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HomeMy WebLinkAbout08-5433 JEFFREY NEWBURY, Plaintiff VS. STEPHANIE NEWBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08 - Y4133 CIVIL TERM : 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, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. JEFFREY NEWBURY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW STEPHANIE NEWBURY, NO. 08 - 54 CIVIL TERM /33 Defendant IN DIVORCE COMPLAINT COUNT 1- FOR DECREE OF DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Jeffrey Newbury, an adult individual, who resides at 70 Ridge Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Stephanie Newbury, an adult individual, who resides at 119 Andrew Court, Carlisle, Pennsylvania, 17013 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 6, 1991 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT 2 - EQUITABLE DISTRIBUTION UNDER 3104 AND 3502 OF THE DIVORCE CODE 9. Previous paragraphs are herein incorporated. 10. Plaintiff and Defendant have acquired property, both real and personal, during their mamage. 11. Plaintiff and Defendant have been unable to agree to an equitable distribution of said property. 12. Plaintiff requests the court to equitably distribute the property. WHEREFORE, Plaintiff respectfully requests that an Order be entered distributing all the properties, real and personal, as the Court may deem equitable and just. Respectfully submitted, BAYLEY & MANGAN Date: q-L ()'? ark F. Bayley, Es 're 17 West South St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ; CIVIL ACTION - LAW STEPHANIE NEWBURY, NO. 08 - CIVIL TERM Defendant IN DIVORCE VERIFICATION I, JEFFREY W. NEWBURY, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ?? d W n ? a ti O ? `nl ? r O R? F JEFFREY NEWBURY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 08 - 5?63CIVIL TERM STEPHANIE NEWBURY, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes Jeffrey Newbury, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within petition avers as follows: 1. No judge has previously been assigned to a matter involving the above captioned action. 2. The parties are Plaintiff, Jeffrey Newbury (hereafter "Husband") and Defendant, Stephanie Newbury (hereafter "Wife") 3. The parties were married on April 6, 1991; they have four children between the ages of four and fourteen (a custody trial is scheduled in December of 2008). 4. The marital residence is located at 73 Ridge Avenue, Carlisle, and is owned jointly by the parties. 5. The parties separated on or around July 5, 2008; Husband remained at the marital residence; Wife left the marital residence and recently relocated to 119 Andrew Court, Carlisle. 6. Since separation, Husband has assumed responsibility for any and all expenses related to the marital residence including but not limited to mortgage, tax, and utility payments. 7. The marital estate additionally consists of various items of personal property. 8. Up until the weekend beginning August 28, 2008, Husband had been engaged in good faith negotiations with Wife regarding the division of personal property, despite the fact that Wife was demanding approximately 95% of everything; Wife had already removed various items from the marital property prior to this date. 9. Husband took a beach trip with the children on the weekend of August 28, 2008; Wife used this opportunity to plunder virtually all of the personal property from the marital residence including but not limited to the following items: a. front loading washer; b. dining room table; C. several television sets; d. DVD player and VCR; e. entertainment center; f. Chaise lounge; g. king size water bed; h. computer, external DVD burner, Linksys router, Canon printer, computer desk, computer chair, and computer accessories; i. stereo system; j. children's furniture and all of children's clothing; I living room curtains; 1. virtually all decorations; M. towels and linen sets; n. DVD and VHS movies; o. dishes, pots, pans, deep fryer, convection toaster oven, wine glasses; P. 85% of food in pantry, refrigerator, and lazy suzan including various items which Husband had recently purchased; q. all spices; r. all Christmas decorations; S. large and small area rugs; t. outside bar and 4 chairs; U. wooden bakers rack; V. vacuum; W. video camera; and X. other miscellaneous items. 10. Wife plundered the marital residence within a week after a spousal and child support conference from which her net income became approximately the same as Husband's net income. 11. Husband wishes to remain in the marital residence and wishes to have his own privacy and to be protected against Wife's continuous raids. 12. Husband is in economic disaster; he is in no better position than wife is to pay replacement costs for the above items; it would be equitable to appraise the above items and to divide them evenly. 13. Plaintiff is interested in immediately obtaining the computer (9h. above) in order to retrieve his business documents and email contacts of immediate concern. 14. The Defendant is presumably in opposition to the within petition. WHEREFORE, Husband respectfully requests the Court to exclude Wife from the marital residence pending further order of court and to divide the personal property, which is of immediate importance to the parties, in an equitable fashion. Date: Respectfully submitted: i -? 