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HomeMy WebLinkAbout07-5582 HAROLD S. IRNIN, III, ESWIRE ATTORNEY ID NO. 20M M SOIJTN PITT STREET CARLISLE PA 17013 (717) 24340" ATTORNEY FOR PLAINTIFF DAVID W. CUPP, : IN THE COURT OF COMM001 PLDA8 OF PlalntM : CUMI IRLAND COUNTY, IDENN11YLVANIA V2 : CIVIL ACTION - LAW NO. 2007 - 5 S S 7- CIVIL TERM DENM RENAE CUPP, on Dehndent : IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the 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 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 717-249-3166 DAVID W. CUPP IN THE COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY, PENNSYLVANIA,,,,, cl o J; C- O DENISE RENAE CUPP CIVIL DIVISION ; Fri NO. 2007-5582 CIVIL TERM • 10 PRAECIPE TO TRANSMIT RECORD z,`Y°• To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 2201 (c) 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Filed on September 21, 2007 by PlaintiffRRespondent David W. Cupp. 3. Complete either paragraph (a) or (b), a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: By plaintiff David W. Cupp, January 19, 2010 11:10 AM: By defendant Denise Renae Cupp, January 19, 2010 11:1 OAM. 4. Related claims pending; 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: January 25, 2010. Attorney for Plaintiff Defendant DAVID W. CUPPv 'InIE W : IN THE COURT OF COMON PLE" OF CUIMSE MAND COUNTY# YLVANIA DENISE RENAE CUFP, Defendant : CIVIL ACTION - LAW : NO. 2007 - S 5- % 2-.- CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is DAVID W. CUPP, an adult individual residing at 52 Eton Court, Chambersburg, Franklin County, Pennsylvania 17202. 2. The defendant is DENISE RENAE CUPP, an adult individual residing at 248 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on May 25, 2002, in Harrisburg, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penWWt of 18 Pa. C. S. Section 4904 relating to unswom falsification to September 21, 2007 ID W. CUPP, HAROLD S. IRWI , 111 Attorney for PlaintW- 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 DAVID W. CUPP, Plalnim v. DENISE RENAE CUPP, DNaedant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYp PENNSYLVANIA CIVIL ACTION - LANE .NO. 2W7 - S'ti'pz -CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to tie pegaWak . C.S. Section 4904 relating to unswom falsification to authorities. September 21, 2007 .-CUPP, Plaintiff ' r.a M PV CAN W co it HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 24346090 ATTORNEY FOR PLAINTIFF DAVID W. CUPP9 : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 2007 - 5582 CIVIL TERM DENISE RENAE CUPP, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on October 5, 2007, addressed to the defendant at 248 Garfield Street, Shippensburg, Pennsylvania 17257, Certified Mail No. 7003 2260 0000 8703 5414. 3. A copy of the sender's and signed receipt are attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. A October 9, 2007 Harold S. Irwin, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 A ? <miia:1¦iiillil4¦>0 N (Domestic Mail Only; LEEM m Im t~ CO ! ??gqPto'?sst7tage $ CerTfi'iedlFee 2 ` 0 Postmark O Return Reciept Fee Here O (Endorsement Required) p Restricted Delivery Fee ..0 (Endorsement Required) r1i fU Total Postage & Fees $ M Sent To C3 ------- -------------° W'f .Apt. No.; -- or PO Box No. ?t ------ City, to ZIP+4 PS Form --- --- - - :rr June 2002 See Reverse for Instructions ¦ 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. 1. Article Addressed to: DENISE RENAE CUPP 248 GARFIELD ST SHIPPENSBURG PA 17257 A. ?)atu XReceived by ( D. Is delivery address dff If YES, enter delivery 11 SQ Agent 3 ce Type I ? Express Mail Registered ? Return Receipt for Merohandise ? Insured Mail ? C.O.D. 4. ,BasWctad-Delivery? (EkAM FWL 2. Article Number 7003 2260 0000 8703 5414 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT "A° r-." p Q 1 1L "b ut C7 DAVID W. CUPP, Plaintiff/Respondent V. DENISE RENAE CUPP, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5582 IN DIVORCE PETITION FOR SPECIAL RELIEF PURSUANT TO PENNSYLVANIA RULES OF CIVIL PROCEDURE & 1920.43 AND NOW comes Petitioner, Denise Renae Cupp, by and through her attorneys, the Neuharth Law Offices, and petitions the Court as follows: 1. Petitioner currently resides at 52 Eton Court, Chambersburg, Franklin County, Pennsylvania 17201. 2. Petitioner currently resides at 248 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Petitioner and Respondent married on May 25, 2002 in Harrisburg, Dauphin County, Pennsylvania. 4. Respondent filed for divorce on September 21, 2007. 5. Petitioner and Respondent have lived separate and apart since July 10, 2007. 