes Article Number (Copy from service label) 70993220000709215787 PS f=orm 3811, JUIy 1999 Domestic Return Receipt 102595-00-M-0952 :2 t' - to 7 ,, ?rn yrrE GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3276 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS MARRIAGE SETTLEMENT AGREEMENT is made this /_ day of se o h A-l,,,'` 2008, BY AND BETWEEN Gregory L. Stauffer of 11 Oak Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, hereinafter referred to as "Husband", A N D Debra L. Stum, fWa Debra L. Stauffer of 15 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, hereinafter referred to as "Wife", hereinafter collectively referred to as the "Parties". REC_ITAL_S R.1: The Parties are Husband and Wife and were joined in marriage on July 29, 1989 in Landisburg, Pennsylvania; and R.2: There were no children born of this marriage; and R.3: Differences have arisen between the Parties as a consequence of which the Parties separated in January 2005 and have remained separate and apart since that date; and RA: The Parties have resolved that the marriage is irretrievably broken and that it is not possible to continue the marital relationship between them for reasons known to them; and R.5: Husband filed a Divorce Complaint in the Cameron County Court of Common Pleas of February 4, 2002. By stipulation of the Parties, the case was transferred to the Cumberland County Court of Common Pleas to the above-captioned docket number on May 2, 2007; R.6: It is the desire and intention of the Parties to amicably adjust, compromise, and settle all property rights and all rights in, to, and against the property or estate of the other, including, but not limited to, spousal support, alimony pendente lite, alimony, counsel fees, and equitable distribution and including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel with their respective selection and that Husband has been independently represented by Charles E. Petrie, Esquire and Wife has been independently represented by Robert J. Dailey, Esquire. NOW THEREFORE, the above-numbered recitals being incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1. Separation. It shall be lawful for each Party at all times hereafter to live separate and apart from the other Party, at such place or places as he or she, from time to time, may choose or deem fit, free from any control, restraint, or interference from the other. Neither Party shall disparage or discredit the other in any way, nor in any way injure his or her reputation. Neither Party shall act or permit anyone else to act in any way that might tend to 2 create any disaffection, disloyalty, or disrespect between the members of the family of either Party. The Parties separated in January 2005. 2. Divorce. The Parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault divorce decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute the Affidavits of Consent and Waiver of Notice forms necessary to finalize this divorce, to be immediately thereafter filed with the Prothonotary's office. If either Parry fails or refuses to execute and file the forgoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the non- breaching Party to terminate this Agreement at his or her option. 3. Real Property. The Parties own no real property of the marriage and have effected an equitable distribution of any and all real property that they had owned during the marriage. 4. Debts. The parties have no marital debts and have effected an equitable distribution of any and all marital debts that they had had during the marriage. In the event that either Party is unaware of a debt incurred by the other Party, the Party benefiting from said debt shall be responsible for the debt, regardless of the name in which the debt may have been incurred. In the event that either Party contracted or incurred any debt since the date of separation, the Party who incurred the debt and benefited therefrom shall be responsible for the payment thereof, regardless of the name in which the debt may have been incurred. From the date of this Agreement, neither Party shall contract or incur any debt or liability for which the other Party or his or her property or estate might be responsible. Each Party shall indemnify and save the other Party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other Party. In the event that either Party contracts for or incurs any debt from the date of this Agreement, the Party who incurs the debt and benefits therefrom shall be responsible for the payment thereof, regardless of the name in which the debt is incurred. 5. Motor Vehicles. The Parties have mutually agreed and have effected a satisfactory division of all motor vehicles. 6. Tangible Personal Property. Except as otherwise provided, the Parties have mutually agreed and have fully effectuated a satisfactory division of all other tangible, personal property. The Parties further agree that from this day forward, each Party in possession shall be the sole and rightful owner of such property, regardless of whether the property was jointly owned previous hereto. 