0 Mark F. Bayley, Esquire BAYLEY & MANGAN 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 JEFFREY NEWBURY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 08 - CIVIL TERM STEPHANIE NEWBURY, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I verify that the foregoing statements are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. JEFFREY NEWBURY, Plaintiff vs. STEPHANIE NEWBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Carol Lindsey, Esquire 26 W. High Street Carlisle, PA 17013 ?C O Mark F. Bayley, quire Dated: ?r q n f f`T ; ` ? f F T1 ? r JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW STEPHANIE NEWBURY, NO. 08 - 5433 Defendant IN DIVORCE ACCEPTANCE OF SERVICE CIVIL TERM I, CAROL LINDSAY, Esquire hereby accept service of the Complaint in Divorce on behalf of the Defendant, STEPHANIE NEWBURY, in the above-captioned action and I certify that I am authorized to do so. r7 Dat BY: ?? ???? ??,. ? ? y f , ?: ? -'? ??? ?? . . JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE NEWBURY, DEFENDANT NO. 08-5433 CIVIL ORDER OF COURT AND NOW, this 23rd day of September, 2008, upon consideration of the Petition for Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that a status conference will be held on Monday, September 29, 2008, at 10:00 a.m. in chambers of Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 'Mark Bayley, Esquire Attorney for Plaintiff /Carol Lindsay, Esquire Attorney for Defendant bas I" 'ehta (Lc I 4/a3/09 tz'47 - 1?k t - M. L. Ebert, Jr., J. tz 8-AS Q1 +? ?' SEPI U Luud C, 5 TAMBREY ANNE STRICKLAND, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NUMBER: TIMOTHY FRANCIS DOWNEY and, DANA SHROY, Defendants IN CUSTODY 08 - 5453 l r Wit -Tix" ORDER AND NOW, this )3 d day of Sa??- , 2008, upon consideration of the within Motion, Stipulation, and Complaint, it is hereby Ordered as follows: 1. Custodial Parent, TAMBREY ANNE STRICKLAND, shall have primary physical and legal custody of CONNER PATRICK DOWNEY, born August 2, 2008. Said rights of legal custody shall include the right to obtain health insurance coverage and the right to make all decisions and to authorize medical treatment for the minor child, the right to educate the minor child in the public school district of the Custodial Parent, or at such other educational institution as she may deem fit, and to provide a religious upbringing for the child as the Custodial Parent shall deem appropriate. 2. Mother, DANA SHROY, and Father, TIMOTHY FRANCIS DOWNEY, shall have such rights of temporary physical custody of the subject minor child as the parties shall from time to time agree. BY THE COURT: _,\? J? ? \s?--J. tribution: harlea E. Petrie, Esquire, 3528 Brisban Street, Harrisburg, PA 17111 //3Ymothy F. Downey, c/o Dauphin County Prison, 501 Mall Road, Harrisburg, PA 17111 Dana Shroy, 631 Oak Circle, Harrisburg, PA 17111 C.8 l fS /1' u I lL 9 a3?? vfirj VAII'Ivi`4f"I S 1° f I A VV OS VVOV /1 LJ1''iU't ?i iL 3Hi dd STEPHANIE NEWBURY, Plaintiff V. JEFFREY NEWBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5433 IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW COMES Plaintiff, Stephanie Newbury, by and through her counsel, Saidis, Flower & Lindsay and states as follows: 1. Petitioner is without income sufficient to provide for her reasonable needs. 2. Petitioner is without means to pay for her counsel fees, both reasonably incurred and incurred in response to Defendant's refusal to provide discovery. WHEREFORE, Petitioner prays this Honorable Court to enter an Order of alimony and alimony pendente lite in an amount sufficient to provide for Plaintiffs reasonable needs and for attorney's fees and costs. Respectfully submitted, SAIDIS. FLOWER & LINDSAY SAIDIS, FWVVER &. LIlVDS" AT- 815• -uW 26 West High Street Carlisle, PA Dated: 0 Carol J. Lindsay, quire Attorney 41..,"4 469 26 West reet Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. ap ewbu SAIDIS, FEWER & LIlVDs" 26 West High Street Carlisle, PA r CERTIFICATE OF SERVICE I hereby certify that on this 74 day of September, 2008, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol I Linds y, quire Supreme C No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER: STEPHANIE NEWBURY DOB: OCTOBER 31, 1967 SSN: 164-54-1244 ADDRESS: 119 ANDREW COURT, CARLISLE, PA 17015 ATTORNEY: CAROL J. LINDSAY, ESQUIRE PETITIONER'S EMPLOYMENT: ST. PATRICK SCHOOL HOW LONG? NET PAY: $708.90 PER MONTH JOB TITLE: OTHER INCOME: CARLISLE CROSSROADS, LLC RESPONDENT: JEFFREY NEWBURY DOB: SSN: ADDRESS: 70 RIDGE AVENUE, CARLISLE, PA 17013 ATTORNEY: MARK F. BAYLEY, ESQUIRE RESPONDENT'S EMPLOYMENT: MY OWN FAMILY DESIGN HOW LONG? JUNE 23, 2008 SAIDIS, LINDSAY A7 -UW 26 West High Street Carlisle, PA NET PAY: $4,333.00 PER MONTH JOB TITLE: OTHER INCOME: WHEN MARRIED: APRIL 16, 1991 WHERE: CAMP HILL, PA DATE SEPARATED: WHERE LAST LIVED TOGETHER: 70 RIDGE AVENUE, CARLISLE, PA 17013 FOR DRS INFORMATION ONLY Cr ? .--t c,ra 2 -? t` , C { , ? l ? am; ? ? ? o j (O c r" -a JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE NEWBURY, DEFENDANT NO. 08-5433 CIVIL ORDER OF COURT AND NOW, this 29th day of September, 2008, upon consideration of the Petition for Special Relief filed by the Plaintiff and after status conference with counsel this date, IT IS HEREBY ORDERED AND DIRECTED that: 1. Plaintiff is awarded exclusive possession of the marital residence at 73 Ridge Avenue subject to entry by the Defendant after reasonable notice and approval of the request by written Court Order; 2. Both parties shall not dispose of, damage, and/or transfer any items of marital property and/or any items purchased by either party prior to July 5, 2008, pending further Order of Court or written agreement by the parties; 3. The parties shall provide a list of all marital property of value which is in contention in this divorce action to Carl Ocker, Auctioneer, 4401 Philadelphia Avenue, Chambersburg, PA 17201, who shall then conduct an appraisal. A copy of the appraisal shall be provided to the Court. Plaintiff, Jeffrey Newbury shall pay for the appraisal. 