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HomeMy WebLinkAbout03-6214F'.\FILES\DATAFILE\Geneiai\D cum ntstl 1039_1dcoMjlb Cmated: 11/18103 1006A M Revwd'. 11/26/03 207PM KIMBERLY R. BECKERLEG, Plaintiff V. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- (a-2-114 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 KIMBERLY R. BECKERLEG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03- r°x CIVIL ACTION - LAW JAMES J. BECKERLEG, Defendant IN DIVORCE COMPLAINT 1. Plaintiff is Kimberly Beckerleg, who currently resides at 22 North Orange Street, Carlisle, Pennsylvania 17013. 2. Defendant is James J. Beckerleg, who currently resides at 21 Winchester Gardens, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 8,1991 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. MARTSON DEARDORFF WILLIAMS & OTTO By ;k-,- / Mr's Steven J. hanahan, Esquire Attorney ID No. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: November 26, 2003 VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. Kimberly Beckerleg W 7C .r ^F 3 s ray 1 p _V a ?1 C ? w G? a F:TF ES\DATARLE\Gener lWD uments\11039-1wAadycom I/We Created: 012&02 09.29:24 AM Revised: 112&03 00.5105 AM 10505.1 KIMBERLY R. BECKERLEG, Plaintiff V. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- te' A '4 CIVIL ACTION - LAW IN CUSTODY COMPLAINT 1. Plaintiff is Kimberly Beckerleg, who currently resides at 22 North Orange Street, Carlisle, Pennsylvania 17013. 2. Defendant is James J. Beckerleg, who currently resides at 21 Winchester Gardens, Carlisle, Pennsylvania 17013. 3. Plaintiff seeks custody of Samantha M. Beckerleg, born March 31, 1993, and Tabitha F. Beckerleg, born November 16, 1994. The children were not born out of wedlock. The past five years the children have resided with Plaintiff and Defendant at the marital residence. The marital residence is located at 115 Amy Drive, Carlisle, Pennsylvania 17013. As of November 24, 2003 the children are in the custody of Plaintiff at 22 North Orange Street, Carlisle, Pennsylvania 17013. 4. The relationship of Plaintiff to the children is that of mother. She is married and living separately. The Plaintiff currently resides with the following: Name Relationship Samantha M. Beckerleg Daughter Tabitha F. Beckerleg Daughter 5. The relationship of the Defendant to the children is that of father. He is married and is living separately. To the best of Plaintiff's knowledge, Defendant currently resides individually. 6. Plaintiff has not participated in previous litigation concerning the custody of the children in this court or any court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting custody to the Plaintiff because she is best able to provide a stable and nurturing environment for her daughters. Furthermore, Defendant's work schedule is not conducive to providing a stable and nurturing environment for the children. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody, Plaintiff, have been named as parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to set a time and place for a hearing at which Plaintiff requests the Court to grant her the Custody Order. MARTSON DEARDORFF WILLIAMS & OTTO By za?an, Stven J. S Esquire Attorney ID No. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: November 26, 2003 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Kim r R. Se kerleg? ?? W I N 5 W P:\F[L5S\DAiAFILE\Gmeral\Docummcs\I 1039-Laos js Crc.l 19903 8.08AId ReAse 193103 945" 11039 KIMBERLY R. BECKERLEG, Plaintiff V. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6214 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE OF COMPLAINT IN CUSTODY COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND SS. I hereby certify that a copy of the Complaint in Custody was mailed to Defendant James J. Beckerleg at 21 Winchester Gardens, Carlisle, PA 17013 on November 26, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "James J. Beckerleg" and dated November 28, 2003. Sworn to and subscribed before ?e this December 3, 2003. Notary Public OiAI A! 2E? 0 NOT O. CUMB S ERLANDCOU U EXPIRE DEC. 2 20 6 0 6 MARTSO N DEARDORFF WILLIAMS & OTTO BY-? AI squired Steven J. Sh ahan, Esquire Attorney ID No. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Postal m CERTIFIE D MAIL RECEIP m (Domestic ,, InSU ., T rance Coverage Provided) r1 N I 1D S E rl U a Postage $ 10.3] LF F>? O Ce rllged Fea • ' ` ° Rehm Reciepl Fee iMOMMOM Requlmd) !I'75 .` ?. r erk 33 ° C3 eatdcted Delivery Fee (Endorsement Requtred) ? ° r-1 TOe Postage & Fees s 17.92 k e M ° T P5 /rsje CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. James J. Beckerleg 21 Winchester Gardens Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By?1?h -? , Steven J. S ahan Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 3, 2003 ?? ` _ ?? ?. ?? ?'`; F.\FILES\ ATAFILE\Gmeraj\ cumin \11039-Laos I/,p CIMm : 12/2/03 8.08AM Revised. 12/3/03 9:37AM 11039 KIMBERLY R. BECKERLEG, Plaintiff V. JAMES J. BECKERLEG, Defendant COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6214 CIVIL ACTION - LAW SS. I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant James J. Beckerleg at 21 Winchester Gardens, Carlisle, PA 17013 on November 26, 2003, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed "James J. Beckerleg" and dated November 28, 2003. MARTSON DEARDORFF WILLIAMS & OTTO By Steven J. S ahan, Esquire Attorney ID No. 90917 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this December 3, 2003. Notary Public NI Nry006 RiME m . , m ., M ti P71 ra Po'ta¢e S 10.37 Ci ?(! C3 r CerUr-d Fee ; 13 /??r •?