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HomeMy WebLinkAbout07-4869SONIA R. FLEGEAL-KIPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I,AW v. N0.07- y~ (~ ~ CIVIL TERM BRUCE G. KIPP, III, Defendant : 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 indignities or irretrievable breakdown of the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 SONIA R. FLEGEAL-KIPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. N0.07- ~`l ~(o y CIVIL TERM BRUCE G. KIPP, III, Defendant : IN DIVORCE COMPLAINT COUNTI DIVORCE 1. Plaintiff in this Action in Divorce is SONIA R. FLEGEAL-KIPP, an adult individual who resides at 112 Homers Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is BRUCE G. KIPP, III, an adult individual and citizen of the United States of America who resides at 1421 Woodhaven Drive, Hummelstown, Dauphin County, Pennsylvania 17036. 3. Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 4. Plaintiff and Defendant were lawfully joined in marriage on May 21, 1989, in Carlisle, Cumberland County, Pennsylvania. 5. The parties have been living separate and apart since July 18, 2007. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. In the alternative, Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. 9. Both parties to this Action in Divorce are legally capable of managing their own WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 concerns. -2- 10. Defendant herein is not a member of the armed forces of the United States of America. 11. There were no children born to the parties. 12. 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. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 13. The averments of Paragraphs 1 through 12 inclusive above are incorporated herein by reference as though fully set forth. 14. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by the Court. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- WHEREFORE, Plaintiff demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- I verify that the statements made in this pleading 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. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Date: August 14 , 2007 R. Flegeal-Kipp ~ ~ l,; ~ ~ ~. ~ ~' W ~~(~1 \ ~' 6~ O C R e r 0 c W G` c P r_-~ ^u <::.~ _:y°; -n '~`~ r=" - ~~~ rR Ri ~ U~ t , {'; ; ~". ~ n _'s~ \../ _a -:i (L, ~~~` w, r SONIA R. FLEGEAL-KIPP, Plaintiff v. BRUCE G. KIPP, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.07- ~/S~(Q ~ CIVIL TERM IN DIVORCE ELECTION TO RETAKE PRIOR NAME NOTICE is hereby given that the Plaintiff in the above-captioned matter, prior to the entry of a Final Decree in Divorce, hereby elects to retake and hereafter use her former name, SONIA RUTH FLEGEAL, and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, 54 Pa.C.S.A. §704. Date: August 14 , 2007 ~~ ~~P~,~a-~; Sonia Ruth Flegeal-Kipp To Be Known As WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 onia Ruth Flegeal COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) On this, the 14th day of August, 2007, before me, a Notary Public, personally appeared SONIA RUTH FLEGEAL-KIPP, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. } ~~ Notary Pub c COMMONW ,ACTH OF PENNSYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary Public Carlisle Boro., Cumberland County M Commission Expres October 5, 2008 WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania 17013 r " , _ ~ r ~'. V) W r ~~:: '~ ~ ~ r.~ ~ ~ _ t ` ~ 1S ~ 1 F: \F ILES\ 12719\ l 2719. I . prae l Creazed: 9!20/04 0:06PM Revised: 8/20/07 5:21PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SONIA R. FLEGEAL-KIPP, Plaintiff v. BRUCE G. KIPP, III, Defendant IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA No. ~ ~ - y~~ 9 CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of the undersigned on behalf of the Defendant Bruce G. Kipp, III. I hereby acknowledge receipt of a Certified Copy of the Divorce Complaint on behalf of the Defendant on August 17, 2007. Hubert X. Gilro ,Esquire Martson De orff Williams Otto Gilroy & Faller 10 East Hi Street Carlisle, PA 17013 (717) 243-3341 ID #29943 Attorney for Defendant C~` ~ =~ c>' ~ T~ -- _.,.~ --~ 4 ~ ' ~ ~ 4Yt~ri ;i~ 'ro.Y ~„ -C F:\FILES\Clients\12719 Kipp\12719. Lspecrel.wpd Hubert X. Gilroy, Esquire MART5ON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SONIA R. FLEGEAL-KIPP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-4869 CIVIL ACTION -LAW BRUCE G. KIPP, III, Defendant IN DIVORCE) APL PETITION FOR SPECIAL RELIEF Petitioner, Bruce G. Kipp, III, by and through his attorneys, MARTSON DEARDROFF WILLIAMS OTTO GILROY & FALLER, sets forth the following: 1. Petitioner is Bruce G. Kipp, III, an adult individual, who resides at 554 Dickens Drive, Hummelstown, Dauphin County, Pennsylvania. 2. Respondent Sonia Flegeal-Kipp is an adult individual residing at 112 Homers Road, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner and Respondent were married on May 21, 1989. 4. Respondent has filed a Divorce Complaint against Petitioner at the above captioned term and number. 