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HomeMy WebLinkAbout09-5618Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Renee D. Stombaugh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RENEE D. STOMBAUGH, Plaintiff ) NO. 2009- 5(o( S CIVIL TERM V. ) CHARLES A. STOMBAUGH, ) CIVIL ACTION - LAW Defendant ) DIVORCE /f? 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, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County 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. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RENEE D. STOMBAUGH, ) Plaintiff ) V. ) CHARLES A. STOMBAUGH, ) Defendant ) NO. 2009- SG / 9' CIVIL TERM CIVIL ACTION - LAW DIVORCE / Cam COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Renee D. Stombaugh, by and through her counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Renee D. Stombaugh, an adult individual who currently resides at 210 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Charles A. Stombaugh, an adult individual who currently resides at 210 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on February 1, 1992 in Baltimore, Maryland. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers' Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 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. COUNT I - DIVORCE PURSUANT TO §3301(c) or (d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301(c) or (d) of the Divorce Code. COUNT II - DIVORCE PURSUANT TO 3301(a)(6) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Plaintiff is an innocent and injured spouse who was the victim of indignities throughout the parties' marriage, including humiliation and degradation, which caused Plaintiff's life to be intolerable and burdensome. 12. This action is not collusive. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301(a)(6) of the Divorce Code. COUNT III - EQUITABLE DISTRIBUTION 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 2 14. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marnage. 17. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT V - COUNSEL FEES, EXPENSES AND COSTS OF SUIT 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. Plaintiff has retained an attorney to bring this action and has agreed to pay him a reasonable fee. 20. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 3 21. Plaintiff is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Plaintiff requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Date: F11610 Respectfully submitted, Donald T. Kissinger, ire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Renee D. Stombaugh 4 VERIFICATION I, Renee D. Stombaugh, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: /'0' Wei RENEE D. OMBAUGH R F^;. Lr J P. Jo §t 4 Ito , so Po A-Ml ET'* ?9I3L _ ?? 3 RENEE D. STOMBAUGH, Plaintiff vs. CHARLES A. STOMBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 - 5618 Civil Term ACTION IN DIVORCE ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02(B) AND PA.R.C.P. 1920.4 I, Charles A. Stambaugh, Defendant, in the above-captioned matter, hereby accepted service of the Notice to Defend and Complaint in Divorce on or about August 18, 2009. 1 hereby waive any and all defects in service of the aforementioned Complaint or any amendments hereto. Date: Charles A. Stom augh, Defe dant 2009 OCT 19 AIH 10: IF ? njiv?v Lindsay Gingrich Maclay, Esquire .~~ T~~ ~' ~`' ~~ r ~ ~~ ..fir... DALEY ZUCKER MEILTON MINER BCGINGRICH, LLC ZD(Q J!}~ _6 ,Q (~; ~~ 1029 Scenery Drive Harrisburg, PA 17109 ~ - . - C~~ rf~` ~ (717) 657-4795 e lw ~ :1~;,,1°~~ ~ Pw ~;P ~ ~ 1maclavCa~dzmmelaw.com ' - Vn~i~r~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RENEE D. STOMBAUGH, Docket No. 2009-5618 Plaintiff . v. (Civil Term) CHARLES A. STOMBAUGH, (In Divorce) Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Plaintiff, Renee D. Stombaugh, in the above-captioned divorce matter. DATE: b ~ /~ By: - Don . Kissinger, E ire Howett, Kissinger, & Ho st, PC 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance and that of Daley Zucker Meilton Miner & Gingrich, LLC, on behalf of the Plaintiff, Renee D. Stombaugh, in the above-captioned divorce matter. Daley Zucker Meilton Miner & Gingrich, LLC Date: ~ BY~ Li say Gi is a rney I. 954 029 Scene Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Plaint RENEE D. STOMBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2009 - 5618 Civil Term CHARLES A. STOMBAUGH, ACTION IN DIVORCE Defendant Fri --= ? MOTION FOR APPOINTMENT OF MASTER - ' Defendant moves this Court to appoint a master with respect to the following clainas_ Divorce (1) Distribution of Property (? ) Annulment ( ) Support Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Plaintiff is represented by Lindsay Gingrich Maclay, Esquire (3) The statutory ground(s) for divorce is 3301(d), as the parties have been separated for two years. (4) Delete the inapplicable paragraph(s): (a) The setacm 99 not eentested. (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 involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. Date: I + 1 I 2 A CA- I J ne Adams, Esquire W. South St. Carlisle, Pa. 17013 Attorney for Plaintiff (717) 245-8508 ORDER APPOINTING MASTER AND NOW, this 2011, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY THE COURT: J. d JLd 21 RENEE D. STOMBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 2009 - 5618 Civil Term CHARLES A. STOMBAUGH, ACTION IN DIVORCE Defendant NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated on February -"', 2009, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in 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 unswom falsification to authorities. a Date: l??? tip: Gam- _ Charles A. Stomgaugh, Defendant RENEE D. STOMBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2009 - 5618 Civil Term CHARLES A. STOMBAUGH, ACTION IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER V Defendant moves this Court to appoint a master with respect to the following claim- Divorce (?) Distribution of Property ( ) Annulment ( ) Support ?() Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Plaintiff is represented by Lindsay Gingrich Maclay, Esquire (3) The statutory ground(s) for divorce is 3301(d), as the parties have been separated fgtw(m "ten years. -off = x r "An Delete the inapplicable paragraph(s): car- ? ?r (a) The adiem 69 net eomtested. > tD (b) An agreement has been reached with respect to the following claims: Nd Co , -h (c) The action is contested with respect to the following claims: ALL. y.h "o oX-n =CD _ z (5) The action does not involve complex issues of law or fact. x'Z w -C-trvl (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. -E Date: ?- J dams, Esquire South St. Carlisle, Pa. 17013 Attorney for Plaintiff (717) 245-8508 ORDER APPOINTING MASTER AND NOW, this '))?? -4Z- , 2011, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY THE COURT: L i ndeay Gin9rioh i? Ku;?al y, ?? Jane Ada.rns, F.? ? U 3? bit RENEE D. STOMBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVAW 3 - vs. : No. 2009 - 5618 Civil Term rn ? - F t v CHARLES A. STOMBAUGH, ACTION IN DIVORCE may, a+ ° Defendants o x AFFIDAVIT OF SERVICE. ? ..? .,_, I, Jane Adams, Esquire, do hereby certify that on March 28. 2011, 1 served ~a true and correct copy of the AFFIDAVIT OF SEPARATION in the above-captioned matter upon the following individual(s) by certified mail, restricted, return receipt requested, addressed as follows: Lindsay Gingrich Maclay, Esq. 1029 Scenery Drive Harrisburg, Pa. 17109 PLAINTIFF'S ATTORNEY ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse ' so that we can return the card to you. B. Received by (p r,it;d ly6?i ¦ Attach this card to the tuck of the mailplece, or on the front If space permits. G` 1. Article Addressed to: f.?ds?6;,???,?lAy ?e/dr;ue. ? Agent D. Is delivery address from item 1? I ?1?s If YES, enter del bebw:n hfst?? 04 PQt ? O 3. Service Type V Certified Mail ? Express Mall ? Registered ? Return Receipt for Merchandise ? Inured mm ? C.O.D. 4. RsehId d Delivery? (Extra Fee) ? Yes 2` AredeNumber 7010 3090 0003 2133 8592 (1Nenelbr Sun serves MW PS Form 3811, February 2004 Domestic Return Rscsipt 102595-02-n l5Q Respectfully Submitted: Date: o o v J e Adams, Esquire I No. 79465 7 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF RENEE D. STOMBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA - vs. , rnca No. 2009 - 5618 Civil Term :0. :::a - ; ; CHARLES A. STOMBAUGH, ACTION IN DIVORCE CD Defendan t Mry 5:C c>n= .. COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): X (a) I do not oppose the entry of a divorce decree. after resolution of the economic claims . (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): _ (i) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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: Rene "tombaugh, Plain IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE, AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER- AFFIDAVIT. Sandra L. Meilton, Esquire t4? ion Ali ` . z' Daley Zucker Meilton Miner & Gingrich, LLC RL AND ?1? 