6. Petitioner believes Respondent is attempting to take out a second mortgage on the parties' house or otherwise refinance the house without Petitioner's knowledge or consent. The house is marital property; the parties purchased the house on or about February 2004, but the house was purchased in Respondent's name alone. Petitioner may suffer from significant and irreparable financial harm. 7. Since the parties' separation, Petitioner has resided in the marital home. On or about October 2, 2007, Petitioner answered a telephone call to the house from a mortgage company representative. The representative indicated the mortgage company was working with Respondent to provide an undisclosed financial service. This telephone conversation, along with Respondent's comments directly to Petitioner regarding taking out a second mortgage or refinancing the house, led Petitioner to seek the relief requested herein. 8. Petitioner believes Respondent will act with specific disregard to Petitioner's interest in the marital home and such action will likely reduce or destroy Petitioner's interest in her property, in the future. 10. Respondent will suffer no undue harm if the present request is granted because the parties can pursue equitable distribution if no agreement over the property can be reached. WHEREFORE, Petitioner requests this Honorable Court grant a preliminary injunction which shall enjoin the parties from conveying, disposing, dissipating, encumbering, or otherwise acting with regard to marital property or each other's nonmarital personal property in a way that will destroy or lessen the other party's respective rights to personal property or would destroy or lessen each party's respective rights in equitable distribution of the marital property therein. Respectfully submitted, 10 ,t 40 7 Dad Paul M. Ferguson 1011-1, Supreme Court No.: 203293 Attorney for Defendant/Petitioner Denise Renae Cupp Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. I o- ?Lf-oI Date Denise Renae Cupp c C-n DAVID W. CUIPP, DENIS: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 6. The listed in entirety. NEW MATTER COUNT II - EQUITABLE DISTRIBUTION 1-6. to paragraphs 1 through 6 hereof are incorporated herein as fully as though 7. Plaintiff and Defendant have acquired both property and debts during the course of the marriage, which are marital property or debts. 8. Plaintiff d Defendant have acquired prior to marriage, or subsequent thereto, non- marital property which has increased in value since the date of the marriage and/or subsequent to its acquisition di?ring the marriage, which increase in value is marital property. WHERE ORE, Plaintiff requests this Honorable Court equitably divide all marital property, both re 1 and personal, and debts of the parties. COUNT III - ALIMONY 1-9. The answ rs to paragraphs 1 through 7 hereof are incorporated herein as fully as though listed in entirety. 9. Defendan is without sufficient means to reasonably provide for her needs, and is unable to adequately sup ort herself. 10. Defend t will not be able to support and maintain herself in the manner that she maintained her if during the course of the marriage without continued financial assistance from Plaintiff. WHE FORE, pursuant to Section 3701, et seq., of the Divorce Code, "Alimony," Defendant resp tfully requests this Honorable Court order Plaintiff to file, within 30 days of service on Plain iff of this Answer and New Matter, a complete income and expense statement and require the heduling of a hearing to determine Defendant's entitlement to alimony, and if so, the amount. S 1-10. The answers to paragraphs 1 through 10 hereof are incorporated herein as fully as though listed in entirety. 11. The resol tion of the issues raised by this Complaint will require Defendant to incur considerable addiltional expenses and costs. 12. Defendant is without sufficient means to adequately support herself and meet the costs of this litigation and iunable to maintain herself during the pendency of this action. Plaintiff is $56,000.00 per ye 13. currently employed at Susquehanna Bancshares, Inc. and earns approximately 14. Defend t is currently unemployed and receiving disability benefits. Said benefits total approximately 1,588.00 per month for Defendant and $193.00 per month for the parties' son. WHE FORE, pursuant to Section 3702, et. seq., of the Divorce Code, "Alimony Pendente Lite, ounsel Fees and Expenses," Defendant respectfully requests this Honorable Court order Plai tiff to file, within 30 days of service on Plaintiff of this Answer and New Matter, a determine so, the amount. e income and expense statement, and require the scheduling of a hearing to [ant's entitlement to Alimony Pendente Lite, counsel fees and expenses, and if Respectfully submitted, oo&?? 