HomeMy WebLinkAbout04-1355JILL E. STAUFFER
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERALND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
(?J; H. G NO. may, ?3??? CIVILTERM
WILL1 QM C. STAUFFER
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
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
the Court may enter a decree of divorce or annulment against you. A judgment may also be
entered against you for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
When the grounds for divorce include indignities or irretrievable breakdown of marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOOSE THE RIGHT TO 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
2 Liberty Avenue, Carlisle, PA 17013
(717) 249-3166
JILL E. STAUFFER
Plaintiff
V.
VaLTMM C. STAUFFER
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERALND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: NO. CIVIL TERM
: IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
You have been named as the Defendant in a Complaint in a divorce proceeding filed in
the Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance with Section 3302(d) of the Divorce Code, you may request that the Court require
you and your spouse to attend marriage counseling prior to a divorce being handed down by the
Court. A list of professional marriage counselors is available at the Domestic Relations Office,
13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a
convenience to you and you are not bound to choose a counselor from this list. All necessary
arrangements and the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
JILL E. STAUFFER
Plaintiff
v.
(..).I(.'Q?
VAULL TM C. STAUFFER
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERALND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: NO. 0q- [35s CIVIL TERM
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. The Plaintiff is Jill E. Stauffer, an adult individual currently residing at 4517
Florence Avenue, Unit D, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Defendant is William C. Stauffer, an adult individual currently residing at
6 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this
Complaint.
4. Plaintiff and Defendant were married on April 6, 1991 in Mechanicsburg,
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties in
this or any other jurisdiction.
6. The causes of action and sections of the Divorce Code under which Plaintiff is
proceeding are:
A. Section 3301(c) - the marriage of the parties is irretrievably
broken.
B. Section 3301(d) - the marriage of the parties is irretrievably
broken. The parties separated on or about July 8, 2003.
7. There are 2 children born of this marriage as follows: Ashley Elizabeth Stauffer
born on September 14, 1991 and Kyra Ann Stauffer, born on November 30, 1993.
8. This action is not collusive.
9. Plaintiff is not a member of the Armed Services of the United States or any of its
Allies.
10. A final Protection From Abuse Order was entered against Defendant and in favor
of Plaintiff and the minor children on or about November 24, 2003 in the Court of common Pleas
of Cumberland County at No. 03-5761, a copy of which is attached hereto as Exhibit A.
11. Plaintiff has been advised of the availability of marriage counseling and that
Plaintiff may have the right to request that this Honorable Court require the parties to participate
in counseling.
12. Plaintiff does not request that the Court require that she and her spouse participate
in marriage counseling prior to a divorce decree entered by this Honorable Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a final
decree in divorce.
COUNT I - CHILD CUSTODY
13. Paragraphs 1 through 12 are incorporated herein by reference.
14. The subject minor children are Ashley Elizabeth Stauffer born on September 14,
1991 and Kyra Ann Stauffer, born on November 30, 1993.
15. Plaintiff is the natural mother of the subject minor children.
16. Defendant is the natural father of the subject minor children.
17. In addition to the subject minor children, Plaintiff resides with the following
person:
Name Relationship
John Garman, Jr. Friend
18. From 1995 until November 24, 2003, the children resided with their natural
parents at 6 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. The children
have resided with Plaintiff and John Garman Jr., at 4517 Florence Avenue, Unit D,
Mechanicsburg, Cumberland County, Pennsylvania 17055 since November 24, 2003.
19. Plaintiff and Defendant entered a Custody Agreement on July 8, 2003, intending
to be legally bound and desiring to make the Custody Agreement an Order of Court. A copy of
the Custody Agreement dated July 8, 2003 is attached hereto as Exhibit B.
20. Plaintiff believes and therefore avers that it is in the best interests of the subject
minor children for them to be placed in her physical and legal custody in conformity with the
Custody Agreement executed by the parties on July 8, 2003.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order
granting physical and legal custody of the subject minor children to the Plaintiff in conformity
with the Custody Agreement executed by the parties on July 8, 2003.
Respectfully submitted,
Y
Valerie J. Fa squire
LD.# 87442
2807 Market St.
Camp Hill, PA 17011
(717) 920-9460
Attorney for Plaintiff
VERIFICATION
I, JILL E. STAUFFER, do verify that the facts contained in the foregoing
Complaint are true and correct to the best of my knowledge, information, and belief. I
understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904
relating to unworn falsification to authorities.
-?
Date: ?ui6`A
;; JILL E. UHER
Q---4
t EXHIBIT
A
IF
NOV
Jill Eugenia Stauffer, for herself and on behalf : IN THE COURT OF COMMON
of her minor children, Ashley Elizabeth : PLEAS OF
Stauffer, and Kyra Ann Stauffer, : CUMBERLAND COUNTY,
Plaintiffs : PENNSYLVANIA
V.
:No. 03-5761
William Charles Stauffer,
Defendant : CIVIL ACTION - LAW
PROTECTION FROM ABUSE
FINAL ORDER OF COURT
Defendants Name: William Charles Stauffer
Defendant's Date of Birth: April 11, 1962
Defendants Social Security Number: 188-50-0331
Names and Dates of Birth of All Protected Persons, including Plaintiff and
minor children:
Names
1. Jill Eugenia Stauffer
2. Ashley Elizabeth Stauffer
3. Kyra Ann Stauffer
Dates of Birth
May 21,1971
September 14,1991
November 30,1993
Plaintiff or Protected Person(s) is/are:
[X] spouse or former spouse of Defendant
[X] parent of a common child with Defendant
[ ] current or former sexual or intimate partner with Defendant
[ ] child of Plainti
ff
[X] child of Defendant
[ ] family member related by blood (consanguinity) to Defendant
[ ] family member related by marriage or affinity to Defendant
[ ] sibling (person who shares biological parenthood) of Defendant
[ ] current or former cohabitant (person who lives with) Defendant
Defendant was served in accordance with Pa. R.C.P. 1930.4 and provided
notice of the time, date and location of the hearing scheduled in this matter.
AND NOW, this the court having jurisdiction over the parties
and the subject-matter, it is ORDERED, ADJUDGED and DECREED as
follows:
Pursuant to consent of the parties, which does not constitute Defendant's
admission to the averments of abuse in the petition, the following order will be
entered:
Plaintiffs request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical
force that would reasonably be expected to cause bodily injury to the Plaintiff
or any other protected person in any place where they might be found.
2. Custody of the following minor children:
1. Ashley Elizabeth Stauffer
2. Kyra Ann Stauffer
shall be as follows:
• Primary physical custody of the minor child/ren is
awarded to the Plaintiff.
• -Defendant shall have periods of partial custody as
agreed upon by the parties.
3. Defendant shall immediately turn over to the Sheriffs Office, or to a local
law enforcement agency for delivery to the Sheriffs Office, any firearms
license the Defendant may possess, and the following weapons used or
threatened to be used by Defendant in an act of abuse against Plaintiff and/or
the minor children.
1. Handguns, rifles, shotguns and firearms
4. Defendant is prohibited from possessing, transferring or acquiring any other
firearms license or weapons for the duration of this Order. Any weapons
and/or firearms license delivered to the sheriff pursuant to this order or the
Temporary Order shall not be returned until further order of the court.
5. The following additional relief is granted as authorized by §6108 of the Act:
- Defendant shall not damage or destroy any property owned jointly by
the parties or solely by the Plaintiff.