4. Stephanie Newbury shall return the couple's computer to the husband for a period of 48 hours beginning at 6:00 p.m. on September 30, 2008, in order to allow husband to retrieve business documents and email contacts from the computer. The computer shall be available for pick up no later than 6:00 p.m. on October 2, 2008. Wife shall deliver and pick up the computer at the husband's residence. By the Court, - t*-L UA M. L. Ebert, Jr., J. /Mark Bayley, Esquire Attorney for Plaintiff /Carol Lindsay, Esquire Attorney for Defendant bas 06P. rn7 c 4/Avoe ZC =Z 11ld H 83S 800Z 311A --JQ STEPHANIE NEWBURY, Plaintiff/Petitioner VS. JEFFREY NEWBURY, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-5433 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW to wit, this 2nd day of October 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to an Order for spousal support being entered under PAC SES Case #001110160 and docketed at 00586 S 2008. BY THE COURT: Edward Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Carol J. Lindsay, Esq. Mark F. Bayley, Esq. Form OE-001 Type: M Worker: 21005 ? '? ? ` - ? ., c•.? ': i ?., - c,?, - .==? .., , ? .. ?- , - ? _' ra c. ? -? 5 ,, f ?' STEPHANIE NEWBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-5433 JEFFREY NEWBURY, Defendant IN DIVORCE PETITION FOR EMERGENCY RELIEF AND NOW COMES Plaintiff, Stephanie Newbury, Defendant above, by and through her counsel, Saidis, Flower & Lindsay and states as follows: 1. The parties hereto are husband and wife having been joined in marriage on April 6, 1991. 2. Petitioner filed a Complaint for a Divorce on September 12, 2008 with a Count in equitable distribution. 3. By way of background information, the parties have four minor children who reside with Petitioner. Respondent resides in the marital home. The Support Master's Order of September 29, 2008 found Petitioner's net monthly income at $1,254.00 and Respondent's net monthly income at $3,832.00. 4. The assets of the parties are extremely limited, consisting of the marital home with equity of approximately $17,000.00, two older, but lien-free vehicles and some household goods. 5. The marital debt is somewhat extensive, totaling approximately $17,000.00 and SAMIS, LP4DSAY A3TUHvetisn uw 26 West High Street Carlisle, PA consisting primarily of a joint Chase credit card with a balance at the time of separation of $14,221.47. 6. On September 29, 2008, at a hearing before the Support Master, Respondent tested that he intended to remain in the marital home, that he had not paid the mortgage on the marital home for September 2008, that he had no intention of paying the mortgage going forward and that he intended to file a bankruptcy under Chapter 7 of the Bankruptcy Code, remaining in the house until the automatic stay was lifted and the house sold in foreclosure. 7. Since the parties' separation and Petitioner's engaging of undersigned counsel, Petitioner has been attempting to list the marital home for sale. With his mortgage payment of $2,018.90 monthly and a support obligation of $1,694.00 per month, Respondent clearly cannot afford to retain the home nor, as he articulated at the Support Master's hearing, was his intention to do so. 8. Petitioner seeks the sale of the marital home so that proceeds can be applied against marital debt. 9. When Respondent files the Chapter 7 bankruptcy, he will discharge his obligation for marital debt, leaving payment of that debt to Respondent and he will have squandered the equity in the marital home, small though it is, for his own personal use (a residence pending foreclosure at no monthly cost to him) and with it the benefit to the marital estate of the elimination or substantial reduction of marital debt. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why the relief requested should not be granted. Petitioner prays that the Rule be returnable within a very short period of time as time is of the essence. Petitioner also prays that a real estate agent be selected by counsel for the parties and that the marital home be immediately listed for sale and that Respondent be ordered to cooperate with the real estate agent by maintaining the house in good order and cleanliness pending the sale so as to make the home as sellable as possible. Respectfully submitted, SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Carol J. Lindsa , E quire Attorney Id. 4 6 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Dated: %Q/47lea VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. S ephani Newbury SAIDIS, FLOWER & LINDSAY APIOINEYS•AT.uw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this 0 day of October, 2008, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol Tlrnas`ar s uird Supreme Cou D o. 44693 26 West High reet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATrO NEY5-Aiuw 26 West High Street Carlisle, PA ?" y hJ c'z:s "F7 T t' ' --'? 1 ' tom r c-. -? ?-? ?,=' ` " -? . ., t _t -? `?'