10 Paul M. Ferguson Supreme Court No.: 203293 Attorney for Defendant Denise Renae Cupp Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. /d -1--l o-7 Date o? Denise Renae Cu p V ?_ h 1a V C `y ??_A``d {• ? r-? J ? ? ? ? ' ?- :. t'l' ? r. a??? ?? , ? ?j"i st .:',:?? ?' ?? (?? ??? ? i ., ? .,. ` ? ? ?? 4 ? .? v DAVID W. CUPP, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DENISE RENAE CUPP, : Defendant NO. 07-5582 CIVIL TERM ORDER OF COURT AND NOW, this 1P day of November, 2007, upon consideration of Defendant's Petition for Special Relief Pursuant to Pennsylvania Rule[s] of Civil Procedure [ ] 1920.43, it is ordered and directed as follows: I. A hearing on the petition is scheduled for Wednesday, January 9, 2008, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; and 2. Pending the hearing and further order of court neither party shall convey, dispose of, dissipate, encumber, transfer or otherwise diminish the value of any marital property. BY THE COURT, J jf-a'rold S. Irwin, III, Esq. 64 South Pitt Street Carlisle, PA 17013 Attorney for Plaintiff Paul M. Ferguson, Esq. N harth Law Offices *0.. Box 359 232 Lincoln Way East Chambersburg, PA 17201 Attorney for Defendant :rc i ?j w i3 --e 2 4, _, J bINVAlA,3r&4N3d r :8 9 AON OOZ S ?" ?1??VlJP'? f L c+?d 1 !er {? ?0 DAVID W. CUPP, PlaintifflRespondent V. DENISE RENAE CUPP, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5582 CIVIL TERM IN DIVORCE MOTION TO CONTINUE HEARING ON DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW comes Defendant/Petitioner, Denise Renae Cupp, by and through her attorneys, Neuharth Law Offices, who moves the Court as follows: 1. On October 26, 2007, Defendant filed a Petition for Special Relief in the above-captioned matter. 2. On November 13, 2007, the Honorable J. Wesley Oler, Jr. entered an Order of Court scheduling a hearing on the special relief petition for Wednesday, January 9, 2008 at 9:30 a.m. The Order of Court also prohibited either party from conveying, disposing of, dissipating, encumbering, transferring, or otherwise diminishing the value of any marital property pending hearing and further order of court. 3. Defendant's counsel, the undersigned, has a scheduling conflict and is unable to attend the hearing at the date and time scheduled. 4. Defendant seeks to continue the hearing to the next available date and time so Defendant's counsel can attend the hearing. 5. Plaintiffs counsel, Harold S. Irwin, III, Esquire, has been notified regarding the relief requested herein, and he does not oppose the same. WHEREFORE, for the foregoing reasons, Defendant respectfully requests this Honorable Court continue the hearing on Defendant's Petition for Special Relief, scheduled for Wednesday, January 9, 2008 at 9:30 a.m., until the next available date and time. Respectfully submitted, Dat Paul A Ferguson Supreme Court No.: 203293 Attorney for Defendant/Petitioner Denise Renae Cupp Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. /?- /y oIr-2 Date Paul A Ferguson 100, DAVID W. CUPP, Plaintiff/Respondent v. DENISE RENAE CUPP, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5582 CIVIL TERM IN DIVORCE CERTIFICATION OF SERVICE I, Paul M. Ferguson, Esquire hereby certify that I am on this day serving a true and correct copy of the attached Motion to Continue Hearing on Defendant's Petition for Special Relief to the following individual by First Class U.S. mail, postage prepaid addressed as follows: Harold S. Irwin, III, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Respectfully submitted, /)-//7/07 Dat Paul M. Ferguson Supreme Court No.: 203293 Attorney for Defendant/Petitioner Denise Renae Cupp Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 C? ?..,, '?, c;_ . ? ca OECY B 2007 DAVID W. CUPP, Plaintiff/Respondent ) V. ) DENISE RENAE CUPP, ) Defendant/Petitioner ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5582 CIVIL TERM IN DIVORCE ORDER OF COURT NOW, this kq day of _j>GL , 2007 upon consideration of the within Motion to Continue Hearing on Defendant's Petition for Special Relief, IT IS HEREBY ORDERED that the hearing on the special relief petition scheduled for Wednesday, January 9, 2008 at 9:30 a.m., in the above-captioned action, is continued to -2(? , 2008 at 30 o'clock _.M., in courtroom , of the 7 Cumberland County Court House, Carlisle, Pennsylvania. By the Court, NE a N q ---,... Q 25 23 r '""?