7. Intangible Personal Property. Husband is the owner of a Vanguard Capital Blue Cross Employee Savings Plan in the amount of $90,126.76. Wife is the owner of an American Funds Retirement Plan in the amount of $77,370.72. The Parties agree to split the difference of the accounts. Simultaneous with the execution of this Agreement, Husband shall draft and tender a check to Wife in the amount of $6,378.02. If Husband fails or refuses to draft and tender said check, then said failure or refusal shall be considered a material breach of this Agreement and shall entitle Wife to terminate this Agreement at her option. Except as otherwise provided, the Parties hereby release and relinquish any and all rights, title, and interest in or to any intangible personal property of the other, including, but not limited to, stocks, bonds, CDs, insurance, bank accounts, other retirement accounts, employment benefits, including, but not limited to, retirement accounts, savings plans, pension plan, stock plans, 401 k plans, and the like. 4 8. Alimony. Husband agrees to pay Wife alimony in the amount of $600.00 per month. Currently, the garnishment deduction for spousal support is $600.00 per month. All payments from Husband to Wife after the divorce is entered as an Order shall be deemed alimony, as described in Section 71(b)(1)(A) of the Internal Revenue Code ("IRC") as amended. Said alimony payments shall be considered income to Wife under Section 71(b)(1)(A) of the IRC and deductible by Husband under Section 215 of the IRC in the year of payment and receipt. Husband's wages are currently attached for support to Wife through the Pennsylvania State Collection and Disbursement Unit. Husband's wages shall hereafter continue to be attached through PASCDU for alimony to Wife indefinitely. The effective date of the change from "support" to "alimony" shall be the date the divorce is entered as an Order. The collection of said alimony shall be enforceable through the Divorce Code including, but not limited to, Sections 3105, 3502, 3703 and 3704 and shall be collectible through the Cumberland County Domestic Relations Office. The amount of alimony may be modified by a Court upon a showing of changed circumstances beyond the control of either Party, of a substantial and settled nature, including, but not limited to, the retirement or disability of either Party. Alimony shall terminate upon Wife's cohabitation, remarriage or the death of either Party. 9. Bank Accounts. The Parties acknowledge that all joint bank accounts have been closed or divided to each Party's mutual satisfaction prior to the execution of this Agreement. The Parties further acknowledge and agree that any bank accounts established individually by the Parties shall become the sole and separate property of that Party simultaneous with the execution of this Agreement. 10. After-Acquired Property. Each of the Parties shall own and enjoy, independent of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to use and dispose of as though he or she was unmarried. Any property so acquired shall be owned solely by that Party and the other Party shall have no right or claim thereto. 11. Life Insurance. To the extent that either Party has life insurance policies, simultaneous with the execution of this Agreement those policies shall become the sole and separate property of the individual owning the policy. The Parties adopt 20 Pa.C.S.A. § 6111.2 to govern their policies held in favor of each other, regardless of where each individual party resides at the time of his or her death. Nothing in this Agreement shall prevent or preclude either Party from designating beneficiaries under or encumbering their respective life insurance policies. 12. Attorneys' Fees. Each Party shall be responsible for his or her own counsel fees, costs, and expenses. Each of the Parties hereby waives the right to receive payment for counsel fees from the other. 13. Additional Instruments. Both Parties shall, at the request of the other, execute, acknowledge, and deliver to the other Party any instrument(s) that may be reasonably necessary to effectuate and give full force and effect to the provisions of this Agreement. 14. Bankruptcy. Both Parties agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. 15. Complete Disclosure. Both Parties acknowledge that each Party is entitled to seek discovery through this divorce including, but not limited to, written interrogatories, motions for production of documents, the taking of depositions, the filing of inventories, and all other means of discovery permitted under the Pa Divorce Code or Pa Rules of Civil Procedure. Both Parties further acknowledge that each Party has had the opportunity to discuss with counsel, if 6 desired, the concept of marital property under Pa law and that each is aware of his or her right to have the real and/or personal property, assets, earnings and income, and debts and liabilities of the other Party assessed or evaluated by the courts of this Commonwealth. The Parties hereby acknowledge that there has been full and fair disclosure to the other of his or her respective real and/or personal property, assets, earnings and income, and debts and liabilities - whether joint or individual. The Parties agree that any right to further disclosure, valuation, appraisal or enumeration is hereby waived. The Parties hereby acknowledge that the division of real and/or personal property, assets, earnings and income, and debts and liabilities as set forth in this Agreement is fair, reasonable, and equitable and is satisfactory to each of them. The Parties covenant and agree that neither he nor she, nor the Parties' heirs, executors, administrators, or assigns, will ever, at any time hereafter, sue the other Party or the other Party's heirs, executors, administrators, or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of rights to full disclosure or that there was fraud, duress, undue influence or that there was a failure to have available full, proper, and independent representation by legal counsel. 16. Waiver of Appraisals. The Parties acknowledge that they are aware of their right pursuant to the Pa Divorce Code to obtain formal valuations or appraisals of all property, real or personal, including, but not limited to, the real estate and/or personal property, vehicles, and 401 k or IRA retirements, some or all of which were acquired during the marriage, therefore constituting marital property. However, the Parties have agreed to forgo appraisals and valuations. 