+ , 0 A O Ratum Redept Fea $1? (EmloraemeM ReVUired) C3 O Resitlcteo De livery Fea $3•x.10 (tnGOrsemeM Requlretl) WWW/// ere G ra $ $7.92 Total Foetaee 8 Fees sp 1 m 0 tre T,e /? X39 9 Pq CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Affidavit was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. James J. Beckerleg 21 Winchester Gardens Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By Steven J. S anahan Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 3, 2003 W `4 m n RR o :f L. ? J KIMBERLY R. BECKERLEG IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY. PENNSYLVANIA V. JAMES J. BECKERLEG DEFENDANT • 03-6214 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, December 09, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, January, 02, 2004 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 ??? bltVb?l/,SNNa? u?rn? ?? ?? +d ilt JClg?? d?1b'C ?,r? .. _ ;, ?%?.._ . . KIMBERLY R. BECKERLEG, Plaintiff VS. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6214 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date: 1(2_1 (041 Steven J. Shanahan, Esquire 10 East High Street Carlisle, PA 17013 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Date: ? G b Respectfully submitted, rquire 4FFIE 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 -o ?rl 3 y N C IECEIVEL JAN 21 2004 M DW(- KIMBERLY R. BECKERLEG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-6214 CIVIL CIVIL ACTION - LAW JAMES J. BECKERLEG, Defendant IN RE: CUSTODY ORDER AND NOW, this /2 day of April, 2004, at the request of counsel, hearing in the above matter set for April 8, 2004, is continued to Wednesday,'Vlay, 19, 2004, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Bradley Griffie, Esquire For the Plaintiff Carol J. Lindsay, Esquire For the Defendant :rlm l? I ?4.?',i, J?? 1 ? ??.? ,;; ,;, „. ?v,?_,???-7 I? KIMBERLY R. BECKERLEG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 03-6214 CIVIL CIVIL ACTION - LAW JAMES J. BECKERLEG, Defendant IN RE: CUSTODY ORDER AND NOW, this /g ` day of May, 2004, hearing in the above captioned matter is continued generally pending receipt of a stipulated order. BY THE COURT, ?Bradley Griffie, Esquire For the Plaintiff Xarol J. Lindsay, Esquire , For the Defendant :rlm (),,-19-0! Jd' ,.a V j KIMBERLY R. BECKERLEG, Plaintiff VS. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-6214 CIVIL, IN CUSTODY CUSTODY STIPULATION & AGREEMENT THIS STIPULATION AND AGREEMENT entered into the day and year hereinafter set forth, by and between KIMBERLY R. BECKERLEG, (hereinafter referred to as "Mother") and JAMES J. BECKERLEG, (hereinafter referred to as "Father"). WHEREAS, the parties are the natural parents of two children, namely SAMANTHA M. BECKERLEG, born March 31, 1993, and TABITHA F. BECKERLEG, born November 16, 1994, (hereinafter referred to as "Children"); and WHEREAS, the parties live separate and apart and wish to enter into a comprehensive stipulation and agreement relative to physical and legal custody of their Child. NOW THEREFORE, in consideration of mutual covenants, promises and agreements as hereinafter set forth, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of the children. 2. Mother shall have primary physical or custody of the children. 3. Father shall have periods of partial physical custody of the children at the following times: a.) Every other weekend from 12:00 p.m. on Saturday until 8:00 p.m. on Monday; b.) Every Thursday from after school until 8:00 p.m.; and c.) At other times as the parties may agree. 4. During the Christmas holiday season, the parties will share physical custody of the children by alternating custody between the following two periods: a.) From after school on the last day of school before the Christmas/New Year's holiday break until 1:00 p.m. on Christmas Day; and b.) From 1:00 p.m. on Christmas Day until 8:00 p.m. on New Year's Day. Father will have the first period set forth above and Mother will have the second period set forth above for Christmas 2004 and all even numbered years. For Christmas 2005 and all odd numbered years, Mother will have the first period and Father will have the second period. 5. During the Thanksgiving holiday season, the parties shall alternate Thanksgiving such that Father shall have the children from Wednesday after school until Friday evening at 8:00 p.m. for 2004 and all even numbered years and Mother shall have the children for this period for Thanksgiving 2005 and all odd numbered years. It is further understood that neither party would be obligated to return the children on Friday evening of their Thanksgiving if they are to have custody for the weekend immediately following Thanksgiving. 6. The parties shall alternate physical custody of the children on the following three holidays: Memorial Day, 4`h of July, and Labor Day, with Mother having Memorial Day and Labor Day and Father having 4`h of July in 2004 and all even numbered years and with Father having Memorial Day and Labor Day and Mother having 4`h of July in 2005 and all odd numbered years. 7. Each party shall be entitled to two (2) one (1) week periods of physical custody of the children during the summer vacation months with each party giving the other written notice of their intention to exercise a week long period of summer vacation by May 1 of each year. 8. The parties will share responsibility for transportation of the children by the parent who is securing custody of the children, providing the transportation for that exchange, whether that is to pick up at the children's school or from the other parent's home. 9. The parties shall keep each other advised in the event of serious illness or medical emergency concerning the child and shall further take any necessary steps to ensure that the health and well-being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. 10. Neither parent shall do anything which may estrange the child from the other party, injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. 11. Any modification or waiver of any of the provisions of this Agreement on a permanent basis shall be effective only if made in writing, and only if executed with the same formality as this Stipulation and Agreement. 12. The parties desire that this Stipulation and Agreement be made an Order of Court of the Court of Common Pleas of Cumberland County, vacating all prior Orders, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact, have jurisdiction over the issue of custody of the parties' minor child has resided for her entire life in Cumberland County, Pennsylvania. 13, The parties stipulate that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other party. 14. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, The parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year hereinafter mentioned. S/ O to MBE R. B KERLEG Date ME,I J. CKERL WITNESSETH: COMMONWEALTH OF PENNSYLVANIA COUNTY OF OR lM k ('L' On this P day of k fa V , 2004, before me, the undersigned officer, personally appeared KIMBERLY R. BECKERLEG, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MOTAR & 2UL lassmi otary P is COMMONWEALTH OF PEnSYLVANIA COUNTY OF? On this ay of 2004, before me, the undersigned officer, personally appeared JAMES J. BECKERLEG, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL RENEE L. MURRAY, Notary Public Carlisle IBoro, Cumberland County, PA My Canmiss on Bores Dec. 13,2W6 KIMBERLY R. BECKERLEG, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW JAMES J. BECKERLEG, : NO. 2003-6214 CIVIL Defendant : IN CUSTODY ORDER OF COURT AND NOW this ZS ` day of r'ha.; 2004, the attached Custody Stipulation and Agreement is hereby made an Order of Court. Our prior Order of January 6, 2004 is hereby vacated. BY THE COURT, cc: LAradley L. Griffie, Esquire Attorney for Plaintiff ,Carol J. Lindsay, Esquire Attorney for Defendant 7 C? nz? y v v e?hJ4 T 11 ??i? qua AJ'`'1'.'V10cdll?i 30 KIMBERLY R. BECKERLEG, Plaintiff V. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6214 CIVIL ACTION- LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may loose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or(800)990-9108 KIMBERLY R. BECKERLEG, Plaintiff V. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6214 CIVIL ACTION- LAW IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, comes the Petitioner, Kimberly R. Beckerleg, by and through her counsel, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates and files the following Petition for Economic Relief: 1. Petitioner, Kimberly R. Beckerleg is the above-named Plaintiff and an adult individual currently residing at 926 Shermansview Road, Shermans Dale, Perry County, Pennsylvania. 2. Respondent, James J. Beckerleg, is the above-named Defendant and an adult individual currently residing at 21 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner filed a Complaint in Divorce pursuant to Section 3301(c) of the Divorce Code of 1980 as amended on or about November 26, 2003. 4. No additional issues were raised at that time as the parties were attempting to negotiate a resolution of the economic aspects of their separation and divorce. 5. The efforts at resolving the economic aspects of their separation and divorce have been fruitless. 2 COUNTI EQUITABLE DISTRIBUTION 6. Paragraphs I - 5 are incorporated herein by reference as they are set forth in their full text. Petitioner and Respondent are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 8. Petitioner and Respondent have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Petitioner requests your Honorable Court to distribute equitably the marital property and a portion of the marital debt. COUNT II ALIMONY. ALIMONY PENDENTE LITE. AND COUNSEL FEES 9. Paragraphs I - 8 are incorporated herein by reference as they are set forth in their full text. 10. Petitioner is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 11. Petitioner is without sufficient property and otherwise unable to financially support herself, even though she is employed, and provides for the costs of the instant litigation. 12. Respondent is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter an Order requiring Respondent to pay for Petitioner's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Petitioner. Respectfully submitted, a ie, Esquire ttorney or Petitioner/Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 4 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: KI ERLY R. B 'KE LE , Petitioner t KIMBERLY R. BECKERLEG, Plaintiff V. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6214 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the --4 day November, 2005, cause a true and attested copy of Petitioner's Petition for Economic Relief to be served upon Respondent's attorney of record by first class mail, postage prepaid at the following addresses: Carol J. Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 DATE: 1) - c, 5 ?iriffie, Esquire Attorney for Petitioner/Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 6 F ? l=J 'J r .; V? 'n --t f 1?) S KIMBERLY R. BECKERLEG, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-6214 JAMES J. BECKERLEG, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in the attached affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. The parties to this action separated since November 22, 2003 and have continued to live separate and apart since that time. 2. The marriage is irretrievable broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 2 v ?- K ERLY R. BEC RLEG, Plaintiff «?? 11 ?? r,., ;?> ' ?, , KIMBERLY R. BECKERLEG, Plaintiff V. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6214 CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING MASTER AND NOW this day of 2005, is appointed Master with respect to the following claims: Divorce Distribution of Property. Alimony, Counsel Fees, Costs and Expenses. BY THE COURT, J. cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Carol J. Lindsey, Esquire Attorney for Defendant KIMBERLY R. BECKERLEG, Plaintiff V. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6214 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER AND NOW comes Plaintiff, Kimberly R. Beckerleg., by and through his attorney of record, Bradley L. Griffie, Esquire, and moves the Court to appoint a Master with respect to the following claims: (x) Divorce (x) Distribution of Property O Annulment O Support (x) Alimony (x) Counsel Fees (x) Costs and Expenses O Alimony Pendente Lite and in support of his Motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant has appeared in this action represented by Carol J. Lindsey, Esquire. 3. The Statutory grounds for divorce are 23 Pa.C.S.A. §3301(c) and 330l(d). 4. This action is contested with respect to the claims: All of the above except divorce. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: None. Respectfully submitted, Esquire WFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ' ? , ? 4 • ,d ,,J KIMBERLY R. BECKERLEG, Plaintiff V. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6214 CIVIL ACTION - LAW IN DIVORCE COUNTER AFFIDAVIT UNDER 43301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ,/ (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check either (i), (ii), or both) (i) The parties to the action have not lived separate an apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. . (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 1Z - 9 - &J- JAMES J. CCKERLEG, Defe ant 4' Z NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER AFFIDAVIT. KIMBERLY R. BECKERLEG, Plaintiff Vs. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-6214 MOTION FOR APPOINTMENT OF MASTER KIMBERLY R. BECKERLEG (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: (X) Divorce O Annulment (X) Alimony O Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his , Esquire). (3) The Statutory ground(s) for divorce (is) (are) ii3301(c) and $3301(d). (3) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: C. The action is contested with respect to the following claims: All of the above except divorce. (4) (5) (7) Date: , /9 0 The action (involves) (does not involve) complex issues of law or fact. The hearing is expected to take one (heias) (days). ORDER APPOINTING MASTER AND NOW, 20 , _ appointed master with respect to the following claims: Esquire is By the Court. Additional information, if any, relevant to the motion: ,_ , ' : , 4= ` ??:; KIMBERLY R. BECKERLEG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNT PENNSYLVANIA Vs. JAMES J. BECKERLEG, Defendant Docket No. 03-6214 MOTION FOR APPOINTMENT OF MASTER KIMBERLY R. BECKERLEG (Plaintiff) (Defendant), moves the court to appoint a following claims: (X) Divorce O Annulment (X) Alimony O Alimony Pendente Lite and in support of the motion states: (X) Distribution of Prop O Support (X) Counsel Fees (X) Costs and Expenses (1) Discovery is complete as to the claims (s) for which the requested. (2) The defendant (has) (has not) appeared in the action (p, Esquire). (3) The Statutory ground(s) for divorce (is) (are) 53301(c) ands with respect to the of a master is ) (by his atta ney), (3) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the claims: C. The action is contested with respect to the following All of the above except divorce. (4) The action (involves) (does not involve) complex issues of law (5) The hearing is expected to take one (heirs) (days). (7) Additional information, if any, relevant to the motion: Date: / 17 . 06 AND NOW, (} , 20176 appointed master with espect t he following claims: By the fact. 4411- Esquire is J. ,i ?' ? ? ??;: .? i KIMBERLY R. BECKERLEG, Plaintiff VS. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6214 CIVIL IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of KIMBERLY RAE SHANK. k2=1-144V RHANK /K?MBERLYR. BECKERLEG COMMONWEALTH OF PENNSYLVANIA COUNTY OF L rh Q Cz wok SS On this ? day of r a A.4 2200_Zo , before me, the undersigned officer, personally appeared KIMBERLY RAE SHANK, now known as KIMBERLY B. BECKERLEG, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. s?eK Notary Public NOTARtAI SEAL ROBIN J. GO SHORN, NOTARY PUBLIC CARLISLE BORO., CUMBERLAND COUNTY L Y COMMISSION EXPIRES APRIL 11 2001 } ' n t KIMBERLY R. (BECKERLEG) Shank, Plaintiff vs. JAMES J. BECKERLEG, Defendant TO THE PROTHONATARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 6214 CIVIL IN DIVORCE PRAECIPE Please note the change of name of the Plaintiff, due to filing of a Motion to Retake Prior Name to Kimberly R. Shank. Date: t 6 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 Respectfully Submitted, ? riffi e or Plaintiff f 4rney Y ??-?? __, \, r?? KIMBERLY R. (BECKERLEG) SHANK, Plaintiff VS. JAMES J. BECKERLEG, Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 6214 CIVIL AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on November 26, 2003 and served on November 28, 2003 by certified mail and restricted delivery. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 7((, (8 (o ? KoR ERLY R. BE RL ( K), Plaintiff ? ';r =;? ^" " • ?a _ ..:? t , ? } < `. 3 ,-- 1 ?; ?_ ? u? KIMBERLY R. (BECKERLEG) SHANK, Plaintiff VS. JAMES J. BECKERLEG, Defendant IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 6214 CIVIL WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in 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. 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 7 (. I n ?o ERLY R. B RLEG ( ANK), Plaintiff -Tl r, e KIMBERLY R. (BECKERLEG) SHANK, Plaintiff vs, JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 6214 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on November 26, 2003 and served on November 28, 2003 by certified mail and restricted delivery. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 7l(c /O? ? z"7 , ( JAMES J. 13ECKEI(LEG, Defendant C) Defendant ,?> -?, ::?, ,a ?' fit, ? r _„;,? G? rrt S.: {.. ?. KIMBERLY R. (BECKERLEG) SHANK, Plaintiff vs. JAMES J. BECKERLEG, Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 6214 CIVIL WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 THE FOREGOING 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: ?lGlDG __A aa?zC? .CfLCG? JAMES J. BECK EG, Defendet ? y' =:1 i 1{r f C,., ?'? -_ .r KIMBERLY R. BECKERLEG, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 6214 CIVIL JAMES J. BECKERLEG, Defendant IN DIVORCE ORDER OF COURT AND NOW, this U_ day of 2006, the parties and counsel having entered i to an agreement and stipulation resolving the economic issues on July 6, 2006, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Q ?? G Edgar B. Bayley, P.J. cc: v/radley L. Griffie Attorney for Plaintiff ?.,ames J. Beckerleg Defendant An0 V "3 .? l ` ? .} `; .-{ ? G' _ W . ? c ?? jT1 _. ??? ?J .' ?- ??. KIMBERLY R. BECKERLEG, Plaintiff VS. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 6214 CIVIL IN DIVORCE THE MASTER: Today is Thursday, July 6, 2006. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Kimberly R. Beckerleg (Shank), and her counsel Bradley L. Griffie. Also present is the Defendant, James J. Beckerleg. He is not represented by counsel although he previously was represented by Carol J. Lindsay. A complaint in divorce was filed on November 26, 2003, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. With respect to the grounds for divorce, the parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree which will be filed by the Master's office. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. Wife filed a petition on November 22, 2005, raising economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. Mr. Griffie provided the Master with an 1 inventory and a pretrial statement which was received by the Master's office on July 5, 2006. Mr. Beckerleg has not filed a pretrial statement. However, after discussion today, the parties have reached an agreement with respect to the outstanding economic issues which agreement is going to be placed on the record. The parties were married on June 8, 1991, and separated November 22, 2003. They are the natural parents of two children, both of whom are minors and reside with wife. The agreement that is going to be placed on record in the presence of the parties will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties are going to return later this morning with counsel, Mr. Griffie, to review the draft of the agreement for typographical errors, make any corrections as necessary, and then affix their signatures affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final 2 decree in divorce. Mr. Griffie. MR. GRIFFIE: In full and final satisfaction of all of the claims made by each party in these proceedings, the parties are agreeing as follows: 1. With respect to the jointly owned 1998 Ford Contour, husband will execute a title or a vehicle power of attorney to allow for wife to transfer the title of the Contour into her name alone. Husband will Execute the title or a vehicle power of attorney within 15 days of being presented with such document. It is noted that this vehicle is unencumbered. 2. The parties jointly own a 2000 Ford Expedition. Likewise, the Expedition will be transferred to wife by husband executing a title or a vehicle power of attorney. The vehicle transfer shall be completed in conjunction with a refinancing of the debt on that vehicle due and owing to Onyx Acceptance Corporation. 3. Each party waives any claim or any interest in the other parties' bank accounts that they had at the time of separation in their individual names or which they have established since their separation. 4. Each party further waives any rights to any personal property, including furniture, household furnishings and appliances in the other parties' possession with the sole exception that wife will make copies of the family video tapes that are in her possession and husband will do likewise and more particularly will attempt to locate two specific video tapes of the parties' children's childbirth to provide them to wife. 5. Husband was a participant in the Exel Retirement Savings Plan at the time of the parties' separation. Wife waives, relinquishes, and transfers any interest she has in the plan in her individual capacity or through her marriage to husband and will make no claim against that retirement savings plan or any subsequent plan into which those funds may have been rolled over. 6. Wife is a participant in the 401(k) plan through the Pension Board of the United Church of Christ. The parties stipulate that a QDRO will be prepared to provide for the roll over of the sum of $2,000.00 from wife's pension 3 account into an account to be established under husband's name. After the roll over of $2,000.00 has taken place, husband waives, relinquishes and transfers any and all right, title and interest he has or may have in his individual capacity or through his marriage to wife in the Pension Board of United Church of Christ account in wife's name. Wife's counsel shall prepared the QDRO. 7. Wife shall be solely and exclusively responsible for the repayment of the credit or charge card accounts with Old Navy, Value City, Walmart, and Visa that existed at the time of the parties' separation. 8. Both parties waive any additional claims one against the other relative to alimony, alimony pendente lite, and counsel fees and expenses. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. THE MASTER: Mr. Beckerleg, you heard the agreement as stated on the record? MR. BECKERLEG: Yes. THE MASTER: Do you have any questions about it? MR. BECKERLEG: I just wanted to say -- in regards to the credit card debt you were referring to, Mr. Griffie, at the time of separation the balance on her Old 4 Navy card was $398.00, the Walmart card was $1,926.00 and Value City was $601.00. I just wanted to clarify that. THE MASTER: Do you understand the agreement? MR. BECKERLEG: Yes, sir. THE MASTER: You made a comment on the record regarding some debt, do you have any questions about the agreement? MR. BECKERLEG: No. THE MASTER: And you are willing to accept this as the final settlement of the economic claims in the divorce case and you will sign the affidavit and waiver forms that will be provided here shortly? MR. BECKERLEG: Yes. MR. GRIFFIE: Ms. Shank, were you here to hear the agreement that I just dictated on to the record? MS. SHANK: Yes. MR. GRIFFIE: Do you understand the terms of the agreement as they were dictated? MS. SHANK: Yes. MR. GRIFFIE: And are you willing to accept 5 those terms as full and final satisfaction of all claims that you have made in this divorce case? MS. SHANK: Yes. acknowledge that I stipulation andagreement,thathIv above understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: iBr G Fainti Lt e rff er1y R. Beckerleg (Shank) -.,1//0/0(, qt2ma es J. ecker1eg 6 KIMBERLY R. (BECKERLEG) Shank, Plaintiff vs. JAMES J. BECKERLEG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 6214 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on November 28, 2003.. 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: 7/06/06 by Defendant: 7/06/06 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 6, 2006 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: July 6, 200:?4tto iffie squire ey for PI ntiff -? RJ _ i? ?! t__ -? r?,_ ? I': _.. ?. a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF KDMERLY R. BEa Rr Fr -- ---------.. ..------ ------ ....------------. .. ....... -- - ------- Plaintiff.... Versus JAMES J. nr.Fr Defendant PENNA. DECREE IN DIVORCE Zmula AND NOW . .............?wGj... i9.. 9-9...... , it is ordered and decreed that . K .& .& 7G ........................... Plaintiff, and ...?AMES ?.. sic ..................................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The parties, Stipulation, epterpd, intp, beipze. the. Piwrce. Master. on July. , 61. 2006.. is incorporated,. but. not. merged.,. in. the. Decree ................. Q y T Cou - Attest: J. Prothonotary re W.• 4* ::'W,4* . 4* i'Wfiri, t-3 •M. ^.ri•..:r4* Z.. •8Y,••::: M 'N.• ,:'%:A r :a!:: .. :: .A; ?•:.::? x ::r'A:•.lg .:: ?,?y IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED DOMESTIC RELATIONS ORDER AS SUCH AS DEFINED UNDER SECTION 414(p) INTERNAL REVENUE CODE OF 1986, AS AMENDED. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. WITNES ra e, E?uire / Co Dat K ERL R. B ERLEG (SHANK) It orb a _ Date J MES J. BEC ERLEG COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lr-t? ?? On this J' !:? day of qQo*e rr.-? , 2006, before me, the undersigned officer, personally appeared KIMBERLY R. BECKERLEG (SHANK), known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. NOTARK SEAL ROBIN J BASSETT Nou ry Public CARLISLE BOROt1GM, OJMBERLAND COWTY SS-e My Commicdon E*m Apr 17, 2007 C LVANIA COUNTY OF W esr r u -e t,,d On this O'? day of Novtmb,v , 2006, before me, the undersigned officer, personally appeared JAMES J. BECKERLEG, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Alexis D. Breznik, Notary Public New Alexandria Boro, Westmoreland County MY Commission Expires Feb. 8, 2009 Member, Pennsylvania Association of Notaries s . 4a V NOV 20 2006 */ KIMBERLY R. BECKERLEG (SHANK) : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. JAMES J. BECKERLEG, : No. 03-6214 Defendant t1.3 (7) r-(D C- <<? -n QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, KIMBERLY R. BECKERLEG (SHANK)(hereinafter referred to as--t Participant) and JAMES J. BECKERLEG, (hereinafter referred to as Alternate- - Payee") have agreed to a division of marital property, which Agreement includes-i provision for a distribution from the Participant's account with the Pension Boards-UCC, The Annuity Fund - United Church of Christ 403B Plan (hereinafter referred to as the "Plan") WHEREAS, this Qualified Domestic Relations Order (herinafter referred to as the ("Order") provides for the division and disposition of the marital components of the Participant's account in the Plan which is a benefit plan provided by Participant's employer, United Church of Christ Homes, 30 North 31St Street, Camp Hill, Pennsylvania, 17011. WHEREAS, Participant intends to grant Alternate Payee rights to such benefits in such amounts on the terms and conditions prescribed hereinafter as provided for in the Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order (hereinafter "QDRO"), as that term is defined by Section 414(p) of the Internal Revenue Code. NOW THEREFORE, IT IS ORDERED AND DECREED AS FOLLOW: 1 ? i ? '?'? r i ? ??, t? ??' •4L 1. The parties intend for this Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The Annuity Fund - United Church of Christ, 403(b)(9) Plan. 3. Participant's social security number is 185-62-1827, and Participant does in fact participate in the Plan and her account in the Plan is identified as member identification number 7010-080. 4. Alternate Payee's social security number is 161-58-8770 and he is the Participant's former spouse, the parties having been divorced by a Decree in Divorce as the above captioned action on July 19, 2006. 5. Participant's date of birth is November 6, 1969 and her current and last known mailing address is 926 Shermansview Road, Shermans Dale, Pennsylvania, 17090. 6. Alternate Payee's date of birth is July 29, 1969 and his current and last known mailing address is 248 Lee Valley Road, Derry, Pennsylvania, 15627. 7. The Plan Administrator is the Pension Boards-UCC, 475 Riverside Drive, Room 1020, New York, New York, 10115-0059. 8. A portion of Participant's interest in the Plan is marital property subject to distribution by this Court. As soon as administratively practicable after the Plan Administrator determines that this Order is a Qualified Domestic Relations Order, and the applicable appeals period has expired, Plan Administrator shall designate the sum of TWO THOUSAND DOLLARS as Alternate Payee's portion of the Participant's Plan funds, which shall be withdrawn from the Participant's account and established in an account in the name of Alternate Payee, held by and established by the Pension Plan Administrator. The amount to be withdrawn from the Participant's account for the Alternate Payee is nontaxable as a roll-over from one account with a qualified Plan to another account with a qualified Plan. This amount shall not accrue interest or loss at any time prior to distribution„ but, rather, shall be a roll-over of the set sum of $2000.00 when implemented. 9. This Order does not require the Plan to provide any type or form of benefits, or option, not otherwise provided under the Plan; nor require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order; nor require the Plan to provide increased benefits which result from future contributions to the Plan. Any provision of this Order, which appears to be otherwise shall be null and void and have no effect. 10. In no event shall Alternate Payee have a greater right than those which are available to the Participant. 11. Any and all reasonable cost incurred by the Plan Administrator to effectuate the terms and provision of this Order shall be assessed equally against the parties and shall so be deducted from their accounts within the Plan. 12. The parties shall promptly submit this Order to the Pension Boards United Church of Christ, 475 Riverside Drive, Room 1020, New York, New York, 10115-0059. 13. A copy of this Order shall be mailed promptly, return receipt requested, to the Pension Boards United Church of Christ, as hereinbefore stated. The Plan Administrator shall, within a reasonable time after the receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both the Participant and Alternate Payee of such a determination. If the Pension Boards determines that this Order is not a Qualified Domestic Relations Order, then it shall notify the Participant and Alternate Payee of such a determination and the reason therefore. 14. This Court shall retain jurisdiction for enforcement purposes and to make any changes in this Order to the extent required to carry out the intent of the parties as evidenced by their affirmations in their Separation and Property Settlement Agreement. Niv?.??- 7-,,t Z -e RV TUP COTTRT om & i uLAKTs Michelle L Sommer, Esquire Attorney I.D. No.: 93034 36 South Hanover Strut Carlisle, Pennsylvania 17013 (717) 249-0900 KIMBERLY R. BECKERLEG, now known : IN THE COURT OF COMMON PLEAS as KIMBERLY R. SHANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. NO. 2003-6214 JAMES J. BECKERLEG, CIVIL ACTION - LAW Defendant/Respondent IN CUSTODY TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: AND NOW, comes the Petitioner, Kimberly R. Shank, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully petitions for transfer of venue, and in support thereof avers the following: 1. Petitioner is Kimberly R. Shank, who currently resides at 926 Shermansview Road, Shermansdale, Perry County, Pennsylvania. 2. Respondent is James J. Beckerleg, who currently resides at 248 Lee Valley Road, Derry, Westmoreland County, Pennsylvania. 3. The subject minor children are Samantha Mae Beckerleg, born March 31, 1993 and Tabitha Faith Beckerleg, born November 16,1994. 4. The parties had resided together with the minor child in Cumberland County, Pennsylvania. 5. An Order of Court for Custody was entered in Cumberland County on May 24, 2004. 6. Father relocated to Westmoreland County in February 2006. 7. Mother relocated to Perry County in June 2004. 8. As Father now lives in Westmoreland County which is approximately a 31/2 hour drive from where children reside with Mother it is no longer feasible for the current Court Order to be followed. 9. Simultaneous with the filing of this Transfer of Venue Mother is filing a Complaint for Custody in Perry County in order to have a Custody Conciliation scheduled so that a new Custody Order can be negotiated between the parties in light of their current locations. 10. Mother avers that Perry County, not Cumberland County, is the proper venue for this custody action, pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa.C.S.A. Section 5401 et. seq., and that the custody action filed in Cumberland County should be dismissed. 11. The provisions of the Uniform Child Custody Jurisdiction and Enforcement Act allocating jurisdiction and functions between and among courts of different states shall also allocate jurisdiction and functions between and among courts of common pleas of this Commonwealth. 23 Pa.C.S.A. § 5471. 12. The Court of Common Pleas of Cumberland County does not have jurisdiction to make an tial child custody determination, as Perry County is the home county of the children. 23 Pa.C.S.A. § 5421. 13. The Court of Common Pleas of Cumberland County does not have exclusive, continuing jurisdiction over this custody matter because neither the children not their Mother have a significant connection with Cumberland County, and substantial evidence is no longer available in Cumberland County concerning the children's care, protection, training and personal relationships. 23 Pa.C.S.A. §5422. WHEREFORE, Respondent respectfully requests This Honorable Court to transfer jurisdiction over the above-docketed custody action to Perry County, Pennsylvania. DATE 21610q Respectfully submitted, ABOM & KumLAKis, L.L.P. Michelle L. So , Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff I, KIMBERLY R. SHANK, verify that the statements made in this Petition to Transfer Venue are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein ate made subject to the Penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Z- .s d BERLY SHANK AND NOW, this 50' day of February 2009, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition to Transfer Venue, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, Return Receipt Requested, postage prepaid addressed to the following: James J. Beckerleg 248 Lee Valley Road Derry, Pennsylvania 15627 Pro Se Defendant Respectfully submitted, Abom & Kutulakis, L.L.P. Michelle L. Sommer , squire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff C r- W r r ?? FEE G 6 2C?, KIMBERLY R. BECKERLEG, now known : IN THE COURT OF COMMON PLEAS as KIMBERLY R. SHANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. NO. 2003-6214 JAMES J. BECKERLEG, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY AND NOW, this r day of February, 2009, upon Petition of Michelle L. Sommer, Esquire, a Rule is hereby issued upon the Respondent to show cause why the Petitioner should not be permitted to Transfer jurisdiction of the within custody matter to Perry County. Rule returnable 7-0 days after the date of service of this Order. Service to be by certified mail upon James Beckerleg, Respondent. BY THE COURT: 0 i E WV 0 1 933 5002 AU?%?..li'4?j 'j.Odld ? J0 ABOM & I?uTULAcis Michelle L Sommer.. Esquire Attorney LD. No.: 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 KIMBERLY R. BECKERLEG, now known : IN THE COURT OF COMMON PLEAS as KIMBERLY R. SHANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. : NO. 2003-6214 JAMES J. BECKERLEG, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, KIMBERLY R. SHANK, by and through her attorney, Michelle L. Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., and respectfully avers the following: 1. Petitioner, by and through her counsel, filed a Petition for Transfer of Venue to Perry County on February 5, 2009. 2. On February 10, 2009 an Order was entered against the Defendant to show cause why the case should not be transferred to Perry County. The Rule was returnable within 20 days of service. 3. More than 20 days have elapsed and Defendant has not filed a response to the Rule to Show Cause. WHEREFORE, Petitioner respectfully requests this Honorable Court transfer jurisdiction over the above-docketed custody action to Perry County, Pennsylvania. Respectfully submitted, ABOM&KUTULAKis; L.L.P. DATE ?1 I U 1 Michelle L. Sommer, Vquire Supreme Court ID 93034 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing Motion to Make Rule Absolute was served by first class mail to the following: James Beckerleg 248 Lee Valley Road Derry, PA 15627 Date: lu? Respectfully submitted, Abom & Kutulakis, L.L.P. 1? fit- ?Michelle L. Sommer squire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff RH OTa OF THE PRCMM RY 209 OR -1 PM : 20 Ctl M- ^-i-O U.)LM P i ABOM & KUTLILAKIS Micbelle L Somme,,, Espire Attorney I.D. No.: 93034 36 South Hanover Street Carlisle, Pennsylvaeda 17013 (717) 249-0900 KIMBERLY R. BECKERLEG, now known : IN THE COURT OF COMMON PLEAS as KIMBERLY R. SHANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner v. NO. 2003-6214 JAMES J. BECKERLEG, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY AFFIDAVIT OF SERVICE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Petition for Transfer of Venue upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on James Beckerleg, at Carlisle, Pennsylvania, addressed as follows: James Beckerleg 248 Lee Valley Road Derry, PA 15627 Return card acknowledging receipt on February 20, 2009 is attached as Exhibit "A". Date:-'41 110 - ABOM & KUT ULAKis, LLP n Michelle L. Sot r, Esquire 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff I.D. No: 93034 F ti ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Prird 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: t. A. Signature ? Agent / ? Addressee B. eceived by (Printede) C to of Delivery S D. Is delivery address different fMm_item 1? ? Yes If YES, enter deliver 44p Q , belo ? No 3. Service Type `? ? pj ertifled Mail ? Registered ? pt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fes) ? Yes 2. Article Number (rrans*rfrom service iabeq 7008 1830 0003 5942 5937 PS Form 3811, February 2004 Domestic Return Receipt ' 102595-02-M-1540 EXHIBIT `A" RHO- Of THE PFtCTHMTARY 2N9 APR - i FM 1: 20 m:h COUNTY APR 0 2 20Q9 G KIMBERLY R. BECKERLEG, now known : IN THE COURT OF COMMON PLEAS as KIMBERLY R. SHANK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. : NO. 2003-6214 JAMES J. BECKERLEG, : CIVIL ACTION - LAW Defendant/Respondent : IN CUSTODY ORDER OF COURT AND NOW, this 3`0 day of April, 2009, upon consideration of the within Motion to Make Rule Absolute, said Motion is hereby GRANTED. The Prothonotary is hereby instructed to transfer the file to Perry County. Counsel for Plaintiff and Defendant, who is pro se shall be notified upon said transfer. Dis 'bution: ichelle L. Sommer, Esquire, Attorney for Plaintiff ,-rames Beckerleg, prose, 248 Lee Valle), Road, Derry, PA 15627, Defendant BY THE COURT, [? } p?I\? ????A??? c ? ??? ??? `????? Z' z1 v David D. Buelr Trothonotary Wfnee.K, Simpson (Deputy 'Prothonotary xyrkS. Sohonge, ESQ Solicitor Office of the Prothonotary Cumberland County, (Pennsylvania dune 21, 2011 Perry County Prothonotary Office P.O. Box, 37 New Bloomfield, PA 17068 (Dear BrendaAl6right; Irene E. Morrow 2nd Deputy Trothonotary Per an Order of court dated 04-03-2009, we were to transfer this case to you. Due to an error 6y our office, this case was never sent to you. So we are transferring it now. Please accept our apologies for any inconvenience this may have caused your office. If you have any questions, please call me at (717) 240-6195. Sincerely, Renee K. Simpson, 1St Deputy One Courthouse Square 0 suite 100 0 Carlisle, PA 17013 0 (717) 240-6195 * -Fa , (717) 240-6573