> _. _:.;a .:,? ?.? •? Abb i SAIDIS, LIlVD AY .v?uw 26 West High Street Carlisle, PA OCT 0 7 20086, STEPHANIE NEWBURY, Plaintiff V. JEFFREY NEWBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5433 IN DIVORCE ORDER OF COURT AND NOW, this day of O j 0? Irk , 2008, upon consideration of the within Petition, a Rule is issued on the Respondent to show cause why the marital home should not be immediately listed for sale by a real estate agent selected by counsel for the parties and why Respondent should not be required to maintain the home in good and orderly condition pending sale and why the Respondent should not be required to fully cooperate with the real estate agent in obtaining a buyer for the marital home and selling it. Rule returnable 10 days from the date of service hereof. BY THE COURT, J. I? A' ??? • tt/ tof w s'3,,c?a LO :G ti4 6- 130 Z?2Z JEFFREY NEWBURY, Plaintiff vs. STEPHANIE NEWBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 5433 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S RESPONSE TO RULE TO SHOW CAUSE ISSUED OCTOBER 8.2008 AND NOW, comes Jeffrey Newbury, by and through his attorney, Mark F. Bayley, and in response to the Court's Rule To Show Cause issued October 8, 2008 avers as follows: 1. The Honorable M.L. Ebert, Jr. issued a rule upon Jeffery Newbury to show cause why the marital residence should not be immediately listed for sale, why the marital residence should not be maintained in a good and orderly condition pending sale, and why Mr. Newbury should not be required to fully cooperate with a real estate agent and marketing process. 2. Mr. Newbury has been cooperating with the lender involved, M & T Bank. 3. Said lender has provided a potential option of transferring the deed back to the bank in lieu of foreclosure. 4. This option will apparently prevent foreclosure, transfer the responsibility of selling the property to the lender, and potentially allow Mr. Newbury to reside in the residence pending sale. 5. The above course of action will likely alleviate Petitioner's concern. I 6. Mr. Newbury would, of course, agree to maintain the property in good condition and cooperate with the marketing process. Respectfully submitted: Date: Mark F. Bayley, Esquire BAYLEY & MANGAN 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 JEFFREY NEWBURY, Plaintiff VS. STEPHANIE NEWBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5433 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for the Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: l Mark F. Bayley, Esquire JEFFREY NEWBURY, Plaintiff VS. STEPHANIE NEWBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 5433 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Dated: [ v ? 0 J U Carol Lindsey, Esquire 26 W. High Street Carlisle, PA 17013 0?-A Mark F. Bayley, Esquire ;? ??.. ; ? ?-, ._f c Ca,? - ?.? .? .. ti f =nC STEPHANIE NEWBURY, IN THE COURT OF COMMON PLEAS OF PLAINITFF CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY NEWBURY, DEFENDANT NO. 08-5433 CIVIL ORDER OF COURT AND NOW, this 5'h day of November, 2008, upon consideration of Plaintiff's Petition for Emergency Relief and after status conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that the marital home shall be listed for sale by a Real Estate Agent selected by counsel for the parties on or before November 14, 2008. IT IS FURTHER ORDERED AND DIRECTED that pending sale, the Defendant, Jeffrey Newbury, who resides in the property shall maintain the property in good and orderly condition in order to facilitate sale and shall fully cooperate with the Real Estate Agent selected by counsel in order to promote sale of the marital home. By the Court, - qw* ?Aj M. L. Ebert, Jr., J. Carol J. Lindsay, Esquire Attorney for Plaintiff Mark F. Bayley, Esquire Attorney for Defendant /t. oS- off bas Q- I? b? t • t 1' ' ?- NOR J Q :Fsr0E T? i?t F TAW 2010 TH1 .4 JEFFREY NEWBURY, IN THE-CO??T?OOMMON PLEAS Plaintiff t;; d F- "qj??NTY, PENNSYLVANIA ` -r „f t p V. CIVIL ACTION - LAW STEPHANIE NEWBURY, Defendant NO. 08-5433 CIVIL PETITION FOR EMERGENCY RELIEF AND NOW comes Stephanie M. Newbury by and through her counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on April 6, 1991 and having separated on July 5, 2008 when Plaintiff left the marital home with the parties' children and filed a protection from abuse action against Respondent. 2. On September 12, 2008, Respondent filed a Petition for Special Relief averring that since Wife had left the marital home, she should be enjoined from returning to pick up personal property. 3. On September 29, 2008, this Honorable Court entered an Order awarding exclusive possession of the marital home to Respondent, but providing entry to Petitioner "after reasonable notice and approval of the request by written Court Order." The Order of September 28, 2008 is attached hereto as Exhibit "A". 4. Since September 2008, Respondent has lived exclusively in the marital FLOWER & LINDSAY 26 West High Street Carlisle, PA home. However, since approximately October 2008, he has not made the mortgage payment on the marital home. As a result, the home is in foreclosure and a foreclosure sale is set for June 20, 2010. The parties have attempted to sell the marital home on a "short sale" prior to the foreclosure sale. If the "short sale" is successful, settlement will be had on or before April 30, 2010. 