5. Petitioner is currently disabled from his 34 year employment as a physician's assistant at Belvedere Medical Center and is receiving long term disability. 6. Respondent is employed as the Administrator of Belvedere Medical Corporation and earns approximately $80,000 per year. 7. Respondent has carried the health insurance coverage through her employer for Petitioner and has now threatened to drop Petitioner from her health insurance coverage as of April 1, 2008 because she is unhappy with the course of divorce negotiations. Respectfully Submitted, MARTSQN LAW OFFICES Date: March 28, 2008 ~ ~-"' " Hube X. ilroy, Esquire 8. Respondent will force Petitioner to pay for COBRA coverage which will be a huge expense. 9. Currently Respondent pays $451 per month for Petitioner's health insurance coverage. 10. Respondent is living in the marital home, which recently appraised for $178,000, rent and mortgage free, while Petitioner is forced to rent an apartment. 11. It would be unfair and unjust for Respondent to drop Petitioner from her health insurance coverage and force him to incur the expense of COBRA coverage. 12. Counsel for Petitioner informed counsel for Respondent that this Petition would be filed and it is not expected that he concurs. 13. No judge has ruled on any matters in this case. WHEREFORE, Petitioner requests your Honorable Court to order and direct Respondent to continue Petitioner's health insurance coverage under the same policy through her employer until further Order of this Court or until the parties are divorced. ID #29'943 Jennifer L. Spears, Esquire ID #87445 Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant CERTIFICATE OF SERVICE I, Shelly Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition for Special Relief was served this date by facsimile and depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 W. Pomfret Street Carlisle, PA 17013 Fax: 717.249.0017 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLE&, Sl~lelly R. Br ks Ten East gh Street Carlisle, PA 17013 (717) 243-3341 Dated: March 28, 2008 C"`w. ,~ ~_. e ~ c::J ~J ~a oT.i \ C'77 " ("fir. ~ ~, ,T+, ~7'•. _ { _" ~ ,+ ~ -9} ~ 7 V ' "~ C.a ~r` r~ ~- ,; ~ +~ -...: --c .., F:\FILES\Clirnts\12719 Kipp\12719. Laplpet.wpd Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SONIA R. FLEGEAL-KII'P, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-4869 CIVIL ACTION -LAW BRUCE G. KII'P, III, : Defendant IN DIVORCE/ APL PETITION FOR ALIMONY PENDENTE LITE LEGAL FEES AND COSTS Petitioner, Bruce G. Kipp, III, by and through his attorneys, MARTSON DEARDROFF WILLIAMS OTTO GILROY & FALLER, sets forth the following: 1. Petitioner is Bruce G. Kipp, III, an adult individual, who resides at 554 Dickens Drive, Hummelstown, Dauphin County, Pennsylvania. 2. Respondent Sonia Flegeal-Kipp is an adult individual residing at 112 Homers Road, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner and Respondent were married on May 21, 1989. 4. Respondent has filed a Divorce Complaint against Petitioner at the above captioned term and number. 5. Petitioner is without sufficient funds to support himself and to meet the costs and expenses of the litigation and to appropriately maintain himself during the pendency of this action. 6. Petitioner's income is not sufficient to provide for his reasonable needs and to pay attorney's fees. 7. Respondent wife has adequate earnings to provide Support and Alimony Pendente Lite to her husband and to pay his counsel fees and expenses. WHEREFORE, Petitioner requests your Honorable Court to award him Alimony Pendente Lite, counsel fees and costs. Respectfully Submitted, MARTSON LAW OFFICES Date: March 28, 2008 Hubert X. Gilroy, Esquir ID #29943 Jennifer L. Spears, Esq ~ e ID #87445 Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant CERTIFICATE OF SERVICE I, Shelly Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by facsimile and depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 W. Pomfret Street Carlisle, PA 17013 Fax: 717.249.0017 MARTSON DEARDORFF WILLIAMS OTTO GILROX & FALLER 1 ~ A` ~~~'~ elly R. Br oks en East 'gh Street Carlis e, A 17013 (717 -3341 Dated: March 28, 2008 ~' d 6'` G -~ G` ~'' "`~...._ ~_ Q r R h C c., '~1.. _...( ~' ~:~~ ~~ n .. ~.~ `~~ ~.; ~;,, :Ts c~ ;k: - "~ w i"~ ,~ ~ ., -r~ .._.~ 4./ , .