6. A certified copy of this Order shall be provided to the police department
where Plaintiff resides and any other agency specified hereafter:
Lower Allen Police Department
Harrisburg Police Department
7. THIS ORDER SUPERSEDES:
1. ANY PRIOR PFA ORDER
8. All provisions of this order shall expires f S rnon'Nna *r-c „ ti+..!_. ctcde =F emir,
pF ` Kh final o-ctx,- on. MAI 2,`f acc
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS
PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE
OF UP TO SIX MONTHS. 23 PA_C.S. §6114. VIOLATION MAY ALSO
SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES UNDER
THE PENNSYLVANIA CRIMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRICT OF COLUMBIA, TRIBAL LANDS, U.S. TERRITORIES AND
THE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE
AGAINST WOMEN ACT, 18 U.S.C. §2265. IF YOU TRAVEL OUTSIDE OF
THE STATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT
ACT. 18 U.S.C §§2261-2262. IF YOU POSSESS A FIREARM OR ANY
AMMUNITION WHILE THIS ORDER IS IN EFFECT, YOU MAY BE
CHARGED WITH A FEDERAL OFFENSE EVEN IF THIS
PENNSYLVANIA ORDER DOES NOT EXPRESSLY PROHIBIT YOU
FROM POSSESSING FIREARMS OR AMMUNITION. 18 U.S.C. §922(8)(8).
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any location
where a violation of this order occurs OR where the defendant may be located,
shall enforce this order. An arrest for violation of Paragraphs 1 through 4 of this
order may be without warrant, based solely on probable cause, whether or not
the violation is committed in the presence of the police. 23 Pa.C.S. §6113.
Subsequent to arrest, the police officer shall seize all weapons used or
threatened to be used during the violation of the protection order or during prior
incidents of abuse. The Cumberland County Sheriffs Department shall
maintain possession of the weapons until further order of this Court.
BY THE COURT:
ey Oler,?Judge
Entered pursuant to the consent of Plaintiff and Defendant:
Jill Eu Stauffer,
Plaintiff
Ca,<,j*, /n. YAger,. 1j1ia1as
Carolyn Fenton, Certified Legal Intern
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
?i/?Charles? offer ? cK
Defendant ?? / ?/J3
Anne onald-Fox, wising Arty-
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
Jessipg'Diamondstone, Atty. for Plaintiff
MidPenn Legal Services
S Irvine Row
Carlisle, PA 17013
(717) 243-9400
Distribution to:
Jessica Diamondstone, Attorney for Plaintiff
Carolyn Fenton, Certified Legal Intern for Defendant
Anne MacDonald-Fox, Attorney for Defendant
Faxed and Mailed to PSP
EXHIBIT
a
Custody Attreement
THIS AGREEMENT made this 8s' day of July, 2003, by and between JILL E.
STAUFFER, (Petitioner/Mother), Camp Hill, Pennsylvania (hereinafter called
"Mother") and WILLIAM C. STAUFFER, (Respondent/Father), Camp Hill,
Pennsylvania (hereinafter called "Father").
WITNESSETH:
WHEREAS, Father and Mother are the natural parents of Ashley Elizabeth
Stauffer, age I 1 and Kyra Ann Stauffer, age 9, (hereinafter collectively called
"Children"), and
WHEREAS, Father and Mother are still legally married but will be pursuing a
divorce/separation and desire to stipulate to the entry of an Order of Court pertaining to
the custody of the aforesaid Children.
NOW THEREFORE, the parties agree as follows:
Primary, legal and physical custody of the Children shall be with the Mother at
her home which is presently, Camp Hill, Pennsylvania.
2. Any Place within agreement where the term custody is used pertaining to
Father, the same shall mean partial custody visitation.
Father shall at all times have reasonable telephone and mail access to the
Children.
4. At any time when Father is in the vicinity of Camp Hill, PA at times other than
specified herein, the Father shall have liberal access to Children for temporary
visitation privileges provided that the Children are not otherwise scheduled in
an activity which can not or ought not be changed. Father will give Mother as
much notice as possible when said unexpected times shall occur.
Custody for specific dates and holidays shall be as follows:
A. Weeliends: Every other weekend if Father elects to do so
B. Summer Vacation: Shall be split equally between Mother and Father
C.Holidays:
1. Christmas:
(a) Father shall be entitled to custody of the Children at his
home for one-half (1/2) of the Christmas holiday when the
Children are in recess from school including Christmas Eve and
Christmas Day in 2003 and on each odd year thereafter. During
the remaining one-half (1/2) of said Christmas holiday, including
New Year's Eve and New Year's Day, the Children shall be
returned to the Mother's custody.
(b) In each even year thereafter, Mother shall be entitled to
custody of the Children for one-half (1/2) of the Christmas holiday
when the Children are in recess from school including Christmas
Eve and ChristmasDay._.During.the remaining one-half (1/2) of
said Christmas holiday, including New Year's Eve and New
Year's Day, the Father shall have custody.
2. Thanbs¢ivine: Custody shall be alternated between Mother and
Father each year, beginning with the Mother having custody of
the Children in 2003 and all odd years hereafter, and Father
having custody of Children all even years.
3. Easter. Custody shall be alternated between Mother and Father
each year, beginning with the Father having custody of the
Children in 2003 and all odd years hereafter, and Mother having
custody of Children all even years.
6. Transuortation:
A Mother and Father shall meet one-half (1/2) way between residencies
for exchange of custody of the Children
v
B. The parties will cooperate in arranging specific times and days to meet
for the custody exchange that are both convenient and agreeable to
Mother and Father.
C. At all times, each party shall bear their own transportation expense.
IN WTTNESS WM:REOF, the parties hereto have set their hands and seals and
Imo`
desire that this arrangement shall be made an Order of Court.
WITNESS:
-r- 4&ar-e>.
COMMONnCTH OIgM&SMAWA
S.4 r
COUNTY OF cumERLAND
r
sworn and sub before me this ? `d" this Sa;t,t0
of ay
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MY commwon Expires Deo. $0, M
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i?' E. Stauffer
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William C.
JILL E. STAUFFER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERALND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
: NO. CIVIL TERM
WC.STAUFFER
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
1, Valerie J. Faden, Esquire, attorney for Plaintiff in the above-captioned matter, do
hereby certify that I served true and correct copies of the Notice to Defend and Claim Rights,
Notice of Availability of Counseling, Complaint Under Section 3301(c) or 3301(d) of the
Divorce Code, Motion, and Temporary Order of Court upon the Defendant by certified mail,
return receipt requested and also by depositing same in the U.S. Mail, first class, postage prepaid,
on the 30th day of March, 2004 addressed as follows:
William C. Stauffer
6 Scarsdale Drive
Camp Hill, PA 17011
By: G V.Faden, L
Esquire
I.D. # 87442
2807 Market Street
Camp Hill, PA 17011
(717) 920-9460
Attorney for Plaintiff
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Custody Agreement
THIS AGREEMENT made this a day of July, 2003, by and between JILL E.
STAUFFER, (petitioner/Mother), Camp Hill, Pennsylvania (hereinafter called
"Mother") and WILLIAM C. STAUFFER, (Respondent/Father), Camp Hill,
Pennsylvania (hereinafter called "Father").
WITNESSETH:
WHEREAS, Father and Mother are the natural parents of Ashley Elizabeth
Stauffer, age 11 and Kyra Ann Stauffer, age 9, (hereinafter collectively called
"Children"), and
WHEREAS, Father and Mother are still legally married but will be pursuing a
divorcelseparation and desire to stipulate to the entry of an Order of Court pertaining to
the custody of the aforesaid Children.
NOW THEREFORE, the parties agree as follows:
1. Primary, legal and physical custody of the Children shall be with the Mother at
her home which is presently, Camp Hill, Pennsylvania.
2. Any Place within agreement where the term custody is used pertaining to
Father, the same shall mean partial custody visitation.
3. Father shall at all times have reasonable telephone and mail access to the
Children.
4. At any time when Father is in the vicinity of Camp Hill, PA at times other than
specified herein, the Father shall have liberal access to Children for temporary
visitation privileges provided that the Children are not otherwise scheduled in
an activity which can not or ought not be changed. Father will give Mother as
much notice as possible when said unexpected times shall occur.