1029 Scenery Drive tI MB A A Harrisburg, PA 17109 ° E (717) 657-4795 smeilton@dzmmglaw.com RENEE D. STOMBAUGH, Plaintiff V. CHARLES A. STOMBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 5618 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ELECTION TO RESUME MAIDEN NAME Notice is hereby given that Renee D. Stombaugh, Plaintiff in the above matter, having filed an action in divorce on August 12, 2009, hereby elects to resume and hereafter use her maiden name of Renee D. Arambiges and gives this written notice avowing her intention in accordance with the provision of 54 Pa. C.S.A. §704(a). Date: Aal Renee D. tombau TO BE KNOWN AS: Renee . Arambiges Swornto and su scribed before me tV red of ao1 _I 1 .2011. Notary Public MMMONWEALTH OF PENNSYLVANIA (SEAL) NOTARIAL SE Gloria M Rine, No c Lower Paxton Township, c011V t?punission enims V15-2011 QOA COD D pd a ?- C? ¢ a57 y Up RENEE D. STOMBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-5618 CIVIL TERM rrnn CHARLES A. STOMBAUGH, IN DIVORCE -urn Defendant/Respondent PACSES CASE: 271112481, Mt? Ab ? o n 3 ? " ORDER OF COURT , n AND NOW, this 24th day of May, 2011, upon consideration of the Petition for AlimonyTcen den& a and/or counsel fees, it is hereby ordered that the parties and their respective counsel appear before R. J. Sh adday on June 21, 2011 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Jane Adams, Esq. Sandra L .Meilton, Esq. Date of Order: May 24, 2011 BY THE COURT, L/- Albert H. Masland, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 - Sandra L. Menton, Esquire 1, F I L E 0 0F F- I LE. ?-? ? P R ? ?-; ? ? ? ?-?_ DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scene Drive Harrisburg, Pennsylvania 17109 `'J 1, JU 4 16 g 12: r 7 (717) 657-4795 . smeilton@dzmmglaw.com ,',1.1 M B R L Va D M1, U'ff Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RENEE D. STOMBAUGH, Plaintiff V. Docket No. 2009-5618 (Civil Term) CIVIL ACTION - LAW CHARLES A. STOMBAUGH, Defendant In Divorce INVENTORY AND APPRAISEMENT OF RENEE D. STOMBAUGH N/K/A RENEE D. ARAMBIGES I, Renee D. Stombaugh, n/k/a Renee D. Arambiges, file the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. I verify that the statements made in this inventory and appraisement 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. Renee b. Arambiges, aintiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes O 8. Trusts (X) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities O 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties (X) 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) O 16. Employment termination benefits - severance pay, workman's compensation claim/award O 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments () 21. Litigation claims (matured and unmatured) O 22. MilitaryN.A. benefits () 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of all Owners 210 Shirley Lane Charles & Renee Stombaugh 1 Boiling Springs, PA 2 BMW Charles Stombaugh 2 Toyota Renee Stombaugh 5 Chevy Chase Bank Joint Checking Account # ending in 62-1 5 Point Breeze Credit Union Joint Checking Account 6 Point Breeze Credit Union Joint Savings Account 9 Prudential Life Insurance Policy Charles Stombaugh #D80 759 543 9 Prudential Life Insurance Policy Charles Stombaugh #D80 306 935 9 Prudential Life Insurance Policy Charles Stombaugh #21 790 898 9 Prudential Life Insurance Policy Charles Stombaugh #63 429 157 9 Metropolitan Life Insurance Policy Charles Stombaugh #94644 9 Metropolitan Life Insurance Policy Renee Stombaugh #94644 14 Various Items of Personal Property Charles Stombaugh (In Husband's places of residence in Virginia and Mechanicsburg) 19 L3 Communications 401 k Charles Stombaugh 19 HD Vest IRA #82761745 Charles Stombaugh 24 GMAC Mortgage Charles Stombaugh 24 BMW Car Loan Charles Stombaugh 24 Lauren's Student Loan Renee Stombaugh 24 Tax Deficiency Charles Stombaugh 25 Personal Property Charles & Renee Stombaugh NON-MARITAL PROPERTY Plaintiff lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Name of Item Number Description of Property all Owners Checking Account Renee Stombaugh PROPERTY TRANSFERRED Reason for Exclusion Opened P/S Plaintiff lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: Item Number Description of Property Names of all Owners Honda Joint but sold by Charles LIABILITIES OF PARTIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date action was commenced: Name of Names of Description of Debt Creditor All Debtors Mortgage GMAC Charles Stombaugh Student Loans for Lauren Renee Stombaugh Earned Income Tax IRS Charles Stombaugh CERTIFICATE OF SERVICE AND NOW this -S of June 2011 I Gloria M. Rine Paralegal ?ay to Sandra L. Meilton, Esquire, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC", hereby certify that I have, this day, served the within Inventory and Appraisement on June .