5. The parties are still married and the fair rental value of the marital home from October 2008 until its sale in 2010 is at issue. To obtain an appraisal of the fair rental value, on April 8, 2010, Petitioner's counsel wrote Husband's counsel asking for access to the marital home by real estate appraiser Steven Barrett. Further, Petitioner's counsel sought access to home by Petitioner who wishes to safeguard items belonging to the children and items which she left behind in the nature of crafts and small items of personal property. However, counsel for the Respondent has been unable to obtain a voluntarily compliance with both requests. 6. This matter is of an urgent nature because the house is set to close on April 30, 2010, after which there will be a new owner of the property. 7. The Honorable M. L. Ebert, Jr. has been appointed to this case. 8. Respondent apparently does not agree with the relief requested. WHEREFORE, Petitioner prays this Honorable Court to order the Respondent, Jeffrey Newbury, to permit entry to the home at 73 Ridge Avenue, Carlisle, Pennsylvania, by Steven Barrett Real Estate and Appraisal for the purpose of ascertaining the fair rental value of the property and to permit Stephanie Newbury, Petitioner, to enter the property to retrieve items of personal property belonging to her children and herself. Respectfully submitted, SAIDIS, FLOWER & MgDS" 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY V Carol J. Li sa Esquire Attorney Id. 693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. 1112 ephanie Newbury FLOWER & LINDSAY ATIUMIMM-LAW 26 West High Street Carlisle, PA JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE NEWBURY, DEFENDANT NO. 08-5433 CIVIL ORDER OF COURT AND NOW, this 29th day of September, 2008, upon consideration of the Petition for Special Relief filed by the Plaintiff and after status conference with counsel this date, IT IS HEREBY ORDERED AND DIRECTED that: 1. Plaintiff is awarded exclusive possession of the marital residence at 73 Ridge Avenue subject to entry by the Defendant after reasonable notice and approval of the request by written Court Order; 2. Both parties shall not dispose of, damage, and/or transfer any items of marital property and/or any items purchased by either party prior to July 5, 2008, pending further Order of Court or written agreement by the parties; 3. The parties shall provide a list of all marital property of value which is in contention in this divorce action to Carl Ocker, Auctioneer, 4401 Philadelphia Avenue, Chambersburg, PA 17201, who shall then conduct an appraisal. A copy of the appraisal shall be provided to the Court. Plaintiff, Jeffrey Newbury shall pay for the appraisal. 4. Stephanie Newbury shall return the couple's computer to the husband for a period of 48 hours beginning at 6:00 p.m. on September 30, 2008, in order to allow husband to retrieve business documents and email contacts from the computer. The computer shall be available for pick up no later than 6:00 p.m. on October 2, 2008. Wife shall deliver and pick up the computer at the husband's residence. By the Court, ?--A, ?AA M. L. Ebert, Jr., J. Mark Bayley, Esquire Attorney for Plaintiff Carol Lindsay, Esquire Attorney for Defendant bas CERTIFICATE OF SERVICE I hereby certify that on this 22iday of April, 2010, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Lirids quire - Supreme Co No. 44693 26 West Hig treet Carlisle, PA 17013 717-243-6222 SAEDIS, LINDSAY 26 West High Street Carlisle, PA JEFFREY NEWBURY, PLAINTIFF V. STEPHANIE NEWBURY, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5433 CIVIL IN RE: PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 29t' day of April, 2010, upon consideration of the Petition for Emergency Relief filed by the Defendant, IT IS HEREBY ORDERED AND DIRECTED that Jeffrey Newbury, is to permit entry to the parties' home at 73 Ridge Avenue, Carlisle, Pennsylvania, 17013, before May 5, 2010, for the purpose of providing an appraisal of the fair rental value of the home and to permit the Defendant, Stephanie Newbury, to enter the marital home for the purpose of gathering items of personal property which belong to her and her children before the same date. By the Court, Mark Bayley, Esquire Attorney for Plaintiff ,,Carol J. Lindsay, Esquire Attorney for Defendant bas 0-.UP t QS ,?n a l `? i -Y/;L to 1%?t ?,14\ - M. L. Ebert, Jr., J ° uy . y: c? "Ti y JEFFREY NEWBURY, Plaintiff V. STEPHANIE NEWBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5433 CIVIL IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Petitioner, Stephanie Newbury, moves the court to appoint a master with respect to the following claims: ( X ) Divorce ( ) Annulment ( X) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property (Equitable Distribution) ( ) Support ( X) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant appeared in the action and is represented by Mark F. Bayley, Esquire. (3) The statutory grounds for divorce are §3301(c) and/or (d) (4) Delete the inapplicable paragraph(s). (a) The action is contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not complex issues of law or fact. SAMIS, FLOWER & LINDSAY ertoaNe?s.,n:uw 26 West High Street Carlisle, PA (6) The hearing is expected to take: One day (7) Additional information, if any, relevant to the motion: Defendant needs the following information from Plaintiff to proceed: 1. Plaintiffs 2009 Income Tax Return 2. Plaintiffs most recent pay stub n ? SAIDIS, ER I AY -'"1 7 / 77 I Dater r squire Carol J. Lind aV -- 26 West Hig eet `- Carlisle, PA 17013 717-243-6222 CERTIFICATE OF SERVICE I hereby certify that on this day of May, 2010, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY i Carol J. Linds ?I'le Supreme C rt I