17. Release of All Claims. Except as otherwise provided herein, each Party hereby forever releases and completely discharges the other from any and all right, title, or interest in any claim for support, division of property, increase in marital property value, right of dower or 7 curtsey, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other rights, benefits or privileges accruing to either party by virtue of their marriage. The Parties specifically waive any and all rights to equitable distribution, alimony, and counsel fees, except those fees sought in the event of a breach of this Agreement. 18. Severability. If any term, condition, clause, or provision of this Agreement is later determined to be void or invalid, then only that terms, condition, clause, or provision shall be stricken from this Agreement. In all other respects, this Agreement shall continue in full force and effect. 19. Choice of Law. All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 20. Incorporation into Divorce Decree. The Parties agree that this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce is entered in this matter. Upon entry of the Final Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed to be merged into such Decree. This Agreement shall survive any such Decree and shall be independent thereof. The Parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, in this matter or otherwise. 21. Breach. It is expressly agreed upon and stipulated that in the event that either Party successfully sues for the breach of any provision of this Agreement, the breaching Party shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, the non-breaching Party's attorneys' fees, court costs, fees, or any other cost. In the event of breach, the non-breaching Party shall have the right to sue for damages for such breach or to seek such other and additional remedies as may be available. 22. Entire Understanding. This Agreement constitutes the entire understanding of the Parties and there are no covenants, conditions, representation, or agreements - oral or written, of any nature whatsoever - other than those herein contained. 23. Agreement Binding on Parties, Heirs, Etc. The Parties agree that this Agreement binds not only the Parties hereto but also the Parties' heirs, administrators, executors, assigns, and others. All shall be bound by the terms, conditions, clauses, and provisions herein. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, in exchange for the mutual covenants, conditions, representations and agreements herein, hereunto set their respect hands and seals to this Agreement, the day, month, and year first-above written. Attorney for W} Debra L. Stum, /k/a Debra L. Stauffer Wife Z,-/?, ? s- - / ? ? Charles E. Petrie, Esquire Atto=Y for Husbanc usband 4 'tt+ A; 1 OW6 Dat q11109 Date FX//pop Date l It 6 Date 9 r.a C= r"I '. "t? cn err, m CJ f 4 GREGORY L. STAUFFER, Plaintiff VS. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NUMBER: 2007-3276 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of complaint: February 11, 2002, by certified mail. 3. Complete either paragraph (a) or (b) : (a) (1) Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by plaintiff. 09 / 11 / 2008; by defendant: 09/04/2008. (a)(2) Date of execution of the Waiver of Notice of Intention required by §3301(c) of the Divorce Code: by plaintiff. 09 / 11 / 2008; by defendant: 09 / 04 / 2008. (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filed: ; Served: 4. Related Claims Pending: No claims raised. 5. Complete either (a) or (b): (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 plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: 09/12/2008. (c) Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: 09/12/2008. CHARLES E. PETRIE ATTORNEY FOR PLAINTIFF C CD C-) -r! 5i -rl 4/ GREGORY L. STAUFFER, Plaintiff VS. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 3276 CIVIL IN DIVORCE ORDER OF COURT AND NOW this day of -4 Lz'/ 2008, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated September 11, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Charles Petrie Attorney for Plaintiff Robert J. Dailey Attorney for Defendant y ?? ??. ;? ?, ?. `cv Y v ?,. ?i.7'c::. ?? ?: ?„LV ? M??''° w? ? t? `? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. GREGORY L. STAUFFER, Plaintiff N O. 2007-3276 CIVIL TERM VERSUS DEBRA L. STAUFFER Defendant DECREE IN DIVORCE AND NOW,-? 2%, .b- - r-AI&J. WP , , IT IS ORDERED AND DECREED THAT GREGORY L. STAUFFER , PLAINTIFF, AND DEBRA L. STAUFFER 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; NONE. IT IS FURTHER ORDERED that the Parties' Marriage Settlement Agreement dated September 11, 2008, shall be incorporated into, but not merged with, this Decree in Divorce. ?---1 -..-* BY THE ATTEST: `4 l J. ROTHONOTARY +zn fg:v '00?, -'lop GREGORY L. STAUFFER, IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, VS. PENNSYLVANIA CIVIL TERM DEBRA L. STAUFFER, NO. 200M DEFENDANT : CIVIL ACTION - DIVORt ; r PETITION TO TERMINATE ALIMONY Factual Basis for Petition: I • Gregory L. Stauffer (hereinafter "Husband") is an adult individual residing at 24 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 2• Debra L. Stauffer n/k/a Debra L. Stum (hereinafter "Wife") is an adult individual residing at 15 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. ,- -D r-- T -? M 3• The parties were divorced on September 30, 2008 by a Decree incorporating the parties' Marriage Settlement Agreement dated September 11, 2008. 4. The parties' Marriage Settlement Agreement is attached hereto as Exhibit "A". 