( / J , 2011, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013-3220 i G oria M. Rine TI• IL 0 =0?'FIcE Sandra L. Meilton, Esquire f ; wr Daley Zucker Meilton Miner & Gingrich, LLC I Scenery Drive 16 P',"° f;a.. -7 Harrisburg, PA 17109 f-°??!?f? J (717) 657-4795 f?tf? ,?+°,c? smeilton(&dzmmglaw.corn ? L ' RENEE D. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES A. STOMBAUGH, Defendant NO. 2009 - 5618 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT Attached hereto is the Income and Expense Statement of Plaintiff submitted pursuant to Pa. R.C.P. No. 1920.31. t. 'XI 0?? Sandra L. Meilton Attorney for Plaintiff INCOME AND EXPENSE STATEMENT OF RENEE D. STOMBAUGH N/K/A RENEE D. ARAMBIGES INCOME Employer: The Thrift Shop at the Carlisle War College Address: Building 632, P.O. Box 1149, Carlisle, PA 17013 Type of Work: Bookkeeper Payroll Number: Pay Period (weekly, biweekly, etc.): Monthly Gross Pay per Pay Period: $ 875.50 Itemized Payroll Deductions: Federal Withholding $70.05 Social Security _ 36.77 Local Wage Tax State Income Tax 26.88 Savings Bonds/Retirement Life Insurance/Credit Union Health Insurance _ Local Tax - 1.6% 14.01 _ Medicare 12.69 Pa. Unemployment .70 Net Pay per Pay Period: (see attached ay stub) $714.40 Other Income: Weekly Monthly Yearly Interest/Dividends $ $ $ Pension/Annuity Social Security Rents/Royalties Expense Account Gifts _ Unemployment Comp. Workmen's Comp. Total $ $ $ TOTAL INCOME $714.40 per month T,HE THRIFT SHOP BUILDING 632 PO BOX 1149 CARLISLE PA 17013 1301-3083 Company RENEE D ARAMBIGES 210 SHIRLEY LANE BOILING SPRINGS PA 17007 PERSONAL AND CHECK INFORMATION Renee D Arambiges 210 Shirley Lane Boiling Springs, PA 17007 Soc Sec M xxx-xx-4018 Employee ID: 4 Pay Period: 05/01/11 to 05/31/11 Check Date: 05/31/11 Check #: 4 NET PAY ALLOCATIONS DESCRIPTION THIS PERIOD ($) YTD ($) Check Amount 0.00 0.00 Chkg 2982 714.40 2143.20 NET PAY 714.40 2143.20 rAKNINGS UtSCHIPTION HOURS RATE THIS PERIOD ($) YTD HOURS YTD ($) Regular 875.50 2626.50 EARNINGS 875.50 2626.50 WITHHOLDINGS DESCRIPTION FILING STATUS THIS PERIOD ($) Social Security 36.77 Medicare 12.69 Fed Income Tax SO 70.05 PA Income Tax 26.88 PA Unemploy 0.70 PA CARSD Inc Exempt PA NMI DD-Cum I Overridel.6% 14.01 TOTAL 161.10 NET PAY i 0028 1301-3083 The Thrift Shop • Building 632 PO Box 1149 - Carlisle PA 17013 • (717) 243-1434 THIS PERIOD ($) 714.40 YTD ($) 110.31 38.07 210.15 80.64 2.10 42.03 483.30 I YTD ($) 2143.20 w z w a w o a? :b W CIO Cd N Q o a. . -o ?' cd 'z U O co y U U to ? w z o N N O ? kr? 00 ? W w 3 z 0 0-0 H a wrA x? ? ? w x o u 3 ? ww a Nx S ?x a ¢ x o .. a ¢ ~ ^O O cn rv+ U .r O O to .. _ O O . Z O ? ? O tCf ?- 6 A O ? s . 4 cd r? O w N ? z b r. U n . rA ?. 4 In O rA W > O O ? O c? 69 W O O p w 00 O O N ° ° o 0 N O ? N ? ? ? p O a W W 3 vi U ? cd z o 0-0 .? A O d z F., ? z C Q a? - to A .? c U o -cs a w x Q Q O x o o W a U a -0 d r a A U r° m a. x l a a? U U ? O ? o . ? ? o o U bA o c?i U U M U 6g U cd O Q O O a o O c O O O O M M O k . 0 0 O O 0 N O V-) M 00 O O .-, a x w 3 z o N o p W t •? z W dx _ a o C 40 > a A a y O O c d U U c? •? cd a W un W U o . r?°'. U a a H +C? cn 78 x ?-a a x U a w a > C-1) U O d O PROPERTY OWNED Description Value Husband Wife Joint Checking See Inventory and Accounts A raisement Savings See Inventory and Accounts A raisement Credit Union See Inventory and A raisement Stocks/Bonds See Inventory and A raisement Real Estate See Inventory and A raisement Other See Inventory and A raisement TOTAL INSURANCE Company Policy No. Husband Wife Child Hospital Blue Cross Other Anthem Blue Cross/ Blue Shield, KeyCare 10 Plus PPO 60IM69036 X X X Medical Blue Shield Anthem Blue Cross/ Blue Shield, KeyCare 10 Plus PPO 601 M69036 X X X Other Health/Accident Disability Income _ Dental _ Other I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsification to authorities. Renee D Arambiges I verify that I have reviewed this form with my client and to the best of my knowledge the answers herein are true and correct. andra LI. , i I 'to n Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW this / day of 2011, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm, Daley Zucker Meilton Miner & Gingrich, LLC., hereby certify that I have, this day, served the within document on counsel for Defendant, by depositing a copy of same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013-3220 v Gloria M. Rine RENEE D. ARAMBIGES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-6618 CIVIL TERM CHARLES A STOMBAUGH, IN DIVORCE Defendant/Respondent: PACSES Case No: 271112481 '- M ?. M - ORDER OF COURT ? °?'