o.44693 26 West High treet Carlisle, PA 17013 717-243-6222 FLOWER & LINDSAY 26 West High Street Carlisle, PA JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-5433 CIVIL STEPHANIE NEWBURY, Defendant IN DIVORCE NOTICE TO PLEAD TO: Jeffrey Newbury c/o Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof, or a default judgment may be entered against you. Respectfully submitted, SAIDIS, FLOWER & LINDSAY SAIDIS, LINDSAY 26 West High Street Carlisle, PA Carol J. Lind y, Esquire Attorney Id. 44 3 26 West Hig Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff (-1 rV r^- ? , ficicir t? + (2.K-4K ti 27oZ,:Z4 P44 JEFFREY NEWBURY, Plaintiff V. STEPHANIE NEWBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5433 CIVIL IN DIVORCE ANSWER TO PLAINTIFF'S COMPLAINT WITH COUNTERCLAIM COUNT I FOR DECREE IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE FLOWER ? LINDSAY 26 West High Street Carlisle, PA 1. Denied. Respondent's address is now 4518 Hillside Court, Harrisburg, Dauphin County, Pennsylvania. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. WHEREFORE, Defendant respectfully prays this Honorable Court to enter a Decree in Divorce. COUNT II - EQUITABLE DISTRIBUTION 9. No answer required. 10. Admitted. 11. Admitted. 12. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to equitably divide the parties' property. COUNTERCLAIM -ALIMONY. COUNSEL FEES AND COSTS 13. The answers to the Complaint in paragraphs 1 through 12 are incorporated herein by reference. 14. Plaintiff is without income sufficient to provide for her own reasonable needs and without assets sufficient to provide for her attorney's fees and the costs of litigation. WHEREFORE, Defendant prays this Honorable Court to order Defendant to pay alimony, attorney's fees and costs. Respectfully submitted, SAIDIS, FLOWER & LINDSAY r Carol J. Linds , squire Attorney Id. 44e93 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff FLOWER & LINDSAY 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. epha ie Newb FLOWER & LINDSAY MIU ElS.AMAW 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this (P day of May, 2010, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY If Carol-J. Lindsay, Es ire Supreme Court I . 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA a i MAY 0 7 2010 JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-5433 CIVIL STEPHANIE NEWBURY, Defendant IN DIVORCE ORDERI APPOINTING MASTER AND NOW, this / day of 2010, Esquire, is appointed master with respect to the following claims: Divorce, equitable distribution, alimony and counsel fees. BY THE COURT, SAIDIS, LINDSAY AT UVZ4 5•ATdAw 26 West High Street Carlisle, PA ? rr ??I >E.S rna.t ?l. 9? ` • ?l r e a N C? BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 JEFFREY NEWBURY, Plaintiff VS. STEPHANIE NEWBURY, Defendant le T} r ?' RY 2010 MAY 25 FM 2: 4*, CL'av! )LiNl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 5433 CIVIL TERM IN DIVORCE MOTION TO WITHDRAW APPEARANCE AND NOW comes Mark F. Bayley, Esquire, and in support of the within motion avers as follows: 1. The Honorable M.L. Ebert has had involvement with the above docketed matter. 2. Undersigned counsel has represented Plaintiff, Jeffrey Newbury, in relation to the above captioned matter for the past couple of years in addition to other matters involving custody and support. 3. Plaintiff has fallen out of contact with undersigned counsel for close to a year. 4. Plaintiff has failed to respond to letters forwarded to his last known address as well as a note appended to the door of his last known address requesting him to contact undersigned counsel in relation to communications and filings by Defendant's counsel. 5. Plaintiff s residence was recently sold and he no longer resides there; Plaintiff presumably is having his mail forwarded; however, post office staff indicate that they are not permitted to confirm this fact. 6. Plaintiff carries a substantial outstanding balance with undersigned counsel with regard to legal fees and made his last payment towards said balance in December of 2008. 7. Despite said outstanding balance undersigned counsel would continue representation of Plaintiff but has no desire to do so under the aggravation of Plaintiffs failure and/or refusal to communicate. 8. Plaintiffs ongoing failure and/or refusal to communicate prevents undersigned counsel from providing meaningful and effective representation. 9. The Divorce Master was appointed on motion by Defendant by order dated May 10, 2010; no further orders have been issued to date and no hearings are scheduled. WHEREFORE, undersigned counsel respectfully requests that his appearance to be vacated. Date: Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW STEPHANIE NEWBURY, NO. 08 - 5433 CIVIL TERM Defendant IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: - l? LD v Mark F. Bayley, Esquire JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW STEPHANIE NEWBURY, NO. 08 - 5433 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Carol Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Jeffrey Newbury 73 Ridge Ave. Carlisle, PA 17013 Robert Elicker, Esquire 9 N. Hanover Street Carlisle, PA 17013 i _ fl V Mark F. Bayley, Esquire it STEPHANIE NEWBURY, Plaintiff V. JEFFREY NEWBURY, Defendant TO THE PROTHONOTARY: ENTRY OF APPEARANCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 08-5433 IN DIVORCE Kindly enter my appearance on behalf of the Defendant, Jeffrey Newbury, in the above- captioned divorce proceeding. Respectfully submitted, x " A?w Joh M. Kerr, Esquire Att rney I.D.