5. Paragraph 8 of the Marriage Settlement Agreement provides as follows with regard to alimony: Husband agrees to pay Wife alimony in the amount of $600.00 per month. Currently, the garnishment deduction for spousal support is $600.00 per month. All payments from Husband to Wife after the divorce is entered as an Order shall be deemed alimony, as described in Section 71(b)(1)(A) of the Internal Revenue Code ("IRC") as amended. Said alimony payments shall be considered income to Wife under Section 71(b)(1)(A) of the IRC and deductible by Husband under Section 215 of the IRC in the year of payment and receipt. Husband's wages are currently attached for support to Wife through the Pennsylvania State Collection and Disbursement Unit. Husband's wades shall hereafter continue to be attached throu h PASCDU for alimony to Wife indefinitely. The effective date of the change from "support" to "alimony" shall be the date the divorce is entered as an Order. The collection of said alimony shall be enforceable through the Divorce Code including, but not limited to, Sections 3105, 3502, 3703 and 3704 and shall be collectible through the Cumberland County Domestic Relations Office. The amount of alimony may be modified by a Court upon a showing of changed circumstances beyond the control of either Party, of a substantial and settled nature, including, but not limited to, retirement or disability of either Party. Alimony shall terminate upon Wife's cohabitation remarria a or death of either Party. 6. Wife is cohabitating with Cesar Rodriguez. 7. Mr. Rodriguez resides at Wife's home located at 15 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. Mr. Rodriguez has no other residence other than Wife's home in Mechanicsburg. 9. Mr. Rodriguez has a key to open the door at Wife's home in Mechanicsburg. 10. Mr. Rodriguez is believed to have provided Wife's residence as his address to his employer. 11. Mr. Rodriguez does his laundry at Wife's residence in Mechanicsburg. 12. Mr. Rodriguez sleeps overnight at Wife's residence in Mechanicsburg. 13. Mr. Rodriguez is engaged in a sexual relationship with Wife. 14. Wife has admitted to others that she is in a relationship with Cesar Rodriguez. 15. Wife and Mr. Rodriguez have an "anniversary date" of March 20, 2011 regarding their relationship. 16. Wife has forfeited her right to alimony under the express terms of ¶8 of the parties' Marriage Settlement Agreement. 17. Paragraph 21 of the parties' Marriage Settlement Agreement specifically provides for the recovery of legal fees against the breaching case Wife owed a good faith duty to inform Husband of hert cohabitation and the s failure to do so is a breach entitling him to recover his actual legal fees, court costs and other litigation expenses. Legal Authority Supporting Petition: 18. The Parties Marriage Settlement Agreement specifically invoked the statutory alimony provisions set forth within the Divorce Code. 19. The Divorce Code at §3706 provides a bar to alimony under the following circumstances: No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity. 20. Wife and Mr. Rodriguez are members of the opposite sex who are not members of the same family but who reside together in one household. 21. Wife and Mr. Rodriguez are believed to be engaged in an ongoing long term sexual relationship. 22. Wife and Mr. Rodriguez are believed to be engaged in a relationship evidencing a financial, social and sexual interdependence. WHEREFORE, Husband respectfully requests this Honorable Court to: terminate alimony effective back to the date the cohabitation commenced; immediately escrow all subsequent alimony payments pending a full hearing on the merits; and award other relief including attorneys' fees, court costs and other litigation expenses incurred in ferreting out the cohabitation between Wife and Mr. Rodriguez. Respectfully submitted, By: Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Robert J. Dailey, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 By: Date: November 1, 2011 619 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. 62063 (717) 770-1277 Voice Attorney for the Plaintiff VERIFICATION correct. I/we verify that the statements made in the foregoing document are true and I/we un t t statements herein are made subject to the penalties of 18 Pa. C.S.A. do 4 re nsworn falsification to authorities. BY: GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007 - 3276 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS MARRIAGE SETTLEMENT AGREEMENT is made this __&_ day of 2008, BY AND BETWEEN Gregory L. Stauffer of 11 Oak Avenue, Camp Hill, Cumberland County, Pennsylvania 17011, hereinafter referred to as "Husband", A N D Debra L. Stum, f/k/a Debra L. Stauffer of 15 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, hereinafter referred to as "Wife", hereinafter collectively referred to as the "Parties". RECITALS R.1: The Parties are Husband and Wife and were joined in marriage on July 29, 1989 in Landisburg, Pennsylvania; and R.2: There were no children born of this marriage; and R.3: Differences have arisen between the Parties as a consequence of which the Parties separated in January 2005 and have remained separate and apart since that date; and RA: The Parties have resolved that the marriage is irretrievably broken and that it is not possible to continue the marital relationship between them for reasons known to them; and R.5: Husband filed a Divorce Complaint in the Cameron County Court of Common Pleas of February 4, 2002. By stipulation of the Parties, the case was transferred to the Cumberland County Court of Common Pleas to the above-captioned docket number on May 2, 2007; R.6: It is the desire and intention of the Parties to amicably adjust, compromise, and settle all property rights and all rights in, to, and against the property or estate of the other, including, but not limited to, spousal support, alimony pendente lite, alimony, counsel fees, and equitable distribution and-including property heretofore or subsequently acquired by either Party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel with their respective selection and that Husband has been independently represented by Charles E. Petrie, Esquire and Wife has been independently represented by Robert J. Dailey, Esquire, NOW THEREFORE, the above-numbered recitals being incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each Party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: 1• Senr-stion. It shall be lawful for each Party at all times hereafter to live separate and apart from the other Party, at such place or places as he or she, from time to time, may choose or deem fit, free from any control, restraint, or interference from the other. Neither Party shall disparage or discredit the other in any way, nor in any way injure his or her reputation. Neither Party shall act or permit anyone else to act in any way that might tend to 2 create any disaffection, disloyalty, or disrespect between the members of the family of either Party. The Parties separated in January 2005. 2• Divorce. The Parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault divorce decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the Parties shall execute the Affidavits of Consent and Waiver of Notice forms necessary to finalize this divorce, to be immediately thereafter filed with the Prothonotary's office. If either Party fails or refuses to execute and file the forgoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the non- breaching Party to terminate this Agreement at his or her option. 3. Real Property. The Parties own no real property of the marriage and have effected an equitable distribution of any and all real property that they had owned during the marriage. 4• Debts. The parties have no marital debts and have effected an equitable distribution of any and all marital debts that they had had during the marriage. In the event that either Party is unaware of a debt incurred by the other Party, the party benefiting from said debt shall be responsible for the debt, regardless of the name in which the debt may have been incurred. In the event that either Party contracted or incurred any debt since the date of separation, the Party who incurred the debt and benefited therefrom shall be responsible for the payment thereof, regardless of the name in which the debt may have been incurred. From the date of this Agreement, neither party shall contract or incur any debt or liability for which the other Party or his or her property or estate might be responsible. Each Party shall indemnify and save the other Party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. In the event that either Party contracts for or incurs any debt from the date of this Agreement, the Party who incurs the debt and benefits therefrom shall be responsible for the payment thereof, regardless of the name in which the debt is incurred. 5. Motor Vehicles. The Parties have mutually agreed and have effected a satisfactory division of all motor vehicles. 6. Tangible Personal Prouerty. Except as otherwise provided, the Parties have mutually agreed and have fully effectuated a satisfactory division of all other tangible, personal property. The Parties further agree that from this day forward, each Party in possession shall be the sole and rightful owner of such property, regardless of whether the property was jointly owned previous hereto. 7. Intan 'ble Personal P . Husband is the owner of a Vanguard Capital Blue Cross Employee Savings Plan in the amount of $90,126.76. Wife is the owner of an American Funds Retirement Plan in the amount of $77,370.72. The Parties agree to split the difference of the accounts. Simultaneous with the execution of this Agreement, Husband shall draft and tender a check to Wife in the amount of $6,378.02. If Husband fails or refuses to draft and tender said check, then said failure or refusal shall be considered a material breach of this Agreement and shall entitle Wife to terminate this Agreement at her option. Except as otherwise provided, the Parties hereby release and relinquish any and all rights, title, and interest in or to any intangible personal property of the other, including, but not limited to, stocks, bonds, CDs, insurance, bank accounts, other retirement accounts, employment benefits, including, but not limited to, retirement accounts, savings plans, pension plan, stock plans, 401k plans, and the like. 4 S. Aft on . Husband agrees to pay Wife alimony in the amount of $600.00 per month. Currently, the garnishment deduction for spousal support is $600.00 per month. All payments from Husband to Wife after the divorce is entered as an Order shall be deemed alimony, as described in Section 71(b)(1)(A) of the Internal Revenue Code ("IRC") as amended. Said alimony payments shall be considered income to Wife under Section 71(bxl)(A) of the IRC and deductible by Husband under Section 215 of the IRC in the year of payment and receipt. Husband's wages are currently attached for support to Wife through the Pennsylvania State Collection and Disbursement Unit. Husband's wages shall hereafter continue to be attached through PASCDU for alimony to Wife indefinitely. The effective date of the change from "support" to "alimony" shall be the date the divorce is entered as an Order. The collection of said alimony shall be enforceable through the Divorce Code including, but not limited to, Sections 3105, 3502, 3703 and 3704 and shall be collectible through the Cumberland County Domestic Relations Office. The amount of alimony may be modified by a Court upon a showing of changed circumstances beyond the control of either Party, of a substantial and settled nature, including, but not limited to, the retirement or disability of either Party. Alimony shall terminate upon Wife's cohabitation, remarriage or the death of either Party. 