.E { - -C 0 AND NOW to wit, this 27th day of June, 2011, it is hereby Ordered tha-.1 the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to a spousal support order being entered under PACKS Case #766112335 and docketed at 00252 S 2011. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: Albert H. Masland, J. DRO: R.J. Shadday xc: Petitioner Respondent Sandra L. Meilton, Esq. Jane Adams, Esq. Form OE-001 Service Type: M Worker: 21005 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RENEE D. ARAMBIGES, ) Plaintiff/Petitioner ) vs. ) ) CHARLES A. STOMBAUGH, ) Defendant/Respondent ) Docket Number PACSES Case Number Other State ID Number 09-5618 CIVIL 271112481 ORDER OF COURT You, RENEE D. ARAMBIGES, of 210 Shirley Lane, Boiling Springs, L 3 r..9 L]J .. zQ ?c Pennsylvania 17007-9594-10 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013 on the 13th day of September, 2011, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: ARAMBIGES V. STOMBAUGH PACSES Case Number 766112335 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County 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 at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RENEE D. ARAMBIGES, ) Docket Number 09-5618 CIVIL Plaintiff/Petitioner ? vs. ) PACSES Case Number 271112481 ` == CHARLES A. STOMBAUGH, ) Other State ID Number W r- Defendant/Respondent) -<.. z Z'n ORDER OF COURT You, CHARLES A. STOMBAUGH, of P.O. Box 522, Boiling Springs, Pennsylvania 17007-0522-22 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013 on the 13`h day of September, 2011, at 8:30 a.m. for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2, your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: ARAMBIGES V. STOMBAUGH PACSES Case Number 766112335 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. Date of Order: -7 - ` I BY THE COURT: Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County 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 at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-509 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RENEE D. ARAMBIGES, ) Docket Number 09-5618 CIVIL Plaintiff/Petitioner ) e" ) PACSES Case Number vs 271112481 ?w ca ;- . CHARLES A. STOMBAUGH, ) Other State ID Number Defendant/Respondent) r '°, -" ? 7 7: RESCHEDULING ORDER OF COURT You, RENEE D. ARAMBIGES, of 210 Shirley Lane, Boiling Springs, Pennsylvania 17007-9594-10 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013 on the 1st of December, 2011, at 10:30 a.m. for a hearing. This date replaces the previously scheduled hearing scheduled for the 13th day of September, 2011, at 8:30 a.m. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: ARAMBIGES V. STOMBAUGH PACSES Case Number 766112335 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 0 ` l - I Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County 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 at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-514 - •r i In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RENEE D. ARAMBIGES, ) Docket Number Plaintiff/Petitioner ) vs. ) PACSES Case Number CHARLES A. STOMBAUGH, ) Other State ID Number Defendant/Respondent ) RESCHEDULING ORDER OF COURT 09-5618 CIVIL 271112481 c. r- c O C-) -9 W C.,J You, CHARLES A. STOMBAUGH, of P.O. Box 522, Boiling Springs, Pennsylvania 17007-0522-22 are ordered to appear at the DOMESTIC RELATIONS hearing room, c/o Hearing Room, DOMESTIC RELATIONS OFFICE, 13 North Hanover Street, Carlisle, Pennsylvania, 17013 on the 1St day of December, 2011, at 10:30 a.m. for a hearing. This date replaces the previously schedule hearing date of the 13th day of September, 2011, at 8:30 a.m. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11(c), 4. verification of child care expenses and, 5. proof of medical coverage which you may have, or may have available to you, 6. information relating to professional licenses, 7. other: 'Q° rmjtyf .to ARAMBIGES V. STOMBAUGH PACSES Case Number 766112335 If you fail to appear for the hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim Support order. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: 0100, Date of Order: I()-, I'? -" Albert H. Masland, JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 Bedford Street Carlisle, PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County 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 at (717)240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. CM-514 . 