5. Custody for specific dates and holidays shall be as follows:
A. Weekends: Every other weekend if Father elects to do so
B. Summer Vacation: Shall be split equally between Mother and Father
C. Holidays:
1. Christmas:
(a) Father shall be entitled to custody of the Children at his
home for one-half (1/2) of the Christmas holiday when the
Children are in recess from school including Christmas Eve and
Christmas Day in 2003 and on each odd year thereafter. During
the remaining one-half (1/2) of said Christmas holiday, including
New Year's Eve and New Year's Day, the Children shall be
returned to the Mother's custody.
(b) In each even year thereafter, Mother shall be entitled to
custody of the Children for one-half (1/2) of the Christmas holiday
when the Children are in recess from school including Christmas
Eve and Christmas Day. During the remaining one-half (1/2) of
said Christmas holiday, including New Year's Eve and New
Year's Day, the Father shall have custody.
2. Thank giving: Custody shall be alternated between Mother and
Father each year, beginning with the Mother having custody of
the Children in 2003 and all odd years hereafter, and Father
having custody of Children all even years.
3. Easter. Custody shall be alternated between Mother and Father
each year, beginning with the Father having custody of the
Children in 2003 and all odd years hereafter, and Mother having
custody of Children all even years.
6. TrjWA2e*stion:
A. Mother and Father shall meet one-half (1/2) way between residencies
for exchange of custody of the Children
B. The parties will cooperate in arranging specific times and days to meet
for the custody exchange that are both convenient and agreeable to
Mother and Father.
C. At all times, each party shall bear their own transportation expense.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals and
desire that this arrangement shall be made an Order of Court.
WITNESS:
?-! (SEAL)
t E. Stauffer
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS'' ,Aft
Sworn and
Scri ed to
before this sub
of me this day
,20
William C. ff?
NOTARIAL ShAL
CHARLES A. HARBOLD, Notary Public
Camp Hill Boro, Cumberland County
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JILL E. STAUFFER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERALND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
WILL 'M C. STAUFFER NO *0 Y - l35"s' CIVIL TERM
Defendant : IN DIVORCE
MOTION
AND NOW COMES, JILL E. STAUFFER, by and through her attorney, Valerie J.
Faden, Esquire, and moves this Honorable Court to adopt the Custody Agreement between the
parties attached hereto and made a part hereof as a Temporary Order of Court.
Respectfully submitted,
A??Xz'
Valerie J. aden, Esquire
Attorney for Plaintiff
TEMPORARY ORDER OF COURT
AND NOW, this day Of ry 2004, in accordance
with the foregoing Motion, the prayer of the same is granted and the Custody Agreement dated
July 8, 2003 is hereby adopted and made a Temporary Order of Court
BY THE COURT:
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JILL E. STAUFFER : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERALND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
: NO. 04-1355 CIVIL TERM
WILLIAM C. STAUFFER
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Notice to Defend and Claim Rights, Notice of Availability of
Counseling, Complaint in Divorce, Motion and Temporary Order of Court in the above-
captioned matter.
Date:
illiam C. Stau er
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Michael S. Travis
Attorney at Law
ID No. 77399
4076 Market Street Suite 209
Camp Hill, PA 17011
717-731-9502
JILL E. STAUFFER
Plaintiff,
V.
WILLIAM C. STAUFFER,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-1355 CIVIL TERM
IN DIVORCE
ENTRY OF APPEARANCE;
Please enter my appearance on behalf of William C. Stauffer, Defendant in the above
captioned matter.
Date: &?f % 0 f
Respectfully s fitted
Michael S. Travis
Attorney at Law
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 170111
.
JILL E. STAUFFER ) IN THE COURT OF COMMON PLEAS
Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM C. STAUFFER,
Defendant
CIVIL ACTION - LAW
NO. 04-1355 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on the below
person(s) by first class U.S. Mail, postage prepaid:
Valerie J. Faden, Esquire
2807 Market Street
Camp Hill, PA 17011
i ae 1 iavis
Attorney at Law
4076 Market Street, Suite 209
Camp Hill, PA 17011
ID No. 77399
717-731-9502
Date:
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Michael S. Travis
Attorney at Law
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
JILL E. STAUFFER,
V.
WILLIAM C. STAUFFER,
IN THE COURT OF COMMON PLEAS OF
Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-1355 CIVIL TERM
CIVIL ACTION - LAW
Defendant. ) IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for 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:
Office of the Prothonotary
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle. PA 17013
(717) 249-3166
JILL E. STAUFFER, ) IN THE COURT OF COMMON PLEAS OF
Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM C. STAUFFER,
Defendant.
No. 04-1355 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ANSWER TO COMPLAINT IN DIVORCE
WITH COUNTERCLAIM
AND NOW, THIS?Iday of September, 2004, comes the Defendant, William C.
Stauffer, by and through his attorney, Michael S. Travis, and answers the Complaint in Divorce
as
follows:
ANSWER TO
COMPLAINT IN DIVORCE
1 - 5. Admitted on information and belief.
6. Denied. Plaintiff has stated a conclusion of law to which no response is required
under the Pennsylvania Rules of Civil Procedure.
7 - 12. Admitted on information and belief.
ANSWER TO
COUNT I CHILD CUSTODY
13 - 18. Admitted on information and belief.
19. Denied. The document speaks for itself.
20. Denied. The characterization that it is in the best interest of the children to reside
with mother is denied. The document of July 8, 2003, speaks for itself.
COUNTERCLAIM
COUNTI
CLAIM FOR EQUITABLE DISTRIBUTION
21. Answers of Defendant to the Complaint in Divorce are incorporated herein and
made part hereof by reference.
22. Plaintiff and Defendant have acquired property, both real and personal, during
their marriage.
23. Plaintiff and Defendant have been unable to agree to an equitable division of said
property.
WHEREFORE, Defendant respectfully requests the Court to enter an Order equitably
distributing the parties' marital property.
COUNT It
CLAIM FOR ALIMONY
24. Defendant lacks sufficient property to provide for his reasonable needs in
accordance with the standard of living established during the marriage.
25. Defendant is unable to support himself in accordance with the standard of living
of the parties established during the marriage through appropriate employment.
26. The Plaintiff is employed and enjoys a substantial income from which she is able
to contribute to the support and maintenance of Defendant and to pay him alimony in accordance
with the Divorce Code of Pennsylvania.
WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding
Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to
support and maintain Defendant in the station of life to which he has become accustomed during
the marriage.
COUNT III
CLAIM FOR ALIMONY PENDENTE LITE
27. Defendant is without sufficient income to support and maintain himself during the
pendency of this action.
28. Plaintiff enjoys a substantial income and is well able to contribute to the support
and maintenance of Defendant during the course of this action.
WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay him
reasonable alimony pendente lite during the pendency of this action.
COUNT IV
CLAIM FOR COUNSEL FEES AND EXPENSES
29. Defendant is without sufficient funds to retain counsel to represent him in this
matter.
30. Without competent counsel, Defendant cannot adequately prosecute his claims
against Plaintiff and cannot adequately litigate his rights in this matter.
31. Plaintiff enjoys substantial income and is well able to bear the expense of
Defendant's attorney and the expenses of this litigation.
WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal
fees and expenses incurred by Defendant in the litigation of this action.