9. Bank Accounts. The Parties acknowledge that all joint bank accounts have been closed or divided to each Party's mutual satisfaction prior to the execution of this Agreement. The Parties further acknowledge and agree that any bank accounts established individually by the Parties shall become the sole and separate property of that Party simultaneous with the execution of this Agreement. 10. After-Acquired Prouerty. Each of the Parties shall own and enjoy, independent of any claims or rights of the other, all real property and all items of personal Property, tangible or intangible, hereafter acquired, with full power to use and dispose of as though he or she was unmarried. Any property so acquired shall be owned solely by that Party and the other Party shall have no right or claim thereto. 11. Life Insurance. To the extent that either Party has life insurance policies, simultaneous with the execution of this Agreement those policies shall become the sole and separate property of the individual owning the policy. The Parties adopt 20 Pa.C.S.A. § 6111.2 to govern their policies held in favor of each other, regardless of where each individual party resides at the time of his or her death. Nothing in this Agreement shall prevent or preclude either Party from designating beneficiaries under or encumbering their respective life insurance policies. 12. Attorneys' Fees. Each Party shall be responsible for his or her own counsel fees, costs, and expenses. Each of the Parties hereby waives the right to receive payment for counsel fees from the other. 13. Additional Instruments. Both Parties shall, at the request of the other, execute, acknowledge, and deliver to the other Party any instrument(s) that may be reasonably necessary to effectuate and give full force and effect to the provisions of this Agreement. 14. B_tcv, Both parties agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. 15. Complete Disclosure. Both Parties acknowledge that each Party is entitled to seek discovery through this divorce including, but not limited to, written interrogatories, motions for production of documents, the taking of depositions, the filing of inventories, and all other means of discovery permitted under the Pa Divorce Code or Pa Rules of Civil Procedure. Both Parties further acknowledge that each Party has had the opportunity to discuss with counsel, if 6 desired, the concept of marital property under Pa law and that each is aware of his or her right to have the real and/or personal property, assets, earnings and income, and debts and liabilities of the other Party assessed or evaluated by the courts of this Commonwealth. The Parties hereby acknowledge that there has been full and fair disclosure to the other of his or her respective real and/or personal property, assets, earnings and income, and debts and liabilities - whether joint or individual. The Parties agree that any right to further disclosure, valuation, appraisal or enumeration is hereby waived. The Parties hereby acknowledge that the division of real and/or personal property, assets, earnings and income, and debts and liabilities as set forth in this Agreement is fair, reasonable, and equitable and is satisfactory to each of them. The Parties covenant and agree that neither he nor she, nor the Parties' heirs, executors, administrators, or assigns, will ever, at any time hereafter, sue the other Party or the other Party's heirs, executors, administrators, or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of rights to full disclosure or that there was fraud, duress, undue influence or that there was a failure to have available full, proper, and independent representation by legal counsel. 16. Waiver of Appraisals. The Parties acknowledge that they are aware of their right pursuant to the Pa Divorce Code to obtain formal valuations or appraisals of all property, real or personal, including, but not limited to, the real estate and/or personal property, vehicles, and 401k or IRA retirements, some or all of which were acquired during the marriage, therefore constituting marital property. However, the Parties have agreed to forgo appraisals and valuations. 17. Release of All aims, Except as otherwise provided herein, each Party hereby forever releases and completely discharges the other from any and all right, title, or interest in any claim for support, division of property, increase in marital property value, right of dower or curtsey, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other rights, benefits or privileges accruing to either party by virtue of their marriage. The Parties specifically waive any and all rights to equitable distribution, alimony, and counsel fees, except those fees sought in the event of a breach of this Agreement. 18. SeverabUlty. If any term, condition, clause, or provision of this Agreement is later determined to be void or invalid, then only that terms, condition, clause, or provision shall be stricken from this Agreement. In all other respects, this Agreement shall continue in full force and effect. 19. Choice of Law. All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 20. Incorporation into Divorce Decree. The Parties agree that this Agreement shall continue in full force and effect after such time as a Final Decree in Divorce is entered in this matter. Upon entry of the Final Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed to be merged into such Decree. This Agreement shall survive any such Decree and shall be independent thereof. The Parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, in this matter or otherwise. 21. Breach. It is expressly agreed upon and stipulated that in the event that either Party successfully sues for the breach of any provision of this Agreement, the breaching Party shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, the non-breaching Party's attorneys, fees, court costs, fees, or any other cost. In the event of breach, the non-breaching Party shall have the right to sue for damages for such breach or to seek such other and additional remedies as may be available. 