~. ry .t;~ t i~ +~ r ~uur s i 2ooe M~ SONIA R. FLEGEAL-KIPP, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-4869 CIVIL ACTION -LAW BRUCE G. KIPP, III, Defendant IN DIVORCE/ APL ORDER OF COURT AND NOW, this 3/ ` day of /~a~«-k , 2008, upon consideration of the attached Petition for Special Relief, it is hereby directed that Wife, Sonia Flegeal-Kipp must continue to keep Bruce G. Kipp, III, on her health insurance through her employer until a determination of Husband's entitlement to APL is made by the Domestic Relations Office or ~r~Tfitf o++L~r ~ C.eurv. tl~erP i~ a final r ~ »+~ -.. ~r. If Husband is found to be not entitled to APL or health insurance coverage by Wife, Wife has the right to seek reimbursement for the cost of Husband's coverage through equitable distribution or otherwise E '~~ "~ `~`'6 "' ~ BY THE T: J. f `~ Hubert X. Gilro , Es uire for Defendant-Petitioner Y q ~ayne F. Shade, Esquire for Plaintiff-Respondent ~~E.L' m7-i. Lfc~ a~3 ~`os i ~'y ~.. ` ' '~ '~'S~ ~~f~ , `ji~ uu ` ~ ~i,~ `~~ , 14 ~-. y ~~ ~ '~: ~ ~, ?; , SONIA R. FLEGEAL-KIPP, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 07-4869 CIVIL TERM BRUCE G. KIPP, III, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 827109920 ORDER OF COURT AND NOW, this 2nd day of April, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R J. Shadday on Aril 22, 2008 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Hubert L. Gilroy, Esq. Wayne F. Shade, Esq. ,/1 Date of Order: Apri12, 2008 .. J. Sh day, of ence Officer /~ ~/ / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY. BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 F:\FILES\Ctiwts\12719 Kipp\12719. Lprae2 Created: 9/20/04 0:06PM Revised: 7/7/08 10:51 AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SOMA R. FLEGEAL-KIPP, Plaintiff v. BRUCE G. KIPP, III, Defendant IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA : NO. v7- y~ CIVIL ACTION -LAW JURY TRIAL DEMANDED PRA---_E'E TO THE PROTHONOTARY OF CUMBERLAND COUNTY; Please withdraw the Petition for Alimony Pendente Lite filed by the Defendant. ~ili~y, esquire arts Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 (717) 243-3341 ID #29943 Attorney for Defendant a.a m ~ i .ry ` ~.'° ~~ = r v v ~ c:• ~ ~-~ ~ ~' C SONIA R. HIPP, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE . NO. 07-4869 CIVIL TERM BRUCE G. KIPP, III, IN DIVORCE DefendanbRespondent . PACSES Case No: 827109920 ORDER OF COURT AND NOW to wit, this 7th day of July 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the Petitioner withdrawing her request for Alimony Pendente Lite. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: r Edward E. Guido, J• DRO: R.J. Shadday xc: Petitioner Respondent Hubert X. Gilroy, Esq. Wayne F. Shade, Esq. Form 0E-001 Worker: 21005 Service Type: M ra caes ~:; r"' . t__: _._{ " _ ; ~, r - ~ . „2 .X J ~ ~ ~ ~ F:\F1LES\Ctients\12719 Kipp\12719.LMotMestc Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SONIA R. FLEGEAL-KIPP, IN THE COURT OF COMMOItid PLEAS OF Plaintiff CUMBERLAND COUNTY, PBNNSYLVANIA v. N0.2007-4869 CIVIL ACTION -LAW BRUCE G. KIPP, III, : Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Bruce G. Kipp, III, Defendant, moves the Court to appoint a Master with respect to the following claims: (x) Divorce () Annulment (x) Alimony () Alimony Pendente Lite (x) Distribution of Property ( )Support (x) Counsel Fees (x) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by his attorney, Wayne F. Shade, Esquire. 3. The statutory grounds for divorce are: 2 year separation 4. Delete the inapplicable paragraph(s): i. An agreement has been reached with respect to the following claims: None ii. The action is contested with respect to the following claims: All 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: None MARTSO LA FICES By Hubert X. Gilro , squire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March `~ 2009 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deazdorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion for Appointment of Master was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Cazlisle, PA 17013 MARTSON LAW OFFICES Y Tric . Eckenroad ast High Street Cazlisle, PA 17013 (717) 243-3341 Date: Mazch~, 2009 ~ C~ ; r,:. y* s...a ,~a t~'- r.~n _~ €~ aw •- ` ' ' M~r~ 0 6 Z0~~9~ ~~ SONIA R. FLEGEAL-KIPP, Plaintiff v. BRUCE G. KIl'P, III, Defendant IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA N0.2007-4869 CIVIL ACTION -LAW ORDER APPOINTING MASTER Atil~- AND NOW, this 1~'day of , 2009, ~. ,~~F~''~e~ , Esquire is/appointed Master with respect to the following claims: ~ .c~Eic.~i,~ ~.,c. ~N~ ~„l`~ BY THE RT: .. ~~ Gv~ Judge e Shade Es uire - attorne for Plaintiff cc: W~ yn q y /Hubert X. Gilroy, Esquire -attorney for Defendant ~ ~. S r~n~ ~t~tJv 3/~0/~ J ~ ~ ~ = w~3 - a ~..;.... Lr.. ~~ ~ F~\F1LES\CGrnu\12719 Kipp\12719.1.pditionrelet~dclavn Hubert X. Gilroy, Esquire LD. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant SONIA R. FLEGEAL-KIPP, Plaintiff v. BRUCE G. KIPP, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-4869 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S PETITION FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. ALIMONY. COUNSEL FEES. COSTS AND EXPENSES AND NOW, comes the Defendant, Bruce E. Kipp, III, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and avers as follows: 1. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. 2. Defendant is unable to sustain himself during the course of litigation. 3. Defendant lacks sufficient property to provide for his reasonable needs and is unable to sustain himself through appropriate employment. 