4070 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
ID No. 77399
Attorney for Defendant
JILL E. STAUFFER, ) IN THE COURT OF COMMON PLEAS OF
Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-1355 CIVIL TERM
WILLIAM C. STAUFFER, ) CIVIL ACTION - LAW
Defendant. ) IN DIVORCE
VERIFICATION
I verify that the statements made in the foregoing Answer and Counterclaim are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
William C. Stauffer, efOt
JILL E. STAUFFER, ) IN THE COURT OF COMMON PLEAS OF
Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA
V. ) No. 04-1355 CIVIL TERM
WILLIAM C. STAUFFER, ) CIVIL ACTION - LAW
Defendant. ) IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing document by first class mail, postage prepaid, on the following person(s), addressed as
follows:
Valerie J. Faden, Esquire
2807 Market Street
Camp Hill, PA 17011
Domestic Relations Section
Attn: R.J. Shadday
13 N. Hanover Street
P.O. Box 320
Carlisle, PA 17013
Date:
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Attorney for Defendant
ID No. 77399
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
Docket Number 04-1355 CIVIL
JILL E. STAUFFER,
Plaintif?Respondent )
PACSES Case Number 590106747
VS. )
WILLIAM C. STAUFFER, Other State ID Number
Defendant/Petitioner )
ORDER
AND NOW, to wit on this 15TH DAY OF SEPTEMBER, 2004 IT IS HEREBY
ORDERED that the O Complaint for Support or Q Petition to Modify or ® Other
ALIMONY PENDENTE LITE filed on SEPTEMBER 9, 2004 in the above captioned
matter is dismissed without prejudice due to:
THE PARTIES' INCOMES AND RULE 1910.16-4(e).
O The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
DRO: RJ Shadday
xc: plaintiff
defendant
Valerie Faden, Esquire
Michael Travis, Esquire
I
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BY THE C
Edgar B. ey GE
Form OE-506
Worker ID 21005
Service Type m
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JILL E. STAUFFER
Plaintiff
V.
WILLIAM C. STAUFFER
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERALND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: NO. 04-1355 CIVIL TERM
: IN DIVORCE
PRAECIPE
Please withdraw the appearance of the undersigned as counsel for the Plaintiff, Jill E.
Stauffer, in the above-captioned matter.
Valerie J. Fa n, squire
I.D. # 87442
2807 Market Street
Camp Hill, PA 17011
(717) 920-0460
Please enter the appearance of the undersigned counsel for the Plaintiff, Jill E. Stauffer,
in the above-captioned matter.
Respectfully submitted,
Date:
By
Gary Ley r, Esquire
Corporate Plaza, Suite 202
2040 Linglestown Road
Harrisburg, PA 17110
(717) 237-4745
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JILL E. STAUFFER
Plaintiff
_V_
WILLIAM C. STAUFFER
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 04-1355 CIVIL TERM
IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
To the Prothonotary:
Kindly enter my appearance on behalf of Plaintiff Jill E. Stauffer in the above captioned
matter.
Respectfully Submitted:
Date: V
ebT"a R. Mehaffie, Esquite
I.D. No. 90951
2515 N. Front Street
Harrisburg, PA 17110
Tele: (717) 909-9900
Fax: (717) 561-1616
Susquehanna@comcast.net
Kindly withdraw the appearance of Gary L. Leyder, Esquire in the above captioned
matter.
Respectfully Submitted:
Date: D
Garyl yder, EsquX-
I.D. N6.41680
Corporate Plaza, Suite 202
2040 Linglestown Road
Harrisburg, PA 17110
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JILL STAUFFER,
Plaintiff
V.
WILLIAM STAUFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2004-1355
CIVIL ACTION -LAW
IN DIVORCE
PRAECIPE FOR WITHDRAW OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Michael S. Travis, Esquire, 3904 Trindle Road,
Camp Hill, PA 17011, as counsel of record on behalf of Defendant, William Stauffer, in the
above captioned action.
Respectfull i ,
MI ?. VIS, ESQUIRE
j1y
DATE:
??Wi Ic a ravis, Esquire
3904 Trindle Road
Camp Hill, PA 17011
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance to represent Defendant, William Stauffer, in the above
captioned action.
DATE:
Respectfully submitted,
JOANNE SON CLOUGH, PC
Joanne Harrison Clough, Es ' i
Attorney ID No.: 36461
3 820 Market Street
Camp Hill, PA 17011
(717) 737-5890
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Fri
JILL E. STAUFFER
Plaintiff
Vs.
WILLIAM C. STAUFFER
Defendant
: IN THE COURT OF OMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYVLANIA
CIVIL ACTION - LAW
Docket No. 04-1355
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
AND NOW COMES, Plaintiff Jill E. Stauffer, by and through her counsel, Debra R.
Mehaffie, Esquire of Scaringi & Scaringi, P.C., moves this court to appoint a master with respect
to the following claims:
(X) Divorce (X) Distribution of Property
O Annulment O Support
(X) Alimony O Counsel Fees
(X) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the claims for which the appointment of a master is
requested.
2. Plaintiff has appeared in the action by her attorney Debra R. Mehaffie, Esquire.
3. The statutory grounds for the divorce are 3301(c) and (d).
4. The action is contested with respect to the following claims:
a. Alimony
b. Distribution of Property
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to %ktQne (1) day.
7. Tlybre is ryo addition info ation evant to the motion.
Date: D?
ra . ahaf a Fenn?ra
P"Iffisel for Plaintiff
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
(717) 675-7770
(717) 657-7797 -fax
ORDER APPOINTING MASTER
AND NOW, , 2008,
Esquire is appointed master with respect to the following claims:
BY THE COURT
J.
JILL E. STAUFFER : IN THE COURT OF OMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYVLANIA
Vs. :CIVIL ACTION - LAW
WILLIAM C. STAUFFER : Docket No. 04-1355
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Amanda L. Emerson, Paralegal with Scaringi & Scaringi, P.C., do hereby certify that
on this, the 30`h day of April, 2008, I served the foregoing Motion for Appointment of Master on
the following person by way of First Class Mail, postage prepaid:
Joanne H. Clough, Esquire
3820 Market Street
Camp Hill, PA 17011
V, t' I -
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Dated Amanda L. Emerson, Paralegal
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MAY 02 2000
JILL E. STAUFFER : IN THE COURT OF OMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYVLANIA
Vs. :CIVIL ACTION - LAW
WILLIAM C. STAUFFER : Docket No. 04-1355
Defendant : IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
a. Alimony
b. Distribution of Property
5. The action does not involve complex issues of law or fact.
6. The hearing is expected t04 ne (1) day.
7. T ?r70 addition inforation evant to the motion.
Date: e•r ehaffie'- ' - 1?
, Esquire
nseI for Plaintiff
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
(717)675-7770
(717) 657-7797 - fax
AND NOW COMES, Plaintiff Jill E. Stauffer, by and through her counsel, Debra R.
Mehaffie, Esquire of Scaringi & Scaringi, P.C., moves this court to appoint a master with respect
to the following claims:
(X) Divorce (X) Distribution of Property
O Annulment O Support
(X) Alimony O Counsel Fees
(X) Alimony Pendente Lite O Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the claims for which the appointment of a master is
requested.
2. Plaintiff has appeared in the action by her attorney Debra R. Mehaffie, Esquire.
3. The statutory grounds for the divorce are 3301(c) and (d).
4. The action is contested with respect to the following claims:
ORDER APPOINTING MASTER
AND NOW,
Esquire is appointed mast with respect to the following claims:?
BY
J.
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JILL E. STAUFFER : IN THE COURT OF OMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYVLANIA
Vs. :CIVIL ACTION - LAW
WILLIAM C. STAUFFER : Docket No. 04-1355
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Amanda L. Emerson, Paralegal with Scaringi & Scaringi, P.C., do hereby certify that
on this, the 30th day of April, 2008, I served the foregoing Motion for Appointment of Master on
the following person by way of First Class Mail, postage prepaid:
Joanne H. Clough, Esquire
3820 Market Street
Camp Hill, PA 17011
1
Dated
?, ?7, j tillas L ?7
Amanda L. Emerson, Paralegal
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Nt??
JILL E. STAUFFER,
Plaintiff
VS.
WILLIAM C. STAUFFER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - 1355 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this day of &&dl-
2008, the economic claims raised in the proceedin having been
resolved in accordance with a marital settlement agreement
dated August 1, 2008, the appointment of the Master is vacated
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
BY THE COURT,
v? A
cc: ,?I!rb)ra R. Mehaf fie
Attorney for Plaintiff
./banne Harrison Clough
Attorney for Defendant
,0?;/
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33
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this T day of , 2008, by and between,
WILLIAM C. STAUFFER, (hereinafter referred to as "Husband"), and JILL E. STAUFFER,
(hereinafter referred to as "Wife").
WITNESSETH:
WHEREAS, Husband and Wife, were lawfully married on April 61991; and
WHEREAS, the parties hereto have two minor children of the marriage, namely Ashley E.
Stauffer born September 14, 1991 and Kyra A. Stauffer, born November 30,1993; and
WHEREAS, the parties have lived separate and apart since November 24, 2003 and have
continued to do so within the meaning of the Pennsylvania Divorce Code; and
WHEREAS, 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,
the settling of all matters between them relating to the ownership of real and personal property, the
support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the
receipt and sufficiency 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. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live
separate and apart. Each shall be free from all control, restraint, interference and authority, direct or
indirect by the other. Each may reside at such place or places as he or she may select. Each may,
for his or her separate use or benefit, conduct, carry on or 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, nor compel or attempt to compel the other to cohabit or
dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with
the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired
by the other.
2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the
opportunity to receive independent legal advice from counsel of his or her selection. Husband was
initially represented by Michael S. Travis, Esquire and is now represented by Joanne Harrison
Clough, Esquire and Wife has been represented by Debra R. Mehafrie, Esquire. Each party fully
understands the facts and his or her legal rights and obligations, and each parry acknowledges and
accepts 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
duress or undue influence, and that it is not the result of any improper or illegal agreement or
agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code,
whereby the court has the right and duty to determine all marital rights of the parties including
divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property
owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing
the same, each party hereto still desires to execute this Agreement acknowledging that the terms and
conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her
respective right to have the Court of Common Pleas of Cumberland County, or any other court of
competent jurisdiction, make any determination or order affecting the respective parties' rights to
alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and
costs of litigation.
3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or
she is aware of his or her right to seek discovery including, but not limited to, written
-2-
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has
had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law
and each is aware of his or her right to have the real and/or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any
other court of competent jurisdiction. The parties do hereby acknowledge that there has been full
and fair disclosure to the other of his or her respective income, assets and liabilities, whether such
are held jointly, in the name of one party alone or in the name of one of the parties and another
individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal
or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties
do not wish to make or append hereto any further enumeration or statement. Specifically, each
party waives the need for copies of bank statements, insurance policies, retirement plan statements
or any other documentation. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fair, reasonable, and equitable, and is satisfactory
to them. Each of the parties hereto further covenants and agrees for himself and herself and his or
her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or assigns in any action of contention, direct
or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there
was any fraud, duress, undue influence or that there was a failure to have available full, proper and
independent representation by legal counsel.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties
agree, that by this Agreement they have resolved all ancillary economic issues related to the
dissolution of their marriage and thus any divorce action with respect to these parties shall be
limited to a claim for divorce only. The parties acknowledge that Wife has filed a Complaint in
the Court of Common Pleas in Cumberland County, Pennsylvania to Docket No. 2004-CV-1355.
The parties agree that concurrent with the execution of this Agreement they will each execute an
Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree so that
either party may finalize the divorce action in a timely fashion. Upon completion of the divorce
action, counsel obtaining a divorce decree shall supply to opposing party a copy of the Decree.
5. EQUITABLE DISTRIBUTION. The parties have attempted to distribute their
marital property in a manner which conforms to the criteria set forth in Section 3502 of the
Pennsylvania Divorce Code. The division of existing marital property is not intended by the
parties to constitute in any way a sale or exchange of assets, and the division is being affected
without the introduction of outside funds or other property not constituting marital property. The
division of property under this Agreement shall be in full satisfaction of all marital rights of the
parties, and shall be as follows:
A. Real Estate -6 Scarsdale Drive, Camp Hill, Cumberland County, Pennsvlvlania
The parties acknowledge that the formerly jointly titled real estate situated at 6 Scarsdale
Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as the "Real
Estate"), was utilized by the parties as the marital residence and has been sold. The
parties have satisfied all encumbrances on the real property. The proceeds of the sale in
the amount of $9,550.91 are presently in an escrow account (hereinafter referred to as
"escrow funds"). Husband agrees to award 60% of the escrow funds in lieu of a 50/50
distribution and said 10% additional distribution shall be considered full and final
satisfaction of any and all orthodontic obligation Husband had for the minor children as
of the date of the execution of this Agreement. Said escrow funds shall be distributed as
-4-
set forth herein within ten (10) days of the execution of this Agreement.
B. Division of Household and Personal Property. The parties have previously
divided between themselves to mutual satisfaction, their household and personal property
upon agreement. Neither party shall make any claim to any such items of marital
property designated to the other party, or of the separate personal property of either party,
which are now in the possession and/or under the control of the other. Should it become
necessary, the parties each agree to sign, upon request, any titles or documents necessary
to give effect to this paragraph. Property shall be deemed to be in the possession or
under the control of either party if, in the case of tangible personal property, it is
physically in the possession or control of the party at the time of the signing of this
Agreement or in the case of intangible personal property, if any physical or written
evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or
other similar writing is in the possession or control of the party.
C. Motor Vehicles. The parties specifically agree that each party shall retain
exclusive use and ownership of the vehicles presently in his or her possession. Each
party shall be fully and solely responsible for any and all financial or other obligations
associated with the vehicle(s) and he or she agrees to indemnify and hold harmless the
other party from any and all liability for same. Each party agrees to execute any title or
other documentation to effectuate the terms of this paragraph as provided herein. The
parties also agree to obtain the necessary automobile insurance for the vehicle he or she
is retaining with no laps in coverage.
-5-
D. Pension, Profit Sharing, Retirement, or other Plans Related to Employment.
Husband and Wife hereby acknowledge that Wife has a Qualified Retirement
Plan through her employer that was acquired after the party's separation. The parties
specifically agree that Wife shall retain her post-separation Qualified Retirement Plan
and any other plans related to her employment in her name. Husband waives any and all
rights he may have to same and any other plans titled to Wife.
Husband, through his employment, has a defined benefit Retirement and Pension
Plan with the Iron Worker's District Counsel (Philadelphia & Vicinity). The Segal
Company evaluated Husband's benefit on October 27, 2005 and determined that the
present value of Husband's accrued benefit as of November 1, 2005 was $66,975.60.
Husband and Wife acknowledge that Husband's defined Retirement and Pension Plan is
subject to equitable distribution through this divorce action. Husband and Wife hereby
acknowledge that Wife is entitled to one-half of the marital portion of Husband's defined
benefit Retirement and Pension Plan, said marital portion being defined as that amount
which has accumulated between the parties' date of marriage on April 6, 1991 and the
parties' date of separation on November 24, 2003 to include cost of living adjustments, if
applicable under the plan. However, the parties agree that the marital portion of this asset
shall be divided 60% to Husband and 40% to Wife. Husband's additional 10% award is
made in full satisfaction of any potential alimony claim that he may have, as set forth in
Paragraph 8 of this Agreement. The parties further agree that Wife shall be considered a
surviving spouse and shall be entitled to receive fifty (50%) of the qualified pre-
retirement survivor annuity payable on behalf of Husband in the event that he should die
prior to commencement of benefits. The parties also agree that Wife shall be entitled to
6
Husband's death benefit attributable to the portion of the pension set forth in the
Qualified Domestic Relations Order. The parties agree to equally split the costs
associated with preparation of a Qualified Domestic Relations Order to divide this asset.
It is anticipated that Pension Appraisers, Inc. will prepare the Qualified Domestic
Relations Order to be reviewed by the parties and the Iron Worker's District Counsel
within thirty (30) days of the entry of the Decree in Divorce. Husband and Wife hereby
acknowledge that they shall cooperate, through their attorneys, with any and all necessary
information, documentation, etc., for the completion of said Qualified Domestic
Relations Order. Both attorneys shall be kept informed of the progress of the preparation
of the Qualified Domestic Relations Order, as well as approval by the Iron Worker's
District Counsel prior to the signature by the parties and approval by the Court.