22. Entire Understanding. This Agreement constitutes the entire understanding of the Parties and there are no covenants, conditions, representation, or agreements - oral or written, of any nature whatsoever - other than those herein contained. 23• Agreement Bindin¢ on Parties. Heirs Etc. The Parties agree that this Agreement binds not only the Parties hereto but also the Parties' heirs, administrators, executors, assigns, and others. All shall be bound by the terms, conditions, clauses, and provisions herein. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby, in exchange for the mutual covenants, conditions, representations and agreements herein, hereunto set their respect hands and seals to this Agreement, the day, month, and year first-above written, _4 Q?DO6 Dat Debra L. Stum, ' De ra L. Stau er Wife Charles E. Petrie, Esquire Attornoy for Husband D Date F/loop Date ll Date 9 ~ GREGORY L. STAUFFER, . IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : : NO. 2007-3276 CIVIL TERM DEBRA L. STAUFFER, : DEFENDANT : CIVIL ACTION - DIVORCE RULE TO SHOW CAUSE AND NOW, this ___J= day of OM NL+q dI,• , 2011 it is hereby ORDERED that a Rule is issued upon the Defendant Debra L. Stauffer to show cause if any she might have why her alimony should not be terminated retroactively to the date of cohabitation wrt' h Cesar Rodri uez. Rule returnable within da s of service b g ~ Y Y postage prepaid United States Mail upon the Defendant's counsel of record. A hearing shall be held on r~ 20 l Z at 3o M. in Courtroom Number ,j of the Cumberland unty Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. BY THE COURT: I' .hv.CoC~ Certified Copies To: irn a~~ x;0 .c r- ? Steven Howell, Esquire CQ %0 01? Howell Law Firm =Q ~ ~ ~ 619 Bridge Street New Cumberland, PA 17070 ~'z °A Robert J. Dailey, Esquire 1( < O'Brien, Baric & Scherer I I I q ovb 19 West South Street Carlisle, PA 17013 ~ De,bro- L. Stu m GREGORY L. STAUFFER, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, ; PENNSYLVANIA VS. ' ~ : NO. 2007-3276 CIVIL TERMC ~ DEBRA L. STAUFFER, • ~ DEFENDANT : CIVIL ACTION - DIVORCrA~ ~ -aw C:3 I ~ -+a MOTION TO ESCROW ALIMONY PAYMEN"ctp :X RECEIVED BY DOMESTIC RELATIO N S P E N ~ JANUARY 13, 2012 HEARING Factual Basis for Petition: 1. Gregory L. Stauffer (hereinafter "Husband") is an adult individual residing at 24 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025. 2. Debra L. Stauffer n/k/a Debra L. Stum (hereinafter "Wife") is an adult individual residing at 15 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The parties were divorced on September 30, 2008 by a Decree incorporating the parties' Marriage Settlement Agreement (MSA) dated September 11, 2008. 4. In accordance with ¶8 of the Parties MSA, Wife receives each month through wage attachment collected by the Pennsylvania State Collection and Disbursement Unit the sum of Six Hundred and 00/100 ($600.00) Dollars. 5. Husband is likely to prevail on the merits because Wife has placed on her own Facebook page under "Relationship Status" the following information: "In relationship with Cesar Rodriguez Anniversary March 20, 2011." See Exhibit «A9 6. Wife is cohabitating with Cesar Rodriguez. 7. Mr. Rodriguez resides at Wife's home located at 15 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. Mr. Rodriguez has no other residence other than Wife's home in Mechanicsburg. 9. Mr. Rodriguez has a key to open the door at Wife's home in Mechanicsburg. 10. Mr. Rodriguez is believed to have provided Wife's residence as his address to his employer. , 11. Mr. Rodriguez does his laundry at Wife's residence in Mechanicsburg. 12. Mr. Rodriguez sleeps overnight at Wife's residence in Mechanicsburg. 13. Mr. Rodriguez is engaged in a sexual relationship with Wife. 14. Wife has admitted to others that she is in a relationship with Cesar Rodriguez. 15. Wife and Mr. Rodriguez have an "anniversary date" of March 20, 2011 regarding their relationship. 16. Wife has forfeited her right to alimony under the express terms of ¶8 of the parties' Marriage Settlement Agreement. 17. Paragraph 21 of the parties' Marriage Settlement Agreement specifically provides for the recovery of legal fees against the breaching party to the agreement. In this case Wife owed a good faith duty to inform Husband of her cohabitation and the failure to do so is a breach entitling him to recover his actual legal fees, court costs and other litigation expenses. Legal Authority Supporting Petition: 18. The parties Marriage Settlement Agreement specifically invoked the statutory alimony provisions set forth within the Divorce Code. 19. The Divorce Code at §3706 provides a bar to alimony under the following circumstances: No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity. 20. Wife and Mr. Rodriguez are members of the opposite sex who are not members of the same family but who reside together in one household. 21. Wife and Mr. Rodriguez are believed to be engaged in an ongoing long term sexual relationship. 