4. Defendant requests the Court to enter an order of alimony in his favor pursuant to Sections 3701(a} and 3702 of the Divorce Code. 5. Defendant has employed Martson Law Offices to represent him in this matrimonial cause. 6. Defendant is unable to pay his counsel fees, costs and expenses and Plaintiff is more than able to pay them. 7. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 8. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant requests the Court to: a. equitably distributing all property owned by the parties hereto; b. enter an Order of Alimony in his favor; c. order payment of counsel fees and expenses as the Court deems just and reasonable; and d. for such further relief as the Court may determine equitable and just. MARTSON LAW OFFICES ~~ By Hubert X. Gilr y, Esquire 10 East High treet Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: March y 2009 . , CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deazdorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Cazlisle, PA 17013 MARTSON LAW OFFICES ~~ Y Tricia D. Eckenroad Ten East High Street Cazlisle, PA 17013 (717) 243-3341 Dated: Mazch ~ 2009 to ~ ~ O Q 4 -. ~ ~v ~ ~ ~ ; .v ~:'~~-.. to :: ~ ° y r .7 ~ ~! ~ •• .F/ ~ +'G T Q i ""G 6~,y~'~~ PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this~_ day of i ~~ti'~-,-x'009, at Carlisle, Cumberland County, Pennsylvania, by and between BRUCE G. KIPP, III of 554 Dickens Drive, Hummelstown, Pennsylvania 17036 (hereinafter referenced as "Husband") AND SONIA R. FLEGEAL of 112 Homers Road, Carlisle, Pennsylvania 17015 (hereinafter referenced as "Wife"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separately and apart since 3uly 18, 2007. 1.02 Intention to Live Apart. The parties intend to maintain separate and WAYNE F. SHADE gttotney at Law 53 West Pomfret Street Carlisle. Pennsylvania permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Equitable Distribution of Marital Property. The parties have attempted to WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania divide their marital property in accordance with the statutory rights of the parties and in a manner which conforms to the criteria set forth in §3501 of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income c-f each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division c-f existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2.02 Modification and Consideration. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein, shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Car4isle, Pennsylvania agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.a4 Representation by Independent Counsel. Each of the parties is WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania represented by independent counsel in the preparation and execution of this Agreement. Wife is represented by Wayne F. Shade, Esquire, and Husband is represented by Hubert X. Gilroy, Esquire, of Martson Law Offices. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. Concurrently with execution of this Agreement, Husband shall execute a special warranty deed to be prepared by counsel for Wife which will transfer to Wife all of his right, title and interest in and to the real estate premises known and numbered as 112 Homers Road, Carlisle, Cumberland County, Pennsylvania, with improvements thereon erected. The deed shall be held in escrow by counsel for Husband pending issuance of a full and final Decree in Divorce. Wife shall have exclusive possession of said real estate pending further agreement of the parties or Order of Court. 3.02 Equitable Division of Personal Property. (a) The furniture, household goods and other similar untitled, tangible personal WAYNE E'. SHADF: Attorney al Law 53 West Pomher Street Carlisle, Pennsylvania property have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement. (b) For the mutual promises and covenants contained in this Agreement, Husband and Wife hereby waive all rights, titles, claims or interests that they may have in the respective bank accounts of the other. Specifically, Wife releases all claims to the jointly- owned M & T savings account number 15004200127923. In all other respects, each party further waives against the other any duty of accounting for disposition of any jointly held funds. (c) With respect to the motor vehicles in which either of the parties has an interest, it is agreed that Wife hereby releases all claims with respect to the Nissan Frontier and the Buick LaSabre and Husband releases all claims with respect to the Toyota Highlander. (d) Wife will transfer the sum of Forty-Five Thousand and No/100 ($45,000,00) Dollars from her retirement funds to an individual retirement account to be designated by Husband. The transfer shall be by means of a Qualified Domestic Relations Order to be prepared by counsel for Wife or by way of any other documentation required by the plan administrator. (e) In all other respects, the parties will execute and deliver any documents WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania necessary