E. Distribution of Cash Assets Stocks and Bonds and Investment Accounts.
The parties agree that they have distributed to each, to their mutual satisfaction, the sums
deposited in the marital bank accounts. The parties further agree that they shall retain as
their respective sole and separate property any other depository or brokerage accounts,
stocks, or bonds held in their respective individual names. If either party remains upon
an account to be retained by the other party, the parties agree that they shall take all steps
that are necessary to title the account to a sole name within thirty (30) days of the date of
this Agreement.
F. Life Insurance. Other life insurance policies, if any, would be retained by the
titled owner and the other party shall waive any and all rights to same. There shall be no
restrictions on either party regarding designations of beneficiaries nor shall there be any
-7-
other limitations regarding the financing, continuation, or termination of any life
insurance policies held by either of the parties.
6. DEBTS. Husband represents and warrants to Wife that since the separation he
has not, and in the future he will not contract or incur any debt or liability for which Wife or her
estate might be responsible, and he shall indemnify and save Wife harmless from any and all
claims or demands made against her by reason of such debt or obligation incurred by him since
the date of said separation, except as otherwise set forth herein.
Wife represents and warrants to Husband that since the separation she has not, and in the
future she will not, contract or incur any debt or liability for which Husband or his estate might
be responsible, and she shall indemnify and save Husband harmless from any and all claims or
demands made against him by reason of such debts or obligations incurred by her since the date
of said separation, except as otherwise set forth herein. The parties also agree to the following:
a. Marital Debt. During the course of the marriage, Husband and Wife have
incurred certain bills and obligations that are marital debt. It is their specific
desire to address a distribution of those debts herein. The parties agree that each
party shall retain as his or her sole and separate obligation the marital debt as
described in this section.
b. General Provision: Any debt herein described shall be deemed to include the
current balance owed on the debt as of the date of execution of this Agreement.
C. Wife's debts: Wife shall be solely responsible for the following bills and debts:
Any and all other debts, liabilities, obligations, loans, credit card accounts, and
the like incurred in Wife's sole name, and not otherwise provided for herein. Wife
shall be solely responsible for her student loan with an approximate balance of
$16,637.00.
d. Husband's Debts: Husband shall be solely responsible for the following bills and
debts: Any and all other debts, liabilities, obligations, loans, credit card accounts,
and the like incurred in Husband's sole name, and not otherwise provided for
herein. Husband shall be solely responsible for the automobile loan in favor of
Waypoint Bank with an approximate balance of $9,000.00
Indemnification: Each party agrees to hold the other harmless from any and all
liability which may arise from the aforesaid bills which pursuant to the terms
herein are not the responsibility of the other party. This includes but is not
limited to any attorney's fees and costs incurred by the other party as the result of
defending against the obligation and/or enforcing the provisions of this
indemnification.
f, No Further Charges on Joint Debts: Neither party shall make any further charges
on any joint debt for which the other party may be responsible, and if said charges
are made in violation of this Agreement, then the party incurring said charge shall
immediately repay same. From the date of this Agreement, each party shall only
use those credit accounts or incur such further obligations for which that party is
individually and solely liable and the parties shall cooperate in closing any
remaining accounts which provide for joint liability.
g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be
the sole responsibility of the party who has incurred or may hereafter incur it, and
the party incurring or having incurred said debt shall pay it as it becomes due and
payable.
7. INCOME TAX. The parties have heretofore filed joint federal and state tax
returns. Both parties agree that, in the event any deficiency in federal, state or local income tax
is proposed or any assessment of any such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense incurred in connection therewith.
Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentations or failures to disclose the nature and
extent of his or her separate income on the aforesaid joint returns.
The parties agree to file separate tax returns for the year a decree in divorce is entered. It
is further agreed that Wife shall be entitled to claim the children Ashley and Kyra Stauffer as
dependents on her income tax return for 2007 and thereafter.
The parties believe and agree, and have been so advised by their respective attorneys, that
the division of property heretofore made by this Agreement is a non-taxable division of property
-9-
between co-owners rather than a taxable sale or exchange of such property. Each party promises
not to take any position with respect to the adjusted basis of the property assigned to him or her
or with respect to any other issue which is inconsistent with the provisions set forth in the
preceding sentence on his or her federal or state income tax return.
8. ALIMONY ALIMONY PENDENTE LITE SPOUSAL SUPPORT
It is acknowledged by the parties that Husband currently receives social security
disability benefits and that each child currently receives derivative social security benefits as a
result of husband's disability. The parties further acknowledge that Husband may be entitled to
alimony from Wife in an amount equal to but no more than the amount that Wife could receive
from Husband for child support payments for the minor children until November 30, 2011. In the
event Wife obtains a child support order while husband is still receiving social security benefits,
then wife shall have an alimony obligation to husband in the exact dollar amount of said child
support order. In the event that Husband's social security disability benefit terminates, the
parties recognize that Wife may have a need to pursue a claim of child support. Therefore, it is
acknowledged by the parties that the 10% additional distribution of Husband pension as set forth
in Paragraph 5 (D) of this Agreement shall constitute full and complete satisfaction of any
potential alimony award that Husband may have been entitled to.
9. PAYMENT OF COUNSEL FEES The parties acknowledge that they are each
responsible for payment of their own counsel fees and costs associated with their divorce,
custody and support disputes. Neither party shall seek contribution from the other for counsel
fees or costs incurred through the date of execution of this Agreement.
10. BANKRUPTCY OR REORGANIZATION PROCEEDINGS: In the event
that either party becomes a debtor in any bankruptcy or financial reorganization proceeding of
10
any kind while any obligations remain to be performed by that party for the benefit of the other
party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and
relinquishes any right to claim any exemption (whether granted under State or Federal law) to
any property remaining in the debtor as a defense to any claim made pursuant hereto by the
creditor-spouse as set forth herein, including all attorney fees and costs incurred in the
enforcement of this paragraph or any other provision of this Agreement. No obligation created
by this Agreement shall be discharged or discharged or dischargeable, regardless of Federal or
State law to the contrary, and each party waives any and all right to assert that obligation
hereunder is discharged or dischargeable.
The parties mutually agree that in the event of bankruptcy or financial reorganization
proceedings by either party in the future, any monies to be paid to the other party, or to a third
parry, pursuant to the terms of this Agreement, shall constitute support and maintenance and
shall not be discharged in bankruptcy.
11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically
set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights
-11-
and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying
a beneficiary designation which belongs to the other party under the terms of this Agreement,
including, but not limited to, pensions and retirement plans of any sort or nature, deferred
compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay
checks or any other post-death distribution schemes, and each party expressly states that it is his
and her intention to revoke by the terms of this Agreement any beneficiary designations naming
the other which are in effect as of the date of execution of this Agreement. If and in the event the
other party continues to be named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased party.
13. WAIVER OF CLAIMS. Except for the obligations of the parties contained in
this Agreement and such rights as are expressly reserved herein, each party gives to the other by
the execution of this Agreement an absolute and unconditional release and discharge from all
causes of action, claims, rights or demands whatsoever in law or in equity, which either party
ever had or now has against the other.
14. PRESERVATION OF RECORDS. Each party will keep and preserve for a
period of four (4) years from the date of their divorce decree all financial records relating to the
marital estate, and each party will allow the other party access to those records in the event of tax
audits.
15. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
16. SEVERABILITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall
12
nevertheless survive and continue in full force and effect without being impaired or invalidated
in any way.
17. BREACH. If either party hereto breaches any provision hereof, the other party
shall have the right, at his or her election, to sue for damages for such breach, or seek such other
remedies or relief as may be available to him or her. The non-breaching party shall be entitled to
recover from the breaching party all costs, expenses and legal fees actually incurred in the
enforcement of the rights of the non-breaching party.
18. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
of this Agreement.
19. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of
execution of this Agreement.
20. DATE OF EXECUTION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
21. EFFECTIVE DATE. This Agreement shall become effective and binding upon
both parties on the execution date.
22. DATE OF DISTRIBUTION. The date of distribution under this Agreement
shall be the same as the effective date, unless otherwise set forth herein.
-13-
23. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This
Agreement shall remain in full force and effect and shall not be abrogated even if the parties
effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This
Agreement also shall continue in full force and effect in the event of the parties' divorce. There
shall be no modification or waiver of any of the terms hereof unless the parties in writing execute
a statement declaring this Agreement or any term of this Agreement to be null and void.
24. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text
of the several paragraphs 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.
25. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall
bind the parties hereto and their respective heirs, executors, administrators, legal representatives,
assigns, and successors in any interest of the parties.
26. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully
read this Agreement; that he or she has sought sufficient legal advice from legal counsel of his or
her own choice, if any, and has executed it voluntarily and in reliance upon his or her own
attorney, if any; and that this instrument expresses the entire agreement between the parties
concerning the subjects it purports to cover and supersedes any and all prior agreements between
the parties. This Agreement should be interpreted fairly and simply, and not strictly for or
against either of the parties.
27. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver
to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations,
tax returns, and other documents, and shall do or cause to be done every other act or thing that
14
may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If
either party unreasonably fails on demand to comply with these provisions, that party shall pay to
the other party all attorney's fees, costs, and other expenses actually incurred as a result of such
failure.
28. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated
into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into
said decree. The parties shall have the right to enforce this Agreement under the Divorce Code
of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not
waived or released.
29. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY
ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE
AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY
WERE ORDERED BY THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto
have hereunto set their hands and seals the day and year first above written.
WILLIAM C. STAUFFER
-A --
\ UFFER
-15-
COMMONWEALTH. OF PENNSYLVANIA
COUNTY OF
On this 131 day of 2008 before me, the undersigned officer,
personally appeared WILLIAM C. STAUFFER, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, and acknowledged that he executed
the same for the purposes therein contained.
Notary "Public
COMMONWEALTH OF PENNSYLVAr
NOTARIAL SEAL
COMMONWEALTH OF PENNSYLVANIA 5HARRY D. SEMANS Notary Public
• Ci of IIarrisburgrg, Dauphin County
.................... .. ...
COUNTY OF DAUPHIN
On this day of 2008, before me, the undersigned officer,
personally appeared JILL E. STAUFFER, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, and acknowledged that she executed
the same for the purposes therein contained.
NOTARIAL STEAL
KW L SNYDER
otary Pu is
SUSQUEHANNA TWIT; OiAUIIM COUNTY
My Commission EXPOM 001 23. 2011
16
JILL E. STAUFFER : IN THE COURT OF OMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYVLANIA
V. :CIVIL ACTION - LAW
WILLIAM C. STAUFFER : Docket No. 04-1355
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 30,
2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of the intention to
request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unworn falsification to authorities.
Date Jill . r, Plaintiff
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JILL E. STAUFFER
Plaintiff
V.
WILLIAM C. STAUFFER
Defendant
: IN THE COURT OF OMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYVLANIA
:CIVIL ACTION - LAW
Docket No. 04-1355
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER & 3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver of Notice are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities.
Date Ji ffer, Plaintiff
-51
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JILL STAUFFER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2004-1355
WILLIAM STAUFFER, 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
March 30, 2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to
Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require my
spouse and I to participate in counseling and, being so advised, do not request that the Court
require that my spouse and I participate in counseling prior to the divorce becoming final.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:/
Willi tauffer
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JILL STAUFFER,
Plaintiff
V.
WILLIAM STAUFFER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-1355
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER
§ 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 affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating
to unsworn falsification to authorities.
DATE: William Stauffer
c
co
JILL E. STAUFFER
Plaintiff
V.
WILLIAM C. STAUFFER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYVLANIA
: CIVIL ACTION - LAW
Docket No. 04-1355
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a
divorce decree:
1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code.
2. Date and Manner of service of the complaint: it is believed that prior counsel served
by First Class Mail and Certified Mail after the complaint was filed on March 30,
2004. Defendant accepted service on April 4, 2004.
3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce
Code: by Plaintiff August 1, 2008; by Defendant on July 31, 2008.
4. Related claims pending: None
5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary: August 14, 2008.
Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the
Prothonotary: August 14, 2008.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
JILL E. STAUFFER, 11
Plaintiff
VERSUS
WILLIAM C. STAUFFER,
Defendant
No. 2004-1355
DECREE IN
DIVORCE vi J1 Al AND NOW, ` 2008 , IT IS ORDERED AND
DECREED THAT JILL E. STAUFFER
, PLAINTIFF,
AND WILLIAM C. STAUFFER DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None. The Marital Settlement Agreement dated August 1, 2008
shall be incorporated and not merge inter-t1,PW, 6ec,xr'gV.
BY THi?"COURT:
ATTEST: / J.
PROTHONOTARY
s2 r
e
FEB ' 0 ZON4
JILL E. STAUFFER
Plaintiff
V.
WILLIAM C. STAUFFER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYVLANIA
CIVIL ACTION - LAW
Docket No. 04-1355
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
IT IS HEREBY ORDERED AS FOLLOWS:
1. The parties hereto were husband and wife, and a divorce action is in this Court at the
above number, and this Court has personal jurisdiction over the parties. The parties were married
on April 6, 1991 and divorced on August 19, 2008. This Order is being entered pursuant to the
Final Judgment of Divorce entered by this Court.
2. The term "participant" means the Defendant, William C. Stauffer, born April 11, 1962,
social security number 188-50-0331. The Defendant's last known address is 74 Keefer Way,
Mechanicsburg, Pennsylvania 17055. The Defendant is a participant under the Iron Workers
District Counsel Philadelphia and Vicinity Benefit and Pension Plan.
3. The term "alternate payee" means the Plaintiff, Jill E. Stauffer, born May 21, 1971, social
security number 162-48-1002. The Plaintiff's last known address is 80 Beard Road, Enola,
Pennsylvania 17025, in Silver Springs Township, Pennsylvania.
4. The term "plan" means the Iron Workers District Counsel Philadelphia and Vicinity
Benefit and Pension Plan.
5. The alternate payee is the former spouse of the participant.
6. The term "plan administrator" means the administrative manager for the Plan.
R
7. This Order is drawn pursuant to the laws of the State of Pennsylvania regarding the
equitable distribution of marital property (as that term is defined therein) between spouses and
former spouses in actions for dissolution of marriage.
8. The plan administrator is to withdraw from the participant's gross monthly retirement
allowances, for equitable distribution payment to the alternate payee, an amount to be computed
by multiplying the gross monthly retirement allowances by 40% and a coverture fraction in
which the numerator will be 17 years and 4 months, which constitutes the total number of years
the spouses were married while the participant was a member of the retirement system, and the
denominator will be stated to be the total years of services accrued within the retirement system
at the time of retirement, and to make payment of the same to the alternate payee. It is the
intention of the parties that this Order be a Qualified Domestic Relations Order (herein referred
to as "QDRO") pursuant to the Retirement Equity Act of 1984, as amended. Should the Order
not qualify as a QDRO, the parties agree to execute a consent or any additional order which may
be necessary to constitute a QDRO under the Retirement Equity Act of 1984, as amended.
9. The alternate payee may elect to commence her benefits under the plan as soon as it is
administratively feasible following the date this Order is found to be acceptable by the plan
administrator or on the date the participant commences his benefits, if later.
10. The monthly payments under Paragraph 8 shall commence when the participant
commences his benefits and upon completion of the necessary paperwork. Alternative payee
shall continue to receive her share of the benefits for as long as the participant has a right to
receive benefits under plan and shall cease at the death of either party.
11. If the participant dies prior to commencement of benefits as set forth herein, the alternate
r'
payee shall be considered a surviving spouse and the plan administrator shall make payment to
the alternate payee in an amount equal to 50% of the qualified pre-retirement survivor annuity
payable on behalf of the participant.
12. If the participant dies prior to commencement of benefits as set forth herein, the plan
administrator shall make payment to the alternate payee in an amount equal to 50% of the
participant's death benefit.
13. The participant agrees to cooperate with the alternate payee to prepare an application for
direct payment to the alternate payee from the participant's plan, if necessary. The participant
agrees to execute all documents that the plan may require to certify that the specified portion of
the plan benefit can be provided to the alternate payee.
14. It is understood and acknowledged that the payments made to the alternate payee are
taxable income to her and she will be responsible for reporting this income to appropriate taxing
authorities.
15. Nothing contained in this paragraph shall be construed to require any plan or plan
administrator : (a) to provide to the alternate payee any type or form of benefit or any option not
otherwise available to the participant under the plan; (b) to provide the alternate payee increased
benefits (determined upon the basis of actual real value) not available to the participant; of (c)
pay any benefits to the alternate payee which are required to be paid to another alternate payee
under another Order determined by the plan administrator to be a QDRO before this paragraph is
determined by the plan administrator to be a QDRO.
16. The Court retains jurisdiction to amend this Order for purposes of establishing or
maintaining its qualification as a QDRO under the Retirement Equity Act of 1984, as amended.
17. The participant shall be required to notify the alternate payee, in writing, within thirty
(30) days prior to the participant's actual date of retirement. Such notice shall indicate
participant's intention to retire and benefit commencement date. The notice shall be sent via
regular, first-class mail. For this purpose, the alternate payee shall notify the participant of any
changes in her mailing address.
18. The alternate payee shall have the duty to notify the plan administrator in writing
of any changes in her mailing address subsequent to the entry of this Order.
WStau er
ipant / Defendant
5A uffer
Alternate Payee / Plaintiff
IT IS SO ORDERED on this /2' day of f?,G 2009.
Distribution:
Debra R. Mehaffie, Esquire 000 Linglestown Road, Suite 106, Harrisburg, Pa 17110 (Attorney
for Plaintiff)
J nne H. Clough, Esquire, 3820 Market Street, Camp Hill, Pa 17011 (Attorney for Defendant)
J
BY THE, COT JR T-
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I
JUL 2' 8 2009 G
JILL E. STAUFFER
Plaintiff
V.
WILLIAM C. STAUFFER
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYVLANIA
CIVIL ACTION - LAW
Docket No. 04-1355
IN DIVORCE
AMENDED QUALIFIED DOMESTIC RELATIONS ORDER
IT IS HEREBY ORDERED AS FOLLOWS:
1. The parties hereto were husband and wife, and a divorce action is in this Court at the
above number, and this Court has personal jurisdiction over the parties. The parties were married
on April 6, 1991 and divorced on August 19, 2008. This Order is being entered pursuant to the
Final Judgment of Divorce entered by this Court.
2. The term "participant" means the Defendant, William C. Stauffer, born April 11, 1962,
social security number 188-50-0331. The Defendant's last known address is 74 Keefer Way,
Mechanicsburg, Pennsylvania 17055. The Defendant is a participant under the Iron Workers
District Counsel Philadelphia and Vicinity Benefit and Pension Plan.
3. The term "alternate payee" means the Plaintiff, Jill E. Stauffer, born May 21, 1971, social
security number 162-48-1002. The Plaintiff's last known address is 80 Beard Road, Enola,
Pennsylvania 17025, in Silver Springs Township, Pennsylvania.
4. The term "plan" means the Iron Workers District Counsel Philadelphia and Vicinity
Benefit and Pension Plan.
5. The alternate payee is the former spouse of the participant.
6. The term "plan administrator" means the administrative manager for the Plan.
7. This Order is drawn pursuant to the laws of the State of Pennsylvania regarding the
equitable distribution of marital property (as that term is defined therein) between spouses and
former spouses in actions for dissolution of marriage.
8. The plan administrator is to withdraw from the participant's gross monthly retirement
allowances, for equitable distribution payment to the alternate payee, an amount to be computed
by multiplying the gross monthly retirement allowances by 40% and a coverture fraction in
which the numerator will be 13 years, which constitutes the total number of years the spouses
were married while the participant was a member of the retirement system (although the parties
were actually married for 17 years and 4 months in total), and the denominator will be stated to
be the total years of services accrued within the retirement system at the time of retirement, and
to make payment of the same to the alternate payee. It is the intention of the parties that this
Order be a Qualified Domestic Relations Order (herein referred to as "QDRO") pursuant to the
Retirement Equity Act of 1984, as amended. Should the Order not qualify as a QDRO, the
parties agree to execute a consent or any additional order which may be necessary to constitute a
QDRO under the Retirement Equity Act of 1984, as amended.
9. The alternate payee may elect to commence her benefits under the plan as soon as it is
administratively feasible following the date this Order is found to be acceptable by the plan
administrator or on the crate the participant commences his benefits, if later.
10. The monthly payments under Paragraph 8 shall commence when the participant
commences his benefits and upon completion of the necessary paperwork. Alternative payee
shall continue to receive her share of the benefits for as long as the participant has a right to
receive benefits under plan and shall cease at the death of either party.
11. If the participant dies prior to commencement of benefits as set forth herein, the alternate
payee shall be considered a surviving spouse and the plan administrator shall make payment to
the alternate payee in an amount equal to 50% of the qualified pre-retirement survivor annuity
payable on behalf of the participant.
12. If the participant dies prior to commencement of benefits as set forth herein, the plan
administrator shall make payment to the alternate payee in an amount equal to 50% of the
participant's death benefit.
13. The participant agrees to cooperate with the alternate payee to prepare an application for
direct payment to the alternate payee from the participant's plan, if necessary. The participant
agrees to execute all documents that the plan may require to certify that the specified portion of
the plan benefit can be provided to the alternate payee.
14. It is understood and acknowledged that the payments made to the alternate payee are
taxable income to her and she will be responsible for reporting this income to appropriate taxing
authorities.
15. Nothing contained in this paragraph shall be construed to require any plan or plan
administrator : (a) to provide to the alternate payee any type or form of benefit or any option not
otherwise available to the participant under the plan; (b) to provide the alternate payee increased
benefits (determined upon the basis of actual real value) not available to the participant; of (c)
pay any benefits to the alternate payee which are required to be paid to another alternate payee
under another Order determined by the plan administrator to be a QDRO before this paragraph is
determined by the plan administrator to be a QDRO.
16. The Court retains jurisdiction to amend this Order for purposes of establishing or
maintaining its qualification as a QDRO under the Retirement Equity Act of 1984, as amended.
17. The participant shall be required to notify the alternate payee, in writing, within thirty
(30) days prior to the participant's actual date of retirement. Such notice shall indicate
participant's intention to retire and benefit commencement date. The notice shall be sent via
regular, first-class mail. For this purpose, the alternate payee shall notify the participant of any
changes in her mailing address.
18. The alternate payee shall have the duty to notify the plan administrator in writing
of any changes in her mailing address subsequent to the entry of this Order.
19. This Order shall supercede and replace the Order of February 12, 2009 and all
prior Orders of Court pertaining to division of the Plan.
William C. Stauffer Jill E. ffer
Participant / Defendant Alternate Payee / Plaintiff
IT IS SO ORDERED on this day of '2009.
Distribution:
J
ebra R. Mehaffie, Esquire, 2000 Linglestown Road, Suite 106, Harrisburg, Pa 17110 (Attorney
for Plaintiff)
.,?Joanne H. Clough, Esquire, 3820 Market Street, Camp Hill, Pa 17011 (Attorney for Defendant)
(-Oft ?£-S vnat cl.
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2009 JUL 29 Al 8: 3
Cl,d? : Ji?r?TY