- Y DAVID W. CUPP, Plaintiff/Respondent V. DENISE RENAE CUPP, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5582 CIVIL TERM IN DIVORCE MOTION TO CONTINUE HEARING ON DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW comes Defendant/Petitioner, Denise Renae Cupp, by and through her attorneys, Neuharth Law Offices, who moves the Court as follows: 1. On October 26, 2007, Defendant filed a Petition for Special Relief in the above-captioned matter. 2. On November 13, 2007, the Honorable J. Wesley Oler, Jr. entered an Order of Court scheduling a hearing on the special relief petition for Wednesday, January 9, 2008 at 9:30 a.m. The Order of Court also prohibited either party from conveying, disposing of, dissipating, encumbering, transferring, or otherwise diminishing the value of any marital property pending hearing and further order of court. 3. On December 17, 2007, Defendant's counsel, the undersigned, filed a Motion to Continue Hearing on Defendant's Petition for Special Relief due to a scheduling conflict. 4. On December 19, 2007, the Honorable J. Wesley Oler, Jr. entered an Order of Court continuing the hearing on the special relief petition to Thursday, February 28, 2008 at 1:30 p.m. 5. On December 21, 2007, Plaintiff's counsel, Harold S. Irwin, III, Esquire, informed Defendant's counsel that Plaintiff agreed to the injunction requested by Defendant in her special relief petition. Plaintiffs counsel also asked Defendant's counsel to take the appropriate action and confirm that the hearing on the special relief petition is cancelled. 6. The parties agree to the injunction requested by Defendant in her special relief petition and as ordered by the Court, on November 13, 2007, pending hearing and further order of court; the parties further agree that no hearing on Defendant's special relief petition is necessary at this time. 7. As a result of the parties agreeing to the injunction, Defendant seeks to continue the hearing generally. 8. Plaintiffs counsel, Harold S. Irwin, III, Esquire, has been notified regarding the relief requested herein, and he does not oppose the same. WHEREFORE, for the foregoing reasons, Defendant respectfully requests this Honorable Court continue generally the hearing on Defendant's Petition for Special Relief, scheduled for Thursday, February 28, 2008 at 1:30 p.m. Respectfully submitted, D e Paul M. Ferguson Supreme Court No.: 203293 Attorney for Defendant/Petitioner Denise Renae Cupp Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. /d- d o Date( Paul A Ferguson ? ' ° O cam -n F I , f t (77 1 DEC 81 ? DAVID W. CUPP, Plaintiff/Respondent V. DENISE RENAE CUPP, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5582 CIVIL TERM IN DIVORCE ORDER OF COURT NOW, this 3 r A day of j 2 r, , 2008 upon consideration of the within Motion to Continue Hearing on Defendant's Petition for Special Relief, IT IS HEREBY ORDERED that the hearing on the special relief petition scheduled for Thursday, February 28, 2008 at 1:30 p.m., in the above-captioned action, is continued generally and may be rescheduled by either party. By the Court, W=::? ?tv n VIN V°; IAS `,N]d 6£ :al WV C- Nnf OOOZ Ind!. QNu"-'l H-()ad -3HI ?O 301 ??0- 0911) HAROLD S. IRWIN, 111, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17018 (717) 243-6090 ATTORNEY FOR PLAINTIFF DAVID W. CUPP, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 5582 CIVIL TERM DENISE RENAE CUPP, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER David W. Cpp, plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) (2) (3) (4) (5) (6) (7) Discovery is complete as to the claim(s) for which the appointment of the master is requested. Defendant's attorney of record in this divorce action is Paul M Ferguson, Esquire. The statutory grounds for divorce as stated by plaintiff are Section 3301 (c) and 3301 (a.6.c.) Delete the inapplicable paragraph(s): (a) The action is contested. (b) An agreement has been reached with respect to the above claims for: NONE (c) The action is contested with respect to the following claim(s): AS INDICATED BOVE The action does not involve complex issues of law or fact. The hearing is expected to take one-half day. Additional information, if any, relevant to the motion: NONE. / November 11, 2008 HAROLD S. IRWI Attorney for Plait ORDER APPOINTING MASTER NOW, this day of , 2008, to the following claims: is appointed master with respect By the Court, J. r^? e'-.a "?l ?: ? ? " t? ?, . Cx7 , ?;?'