to formally release their rights in or claims to the employee benefits, including without limitation, employee pension, stock, profit sharing and savings plans, if any, of the other. Specifically, Wife hereby releases all claims to Husband's Met Life annuity. Such release will expressly extend to all rights to pre-retirement death benefits and survivor benefits and include the unequivocal consent to the designation by the other of any alternate or further beneficiaries at anytime. The parties acknowledge that the effect of this release is that he or she will not be entitled to any benefits whatsoever from the aforesaid employee benefits of the other. (f) The parties will execute and deliver any documents necessary to formally release their rights and all claims to the life insurance of the other. ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Each of the parties shall be responsible for the credit accounts in their respective names. 4.02 Post-Separation Obligations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding joint obligations of the parties and that, since the separation, neither party has contracted for any debts for which the other will be responsible. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 4.03 Indemnification. Each party indemnifies and holds harmless the other for all obligations separately incurred and for all obligations assumed under the provisions of this Agreement. 4.04 Bankruptcy. The respective duties, covenants and obligations of each party WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania under this Agreement shall not be dischargeable by bankruptcy, regardless of federal or state law to the contrary. Each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable and expressly agrees to reaffirm any and all obligations contained herein. If any bankruptcy court should discharge a party of accrued obligations to the other, this Agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. The failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of cc-nditions precedent, shall not in any way void or alter the remaining obligations of either of the parties. ARTICLE V ALIMONY, ALIMONY PENDENTE LITE AND SPOUSAL SUPPORT 5.01 Qualified Waiver. Each of the parties waives alimony, alimony pendente lite and spousal support, generally. However, any obligations assumed by the parties under this Agreement as to which benefits flow to the other spouse shall be payable as alimony for the purposes of enforcement and so as to constitute an exception to discharge in bankruptcy but will not be deductible by the indemnitor or taxable to the indemnitee for income tax purposes. WAYNE F. SHADE Attorney at Law 53 West Pomhet Street Carlisle, Pennsylvania ARTICLE VI COUNSEL FEES 6.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within one hundred eighty (180) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 6.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the date of this Agreement, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the substantially prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the substantially prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. WAYNE F. SHADE Attorney al Law 53 West Pomfret Street Carlisle, Pennsylvania (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VII GENERAL PROVISIONS 7.01 Income Tax Consequences. The parties hereto acknowledge and agree that WAYNE F. SHADF. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania they have had the opportunity to retain their own tax advisors with regard to any income tax implications of this Agreement and that neither party has been given any tax advice by their legal counsel in the divorce proceedings. The parties have heretofore filed joint federal and state income tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 7.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 7.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. 7.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' WAYNE F. SHADE spouse under the present or future laws of any jurisdiction, as follows: Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania (a) to elect to take against the will or codicils of the other party now or hereafter enforced. (b) to share in the other party's estate in cases of intestacy. (c) to act as executor or administrator of the other party's estate. 7.0'5 After-acquired Property. As to all items of personal property, either tangible or intangible, and any real estate hereafter acquired without the use of marital funds, each of the parties shall hereafter own such property, independently of any claim or right of the other, with full power to dispose of the same as fully and effectively, in all respects and for all purposes, as though the parties had never been married. 7.06 No Debts and Indemnification. Each party represents and warrants to the WAYNE F. SHADE Attorney at Law i3 West Pomfret Street Carlisle, Pennsylvania other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether ar not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy but will not be deductible by the indemnitor or taxable to the indemnitee for income tax purposes. 