# 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 .e M otM. err Y ";T 5020 MUM Road sure 109 Medwdcsbt¢g, PA 17055 PHom: 717.766.4008 FAx: 717.766.4066 Dated: May 24 2010 , C7 C- 0 C= Fri r` r4 u j o r,? > _ C-_ v CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Entry of Appearance," on the below-named individuals in the manner indicated: First-Class Mail Postage Prepaid Carol J. Lindsay, Esquire Mark F. Bayley, Esquire Saidis, Flower & Lindsay Bailey & Mangan 26 West High Street 17 West South Street Carlisle, PA 17013 Carlisle, PA 17013 Q,? W. a, John tice Kerr, Esquire Law of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: May 24, 2010 otm M. cff 17 5020 Rttter Road suite 109 MedlarAcsblug. PA 17055 PHoNE: 717.766.4008 FAx: 717.766.4066 BAYLEY & MANGAN "T TXt ;'r 'y"Tny Mark F. Bayley, Esquire Attorney I.D. #: 87663 2010 MAY 25 Fig 2; 42 17 West South Street Carlisle, PA 17013 (717) 241-2446 C?i`y?,_ ' JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW STEPHANIE NEWBURY, : NO. 08 - 5433 CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM AND NOW comes the Plaintiff by and through his attorney, Mark F. Bayley, Esquire, and answers Defendant's counterclaim as follows: 13. No response required. 14. Denied. WHEREFORE, Plaintiff respectfully requests the court to dismiss Defendant's claim for alimony, counsel fees and costs. Date: Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 JEFFREY NEWBURY, Plaintiff vs. STEPHANIE NEWBURY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 5433 CIVIL TERM IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Mark F. Bayley, Esquire JEFFREY NEWBURY, Plaintiff vs. STEPHANIE NEWBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08 - 5433 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, do hereby certify that I this day served a copy of the foregoing document upon the following by First Class U.S. Mail: Carol Lindsay, Esquire 26 West High Street Carlisle, PA 17013 J I `/ Mark F. Bayley, squire MAY 2 b 20 10 JEFFREY NEWBURY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW STEPHANIE NEWBURY, NO. 08 - 5433 CIVIL TERM Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 1(. day of M o,1 , 2010, a rule is hereby issued upon Plaintiff, Jeffrey Newbury, to show cause why the motion by his counsel to withdraw should not be granted. Said motion and the within order shall be served upon Plaintiff by First Class Mail at the address of his last known residence. Said rule shall be returnable within ? O days. Should Plaintiff fail to respond to said rule, his counsel's motion shall be granted. L\t!? <4- cc: ? k F. Bayley, Esquire CC of Lindsay, Esquire /Je ey Newbury, 73 Ridge Ave., Carlisle, PA 17013 obert Elicker, Esquire (20 't es f t 6 1 f 24 / o c _ t Z. JEFFREY NEWBURY, Plaintiff VS. STEPHANIE NEWBURY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5433 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this o7rio? day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated July 29, 2010, 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, ? x0- off : . 5 Kev' A. Hess, P.J. cc: ? John M. Kerr Attorney for Plaintiff Carol J Lindsa . y Attorney for Defendant (7 lc ., ,p JEFFREY NEWBURY, Plaintiff V. STEPHANIE NEWBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08- 5433 CIVIL CIVIL - DIVORCE C_ . v PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 12, 2008. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 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. Dated: V:;L7 aL4 , ZO/V Signature JEFFREY NEWBURY, Plaintiff V. STEPHANIE NEWBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5433 CIVIL CIVIL - DIVORCE N C) ca C- v r: r. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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:/ XW L.?? ?, .?DI D Je rey Newbu tDefen nt JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVP6IA ?. ? -`? V. CIVIL ACTION - LAW <<'" -T NO. 08-5433 CIVIL STEPHANIE NEWBURY, Defendant IN DIVORCE` DEFENDANT'S AFFIDAVIT OF CONSENT r1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed ontSepteia'tber The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct 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. 4904 relating to unsworn falsification to authorities. -7 VA d ep ani ewbury DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERG 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 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. SAIDIS, 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court FLONVER & and that a copy of the Decree will be sent to me immediate) after it is filed with the Prothonotar. LINDSAY PY Y Y 26 West High Street I verify that the statements made in this Affidavit are true and correct to the best of my Carlisle, PA knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 7 z ze& 4(2 10 _ e a n i Newbury JEFFREY NEWBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVA V. CIVIL ACTION - LAW Q' c= NO. 08-5433 CIVIL ': STEPHANIE NEWBURY, .;: N .? e r Defendant IN DIVORCE = -?, PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this a? day of ?gILL 2010, between STEPHANIE NEWBURY, of 119 Andrew Court, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and JEFFREY NEWBURY, of 4518 Hillside Court, Harrisburg. Dauphin County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on April 6, 1991 in Camp Hill, Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 08-5433 Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for. other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time 1 may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this Agreement, the parties shall execute and file Affidavits of Consent and Waivers of Notice, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 7$ Ridge Avenue, Carlisle, Pennsylvania. Husband has been residing in the marital home since separation in July 2008. The mortgage payments on the marital home became substantially in default after separation and Husband filed a Petition for Relief under Chapter 7 of the Bankruptcy Code. The parties have sold the marital home in a short sale and received no proceeds from that sale. Husband is solely and exclusively responsible for any charges relating to the marital home including the mortgage payments, taxes, homeowner's insurance, utilities and any other charges from the date of the parties' separation to its sale. With regard to all such charges, Husband shall indemnify and hold Wife harmless. Wife waives her claim for a share of the fair rental value of the house from the time of separation to its sale. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there is substantial marital debt. Both parties, however, have filed or will file a Petition for Relief under Chapter 7 of the Bankruptcy Code discharging their obligations for payment of such marital debt. 2 B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on July 5, 2008, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) of the date of this Agreement, each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Specifically, Wife has retained and sold the Ford Windstar van and Husband has retained and sold the Ford Taurus. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Nevertheless, Wife will receive the refrigerator and range from the marital home. Wife may pick up the items set out on the first weekend following the date of this Agreement. 3 (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) ALIMONY: Husband shall pay to Wife as alimony the sum of $1.00 per month commencing the date of the full execution of this Agreement and continuing on every month on the same date. Alimony shall terminate upon the occurrence of one of the following- 1 . The death of Wife. 2. The death of Husband. 3. The remarriage or cohabitation of Wife with a member of the opposite sex not within the degrees of consanguinity. 4. On August 1, 2015. In the event that Husband obtains employment, he will immediately notify Wife and provide her a copy of any Employment Agreement and his pay stubs for two months following the commencement of employment. Additionally, Husband will report to Wife, within ten (10) days of receipt, any increase in his gross income, as defined by the Divorce Code, of 5% or greater. The parties acknowledge that they know one another's Social Security Number. Alimony payments shall be deductible from Husband's gross income for the purpose of filing federal income tax returns and includible in Wife's gross income for the same purpose. The alimony payment set out herein may be payable to the Office of Domestic Relations of Cumberland County or the Office of Domestic Relations of a county having jurisdiction over Husband. Enforcement may be by attachment of Husband's wages. 4 (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire and Husband is represented by John M. Kerr, Esquire. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and 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. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) 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 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. (12) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the 5 wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (13) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (14) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (15) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired, 6 C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. 7 • '-.- (17) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: 8 tephanie Newbury JEFFREY NEWBURY vs. STEPHANIE NEWBURY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CIVIL TERM NO. 08 -5433 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a di arce o n decree: irretrievable breakdown under 3301 (c) either paragraph (a) or (b). 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by p plaintiff 7/24/10 by defendant 7/29/10 ? l 1. Ground for divorce: (Strike out inapplicable section) _ A 2. Date and manner of service of the complaint: 9/17/2008 BY DEFENDANTS ATTORNEY c? b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's 3301 (d) affidavit upon the respondent opposing party: 4. Related claims pending: PROPERTY SETTLEMENT AND SEPARATION AGREEMENT INCORPORATED WITHIN DIVORCE. 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 8/4/10 Date defendant's Waiver of Notice in 3301 Prothonotary: 8/4/10 ttorney for P aintifl'/Be€et (c) divorce was filed with the JEFFREY NEWBURY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHANIE NEWBURY 08 - 5433 CIVIL TERM NO. DIVORCE DECREE AND NOW, .S, Pik 31 1016 , it is ordered and decreed that JEFFREY NEWBURY plaintiff, and STEPHANIE NEWBURY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Property Settlement and Separation Agreement is incorporated within this Divorce. By the Court, Attest: J. I Prothonotary $•3I• !o oi5•s1. 10 Cgr +. C ? tria.; t e J +0 too cam. ,q,; ted 4-6 KLX-r