_? _? _ :. ? r-s `--- ?. -t HAROLD S. IRWIN, 111, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF DAVID W. CUPP, V. Plaintiff 140V 19 2008 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 5582 CIVIL TERM DENISE RENAE CUPP, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER David W. Cpp, plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( j Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) (2) (3) (4) (5) (6) (7) Discovery is complete as to the claim(s) for which the appointment of the master is requested. Defendant's attorney of record in this divorce action is Paul M Ferguson, Esquire. The statutory grounds for divorce as stated by plaintiff are Section 3301(c) and 3301 (a.6.c.) Delete the inapplicable paragraph(s): (a) The action is contested. (b) An agreement has been reached with respect to the above claims for: NONE (c) The action is contested with respect to the following claim(s): AS INDICATED BOVE The action does not involve complex issues of taw or fact. The hearing is expected to take one-half day. Additional information, if any, relevant to the motion: NONE / November 11, 2008 HAROLD S. IRWI Attorney for Plah 11JJ ORDER APPOINTING MASTER NOW, this 4664-day of , 2008, co'. 4&"t AwhOis a ted master with respect to the following claims: By the , c C?J DAVID W. CUPP, Plaintiff V. DENISE RENAE CUPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5582 IN DIVORCE MOTION TO WITHDRAW APPEARANCE ON BEHALF OF DEFENDANT NOW COMES Movant, Paul M. Ferguson, of the Neuharth Law Offices, who respectfully moves this Court to withdraw his appearance on behalf of Defendant, Denise Renae Cupp, in the above-captioned action. In support of his motion, Movant makes the following averments: 1. On or about October 24, 2008, Defendant, Denise Renae Cupp, whose last known address is 209 Pike Court, Shippensburg, Cumberland County, Pennsylvania, 17257, retained Movant for representation in the above-captioned matter. 2. Movant provided extensive services to Defendant. 3. Currently, Defendant has an outstanding balance due to Movant's office. 4. Due to financial hardship, Defendant consented to Movant discontinuing representation of Defendant in the above-captioned action. 5. On December 9, 2008, Defendant signed a Praecipe to Withdraw Appearance which is attached as Exhibit A. 6. Movant seeks to accommodate Defendant and withdraw his appearance on behalf of Defendant. 7. Counsel for Plaintiff, Harold S. Irwin, III, Esquire, has been contacted and does not oppose the relief requested herein. Defendant does not oppose the relief requested herein. WHEREFORE, Movant, Paul M. Ferguson, respectfully moves this Honorable Court to withdraw his appearance on behalf of Defendant, Denise Renae Cupp, in the above-captioned action. Respectfully submitted, NEUHARTH LAW OFFICES Paul M. Ferguson Supreme Ct. ID #: 203293 Attorney for Defendant P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date Paul M. Ferguson EXSIBIT A DAVID W. CUPP, Plaintiff V. DENISE RENAE CUPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5582 IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Paul M. Ferguson, Esquire, on behalf of Defendant, Denise Renae Cupp, in the above-captioned case. Please serve all future correspondence directly on Defendant. r2-9-o8 Date Denise Renae Cupp 209 Pike Court Shippensburg, PA 17257 DAVID W. CUPP, Plaintiff ) V. ) DENISE RENAE CUPP, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5582 CIVIL TERM IN DIVORCE CERTIFICATION OF SERVICE I, Paul M. Ferguson, Esquire hereby certify that I am on this day serving a true and correct copy of the attached Motion to Withdraw Appearance on Behalf of Defendant to the following individuals by First Class U.S. mail, postage prepaid addressed as follows: Denise Renae Cupp 209 Pike Court Shippensburg, PA 17257 Harold S. Irwin III, Esquire (Attorney for Plaintiff) Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 Respectfully submitted, %d 40/0 g Date NEUHARTH LAW OFFICES Paul M. Ferguson Supreme Court No.: 203293 Attorney for Defendant P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 C rl co 0 ?C 3 ? two DAVID W. CUPP, Plaintiff V. DENISE RENAE CUPP, Defendant DEC 2 2 2008 . ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07 - 5582 IN DIVORCE ORDER OF COURT AND NOW, this day of , 200'?, upon consideration of the within Motion of Paul M. Ferguson of the Neuharth Law Offices, IT IS HEREBY ORDERED that the appearance of Paul M. Ferguson, counsel for Defendant in the above-captioned action, is withdrawn. Until such time as other counsel enters an appearance on behalf of Defendant, all future documents pertaining to this matter shall be served directly upon Defendant at the following address: Denise Renae Cupp 209 Pike Court Shippensburg, PA 17257 t Q t=a <v fj ra DAVID W. CUPP, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DENISE RENAE CUPP Defendant AFFIDAVIT OF CONSENT CIVIL ACTION - LAW NO. 2007-5582 CIVIL TERM IN