7.07 Full Disclosure. Each party acknowledges that he and she is thoroughly WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania conversant with the size, degree and extent of the estate and income of the other. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property oi' whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures were in the form of formal and informal exchanges of information between the parties or counsel for the parties. These disclosures are part of the considerations made by each party for entering into this Agreement. The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement are expressly preserved. In the event that either party, at any time hereafter, should discover such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The party to whom the asset was not disclosed shall be entitled to seek, from the non-disclosing party, payment of reasonable counsel fees, costs or expenses incurred in seeking equitable distribution of said asset. Notwithstanding the foregoing, this Agreement shall in all other respects remain in full force and effect. 7.Q8 Right to Live Separately and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, WAYNE F. SHADE profession, business or other activity as he or she may deem advisable for his or her sole Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 7.09 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties. (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having had the opportunity to do so, having decided not to do so. (c) Has given careful and mature thought to the making of this Agreement. (d) Has carefully read each provision of this Agreement. (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 7.10 Compliance. The parties. will execute and deliver any documents necessary WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania to formally conclude any of their obligations under the terms of this Agreement to each other. Any failure of a party to execute and return to the other, within thirty (30) days of receipt, a document that is necessary to formally conclude any obligation under the terms of this Agreement shall be regarded as a material breach of this Agreement. 7.11 Default. If either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any provision of this Agreement or of the right to require strict performance of any other obligations under this Agreement. 7.12 Date of Agreement. The date of this Agreement shall be defined as the date upon which it is executed by both parties and acknowledged if it has been executed by both parties and acknowledged on the same date. Otherwise, the date of this Agreement shall be defined as the date when this Agreement has been fully executed and acknowledged. 7.13 Amendment or Modification. This Agreement may be amended or WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania modified only by a written instrument signed by both parties. 7.14 Severability. The parties hereto agree that the separate obligations contained in this Agreement shall be deemed to be independent. If any of the provisions of this Agreement shall be determined to be invalid, all other provisions of this Agreement shall remain in full force and effect. 7.15 Successors and Assigns. In the event of the death of either party prior to the issuance of a Decree in Divorce, this Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms of this Agreement between the estate of the decedent and the surviving spouse as though the Decree had issued prior to the death. Unless otherwise expressly provided herein, this Agreement will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties hereto. 7.1.6 Law Governing Agreement. This Agreement shall be governed by and WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties hereto may reside, be domiciled or own property in the future. Any disputes that may arise in connection with this Agreement shall be resolved in the Court of Common Pleas of Cumberland County, Pennsylvania. 7.17 Condition Subsequent. Divorce proceedings are pending between the parties hereto at No. 07-4869 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania. This Agreement is expressly contingent upon the parties' mutual consent within thirty (30) days from the date of this Agreement to such Divorce which consent would not be revoked prior to issuance of a full and final Decree in Divorce. In the event of failure or revocation of consent as required herein, this Agreement shall become null and void. 7.18 Reconciliation. Irrespective of the reference in the title of this Agreement to marital separation, this Agreement is intended to be a postnuptial agreement. In the event of reconciliation, attempted reconciliation or other cohabitation of the parties hereto of short or long duratic-n after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified. Any attempted reconciliation which does not result in a written agreement signed by both parties hereto expressly setting forth that this Agreement has been revoked or modified shall not establish any additional marital rights or obligations as a result of the attempted reconciliation. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania seals, intending to be legally bound hereby, the day and year first above written. Signed, Staled and Delivered / " F 1 (SEAL) Bruce .Kipp, III ~.D~/+ ,.~ ~-~`~" ~ (SEAL) Sonia R. Flegeal _ COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ~~~' ) -~, On this, the ¢~ day o 7 ~~ , 2009, before me, the undersigned officer, personally appeared BRUCE G. KIPP, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offic~. ~~ ~ ~G~~ Nota P ' c t':'~'1 r F'_ L ~ " ~~'~!'~~ISYLVAN9A P~t~r ,. r,4~,.. ~ ~ ~, i~tr.s4ary?ubiic t-. -1~., ~ ::i:n•,'t,f~~±=ttd County } xt ~ Fps. ,'urte 29, 2011 _... i ...e._~-._.r (~ ~ tip ~Jt.:i'~Ft'.: . WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree Carlisle, Pennsylvania COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the ~~ day of , 2009, before me, the undersigned officer, personally appeared SONIA R. FLEGEAL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~ r ~~7~ Notary Pu , is COMMONWEALTH OF PENNfYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary Public Carlisle Boro., Cunlberllarld County My Commission October 5, 2012 WAYNE F. SHADE :attorney at Law 51 West Pomfret Street Carlisle, Pennsylvania -~_ . .. ;4v ~... ~.;~ ~; ........ ! 7 •~ .. t... 7•. r SONIA R. FLEGEAL-KIPP, Plaintiff v. BRUCE G. KIPP, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-4869 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on August 16, 2007, and served on August 17, 2007, by acceptance of service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 -2- Y 9. 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: December 28, 2009 ~~.~~ Sonia R. Flegeal WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 -3- t~ ~ ~~ ~ _ ; ~ ~~f ~v~~ ~~~ L~ i=~ ~ ~ ~ ~ i _._ ;'aa ~~„ SONIA R. FLEGEAL-KIPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW v. NO. 07-4869 CIVIL TERM BRUCE G. KIPP, III, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ~ j,~ ~,~r~~ 1. A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on August 16, 2007, and served on August 17, 2007, by acceptance of service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. 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: f ~ ,~ ~-~(;d Bruce G. Kipp, II ,` COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS `~- Onthis, the ~ day of December, 2009, before me, the undersigned officer, personally appeared BRUCE G. KIPP, III, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHERI?OF, I hereunto set my hand and official seal. 1 :~~~r~~~~i~~~Ff~.t. _~ ~~~ ~~r~r~sYt_v;~~~t~ ~ ~~ ~ ~'~-- (Seal) ~ ~~~ ~Jc~i~ari,y' :yea! Notary ub c Margaret Ftrui '*!~;~:ri, ~Jotary Public Cariis;e i3erc,. ~ Errku>~ri~nd County i My Can~~~ri~,~,irx~ ~~~'x~ires Ju!?P 29, 2011 ~nber, P~r;r~si~aria Association of Noi~ri:`:-. ,~ r x=; ,y :i 1 '.. t t ~7 +~ ~' s ~. ~ SONIA R. FLEGEAL-KIPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 07-4869 CIVIL TERM BRUCE G. KIPP, III, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this ~-~- day of December, 2009, the economic claims raised in the proceedings having been resolved in accordance with a Property Settlement and Separation Agreement dated December 28, 2009, 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. ~ Wayne F. Shade, Esquire Attorney for Plaintiff ~bert X. Gilroy, Esquire Martson Law Offices Attorneys for Defendant t Es rr~.~. ~ ~~~.R1~ ~i~~._ ~- ~ _ ~ ;:: SONIA R. FLEGE;AL-KIPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 07-4869 CIVIL TERM BRUCE G. KIPP, III, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. The date and manner of service of the Complaint were August 16, 2007, by acceptance of service. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under §3301(c) of the Divorce Code by Plaintiff was December 28, 2009, and by Defendant was December 28, 2009. 4. Related claims pending: None. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Date: December 29, 2009 Wayne .Shade Attorney for Plaintiff ~~1 ~...i+.r~'.r: 2~C ~~~7.~ ~t'~ ~ i ~ ~;: v ~. s _.;.... a _ ,; , . ~',',' SONIA R. FLEGEAL-KIPP IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BRUCE G. KIPP, III NO 07-4869 CIVIL TERM DIVORCE DECREE AND NOW, ~ ~, ;~~_, it is ordered and decreed that SONIA R. FLEGEAL-KIPP plaintiff, and BRUCE G. KIPP, III ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") U~~---- The court retains jurisdiction to enforce the terms of the Property Settlement and Separation Agreement dated December 28, 2009, which resolves all of the claims raised by the parties herein and a copy of which is attached hereto and incorporated, but not merged herein, by reference as though fully set forth. p By the Attest: ~ ,- I J. ~~ otary t