22. Wife and Mr. Rodriguez are believed to be engaged in a relationship evidencing a financial, social and sexual interdependence. s WHEREFORE, Husband respectfully requests this Honorable Court to: terminate alimony effective back to the date the cohabitation commenced; immediately escrow all subsequent alimony payments pending a full hearing on the merits; and award other relief including attorneys' fees, court costs and other litigation expenses incurred in ferreting out the cohabitation between Wife and Mr. Rodriguez. Respectfully submitted, By: Steve owe ~sq ire H ell Law Firm 19 Bridge Street New Cumberland, PA 17070 Supreme Court I.D. 62063 (717) 770-1277 Voice Attorney for the Plaintiff Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Debra L. Stauffer n/k/a Debra L. Stum 15 West Locust Street Mechanicsburg, PA 17055 By: Stev o 1, E quire Date: November 2011 , VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we und st th se statements herein are made subject to the penalties of 18 Pa. C.S.A. tio 04 tin t worn falsification to authorities. BY: y L. Stauffer ~ , -----uenei ~itum Page 1 of 2 Search q ( Debbi Stum Add Friend Accounting at Secco Inc, Went to Cumberiand Perry Vo-Tech In a relationship with Ce Rodriguez Education and Work Employers Secco Inc. 3 Accounting • Sep 2008 to present Keystone Petroleum ~ Accounting Mgr Jul 1980 to Oct 2007 • Mechanicsburg, Pennsyivania Wall High Schoo) West Perry Senior High School Info Ph Fr' nds , ' Cumberland Perry Vo-Tech - Class of 1974 In a relationship with ~ Cesar Rodriguez P losophy Friends (197) Favorite Never allow someone to be your priority while allowing yourself to be their Stacey Quig ey- Quotations option, Stehman 'Trust is like a mirror, you can fix it if it's broken, but you can still see the cra in that m-fer's reflection" Darren Evanoff ~ Basic information 7ami 3anes About Debbi Never allow someone to be your priority while allowing yourself to be their option!!!! Erit Frigm Enjoy spending time with family and friends. Relationship In a relationship with Cesar Rodriguez Deb Bricker Status Anniversary March 20, 2011 Kim Poweil SeX Female ~ l,ft-n-//www-fpice'hook.com/ GREGORY L. STAUFFER, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-3276 CIVIL TERM DEBRA L. STAUFFER, DEFENDANT CIVIL ACTION - DIVORCE RULE TO SHOW CAUSE A1#.Tn NnXV +1- / riav of /A ?011 it k, berebv ORDERED that a Rule is issued upon the Defendant Debra L. Stauffer to show cause if any she might have why her alimony should not be escrowed by the Pennsylvania State Collection and Disbursement Unit pending the hearing on January 13, 2012. Rule returnable within days of service by postage prepaid United States Mail upon the Defendant's counsel of record. BY THE COURT: Albert H. Masland, Judge Certified Copies To: ? Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Debra L. Stauffer n/k/a Debra L. Stum 15 West Locust Street Mechanicsburg, PA 17055 !r'Ott lQKp, zm o M u) -<? CO GREGORY L. STAUFFER, Plaintiff V. DEBRA L. STAUFFER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3276 CIVIL TERM CIVIL ACTION - DIVORCE RESPONSE TO RULE TO SHOW CAUSE WHY ALIMONY SHOULD NOT BE TERMINATED AND NOW, comes Debra L. Stauffer, by and through her attorney, Vincent M. Monfredo, Esquire and answers the Rule to Show Cause with the following: 1. Admitted. = rn i M;:0 ma ~?= "V 2. Admitted. - c o - 3. Admitted. a p- ca ", 4. Admitted. 5. Admitted. 6. Denied. Mr. Rodriguez did live at Defendant's residence, but only while Defendant was in Maryland for approximately twenty-nine day period. Mr. Rodriguez has until January 1, 2012 to move out of the residence. 7. Denied in part. Admitted in part. Mr. Rodriguez will be moving out soon as the relationship has ended. 8. Denied. Prior to this date, Mr. Rodriguez was living with his cousin and is currently searching for a new residence. 9. Denied. 10. Admitted. 11. Admitted in part. He has done his laundry but will not be once he moves out. 12. Admitted in part. He has slept over but will not be once he moves out. 13. Admitted in part. He has had a sexual relationship with Defendant but that relationship has ended. 14. Admitted. 15. Admitted. 16. Denied. Conclusion of law. 17. Denied. Conclusion of law. 18. Denied. Conclusion of law. 19. Denied. Conclusion of law. 20. Denied. Conclusion of law. 21. Denied. Conclusion of law. 22. Denied. Conclusion of law. WHEREFORE, Wife respectfully requests this Court to deny Plaintiffs petition to terminate alimony. Dated: / / 30 -(/ Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant GREGORY L. STAUFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-3276 CIVIL TERM DEBRA L. STAUFFER, : CIVIL ACTION - DIVORCE Defendant CERTIFICATE OF SERVICE I, Vincent M. Monfredo, Esquire, do hereby certify that I served a copy of the Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Steven Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 206671 Attorney for Defendant Dated: Z / - 3-0 -/j VERIFICATION I verify that I am the Petitioner and 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 unsworn falsification to authorities. Date: Debra L. Stauffer GREGORY L. STAUFFER, PLAINTIFF VS. DEBRA L. STAUFFER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3276 CIVIL TERM CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, this day of ti w , 24Ut is hereby ORDERED that: 1. the alimony order set forth in the parties' Marital Settlement Agreement and any arrears shall be irrevocably terminated effective December 31, 2011 and shall never be reinstated for any reason at any time in the future; 2. Cumberland County Domestic Relations and PASCDU shall terminate the wage attachment effective December 31, 2011 and place an administrative hold for the return any sums to Gregory Stauffer that are received after December 31, 2011; 3. Gregory Stauffer withdraws with prejudice all claim for counsel fees, court costs and the return of alimony received by Debra L. Stauffer n/k/a Debra L. Stum prior to December 31, 2011; and 4. the hearing scheduled for January 13, 2012 is cancelled by agreement of the parties as being moot in light of the Stipulation. BY THE COURT: TM sland Steven Howell, Esquire Steven cl> Howell Law Firm C-- ^I --4 619 Bridge Street -v N cr -?? New Cumberland, PA 17070 -0 /Vincent M. Monfredo, Esquire ?-- t?--?~-. * G Rominger & Associates J 'cy C-- C ' 155 South Hanover Street ? r Carlisle, PA 17013 3' o Copies To: