HomeMy WebLinkAbout08-0347r
JEANNE B. COSTOPOULOS, ESQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
Attorney for Plaintiff
BRENDA M. STAAB, THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NooB - 3Y7 6,aL C-2
KEVIN J. STAAB, CIVIL ACTION - AT LAW
Defendant 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 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 at the Cumberland Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013-3308
(717) 249-3166
A
JEANNE B. COSTOPOULOS, ESQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
Attorney for Plaintiff
BRENDA M. STAAB,
Plaintiff
VS.
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: No
KEVIN J. STAAB, CIVIL ACTION - AT LAW
Defendant DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Brenda M. Staab, by and through her attorney, Jeanne B.
Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce:
1. Plaintiff, Brenda M. Staab, is an adult individual currently residing at 3018 Harvard
Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Plaintiff, Kevin J. Staab, is an adult individual currently residing at 3018 Harvard Avenue,
Camp Hill, Cumberland County, Pennsylvania, 17011.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on April 1, 1994 in Mechanicsburg, Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. The marriage is irretrievably broken.
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7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or
its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
8. Plaintiff and Defendant are both citizens of the United States.
9. Plaintiff has been advised of the availability of marriage counseling and that she may
have the right to request the Court to require the parties to participate in such counseling.
Being so advised, Plaintiff does not request that the Court require the parties to
participate in counseling prior to a Divorce Decree being handed down by the Court.
10. There is one dependent child from this marriage, namely Kelly Ann Staab, born May 2,
1994.
11. This action is not collusive.
WHEREFORE, Plaintiff, Brenda M. Staab, respectfully requests this Honorable Court
grant her relief from the bonds of matrimony and order a Decree in Divorce.
Respectfully Submitted:
By:
ANNE B. COSTOPOUL , SQUIRE
Attorney I.D. No. 68735
5000 Ritter Road, Suite 202
Mechanicsburg, PA 17055
Telephone No. (717) 221-0900
ATTORNEY FOR PLAINTIFF
Date: / I
2
VERIFICATION
I, Brenda Staab, hereby verify and state that the facts set forth in the foregoing document
are true and correct to the best ofiny information, knowledge and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn
verification to authorities.
Date: '/11 /OF(
r.'; 7
w .? d yr
BRENDA M. STAAB, THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : No. 08-347 CIVIL TERM
KEVIN J. STAAB, CIVIL ACTION - AT LAW
Defendant DIVORCE
ACCEPTANCE OF SERVICE
I, Kevin J. Staab, Defendant above-named, hereby accept service and acknowledge receipt
of the Complaint in Divorce filed on January 16, 2008.
Date: 2 2? 4?1 D
K in . S
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BRENDA M. STAAB
Plaintiff
V.
KEVIN J. STAAB
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08 - 347 CIVIL TERM
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, Kevin J. Staab, Defendant in the above-captioned action, hereby accept service of the
Complaint in divorce as of January 31, 2008, which Complaint was filed herein on January 16,
2008.
DATE: Qf 7, 100
KEVIN 4. STUB, Defendant
2
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1
BRENDA M. STAAB : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 347 CIVIL TERM
KEVIN J. STAAB : CIVIL ACTION - LAW
Defendant ; IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
January 16, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of service and filing 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 Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
the unsworn falsification to authorities.
DATE; / 1 -) Lo W,
M. STAAB, Plaintiff
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE UNDER SETION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, 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 Waiver are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to the
unswom falsification to authorities.
DATE: V1710g` PXYLA"
B "A M. STAAB, Plaintiff
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BRENDA M. STAAB : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. ; NO. 08 - 347 CIVIL TERM
KEVIN J. STAAB ; CIVIL ACTION - LAW
Defendant ; IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
January 16, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of service and filing 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 Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 P&C.S.A. Section 4904, relating to
the unsworn falsification to authorities.
DATE '- eA - J- 20og
KEVIN . & AB, Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE UNDER SETION 3301(c) O THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to the
unsworn falsification to authorities.
DATE: 7009
KEVIN J. STAAB, Defen ant
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BRENDA M. STAAB
Plaintiff
V.
KEVIN J. STAAB
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08 - 347 CIVIL
: CIVIL ACTION - LAW
: DIVORCE
MARITAL SETTLEMENT AGREENVM
THIS AGREEMENT, made this I7 H' day of &-PfG?n&r- , 2008, by and
between. Brenda M. Staab ("Wife"), of Camp Hill, Pennsylvania, and Kevin J. Staab ("Husband"),
of Highspire, Pennsylvania.
WHEREAS, the parties hereto are Husband and Wife, married on April 1, 1994 in
Mechanicsburg, Pennsylvania. The parties are the parents of Kelly Ann Staab, born May 2,1994.
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the
parties and it is the intention of Husband and Wife to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between each other including,
without limitation by specification: the settling of all matters between them relating to the
ownership and equitable distribution of real and personal property, and the settling of any and all
claims and possible claims by one against the other or against their respective estates, as well as
any other matters related hereto.
NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings
hereinafter set forth and for other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound
hereby, covenant and agree as follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:
This Agreement shall not be considered to affect or bar the right of Husband and Wife to an
absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement is not intended to condone and
shall not be deemed to be a condonation on the part of either party hereto of any act or acts
on the part of the other party which have occasioned the disputes or unhappy differences which
may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault
divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended February
12,1988.
2. EFFECT OF DIVORCE DECREE:
The parties agree that unless otherwise specifically provided herein, this Agreement shall.
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to the parties. The parties agree that in the event of absolute divorce between them, they
shall nonetheless continue to be bound by all the terms of this Agreement.
3. DATE OF EXECUTION:
The "date of execution" or "execution date" of this Agreement shall be defined as the date
of execution by the party last executing this Agreement.
4. DISTRIBUTION DATE:
The transfer of property, funds and/or documents provided for herein shall only take place
on the "distribution date" which shall be defined as the date of execution of this Agreement, unless
otherwise specified herein.
5. CONSENT OF PARTIES/ADVICE OF COUNSEL:
Husband and Wife acknowledge that they fully understand the facts as to their legal rights
and obligations under this Agreement. Husband and Wife acknowledge and accept that this
Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and
voluntarily, and that the execution of this Agreement is not the result of any collusion or improper
or illegal agreement or agreements. Husband and Wife acknowledge that they each have had
sufficient opportunity to seek the advice of counsel and to have this Agreement reviewed by their
own individual attorney prior to signing.
6. FINANCIAL DISCLOSURE:
The parties acknowledge, confirm and verify that each has relied on the substantial accuracy
of the financial disclosure of the other, except as set forth herein as an inducement to the execution
of this Agreement. In the event Husband or Wife has failed to disclose any information regarding
any marital asset and/or marital debt, the parties' reserve the right to equitable distribution of said
marital asset(s) and/or debt(s), even after the entry of a decree in divorce; and further reserve any
other rights which may arise from said non-disclosure, even after the entry of a decree in divorce.
7. PERSONAL PROPERTY:
Husband and Wife agree that Husband shall keep, as his sole and separate property, any
vehicle titled in his name and Wife shall keep, as her sole and separate property, any vehicle titled
in her name. Husband and Wife shall be solely responsible for any and all financial and legal
obligations regarding their respective vehicles, including but not limited to, loans and insurance,
and shall indemnify and hold the other harmless as to any default of their financial or legal
obligations.
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Except as otherwise stated herein, Husband and Wife hereby acknowledge that they have
equitably divided all financial accounts, including but not limited to, stocks and IRA's, as well as
household furnishings and/or items and all other personal property, of whatever kind or nature, to
their mutual satisfaction and neither party shall make a claim against the property as agreed upon
and/or in the other's possession.
8. REAL PROPERTY:
Husband and Wife hereby agree that the marital residence, located at 3018 Harvard Avenue,
Camp Hill, Pennsylvania (hereinafter "the Camp Hill property") is marital property.
Husband and Wife hereby agree that the property located at 59 Jury Street, Highspire,
Pennsylvania (hereinafter "the Hghspire property") is marital property as Husband and Wife
refinanced the remaining Chase Bank mortgage on the Camp Hill property in the amount of
$30,000.00, through a home equity loan against the Camp Hill property with Commerce Bank
which was used to purchase the Highspire property free and clear of any mortgage or loan.
Husband and Wife agree that for equitable distribution purposes, the gross value of the
Camp Hill property is $180,000.00 and the gross value of the Highspire property is $91,000.00.
Husband and. Wife agree that as of June 1, 2012, the date of the high school graduation of
the parties' daughter, the Camp Hill property and the Highspire property shall be listed for sale
with a realtor of Wife's choosing and sold at fair market value. Husband and Wife shall each be
entitled to fifty (50%) percent of the net sales proceeds from the sale of said properties.
Husband and Wife further agree that prior to the sale of the Camp Hill property and the
Highspire property, Husband may keep the Highspire property as his sole and separate property if
Husband secures a mortgage or loan against the Highspire property in an amount sufficient to pay
Wife her fifty (SOOK) percent of the equity in the Camp Hill property and the Highspire property.
Pending the sale of the Camp Hill property and/or the Highspire property as stated herein,
the parties agree as follows:
A. Wife shall have exclusive possession of the Camp Hill property and Husband shall have
exclusive possession of the Highspire property.
B. Husband shall not sell or transfer the title to the Highspire property or enter into any
kind of agreement of sale and shall not lease the Highspire property, without Wife's
written permission.
C. Husband shall. not use the Highspire property as collateral for any loan or mortgage and
shall not encumber the Highspire property in any manner or form, without Wife's
written permission.
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D. Husband shall be fully responsible to pay the monthly payment on the existing home
equity loan with Commerce Bank.
E. Husband shall be fully responsible to pay the real estate taxes, homeowners insurance
and any and all financial obligations as to the Highspire property, including but not
limited to, utilities, trash and sewer and shall be responsible to pay for any and all
repairs to the property. Husband further agrees to maintain said property in good
condition and to make any necessary repairs or maintenance in order to maintain its
current fair market value. Husband shall indemnify Wife and hold Wife harmless from
any default of the aforesaid financial and legal obligations.
F. Husband shall pay and be responsible for one-half (112) of the real estate taxes and
homeowner's insurance for the Camp Hill property and one-half (112) of the cost of any
major repairs to the Camp Hill property, which major repairs include, but are not limited
to, repairs to the roof, basement, furnace, air conditioning, plumbing, electrical and
structural repairs. Husband shall pay the aforesaid financial and/or legal obligations
within thirty (30) days of Wife's request to do so.
G. Wife shall pay and be responsible for the other one (1/2) half of said financial and legal
obligations as to the Camp Hill property. Husband and. Wife further agree to maintain
said property in good condition and to make any necessary repairs or maintenance in
order to maintain its fair market value. Husband and Wife agree to indemnify the other
and hold. the other harmless from any default of their aforesaid financial and legal
obligations.
H. In the event Husband is in breach of any of the conditions as stated in this paragraph,
Husband agrees to immediately list the Highspire property for sale with a realtor of
Wife's choosing and to sell the property at fair market value and said sales proceeds
shall be exclusively used to pay off or pay against the home equity loan with Commerce
Bank.
9. CHILD SUPPORT:
Husband agrees to pay Wife the amount of $440.00 per month in child support as follows:
A. $440.00 per month, which was the monthly payment amount of the original. Chase
mortgage against the Camp Hill property, shall be considered paid to Wife as part of
Husband's payment of the Commerce home equity loan against the Camp Hill property.
B. In the event Wife files for child support through Domestic Relations, Wife shall forfeit
and waive her entitlement to fifty (SO%) percent of the equity in the Camp Hill property
and Highspire property as stated in Paragraph 8 herein.
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C. In the event Husband fails to pay the mortgage each month and/or defaults on said
mortgage or Husband defaults as to his legal and financial obligations as to the Camp
Hill property and Highspire property as stated in Paragraph 8 herein or fails to pay Wife
alimony as stated in Paragraph l 1 herein, Wife shall be permitted to file for child.
support through Domestic Relations and Wife will not forfeit or waive her entitlement
to fifty (501/1o) percent of the equity in the Camp Hill property and Highspire property as
stated in Paragraph 8 herein.
11. CHILD CUSTODY:
Husband and. Wife agree to the following as to custody:
A. Husband and Wife agree that they shall have joint legal custody of their child, Kelly Ann
Staab, born May 2, 1994, as to all. decisions regarding the health, education and general
welfare of the child.
B. Husband and Wife agree that Wife shall. have primary physical custody of the child and
shall reside with Wife. Husband shall have partial custody of the child on mutually
agreed upon weekends.
C. Husband shall have additional times of partial custody as mutually agreed by the parties.
D. Husband and Wife each reserve the right to modify the custody rights as stated herein
by agreement or through the Court.
11. ALIMONY:
Husband and Wife agree that Husband shall pay to Wife the amount of Two Hundred
($200.00) Dollars per month in alimony, which alimony payments shall commence with the signing
of this Agreement and shall be paid every month, on or before the Ist of each. month, until June 1,
2012, the date of termination. The amount and term of alimony shall be non-modifiable. Alimony
shall be included as income to Wife and deductible to Husband for income tax purposes. Alimony
shall not otherwise terminate except for the death of either party.
12. PENSION AND RETIREMENT BENEFITS/FINANCIAL ACCOUNTS:
Husband and Wife shall forever waive any and all past, present or future, legal or equitable
interest in any pension and/or retirement benefits of the other, which either party may have now or
in the future; and neither party shall make any claim against the other's pension or retirement
benefits at any time
13. AFTER ACQUIRED PROPERTY:
Each of the parties shall own and enjoy, independently of any claims or right of the other,
all items of personal property, tangible or intangible, and/or real property, acquired by him or her,
after the date of final separation, on. or about May 3, 2008, with full power in him or her to dispose
of the same as fully and effectively, in all respect and for all purposes, as though he or she were
unmarried.
14. WIFE'S DEBTS:
Wife represents and warrants to Husband that since the date of final separation, on or about
May 3, 2008, she has not contracted or incurred any debt or liability for which Husband or his
estate might be responsible and Wife further represents and warrants to Husband that she will not
contract or incur any debt or liability after the execution of this Agreement for which Husband or
his estate might be responsible. Wife shall indemnify and save harmless Husband from any and all
claims or demands made against Husband by reason of debts or obligations incurred by Wife.
15. HUSBAND'S DEBTS:
Husband represents and warrants to Wife that since the date of final separation, on or about
May 3, 2008, he has not contracted or incurred any debt or liability for which Wife or her estate
might be responsible and Husband further represents and warrants to Wife that he will not contract
or incur any debt or liability after the execution of this Agreement for which Wife or her estate
might be responsible. Husband shall indemnify and save harmless Wife from any and all claims or
demands against Wife by reason of debts or obligations incurred by Husband.
16. WAIVER OF RIGHTS:
The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act
of 1980, as Amended February 12,1988, particularly the provisions for alimony, alimony pendente
lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Both
parties agree that this Agreement shall conclusively provide for the distribution of property under
the said law and the parties hereby waive, release and forever relinquish any further rights they may
respectively have against the other for equitable distribution of marital property, attorney fees and
expenses.
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17. PERSONAL RIGHTS:
Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall
be free from any control, restraint, interference or authority, direct or indirect, by the other in all
respects as fully as if they were unmarried. They may reside at such place or places as they may
select. Each may, for his or her separate use or benefit, engage in any business, occupation,
profession or employment which to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or malign each other or the respective families of each other nor compel or
attempt to compel the other to cohabitate or dwell by any means or in any manner whatsoever with
him or her.
18. MUTUAL RELEASE:
Except as otherwise stated in this Agreement, Husband and Wife each hereby mutually
remise, release, quitclaim and forever discharge the other and the estate of each other, for all time
to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or
claims in or against the property (including income and gain from property hereafter accruing) of
the other or against the estate of each other, of whatever nature and wheresoever situate, which he
or she now has or may have at any time in the future.
Except as otherwise stated in this Agreement, Husband and Wife each hereby further
mutually remise, release, quitclaim, waive and forever discharge the other and the estate of each
other, for all time to come and for all purposes whatsoever, of and from any and all rights which
either party may have, or at any time hereafter have, for past, present or future equitable
distribution of marital property, attorney fees, costs or expenses, whether arising as a result of the
marital relation or otherwise, except, and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
provision thereof.
It is the intention of Husband and Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any kind
or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and
only except all rights and agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision thereof
1.9. WAIVER OR MODIFICATION TO BE IN WRITING:
A modification or waiver of any of the terms of this Agreement shall be effective only if in
writing, signed by both parties and executed with the same formality as this Agreement. No waiver
of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of
the same or similar nature.
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20. MUTUAL COOPERATION:
Each party shall, at any time and from time to time hereafter, take any and all steps and
execute, acknowledge and deliver to the other party, any and all future instruments and/or
documents that the other party may reasonably require for that purpose of giving full force and
effect to the provisions of this Agreement.
21. INTEGRATION:
This Agreement constitutes the entire understanding of the parties and supersedes any and.
all prior agreements and negotiations between them. There are no representations or warranties
other than those expressly set forth herein.
22. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties hereto and their
respective legatees, devises, heirs, executors, administrators, successors and assigns in the interest
of the parties. 7
23. OTHER DOCUMENTATION:
Wife and Husband covenant and agree that they will forthwith and within thirty (30) days
after demand or due date, execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or
desirable for the proper effectuation of this Agreement, and as their respective counsel
shall mutually agree, should be so executed in order to carry out fully and effectively the terms of
this Agreement.
24. NO WAIVER. OF DEFAULT:
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
party hereafter to enforce the same, not shall the waiver of any subsequent default of the same or
similar nature, nor shall it be construed as a waiver of strict performance of any other obligations
herein.
25. BREACH:
If either party breaches any provision of this Agreement, the other party shall have the
rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which
the party may have, and the party breaching this Agreement shall. be responsible for payment of
attorney fees and all costs incurred by the other in enforcing his or her rights under this
Agreement.
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26. SEVERABILITY:
If any term, condition, clause or provisions of this Agreement shall be determined or
declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this Agreement shall be
valid and continue in full force, effect and operation. Likewise, the failure of any party
to meet his or her obligations under any one or more of the provisions herein, with the exception of
the satisfaction of the conditions precedent, shall in no way avoid or alter the
remaining obligations of the parties.
27. LAW OF PENNSYLVANIA APPLICABLE:
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
28. HEADINGS NOT PART OF AGREEMENT:
Any headings preceding the text of the several paragraphs/provisions and subparagraphs
hereof, are inserted solely for convenience of reference and shall not constitute a part of this
Agreement nor shall they affect its meaning, construction or effect.
29. DIVORCE:
The parties hereto agree that their marriage is irretrievably broken, and subsequent to the
filing of a Complaint in Divorce, both parties agree to enter into a mutual consent divorce under
Section 3301(c) of the Pennsylvania Divorce Code of 1984, as amended February 12,1988. The
parties further agree to sign the necessary documents, including the Affidavit of Consent and
Waiver, concurrently with the execution of this Agreement. This Agreement shall be incorporated,
but shall not merge, into the final decree in divorce.
WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year
first above written.
Witness:
9
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CIVW &A'"
On this day of S''`'4444- . 2008, before me, the subscriber, a
Notary Public, in and for the said. Commonwealth and County, came the above-named person,
Brenda M. Staab ,satisfactorily proven to me to be the person whose name is subscribed to the
within instrument and acknowledged. that she executed the same for the purposes stated herein
contained and that such instrument may be filed and/or recorded.
WITNESS my hand and Notarial seal.
11
NOTARY PUBLIC
MY COMMISSION EXPIRES:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
LMOMYCON11111iftion ERTA E. BIESECKER, Notary Public
mp Hill Born, Cumberland County
Expires Judy 23, 2009
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C1W1h6-61Pt*Nb
SS:
On this /'' _ day of 40" cl e,. 2008, before me, the subscriber,
Notary Public, in and for the said Co ionwealth and County, came the above-named person,
Kevin J. Std bb satisfactorily proven to me to be the person whose name is subscribed to the
within instrument and acknowledged that he executed the same for the purpose herein contained
and that such. instrument may be filed and/or recorded.
WITNESS my hand and Notarial Seal.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ROSERTA E. BIESECKER, Notary Public
Camp Hill Born, Cumberland County
My Ctx=Mion Expires Judy 23, 2009
t_ C? `rl
ABRAHAM LAW OFFICES
45 East Main Street, Hummelstown, PA 17036
(717) 566-9380
BRENDA M. STAAB : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 08 - 347 CIVIL TERM
KEVIN J. STAAB : CIVIL ACTION - LAW
Defendant : DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:.
Transmit the Record, together with the following information, to the court for the entry
of a divorce decree:
1. Ground for Divorce: irretrievable breakdown under Section (x) 3301(c)
( ) 3301(d)(1) of the Divorce Code.
2. Date and manner of service of the Complaint: January 31, 2008, see attached Affidavit
of Acceptance of Service.
3. Complete either paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 3301(c)
of the Divorce Code: by Plaintiff on 9/17/08; and by Defendant on 9/17/08.
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the
Divorce Code:
(2) Date of filing and service of plaintiff's affidavit upon the Defendant
4. Related claims pending: None pursuant to 9/17/2008 Marital Settlement Agreement.
5. Complete either paragraph (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: 10/9/08.
(c) Date Defendant's Waiver of Notice was filed with the Prothonotary: 10/9/08.
Respectfully su tted:
James W. Abraham, Esquire
Abraham Law Offices
45 East Main Street
Hummelstown, PA 17036
(717) 566-9380
DATE: 10/9/08 Attorney for Plaintiff, Brenda M. Staab
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
BRENDA M. STAAB
VERSUS
KEVIN J. STAAB
DECREE IN
DIVORCE
AND NOW, 1-24A. 1S- , 2008
N O . 08 - 347
DECREED THAT
AND
BRENDA M. STAAB
, IT IS ORDERED AND
, PLAINTIFF,
KEVIN J. STAAB
. 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;
rr+ho turn r; +a l Qp+.+.1 amPnt Acrrpement dated Sentember 17, 2008 and attached hereto
BY THE COURT:
PROTHONOTARY
shall be incorportbed, but shall not merge, into the Decree in Divorce.
O;M-46
ABRAHAM LAW OFFICES,LLC
45 East Main Street,Hummelstown, PA 17036
717-566-9380; Fax 566-9385;abelaw@comcast.net
Attorney for Plaintiff/Petitioner,Brenda M. Staab
BRENDA M. STAAB : IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 08—347 CIVIL
KEVIN J. STAAB : CIVIL ACTION—LAW ;;;LA.) c
Defendant/Respondent : DIVORCE
_
PLAINTIFF/PETITIONER'S PETITION FOR SPECIAL RELIEF y c
FOR ENFORCEMENT OF MARITAL AGREEMENT AND = ---
DISPOSITION/SALE OF REAL ESTATE
(Pursuant to Pa.R.C.P. Section 1920.43) '
AND NOW, comes Plaintiff/Petitioner, Brenda Staab, by and through her
attorney, James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown,
Pennsylvania, and files the following:
1. Defendant/Petitioner, Brenda M. Staab(hereinafter"Wife"), is an adult
individual who resides at 240 Maine Street, Toms River,New Jersey.
2. Defendant/Respondent, Kevin J. Staab(hereinafter"Husband")is an adult
individual who resides at 59 Jury Street, Highspire, Dauphin County,Pennsylvania.
3. The parties were divorced on October 15, 2008 in Cumberland County and the
parties' Marital Settlement Agreement dated September 17, 2008 (hereinafter"the
Agreement")was incorporated,but not merged, into the Decree. A true and correct copy
of the Decree in Divorce and the Agreement are attached hereto as Exhibit"A".
4. Paragraph 8 of the Agreement(hereinafter"Paragraph 8") states the
disposition of the parties' real property, which included the former marital residence in
Camp Hill, Cumberland County, and a property in Highspire, Dauphin County,
Pennsylvania.
5. As stated in Paragraph 8,the parties stipulated and agreed to the gross value
of the Camp Hill property to be$180,000.00 and the gross value of the Highspire
property to be$91,000.00.
6. As stated in Paragraph 8,the Highspire property was purchased with a
$120,000.00 line of credit,taken against the Camp Hill property, and$30,000.00 of the
$120,000.00 line of credit was used to pay off the existing mortgage against the Camp
Hill property, and the remaining$90,000.00 was used to purchase the Highspire property,
in April, 2008.
7. As stated in Paragraph 8,the parties would receive fifty(50%)of the net value
of the Camp Hill property and the Highspire property combined, as said net value was
$151,000.00 ($1 80,000.00 plus $91,000.00= $271,000.00,minus the$1 20,000.00 line of
credit= $151,000.00 net value of both properties).
8. Wife submits that fifty(50%)percent of the net value of both properties is
approximately $75,500.00.
9. As stated in Paragraph 8,the Camp Hill property was to be sold as of June 21,
2012,when the parties' daughter was scheduled to graduate from high school,which sale
would pay part of Wife's $75,500.00, i.e., fifty(50%)percent share of both properties;
and that the Highspire property was also to be sold in order to pay Wife the remaining
amount due to Wife so that Wife received her aforesaid$75,500.00, or Husband had the
option to refinance the Highspire property in order to pay Wife said amount.
10. In November, 2010,the parties agreed to modify Paragraph 8 and accelerate
the time for the sale of the Camp Hill property and sale and/or refinance of the Highspire
property, as a few months earlier, in August, 2010, Husband was formally arrested and
charged with felony child pornography in Dauphin County, Pennsylvania, and the parties
agreed that it would be best for their daughter if Wife and daughter would move from the
Camp Hill property and said property would be listed for sale; and in conjunction with
accelerating the said time period to sell Camp Hill, Husband was given the opportunity to
refinance the Highspire property as stated in Paragraph 8, and Husband secured an Eighty
Thousand($80,000.00) Dollar line of credit against the Highspire property, which was to
be used to pay Wife's share of the equity in both properties pursuant to Paragraph 8. A
true and correct copy of the first page of said mortgage is attached hereto as Exhibit`B".
11. At the end of the 2010-2011 school year, Mother vacated the Camp Hill
property and relocated to New Jersey with the parties' daughter, however, since said
time, Husband has continually refused to list the Camp Hill property for sale, even
though neither party has resided at said residence since June, 2011.
12. Since June, 2011, Wife has repeatedly requested Husband to list the Camp
Hill property for sale and Wife, through her lawyer, by letter of September 9, 2011, sent a
real estate listing agreement to Husband and Husband again failed to respond or list the
property for sale. A true and correct copy of the September 9, 2011 letter and listing
agreement are attached hereto as Exhibit"C".
13. Husband retained private defense counsel for his criminal case and plead
guilty to the felony child pornography charges in March, 2013, and was incarcerated, and
then released on parole on September 9, 2013, and Wife believes and therefore avers that
due to Husband's lengthy criminal action and defense, Husband may have used all of his
Eighty Thousand ($80,000;00)Dollar Highspire property line of credit to pay for his
legal defense and/or living expenses, and that very little of said line of credit is left to pay
Wife her equitable share of both properties pursuant to Paragraph 8.
14. Wife submits that she is entitled to special relief and enforcement of the
Agreement, specifically, Paragraph 8, as a result of Husband's breach of the Agreement
and refusal to list the Camp Hill property for sale and that Husband is in further breach of
Paragraph 8 in that Wife believes and therefore avers, that Husband has used the
Highspire line of credit for his own personal use, as opposed to its intended purpose
pursuant to Paragraph 8, which was to pay Wife her equitable share of the equity of both
properties.
15. Wife submits that she is also entitled to special relief as regardless of the
parties' modification of the time for the sale of the properties in November, 2010, even
the original time period of June 1, 2012 as stated in Paragraph 8,has long expired and
Husband still refuses to list the Camp Hill property for sale.
16. Wife submits that she is entitled to an order to compel Husband to
immediately list both properties for sale at a price as determined by Wife and that Wife is
to receive any and all sales proceeds from the sale of both properties sufficient to pay to
Wife her aforesaid fifty(50%)percent and/or$75,000.00, and any shortfall from the sale
of both properties should be paid by Husband to Wife.
17. Wife further submits that Husband has also failed to pay$450.00 representing
one-half of the real estate taxes on the Camp Hill property,which Husband is obligated to
pay pursuant to Paragraph 8, and has failed to pay one-half of the cost of all repairs,
maintenance and upkeep pursuant to Paragraph 8, including but not limited to the cost to
replace the hot water heater, as Wife has made all of Wife's one-half payments regarding
the Camp Hill property in accordance with Paragraph 8.
18. As a result of Husband's deliberate and intentional refusal to list the
properties for sale in order for Wife to receive her equitable share of the properties as
mandated by,and pursuant to,the terms and conditions of the Agreement, said refusal
constitutes a breach of the Agreement, and in accordance with Paragraph 25 of the
Agreement "BREACH", Wife is entitled to reimbursement of her attorney fees and costs
for this enforcement action in the amount of Four Thousand Five Hundred($4,500.00)
Dollars.
WHEREFORE,Plaintiff/Petitioner, Brenda M. Staab, respectfully requests Your
Honorable Court to grant the following special relief:
1. Order the Camp Hill property and the Highspire property to be immediately
listed for sale and sold at a price as determined by Wife.
2. Order Husband to sign listing agreements with a realtor of Wife's choosing
and permit Wife to determine the listing price and final sales price for each
property,upon presentation of the listing agreements to Husband.
3. Order Husband to sign the deeds and all related documents for the sale of the
Camp Hill property and the Highspire property immediately upon the request
of Wife.
4. Order that in the event the sale of both properties is insufficient to pay Wife
$75,500.00, Husband must pay the shortfall amount within ninety (90)days of
the sale of the last property.
5. Order Husband to reimburse Wife for any payments by Wife of Husband's
one-half share of the taxes,repairs and maintenance of the Camp Hill
property.
6. Order Husband to pay Wife's attorney fees in the amount of Four Thousand
Five Hundred($4,500.00) Dollars in accordance with Paragraph 25 of the
Agreement.
7. Any other relief the Court may deem proper.
Respectfully submitted:
James W. Abraham, Esquire
Abraham Law Offices, LLC
45 East Main Street
Hummelstown, PA 17036
717-566-9380
Attorney for Plaintiff/Petitioner,
Brenda M. Staab
DATE: 1/17/14
EXHIBIT "A"
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3 IN THE COURT OF COMMON PLEAS
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o OF CUMBERLAND COUNTY o
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° STATE OF � � PEN NA. o
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0 BRENDA M. STAAB
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o VERSUS O
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O
0 KEVIN J. STAAB 0
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o AND NOW, Oct. 15 , 2008 , IT IS ORDERED AND o 0
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o BRENDA M. STAAB 0
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0 KEVIN J. STAAB 0
o AND , DEFENDANT, 0
0 0 0
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o 0 ARE DIVORCED FROM THE BONDS OF MATRIMONY. 0
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0 0
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oo THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE o
0 0
0 BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT 0
0 0 0
o YET BEEN ENTERED; o
0
0 0 0
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o The Marital Settlement Agreement dated September 17,2008 and attached hereto 0
0 0
0 0
0 shall be incorporated, but shall not merge, into the Decree in Divorce. 0
0 0
0 0
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0 1 ,_. 4A 0
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0 -, _ - - - . BY THE COURT: o
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J. Wesley Oler, Jr. o
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0 - ATTEST: J. 0
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0 - ;�s 0((/?:0 z f o
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° Certified Copy Issued: :ctober 1 , 2008 °
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•
BRENDA M. STAAB : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. :NO. 08—347 CIVIL
KEVIN J. STAAB : CIVIL ACTION—LAW
Defendant : DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this /771.k/ day of &P+C btr- , 2008,by and
between.Brenda M. Staab ("Wife"), of Camp Hill, Pennsylvania, and.Kevin.1. Staab ("Husband"),
of Highspire, Pennsylvania.
WITNESSETH
WHEREAS,the parties hereto are Husband and Wife,married on April 1, 1994 in
Mechanicsburg,Pennsylvania. The parties are the parents of Kelly Ann Staab,born May 2, 1994.
WHEREAS,diverse, unhappy differences,disputes and difficulties have arisen between the
parties and it is the intention of Husband and Wife to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous of settling fully and finally their
respective financial and property rights and obligations as between each other including,
without limitation by specification: the settling of all matters between them relating to the
ownership and equitable distribution of real and personal property, and the settling of any and all
claims and possible claims by one against the other or against their respective estates, as well as
any other matters related hereto.
NOW THEREFORE, in consideration of the mutual promises, covenants and undertakings
hereinafter set forth and for other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound
hereby, covenant and agree as follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS:
This Agreement shall not be considered to affect or bar the right of Husband and Wife to an
absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement is not intended to condone and
shall not be deemed to be a condonation on the part of either party hereto of any act or acts
on the part of the other party which have occasioned the disputes or unhappy differences which
may occur subsequent to the date hereof. The parties intend to secure a mutual consent,no-fault
divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended February
12, 1988.
2. EFFECT OF DIVORCE DECREE:
The parties agree that unless otherwise specifically provided herein,this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to the parties. The parties agree that in the event of absolute divorce between them,they
shall nonetheless continue to be bound by all the terms of this Agreement.
3. DATE OF EXECUTION:
The "date of execution" or "execution date" of this Agreement shall be defined as the date
of execution by the party last executing this Agreement.
4. DISTRIBUTION DATE:
The transfer of property, funds and/or documents provided for herein shall only take place
on the "distribution date" which shall be defined as the date of execution of this Agreement, unless
otherwise specified herein.
5. CONSENT OF PARTIES/ADVICE OF COUNSEL:
Husband and Wife acknowledge that they fully understand the facts as to their legal rights
and obligations under this Agreement. Husband and.Wife acknowledge and accept that this
Agreement is,under the circumstances, fair and equitable and that it is being entered into freely and
voluntarily, and that the execution of this Agreement is not the result of any collusion or improper
or illegal agreement or agreements. Husband and Wife acknowledge that they each have had
sufficient opportunity to seek the advice of counsel and to have this Agreement reviewed by their
own individual attorney prior to signing.
6. FINANCIAL DISCLOSURE:
The parties acknowledge, confirm and verify that each has relied on the substantial accuracy
of the financial disclosure of the other, except as set forth herein as an inducement to the execution
of this Agreement. In the event Husband or Wife has failed to disclose any information regarding
any marital asset and/or marital debt, the parties' reserve the right to equitable distribution of said
marital asset(s) and/or debt(s), even after the entry of a decree in divorce; and further reserve any
other rights which may arise from said non-disclosure, even after the entry of a decree in divorce.
7. PERSONAL PROPERTY:
Husband and Wife agree that Husband shall keep, as his sole and separate property, any
vehicle titled in his name and Wife shall keep, as her sole and separate property, any vehicle titled
in her name. Husband and Wife shall be solely responsible for any and all financial and legal
obligations regarding their respective vehicles, including but not limited to, loans and insurance,
and shall indemnify and hold the other harmless as to any default of their financial or legal
obligations.
2
Except as otherwise stated herein, Husband and Wife hereby acknowledge that they have
equitably divided all financial accounts, including but not limited to, stocks and IRA's, as well as
household furnishings and/or items and all other personal property, of whatever kind or nature,to
their mutual satisfaction and neither party shall make a claim against the property as agreed upon
and/or in the other's possession.
8.REAL PROPERTY:
Husband and Wife hereby agree that the marital residence, located at 3018 Harvard Avenue,
Camp Hill,Pennsylvania(hereinafter"the Camp Hill property") is marital property.
Husband and Wife hereby agree that the property located at 59 Jury Street, Highspire,
Pennsylvania(hereinafter"the Highspire property") is marital property as Husband and Wife
refinanced the remaining Chase Bank mortgage on the Camp Hill property in the amount of
$30,000.00, through a home equity loan against the Camp Hill property with Commerce Bank
which was used to purchase the Highspire property free and clear of any mortgage or loan.
Husband and Wife agree that for equitable distribution purposes, the gross value of the
Camp Hill property is $180,000.00 and the gross value of the Highspire property is$91,000.00.
Husband and Wife agree that as of June 1, 2012,the date of the high school graduation of
the parties' daughter,the Camp Hill property and the Highspire property shall be listed for sale
with a realtor of Wife's choosing and sold at fair market value. Husband and Wife shall each be
entitled to fifty (50%)percent of the net sales proceeds from the sale of said properties.
Husband and Wife further agree that prior to the sale of the Camp Hill property and the
Highspire property, Husband may keep the Highspire property as his sole and separate property if
Husband secures a mortgage or loan against the Highspire property in an amount sufficient to pay
Wife her fifty(50%)percent of the equity in the Camp Hill property and the Highspire property.
Pending the sale of the Camp Hill property and/or the Highspire property as stated herein,
the parties agree as follows:
A. Wife shall have exclusive possession of the Camp Hill property and Husband shall have
exclusive possession of the Highspire property.
B. Husband shall not sell or transfer the title to the Highspire property or enter into any
kind of agreement of sale and shall not lease the Highspire property,without Wife's
written permission.
C, Husband shall not use the Highspire property as collateral for any loan or mortgage and
shall not encumber the Highspire property in any manner or form, without Wife's
written permission.
3
D. Husband shall be fully responsible to pay the monthly payment on the existing home
equity loan with Commerce Bank.
E. Husband shall be fully responsible to pay the real estate taxes, homeowners insurance
and any and all financial obligations as to the Highspire property, including but not
limited to,utilities,trash and sewer and shall be responsible to pay for any and all
repairs to the property. Husband further agrees to maintain said property in good
condition and to make any necessary repairs or maintenance in order to maintain its
current fair market value. Husband shall indemnify Wife and hold Wife harmless from
any default of the aforesaid financial and legal obligations.
F. Husband shall pay and be responsible for one-half(1/2) of the real estate taxes and
homeowner's insurance for the Camp Hill property and one-half(1/2) of the cost of any
major repairs to the Camp Hill property, which major repairs include, but are not limited
to,repairs to the roof,basement, furnace, air conditioning, plumbing, electrical and
structural repairs. Husband shall pay the aforesaid financial and/or legal obligations
within thirty (30) days of Wife's request to do so.
G. Wife shall pay and be responsible for the other one (1/2)half of said financial and legal
obligations as to the Camp Hill property. Husband and.Wife further agree to maintain
said property in good condition and to make any necessary repairs or maintenance in
order to maintain its fair market value. Husband and Wife agree to indemnify the other
and hold the other harmless from any default of their aforesaid financial and legal
obligations.
H. In the event Husband is in breach of any of the conditions as stated in this paragraph,
Husband agrees to immediately list the Highspire property for sale with a realtor of
Wife's choosing and to sell the property at fair market value and said sales proceeds
shall be exclusively used to pay off or pay against the home equity loan with Commerce
Bank.
9. CHILD SUPPORT:
Husband agrees to pay Wife the amount of$440.00 per month in child support as follows:
A. $440.00 per month, which was the monthly payment amount of the original Chase
mortgage against the Camp Hill property, shall be considered paid to Wife as part of
Husband's payment of the Commerce home equity loan against the Camp Hill property,
B. In the event Wife files for child support through Domestic Relations,Wife shall forfeit
and waive her entitlement to fifty (50%)percent of the equity in the Camp Hill property
and Highspire property as stated in Paragraph 8 herein.
4
C. In the event Husband fails to pay the mortgage each month and/or defaults on said
mortgage or Husband defaults as to his legal and financial obligations as to the Camp
Hill property and Highspire property as stated in Paragraph 8 herein or fails to pay Wife
alimony as stated in Paragraph 11 herein, Wife shall be permitted to file for child
support through Domestic Relations and Wife will not forfeit or waive her entitlement
to fifty (50%)percent of the equity in the Camp Hill property and Highspire property as
stated in Paragraph 8 herein.
I I. CHILD CUSTODY:
Husband and.Wife agree to the following as to custody:
A. Husband and Wife agree that they shall have joint legal custody of their child,Kelly Ann
Staab,born May 2, 1994, as to all decisions regarding the health, education and general
welfare of the child.
B. Husband and Wife agree that Wife shall have primary physical custody of the child and
shall reside with.Wife. Husband shall have partial custody of the child on mutually
agreed upon weekends.
C. Husband shall have additional times of partial custody as mutually agreed by the parties.
D. Husband and Wife each reserve the right to modify the custody rights as stated herein
by agreement or through the Court.
11. ALIMONY:
Husband and Wife agree that Husband shall pay to Wife the amount of Two Hundred
($200.00)Dollars per month in alimony,which alimony payments shall commence with the signing
of this Agreement and shall be paid every month,on or before the l't of each month,until June 1.,
2012,the date of termination. The amount and term of alimony shall be non-modifiable. Alimony
shall be included as income to Wife and deductible to Husband for income tax purposes. Alimony
shall not otherwise terminate except for the death of either party.
5
12. PENSION AND RETIREMENT BENEFITS/FINANCIAL ACCOUNTS:
Husband and Wife shall forever waive any and all past,present or future, legal or equitable
interest in any pension and/or retirement benefits of the other, which either party may have now or
in the future; and neither party shall make any claim against the other's pension or retirement
benefits at any time
13. AFTER ACQUIRED PROPERTY:
Each of the parties shall own and enjoy, independently of any claims or right of the other,
all items of personal property, tangible or intangible, and/or real property, acquired by him or her,
after the date of final separation,on or about May 3, 2008, with full power in him or her to dispose
of the same as fully and effectively, in all respect and for all purposes, as though he or she were
unmarried.
14. WIFE'S DEBTS:
Wife represents and warrants to Husband that since the date of final separation, on or about
May 3,2008, she has not contracted or incurred any debt or liability for which Husband or his
estate might be responsible and Wife further represents and warrants to Husband that she will not
contract or incur any debt or liability after the execution of this Agreement for which Husband or
his estate might be responsible. Wife shall indemnify and save harmless Husband from any and all
claims or demands made against Husband by reason of debts or obligations incurred.by Wife.
15. HUSBAND'S DEBTS:
Husband represents and warrants to Wife that since the date of final separation,on or about
May 3, 2008,he has not contracted or incurred any debt or liability for which Wife or her estate
might be responsible and Husband further represents and warrants to Wife that he will not contract
or incur any debt or liability after the execution of this Agreement for which Wife or her estate
might be responsible. Husband shall indemnify and save harmless Wife from any and all claims or
demands against Wife by reason of debts or obligations incurred by Husband.
16. WAIVER OF RIGHTS:
The parties hereto fully understand their rights under and pursuant to the Divorce Code,Act
of 1980, as Amended February 12, 1988,particularly the provisions for alimony, alimony pendente
lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Both.
parties agree that this Agreement shall conclusively provide for the distribution of property under
the said law and the parties hereby waive, release and forever relinquish any further rights they may
respectively have against the other for equitable distribution of marital property, attorney fees and
expenses.
6
17. PERSONAL RIGHTS:
Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall
be free from any control.,restraint, interference or authority,direct or indirect,by the other in all
respects as fully as if they were unmarried. They may reside at such place or places as they may
select. Each may, for his or her separate use or benefit, engage in any business, occupation,
profession or employment which to him or her may seem advisable. Husband and Wife shall not
molest,harass, disturb or malign each other or the respective families of each other nor compel or
attempt to compel the other to cohabitate or dwell by any means or in any manner whatsoever with
him or her.
18. MUTUAL RELEASE:
Except as otherwise stated in this Agreement, Husband and Wife each hereby mutually
remise,release, quitclaim and forever discharge the other and the estate of each other, for all time
to come,and for all purposes whatsoever, of and from any and all rights,title and interests,or
claims in or against the property (including income and gain from property hereafter accruing) of
the other or against the estate of each other, of whatever nature and wheresoever situate,which he
or she now has or may have at any time in the future.
Except as otherwise stated in this Agreement,Husband and Wife each hereby further
mutually remise,release, quitclaim,waive and forever discharge the other and the estate of each
other,for all time to come and for all purposes whatsoever,of and from any and all rights which
either party may have, or at any time hereafter have, for past,present or future equitable
distribution of marital property, attorney fees, costs or expenses,whether arising as a result of the
marital relation or otherwise, except, and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
provision thereof.
It is the intention of Husband and.Wife to give to each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of any kind
or nature,real,personal or mixed,which the other now owns or may hereafter acquire,except and
only except all rights and agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision thereof.
19. WAIVER OR MODIFICATION TO BE IN WRITING:
A modification or waiver of any of the terms of this Agreement shall be effective only if in
writing,signed by both parties and executed with the same formality as this Agreement.No waiver
of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of
the same or similar nature.
7
20. MUTUAL COOPERATION:
Each party shall, at any time and from time to time hereafter, take any and all steps and
execute,acknowledge and deliver to the other party, any and all future instruments and/or
documents that the other party may reasonably require for that purpose of giving full force and
effect to the provisions of this Agreement.
21. INTEGRATION:
This Agreement constitutes the entire understanding of the parties and supersedes any and.
all prior agreements and negotiations between them. There are no representations or warranties
other than those expressly set forth herein.
22. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties hereto and their
respective legatees, devises, heirs, executors, administrators, successors and assigns in the interest
of the parties. 7
23. OTHER DOCUMENTATION:
Wife and.Husband covenant and agree that they will forthwith and within thirty(30) days
after demand or due date, execute any and all written instruments, assignments,releases,
satisfactions, deeds,notes, stock certificates,or such other writings as may be necessary or
desirable for the proper effectuation of this Agreement, and as their respective counsel
shall mutually agree, should be so executed in order to carry out fully and effectively the terms of
this Agreement.
24.NO WAIVER OF DEFAULT:
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or
similar nature,nor shall it be construed as a waiver of strict performance of any other obligations
herein.
25. BREACH:
If either party breaches any provision of this Agreement,the other party shall have the
rights,at his or her election, to sue in law or in equity to enforce any rights and remedies which
the party may have, and the party breaching this Agreement shall be responsible for payment of
attorney fees and all costs incurred by the other in enforcing his or her rights under this
Agreement.
8
26. SEVERABILITY:
If any term, condition, clause or provisions of this Agreement shall be determined or
declared to be void or invalid in law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other respects this Agreement shall be
valid and continue in full force, effect and operation. Likewise,the failure of any party
to meet his or her obligations under any one or more of the provisions herein,with the exception of
the satisfaction of the conditions precedent, shall in no way avoid or alter the
remaining obligations of the parties.
27. LAW OF PENNSYLVANIA APPLICABLE:
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
28. HEADINGS NOT PART OF AGREEMENT:
Any headings preceding the text of the several paragraphs/provisions and subparagraphs
hereof, are inserted solely for convenience of reference and shall not constitute a part of this
Agreement nor shall they affect its meaning, construction or effect.
29. DIVORCE:
The parties hereto agree that their marriage is irretrievably broken, and subsequent to the
filing of a Complaint in Divorce, both parties agree to enter into a mutual consent divorce under
Section 3301(c)of the Pennsylvania Divorce Code of 1980, as amended February 12, 1988. The
parties further agree to sign the necessary documents, including the Affidavit of Consent and
Waiver, concurrently with the execution of this Agreement. This Agreement shall be incorporated,
but shall not merge, into the final decree in divorce.
WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year
first above written.
Witness:
#ft
611. ILLAIAAIdalii..41114/
l° NDA M. STAAB
"�L
KEV 1. S B
9
COMMONWEALTH OF PENNSYLVANIA
•
SS:
COUNTY OF C101/3"C41 ••
On this / 7 day of s .le-v, , 2008, before me, the subscriber, a
Notary Public, in and for the said Commonwealth and County, came the above-named person,
Brenda M. Staab , satisfactorily proven to me to be the person whose name is subscribed to the
within instrument and acknowledged that she executed the same for the purposes stated herein
contained and that such instrument may be filed and/or recorded.
WITNESS my hand and Notarial seal.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ROBERTA E. BIESECKER, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires July 23, 2009
•
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cu/'yi6/e.C�l-�2D
SS:
On this /'7 day of ,2008, before me,the subscriber,
Notary Public, in and for the said Co onwealth and County, came the above-named arced person,
Kevin J. Staab satisfactorily proven to me to be the person whose name is subscribed to the
within instrument and acknowledged that he executed the same for the purpose herein contained
and that such instrument may be filed and/or recorded.
WITNESS my hand and.Notarial Seal.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ROBERTA E. BIESECKER, Notary Public
Camp Hill Boro, Cumberland County
My Commission Expires July 23, 2009
1
•
EXHIBIT "B"
• INSC#: 20110001839 Kecoraea: vi poi 4%/J.J. -
RECORDER OF DEEDS, DAUPHIN COUNTY,PA. RECORDED BY DEPUTY CLERK: CMECK TAO
LMINNAUGH
•
Return To: Prepared By:
Citizens Bank Citizens Bank
Consumer Loan Operations-RJW215 Beth Romano
1 Citizens Drive Retail Lending Services
Riverside,RI 02915 480 Jefferson Boulevard
O 05 b t) Warwick,RI 02886
1-800-894-4619
Parcel ID# 300140520000000
Collateral Address;
59 JURY STREET,HIGHSP!RE,PA 17034
Master Mortgage Form Recorded By Citizens Bank of Pennsylvania In Volume
,Page
Instrument#20080017716 , DAUPHIN County,
Pennsylvania Records
PENNSYLVANIA
HOME EQUITY LINE OF CREDIT
OPEN-END MORTGAGE
(Securing Future Advances)
INCORPORATING THE OPEN-END MASTER MORTGAGE FORM
RECORDED BY CITIZENS BANK OF PENNSYLVANIA
MAXIMUM PRINCIPAL AMOUNT$ 81,000.00
KNOW ALL MEN BY THESE PRESENTS:
That on 11/22/2010 ,the mortgagor,
KEVIN J STAAB
•
'MIS DOCUMENT IS FILED FOR
RECORD BY I,SI AS AN ACCOMODATION
ONLY.IT HAS NOT BEEN EXAMINED
AS TO ITS EXECUTION OR AS TO ITS
EFFECT UPON THE TITLE
PAMMSFOPEN 12/09F REV. Page 1 11/21/2010
t' HUI mLE II I1I1I1I111II'I0Iqq lll
11111 11II
r VT 1'IAA AL9A
• INSTRUMENT #: 10110001ti. G yr o
whose address is 59 JURY STREET,HIGHSPIRE,PA 17034 C'Property
Address");(hereafter"Borrower"),in consideration of a loan in the amount of$ 81,000.00
made available by CITIZENS BANK OF PENNSYLVANIA,a Pennsylvania banking association,whose
address is 1735 Market Street,Philadelphia,PA 19103 (hereafter"Lender"),the receipt whereof is hereby
acknowledged,does hereby grant,bargain,sell and convey to the said Lender,its successors and assigns
forever,the following real property,situated in the County of DAUPHIN
in the State of Pennsylvania("Property")and more particularly described as follows:
SEE EXHIBIT A ATTACHED HERETO AND BY REFERENCE MADE A PART
HEREOF
and all the Estate, Title and Interest of the said Borrower either in law or equity, of, in and to the said
premises;together with all the privileges and appurtenances to the same belonging,and all the rents, issues
and profits thereof;to have and to hold the same to the only proper use of the said Lender,its successors and
assigns forever.
1. Definitions: In addition to the definitions set forth in the Open-End Master Mortgage form referenced
in Section 4 hereof,which definitions shall apply to all capitalized terms contained herein which are not
otherwise specifically defined,the following term shall have the following meaning:
(a)"Note"means the Promissory Note or Agreement signed by Borrower,delivered to Lender and
dated 11/22/2010 . The Note states that Borrower owes the Lender$ 81,000.00 plus interest.
Borrower promises to pay this debt in regular Periodic Payments and to pay the debt in full not later than
11/29/2035 .
2. THLS IS A FUTURE ADVANCE MORTGAGE. The repayment of which debt is evidenced by a
Credit Line Agreement(the"Agreement")made in favor of the Lender by the Borrower and dated the same
date as this Security Instrument,under which the Borrower and the Lender reasonably contemplate that there
will be a series of advances,payments and readvances but which limits the aggregate principal indebtedness
at any time outstanding to a maximum principal amount,minding protective advances,of
$ 81,000.00 including,but not limited to,any future advances,with interest thereon.
3. Payment of Principal.Interest and Other Charnes. Borrower will pay when due the principal of,and
interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note.
4. Incorporation of Terms and Conditions of Master Mortaane Form Recorded by Lender. Borrower
covenants and agrees that it shall be bound by the terms,conditions and provisions set forth in that certain
Open-End Master Mortgage Form recorded in Official Record in Volume
,Page ,Instrument
#20080017716 ,of the DAUPHIN County("Master Mortgage").
Upon the occurrence of a default under the terms of such Master Mortgage,Lender shall be entitled to pursue
all remedies specified in such Master Mortgage against the Borrower and the Property.
Page 2
• INSTRUMENT if: ZUllUUUta.�y eru.mr,
Borrower has been provided with a copy of the Master Mortgage from Lender and acknowledges receiving it
along with this Home Equity Line of Credit Open End Mortgage.
5. Defeasance, This Security Instrument is given to secure the advances made by Lender to Borrower
under the Note,which Note has a maturity date of 11/29/2035 . Upon the repayment in full of the
amounts advanced under the Note,all accrued interest under the Note and all incidental amounts as set forth
in the Master Mortgage,this Security Instrument shall be void.
6. REQUEST FOP.NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage,deed
of trust or other encumbrance with alien which has priority over the Security Instrument to give Notice to
Lender's address set forth on page one of the Security Instrument,of any default under the superior
encumbrance and of any sale or other foreclosure action.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 3
. INSTRUMENT #: 1011000) ts., r.,l,a v yr v
IN WITNESS WHEREOF,Borrower has executed this Mortgage.
BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in the
Security Instrument and in any Rider(s)executed by Borrower and recorded with it.
Signed,sealed and delivered:
KEVIN J STAAB
GENERAL PROVISIONS INCORPORATED BY REFERENCE AND NOT TO BE
RECORDED
SEE MASTER MORTGAGE FORM REFERRED TO HEREIN
Page 4
•
•
EXHIBIT "C"
AB' ,HAM LAW OFFICEF'JLC
James W.Abraham—Attorney at Law
45 EAST MAIN STREET,HUMMELSTOWN,PA 17036
(717)566-9380-Fax(717)566-9385
abrahamlawoffices.com-abelawAcomcast.net
1-866-9-ABE-LAW-Camp Hill Office(717)763-1700
September 9, 2011
CERTIFIED & REGULAR MAIL
Kevin J. Staab
59 Jury Street
Highspire, PA 17034
RE: Camp Hill Property
Highspire Property
Dear Mr. Staab:
As you may recall,this office represents your ex-wife, Brenda Staab. I have been advised by
Ms. Staab that she has rejected your recent proposal to invest money into the Camp Hill property
for purposes of its sale. It remains Ms. Staab's position to list the property for sale with a realtor
at its current fair market value, and in its current condition, and without spending thousands of
dollars in repairs.
As you recall, in August or September, 2010, in view of your pending criminal charges and Ms.
Staab's position to relocate, you agreed to sell the Camp Hill property and to use the net sales
proceeds to pay Ms. Staab's fifty (50%)percent share of the net value of the Camp Hill property.
To do so, a home equity line of credit was taken against the Highspire property. In accordance
with the marital agreement, the funds available from the Highspire property line of credit are to
be used exclusively for the repayment of the home equity loan obligation against the Camp Hill
property, and payment of Ms. Staab's aforesaid fifty (50%) percent share.
Also in accordance with the marital agreement,the personal property currently stored at the
Camp Hill property is the sole and separate property of Ms. Staab under the marital agreement
and you have absolutely no rights whatsoever to that property.
I have enclosed the listing agreement for the realtor to proceed to sell the Camp Hill property.
The listing price is $149,900.00. As you may know,regardless of the current real estate market,
if there is any community in Central Pennsylvania which is not significantly affected by an
overall bad real estate market, it is the Borough of Camp Hill,which is one of the most sought
after areas to purchase real estate.
In the event you do not agree to sign the enclosed listing agreement and documentation, my
client will have no choice but to proceed to court to enforce the marital agreement. You must
initial each page as well.
•
Page Two
Staab 9/9/11
It is not my client's position to spend time and money in court. The most simple and effective
way to proceed is for you to initial and sign the enclosed forms to list the Camp Hill property for
sale; return them to my office and I will have Ms. Staab initial/sign as well and submit them to
the realtor.
Also, within ten(10) days of your receipt of this letter,please provide this office with a
statement from Citizens Bank confirming that, in accordance with the marital agreement,you
have not used any money from the line of credit; and please verify that you have not otherwise
encumbered the Highspire property with any kind of loan, lien or tax issue.
If you have any questions,please have your attorney contact this office. If you do not have an
attorney, you may contact this office, but only in writing as I do not communicate with pro se
parties over the telephone or in person in order to avoid any confusion as to what is discussed.
Sincerely,
JWAbraham
James W. Abraham
JWA:da
Enclosure
c: Brenda Staab
• { _.-
LISTING CONTRACT(SELLER AGENCY CONTRACT) XLS
EXCLUSIVE RIGHT TO SELL REAL ESTATE
This form reoommanded and approved for,bid not restricted to use by,the members of dm Pennsylvania Asaaciatiun of Realtor,®(PAR).
I. Broker(Company)Exit Platinum Plus Realty Licensee(s)(Name) Sean Halo
2
3 Company Address 3560 Gettvabura Rd., Camp Hill, PA Direct Phone(s) (717) 920-6464
4 17011 Cell Phone(s)
5 Company Phone (717)920-2900 Fax (717)920-6465
6 CompanyFax (7171,730-6060 Email seen @teamreo.Qom
7 SELLER Kevin Staab, Brenda Staab
8
9 SELLER'S MAILING ADDRESS
10
11 PHONE FAX
12 E-MAIL
13 Seller understands that this Listing Contract is between Broker and Seller.
14 Does Seller have a listing contract for this Property with another broker? ❑ Yes ® No
15 If yes,explain: f�Q �f j
16 1. PROPERTY LISTED PRICE$ P ! ! t) 106
17 Address 3018 Harvard Ave Camp Hill PA ZIP 17011
18 Municipality(city,borough,township) Camp Hill
19 County Cumberland School District Camp Hill
20 Zoning Residential
21 Present Use
22 Identification(For example,Tax ID#;Parcel#;Lot,Block;Deed Book,Page,Recording Date) 01220533074
23
24 2. STARTING&ENDING DATES OF LISTING CONTRACT(ALSO CALLED"TERM")
25 (A) No Association of REALTORS®has set or recommended the term of this contract.Broker/Licensee and Seller have discussed
26 and agreed upon the term of this Contract.
27 (B) Starting Date:This Contract starts when signed by aroker and er,unless otherwise stated here:
28 (C) Ending Date:This Contract ends at 11:59 PM on €L 1. _ 1D , .By law,the term of a listing contract may not
29 exceed one year.If the Ending Date written in this Contract creates a term that is longer than one year, the Ending Date is au-
30 tomaticaily 364 days from the Starting Date of this Contract.
31 3. DUAL AGENCY
32 Seller agrees that Broker and Broker's Licensees may also represent the buyer(s) of the Property. A Broker is a Dual Agent when a
33 Broker represents both a buyer and Seller in the same transaction.A Licensee is a Dual Agent when a Licensee represents a buyer
34 and Seller in the same transaction.All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for
35 a buyer and Seller.If the same Licensee is designated for a buyer and Seller, the Licensee is a Dual Agent. Seller understands that
36 Broker is a Dual Agent when a buyer who is represented by Broker is viewing properties listed by Broker.
37 4. DESIGNATED AGENCY
38 Designated Agency is applicable,unless checked below.Broker designates the Licensee(s) above to exclusively represent the inter-
39 WAS of Seller.If Licensee is also the buyer's agent,then Licensee is a DUAL AGENT.
40 ❑ Designated Agency is not applicable.
41 5. BROKER'S FEE
42 (A) No Association of REALTORS®has set or recommended the Broker's Fee.Broker and Seller have negotiated the fee that Seller
43 will pay Broker.
44 (B) Broker's Fee is S•S %of the sale price OR$ ,whichever is greater, AND$ 195.00
45 paid to Broker by Seller as follows:
46 1. $ of Broker's Fee is earned and due(non-refundable)at signing of this Listing Contract,payable
47 to Broker.
48 Broker/Licensee Initials: XLS Page 1 of 6 Seller Initials:
COPYRIGHT PENNSYLVANIA ASSOCIATION OFREALTORSt92011
I Pennsylvania Association of REALTORS' 2/11
EXIT'Platinum Plus Realty 3560 Gettysburg Road Camp Hill,PA 17011
Phone:717-920-6464 Fax: 717-920-6465 Sean Maio Kevin Staab&
Produced with dpForm®by sipLogix 16070 Fifteen Mile Road,Fraser,Michigan 48026 wid noLoou*Mm
•
• Regardless of the business relationship selected,all licensees owe consumers the duty to:
• Exercise reasonable professional skill and care which meets the practice standards required by the RELRA.
• Deal honestly and in good faith.
• Present, as soon as practicable, all written offers, counteroffers, notices and communications to and from the parties. This
duty may be waived by the seller where the seller's property is under contract and the waiver is in writing.
• Comply with the Real Estate Seller Disclosure Law.
• Account for escrow and deposit funds.
• Disclose,as soon as practicable,all conflicts of interest and financial interests.
• Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real
estate transactions.
• Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee's expertise.
• Keep the consumer informed about the transaction and the tasks to be completed.
• Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction,
repair or inspection,at the time service is recommended or the first time the licensee learns that the service will be used.
• The following contractual terms are negotiable between the licensee and the consumer and must be addressed in an
agreement/disclosure statement:
• The duration of the licensee's employment,listing agreement or contract.
• The licensee's fees or commission.
• The scope of the licensee's activities or practices.
• The broker's cooperation with and sharing of fees with other brokers.
• All sales agreements must contain the property's zoning classification except where the property is zoned solely or primarily to
permit single family dwellings.
• The Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania
real estate licensee owing to fraud,misrepresentation, or deceit in a real estate transaction and who has been unable to collect the
judgment after exhausting all legal and equitable remedies.For complete details about the Fund,call(717)783-3658.
Before you disclose any financial information to a licensee, be advised that unless you select a business relationship by
signing a written agreement,the licensee is NOT representing you.A business relationship is NOT presumed.
ACKNOWLEDGMENT
I acknowledge that I have received this disclosure.
Date: Kevin Staab
(Consumer's Printed Name) (Consumer's Signature)
x .t
Date: Brenda Staab
(Consumer's Printed Name) (Consumer's Signature)
I certify that I have provided this document to the above consumer during the initial interview.
Date: 4-7-5- i i
Sean Maio <�l Zfi 241 `l
(Licensee's Printed Name) (Licensee's Sign,�!1T,•) (License#)
Adopted by the State Real Estate Comma,, x at 49 Pa. Code§35.336.
Produced with ZipFoan"'by zipt.ogtx,18070 Fifteen Mlle Road,Fraser,Michigan 48026 www.zlot_agiu m Kevin Staab&
•
CERTIFICATE OF SERVICE
I, James W. Abraham, Esquire,the undersigned, hereby certify that I have served
a true and correct copy of the foregoing document by certified mail upon the following
person(s) on the date stated herein:
Kevin J. Staab
59 Jury Street
Highspire PA 17034
DATE: 1/17/14
James W. Abraham, Esquire
2014 JAN 27 PH 14 27
BRENDA M. STAF tj8ERLAND COU14TY
Plaintiff/PetitionOiENNSYLVANIA U
coutttZ+of Qtam6erlana
V. IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
2008-00347 CIVIL TERM
KEVIN J. STAAB,
Defendant/Respondent IN DIVORCE
IN RE: PLAINTIFF/PETITIONER'S PETITION FOR SPECIAL RELIEF FOR
ENFORCEMENT OF MARITAL AGREEMENT AND DISPOSITION/SALE OF REAL
ESTATE
ORDER OF COURT
AND NOW, this day of January 2014, upon consideration of the
Plaintiff/Petitioner's Petition for Special Relief for Enforcement of Marital Agreement and
Disposition/Sale of Real Estate, a RULE is issued upon Defendant/Respondent to show
cause the requested relief should not be granted. PLAINTIFF shall effectuate service of
this Order of Court upon Defendant and shall file proof of service.
RULE RETURNABLE twenty (20) days from the date of service.
Thomas A. Placey C.P.J.
Distribution:
James W. Abraham, Esq.
Kevin J. Staab
l i7 ti f''i{Cl
MONO r•#�'
Frank C. Sluzis, Esquire l��
Attorney for Defendant 2014 JAN 31 AP t
PA ID No. 43829 C'1MBE Lh AND COUNTY
Scaringi & Scaringi, P.C. PENNs YLVAN'1
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
Phone: 717.657.7770
Fax: 717.657.7797
Email: frank@scaringilaw.com
BRENDA M. STAAB, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 08-347 CIVIL
KEVIN J. STAAB, : CIVIL ACTION—LAW
Defendant : DIVORCE
DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF FOR
ENFORCEMENT OF MARITAL AGREEMENT AND DISPOSITION/SALE OF REAL
ESTATE
Defendant, Kevin J. Staab, by and through his attorneys, Scaringi & Scaringi, P.C.,
respectfully represents as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part; denied in part. It is admitted that Paragraph 8 of the Agreement
identifies the real property as the marital residence in Camp Hill and a property in
Highspire. It is denied that Paragraph 8 contains only the language as stated in the
averment. On the contrary, Paragraph 8 consists of 14 subparagraphs all of which
intertwine with each other and must be read in conjunction with each other.
5. Admitted in part; denied in part. It is admitted that Paragraph 8 of the Agreement
identifies gross values. It is denied that Paragraph 8 contains only the language as
i
stated in the averment. On the contrary, Paragraph 8 consists of 14 subparagraphs all
of which intertwine with each other and must be read in conjunction with each other.
6. Denied. It is denied that Paragraph 8 of the Agreement states that the Highspire
property was to be purchased with a $120,000.00 line of credit taken against the
Camp Hill property, and $30,000.00 of the line of credit was to be used to pay off the
existing mortgage against the Camp Hill property.
7. Denied. It is denied that Paragraph 8 of the Agreement states the values as stated in
the averment.
8. After reasonable investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averment. Therefore, said averment is
denied.
9. Denied as stated. It is denied that Paragraph 8 of the Agreement states that the
property were to be sold for the values as stated in the averment. By way of further
answer, approximately one year prior to the said graduation date, Wife abandoned the
residence in order to relocate the her current New Jersey residence with her paramour.
Since that time Husband has contacted Wife in order to ascertain the identity of the
realtor that Wife has chosen to utilize as the listing agent. Wife has refused to supply
the requested information. In addition, pursuant to Paragraph 8 of the Agreement
Wife has and continues to have exclusive possession of the Camp Hill property.
Since in or around July 2011, Husband has requested from Wife permission to enter
the Camp Hill residence in order to ascertain damages and make repairs in
anticipation of said property being listed for sale. Wife has refused Husband's
Y
requests. Wife's refusals are in willful breach of Paragraph 8 E and F of the
Agreement.
10. Denied. It is denied that the parties agreed to modify Paragraph 8 of the Agreement.
On the contrary, Paragraph 19 of the Agreement requires all modifications to be in
writing. No such modifications exist.
1 l. Denied. It is denied that Husband has continuously refused to list the Camp Hill
property for sale. On the contrary, Husband has requested information concerning
listing from Wife, but Wife has refused.
12. Admitted in part; denied in part. It is admitted that Wife's attorney drafted a letter
dated September 9, 2011. It is denied that Wife had repeatedly requested Husband to
list the Camp Hill property for sale. On the contrary, Husband has been requesting
information regarding the realtor since in or around July 2011.
13. Denied as stated. It is denied that any monies of any line of credit for any property
has been used and depleted by Husband.
14. The averment constitutes a legal conclusion to which no response is required. To the
extent that an answer is required; said averment is denied.
15. The averment constitutes a legal conclusion to which no response is required. To the
extent that an answer is required; said averment is denied.
16. The averment constitutes a legal conclusion to which no response is required. To the
extent that an answer is required; said averment is denied.
17. Denied. It is denied that Husband has failed to pay one half of the real estate taxes on
the Camp Hill property. It is further denied that Husband has failed to pay one half of
the costs of repairs, maintenance and upkeep on the Camp Hill property. On the
contrary, despite demands by Husband to make said repairs, Wife has refused
Husband access to the property. It is further denied that Wife has made all of her one
half payments regarding the Camp Hill property.
1.8. The averment constitutes a legal conclusion to which no response is required. To the
extent that an answer is required; said averment is denied.
WHEREFORE, Defendant respectfully requests that this Honorable Court deny and
dismiss Plaintiff's petition.
NEW MATTER AND COUNTERCLAIM
19. The answers to paragraphs 1-18 are incorporated herein by reference.
20. Pursuant to the Agreement Wife has had and continues to have exclusive possession
of the Camp Hill property.
21. Wife had refused to allow Husband to make repairs/maintenance to the Camp Hill
property in breach of Paragraph E, F and G of the Agreement.
22. Wife's breach is willful and intentional.
23. Husband has and continues to fulfill his obligations pursuant to the Agreement
24. Wife has abandoned the Camp Hill property in or around June 2011, and since that
time Wife has allowed the property to fall into a state of disrepair.
25. Wife has dissipated a valuable marital asset.
26. Wife has recently been cited by the Borough of Camp Hill for code violations which
further evidences her willful dissipation of a valuable marital asset.
27. As a result of Wife's breach, Husband has been forced to retain counsel to defend
Wife's petition and to prosecute his New Matter and Counterclaim.
28. Pursuant to Paragraph 25 of the Agreement, Wife is responsible to pay Husband for
his reasonable attorneys fees and costs because of her breach.
WHEREFORE, Defendant respectfully requests this Honorable Court to grant his New
Matter and Counter claim and to do the following:
a. Order Wife to pay Husband's reasonable attorneys fees and costs; and
b. Order any other relief the Court finds equitable and appropriate.
R- p- t i 11 submitte•
c,ring' & Scarily_
y:
Frank C. Sluzis, Esquire
Attorney for Defendant
PA ID No. 43829
Scaringi & Scaringi, P.C.
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
Phone: 717.657.7770
Fax: 717.657.7797
Email: frank@searingilaw.com
•
I verify that the facts set forth in the foregoing pleading 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: 50, 261/
Kevin J. Staab
BRENDA M. STAAB, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 08-347 CIVIL
KEVIN J. STAAB, : CIVIL ACTION—LAW
Defendant : DIVORCE
CERTIFICATE OF SERVICE
3-7411\ji AND NOW, this day of , 2014, I, Frank C.
Sluzis, Esquire, do hereby state that I have served a true and correct copy of the foregoing
document upon the following individual in the manner indicated.
FIRST CLASS MAIL, POSTAGE PREPAID
James W. Abraham, Esquire
Abraham Law Offices, LLC
45 East Main Street
Hummelstown, PA 17036
jt
Frai C. Sluzis, Esquire
ABRAHAM LAW OFFICES, LLC
45 East Main Street, Hummelstown, PA 17036
717-566-9380; Fax 566-9385; abelaw@comcast.net
Attorney for Plaintiff/Petitioner, Brenda M. Staab
BRENDA M. STAAB : IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 08 — 347 CIVIL
KEVIN J. STAAB : CIVIL ACTION — LAW
Defendant/Respondent : DIVORCE
C7,
PLAINTIFF/PETITIONER'S ANSWER TO — C7
NEW MATTER AND COUNTERCLAIM OF DEFENDANT/RESPONDENT
2z)
AND NOW, comes Plaintiff/Petitioner, Brenda Staab, by and through her
attorney, James W. Abraham, Esquire, Abraham Law Offices, LLC, Hummelstown,
Pennsylvania, and files the following:
19. Paragraph 19 is an incorporation paragraph to which no response is required.
20. Admitted, in that as stated in the Agreement, Wife was provided exclusive
possession of the Camp Hill property (hereinafter "CH Property") and Husband was
provided exclusive possession of the Highspire property.
21. & 22. Denied. Paragraphs 21 and 22 are denied in that Wife refused to allow
Husband to make major renovations to the CH Property, not repairs and maintenance as
stated in Paragraph 8.G., as Husband wanted to invest tens of thousands of dollars for
major renovations to the CH Property by using the equity in the Highspire property,
which would have significantly depleted said equity, to which Wife was entitled to her
share pursuant to the Agreement, as major renovations were not necessary to sell the CH
Property at fair market value. It is further denied that Wife willfully or intentionally
breached the Agreement as Wife maintained the CH property and paid all costs to do so
and was in full compliance with Paragraph 8 of the Agreement.
The averments in Paragraphs 21 and 22 are further denied in that Wife is also not
in breach of Paragraph 8.E. or 8.F. of the Agreement, as 8.E. has nothing to do with the
CH Property as it references only the Highspire Property; and 8.F. references only major
repairs to the CH Property and the CH Property is not in need of major repairs.
23. Denied. It is denied that Husband has and continues to fulfill his obligations
under the Agreement as Husband has failed to comply with the Agreement and is in
breach of the Agreement, as well as the parties' agreed upon changes to the Agreement,
as stated in the Petition For Special Relief (hereinafter "the Petition ") filed herein by
Wife, which Petition is incorporated herein by reference.
24. Denied. It is denied that Wife abandoned the CH Property in any manner, as
in August/September of 2010, as a result of Husband's criminal child pornography
charges and the likelihood that Husband would be incarcerated (as Husband was
incarcerated in April, 2013), Husband and Wife agreed that their daughter would attend
high school locally for her junior year; beginning September, 2010, and then Wife and
their daughter would move to New Jersey in June, 2011 at the end of the school year,
which Wife did; and the parties further agreed that Husband could now encumber the
Highspire Property and could take out loan, and the parties would immediately list the
CH Property for sale and sell the CH Property.
By way of further answer, Wife asked Husband to sign an addendum to the
marital Agreement as to the aforesaid changes and Husband adamantly refused to
sign anything, even though Husband created and caused the need for the changes due to
his criminal child pornography charges, and although Husband refused to sign anything
pursuant to their August/September, 2010 changes, Husband immediately applied for a
home equity loan against the Highspire Property and secured a line of credit for
$81,000.00 as of November 22, 2010 (Petition Exhibit `B "), which was not objected to
by Wife as Wife agreed to said change to the Agreement.
By way of further answer, since Husband refused to sign anything as to the
parties' revised agreement, and since the Highspire Property is titled solely in Husband's
name, in order to further protect Wife's interest in the Highspire property and preclude its
unilateral sale by Husband, in September, 2010, Wife proceeded to record the marital
agreement with the Dauphin County Recorder of Deeds as an existing agreement of sale
between the parties.
25. Denied. It is denied that Wife has dissipated the value of the CH Property in
any way, as Wife vacated the CH Property in June, 2011, by agreement of the parties
when the parties' daughter finished the 2010 -2011 school term, and Wife has paid for
maintenance of the CH Property in compliance with the Agreement.
By way of further answer, if there is any decrease in the value of the CH
Property as alleged by Husband, Husband has solely caused said decrease and has
dissipated the value due to Husband's failure to cooperate over two (2) years ago in 2011
by failing to sign a listing agreement to sell the CH Property as agreed by the parties.
26. Admitted and Denied. It is admitted that from June, 2011 through January,
2014, a period of over two (2) years, Wife received one (1) citation for snow removal in
January, 2014 due to the extraordinary amount of snow received in the winter of 2014. It
is denied that said citation, is evidence of any dissipation in value of the CH Property
caused by Wife, as to the contrary, the fact that there is only one (1) such citation in over
two (2) years, is evidence that Wife has provided maintenance as to the CH Property in
accordance with the Agreement.
27. & 28. Denied. Wife is not in breach of any provision of the Agreement and
has fully complied with any and all provisions, and Wife has also complied with the
parties agreed upon changes to the Agreement at all relevant times hereto.
By way of further answer, the averments in Paragraphs 27 and 28 that Husband
has been forced to retain counsel as a result of the Petition and that Wife has breached the
Agreement and is responsible for Husband's counsel fees, constitutes a frivolous and
meritless attempt to offset Wife's credible and valid claims that Husband has clearly and
blatantly breached the Agreement and the parties subsequent agreements, as stated in the
Petition, which is incorporated herein by reference.
WHEREFORE, Plaintiff/Petitioner Brenda M. Staab, respectfully requests Your
Honorable Court to dismiss the New Matter and Counterclaim of Defendant/Respondent,
Kevin J. Staab, and grant the relief as requested in the Petition.
Respectfully submitted:
James W. Abraham, Esquire
Abraham Law Offices, LLC
45 East Main Street
Hummelstown, PA 17036
717 -566 -9380
Attorney for Plaintiff/Petitioner,
Brenda M. Staab
DATE: 3/21/14
VERIFICATION
I, Brenda M. Staab , the undersigned, hereby verify and confirm that the
foregoing document and the statements made therein are true and correct to the best of my
knowledge, information and belief. I further understand that any false statements made herein
are subject to the penalties of Title 18 Pa.C.S.A. Section 4904 relating to unworn falsification to
authorities.
DATE: 7
�0
CERTIFICATE OF SERVICE
I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served
a true and correct copy of the foregoing document by first class mail upon the following
person(s) on the date stated herein:
Frank C. Luzis, Esquire
Scaringi & Scaringi PC
2000 Linglestown Road, Suite 106
Harrisburg PA 17110
DATE: 3/21/14
James W. Abraham, Esquire
BRENDA M. STAAB,
Plaintiff/Petitioner
v.
KEVIN J. STAAB,
Defendant/Respondent
Countp of QCutttheriont
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
2008-00347 CIVIL TERM
IN DIVORCE
IN RE: PLAINTIFF/PETITIONER'S ANSWER TO NEW MATTER AND
COUNTERCLAIM OF DEFENDANT/RESPONDENT
ORDER OF COURT
AND NOW, this 15th day of May 2014, upon consideration of the
Plaintiff/Petitioner's Petition for Special Relief for Enforcement of Marital Agreement and
Disposition/Sale of Real Estate, Defendant's Answer to Petition for Special Relief for
Enforcement of Marital Agreement and Disposition/Sale of Real Estate, and
Plaintiff/Petitioner's Answer to New Matter and Counterclaim of Defendant/Respondent,
and upon request from Plaintiff's counsel, a HEARING on the Petition and
corresponding answers shall be held on 16 June 2014, at 9:30 a.m., in Courtroom
Number Six of the Cumberland County Courthouse, Carlisle, Pennsylvania.
Dj&tribution:
W. Abraham, Esq.
rank C. Sluzis, Esq.
IFs 1r��
ThomaA. Placey
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Fri -=
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L-7-1
BRENDA M. STAAB, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS : NO. 08-347 CIVIL TERM
KEVIN J. STAAB, : CIV -IL ACTION - LAW
Defendant : IN DIVORCE
IN RE:
F,77,
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PETITION FOR SPECIAL RELIEF FOR ENFORCEMEIF-4
117-E5
MARITAL AGREEMENT
ORDER OF COURT
Co)
AND
—
AND NOW, this 16th day of June, 2014, the
parties having reached an agreement in full satisfaction of
the terms and conditions of the Martial Settlement Agreement
dated September 17, 2008, and in full resolution of the
Petition For Special Relief filed by Plaintiff and the
Counterclaim filed by Defendant, the parties have agreed as
follows:
1. That Defendant Kevin J. Staab shall pay
the amount of $45,000 to Plaintiff Brenda M. Staab within 15
days from today on or before June 30, 2014.
2. That in exchange, Plaintiff Brenda M.
Staab shall sign a deed transferring sole title to what is
referenced as the Camp Hill property in the Petition,
specifically the property located at 3018 Harvard Avenue,
Camp Hill, Pennsylvania
3. Further, that Plaintiff Brenda Staab
represents that as to the property that the heat has been on
all winter and there is no major damage to the property
other than normal wear and tear to Plaintiff's knowledge
property as -is.
4. That otherwise, Mr. Staab is taking the
By the
Thomas A. Placey, C.P.J.
nes W. Abraham, Esquire
For the Plaintiff
ank C Sluzis, Esquire
For the Defendant
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