DIVORCE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on September 21, 2007 {tl _ SIT, ?. Jr; '-> C=) ' 1 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: 1/19/2010 David W. Cupp Plaintiff (c) The waiver permitted by Rule 1920.42(e) shall be in substantially the following form: DAVID W. CUPP, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DENISE RENAE CUPP Defendant Waiver of Notice of Intention to Request Entry of a Divorce Decree under § 3301(c) and § 3301(d) of the Divorce Code CIVIL ACTION - LAW NO. 2007-5582 CIVIL TERM IN DIVORCE C? rT- -< krl 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: January 19, 2010 David W. Cupp Plaintiff (d) The affidavit required by § 3301(d) of the Divorce Code and Rule 1920.42(a)(2) shall be substantially in the following form: DAVID W. CUPP, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DENISE RENAE CUPP Defendant AFFIDAVIT OF CONSENT CIVIL ACTION - LAW NO. 2007-5582 CIVIL TERM IN DIVORCE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on September 21, 2007 0 ' s rr CD 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 unworn falsification to authorities. D e:l/19/2010 Denise R Cupp Defendant ?A 0-9-v (c) The waiver permitted by Rule 1920.42(e) shall be in substantially the following form: DAVID W. CUPP, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DENISE RENAE CUPP Defendant Waiver of Notice of Intention to Request Entry of a Divorce Decree under § 3301(c) and § 3301(d) of the Divorce Code CIVIL ACTION - LAW NO. 2007-5582 CIVIL TERM n IN DIVORCE w C)r" 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: January 19, 2010 a",14 l-. C4?? Denise R. Cupp Defendant (d) The affidavit required by § 3301(d) of the Divorce Code and Rule 1920.42(a)(2) shall be substantially in the following form: Agreement For Marital Retribution 1. On this 19th day of January, 2010, David W. Cupp, has agreed to pay Denise R. Cupp $3,500.00, for equitable distribution of said property located at 248 East Garfield Street, Shippensburg, Pennsylvania. 2. David W. Cupp has requested to make monthly installments to Denise R. Cupp in the amount of $200.00 over the course of the next 17 months. The monthly due date will be the 15th of each month, if David W. Cupp is 15 days late making his payment he will be charged a late fee of $25.00. In the event that David W. Cupp is 60 days late making a payment of past due amount, Denise R. Cupp will place a lien against the property located at 248 East Garfield Street, Shippensburg, Pennsylvania. Payments will begin February 15th 2010, and final payment will be made on July 15th 2011. 3. If David W. Cupp should decide to sell or rent the property located at 248 East Garfield Street, he is hereby required to pay Denise R. Cupp the owed amount in full. 4. In the event of David W. Cupp's passing, Denise R. Cupp is to receive the balance due when final proceeds are settled. If balance due is not paid in full immediately, Denise R. Cupp will place a lien against the property located at 248 East Garfield Street, Shippensburg, Pennsylvania. I David W. Cupp understand and agree by signing this agreement, I am legally bound to honor all said stipulations. In the event I do not honor my financial obligation to Denise R. Cupp, a lien will be placed on the property located at 248 East Garfield Street,n. Q Shippensburg, Pennsylvania. Any and all costs incurred by Denise R. Cupp duets placing a lien against said property I will be held accountable for all expenses.'-'.' _ 77 Date rT{ Defendant Signature a 'd W. Cupp L Plaintiff Signature Denise R. Cupp man ) 9 , a O C> , nv b,,b Date I" i9- I 0 QQMMOWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH WARREN, Notary Public Shippensburg Twp., Cumberland Courriy My Commission Expires Nov 8, 2013 DAVID W. CUPP, Plaintiff VS. DENISE RENAE CUPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5582 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of 2010, the economic claims raised in the proceedings having been resolved in accordance with an agreement dated January 19, 2010, the appointment of the Master is vacated and the parties can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ?David W. Cupp Plaintiff (Pro Se) 'Denise Renae Cupp Defendant (Pro Se) C61Z er M-2 E Lc?t 1/24`16 l YYj rv 'C .1 z' . M n David W. Cupp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Denise Renae Cupp : NO. 2007-5582 DIVORCE DECREE AND NOW, L L , 2-9 , 2 n i r, , it is ordered and decreed that David W. Cupp plaintiff, and Denise Renae Cupp , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente life 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.") None By the Court, ems- e"- oja? 2 -14