2 ? RENEE D. STOMBAUGH, PLAINTIFF V. CHARLES A. STOMBAUGH, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 09-5618 CIVIL TERM ORDER OF COURT AND NOW, this Za-5?z day of February, 2012, upon consideration of Plaintiff's petition for emergency relief and Defendant's response thereto, the court orders Defendant to provide counsel for Plaintiff with the history of the HD Vest Financial Services IRA and the L-3 Communications Master Savings Plan in Defendant's name from the date of the parties' separation to the present by providing copies of all appropriate account statements or other documents for said period. Defendant shall supply these items to Plaintiff within ten (10) days of the date of this order. In reliance on Defendant's averment in Paragraph 12 of his response that no distributions would be necessary from the aforesaid accounts prior to the date of the Master's hearing on February 22, 2012, we refrain from formally freezing said accounts and direct the Master to address that issue at the time of the hearing. By the Court, Cam' T,. Albert H. Maslan , J. i > Sandra L. Meilton, Esquire For Plaintiff Jane Adams, Esquire For Defendant E. Robert Elicker, Esquire Divorce Master saa aa?'01 - it '6CA RENEE D. STOMBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2009 - 5618 Civil Term -OX CHARLES A. STOMBAUGH, ACTION IN DIVORCE a?nr?- "' v Defendant r-z AFFIDAVIT OF CONSENT 5:? C--) 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on Ai=St A 2009. -1 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. .-, Date: oZ c Charles A. Stombaugh, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) 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. r' Date: / Charles A. Stombaugh, Defendant RENEE D. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff a , CUMBERLAND COUNTY, PENN SYIJA%A V. : NO. 2009 - 5618 CIVIL TERIIrn rr "_'i-= N CHARLES A. STOMBAUGH, CIVIL ACTION -LAW r ?c Defendant : IN DIVORCE ? . cn 5; c AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 12, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3341(c) OF THE DIVORCE CODE I . 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 unworn falsification to authorities. Date: Rene& D. Arambiges, form&fly known as Renee D. Stombaugh RENEE D. STOMBAUGH, Plaintiff VS. CHARLES A. STOMBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 5618 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this oZP72?6 day of J , 2012, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated February 23, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to :he Court requesting a final decree in divorce. BY THE COURT, v5x" '7• /9- Kev' A. Hess, P.J. cc: Sandra L. Meilton Attorney for Plaintiff ? Jane Adams "y Attorney for Defendant CO z :-r _ :C (n r- C- . Ft, be,4 C ktker 4?- N uo . r. e le, C ?" Cr"i MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, Made this day of 20__,__,ti,, by and between CHARLES A. STOMBAUGH, hereinafter referred to as " band", and RENEE D. ARAMBIGES (f/k/a Renee D. Stombaugh), hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on February 1, 1992 in Baltimore, Maryland; and WHEREAS, one child was born of this marriage, namely, Miriam Stombaugh born May 18, 1993; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by,his attorney, Jane Adams, Esquire, and Wife by her attorney, Sandra L. Meilton, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: SEPARATION AND SUBSEQUENT RECONCILIATION It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations unless the parties otherwise specifically agree in writing. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation, which for purposes of this Agreement is on or about August 10, 2009, 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 shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation, which for purposes of this Agreement is on or about August 10, 2009, 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 shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. -2- 5. OUTSTANDING MARITAL DEBTS: Except as otherwise may be provided herein, Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement. In the event that either party contracted or incurred any debts since the date of separation on or about August 10, 2009, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives- his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. seg., and taking into account the following considerations: the length of the marriage; the fact that it is the second marriage for Wife and the first marriage for Husband, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established -3- during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 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 effected 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. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, 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 tangible personal property presently in his or her possession, and 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. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, 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, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, 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. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. -4- B. DISTRIBUTION OF REAL ESTATE: The parties hereby acknowledge that they are the owners of real property located at 210 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania (hereinafter "marital residence"), subject to a mortgage in Husband's name alone. The parties further acknowledge that said real estate has been transferred from wife to husband and wife hereby waives all of her right, title, and interest thereto. In return for wife's waiver Husband shall be solely responsible for the payment of any and all mortgage payments, taxes, insurance, utility bills and maintenance costs relative to said real estate and agrees to indemnify and hold Wife harmless from any responsibility thereunder. C. PENSION AND RETIREMENT BENEFITS: r e ties acknowledge that The pa (1) L3 etirem Husband is the owner of a L3 Communicatio Retirement Account (hereinafter L3 Retirement") and that Husband has made post separation contributions to the account. The parties agree that Husband shall retain said L3 retirement account and wife hereby waives all of her right, title and interest thereto. (2) HD Vest Retirement: The parties acknowledge that Husband is the owner of an HD Vest Retirement Account (hereinafter HD Vest Retirement"). The parties agree that Husband shall transfer to Wife the entire value of said account guaranteeing a balance of a minimum of $90,000.00 in said account Husband represents that he has made no withdrawals from the account since the date 01 separation through the present date and shall make no withdrawals from the account from this date forward. Husband shall waive all right, title and interest to this account. Husband shall cooperate fully in arranging the transfer of this account from husband to wife. Upon execution of this Agreement, Husband shall notify the Plan Administrator of the intended transfer and said transfer shall occur as soon as administratively possible thereafter. The parties agree to enlist the services of Jonathan Cramer, F.S.A., of Conrad Siegel Actuaries, to prepare the QDRO. The parties agree to equally share the cost of Mr. Cramer's preparation and implementation of the QDRO. (3) Merrill Lynch 401(k): The parties acknowledge that after separation husband acquired a Merrill Lynch 401(k) incident to his post-separation employment with Nitek. Said account became active in October 2011 and shall be husband's sole and separate property. Wife hereby waives all of her right, title and interest thereto. G? ?c??sz 5? Z? O L?5' r ?ll` -5- D. MOTOR VEHICLES: The parties acknowledge that during the marriage Husband was the owner of a BMW. Since the date of separation, Husband traded in the BMW for a different vehicle. The parties acknowledge that there is no marital value to Husband's current vehicle and Husband shall retain said vehicle as his sale and separate property free and clear of any right, title, interest or claim of Wife. Husband shall be responsible to pay and discharge in full any lien on his current vehicle or any prior vehicle and indemnify and hold wife harmless from any and all claims or demands made against her by reason of the debt incurred by Husband. The parties further acknowledge that Wife has had the sole use and exclusive possession of a Toyota, which was purchased during the marriage. The parties agree that Wife shall retain the Toyota as her sole and separate property free and clear of any right, title, interest or claim of Husband. If necessary, upon execution of this Agreement, the parties shall execute any and all documents necessary to transfer title of said vehicle to Wife. 8. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property 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 position set forth in the preceding sentence on his or her Federal or State income tax returns. 9. LIFE INSURANCE: Husband agrees to continue to maintain in full force and effect a term policy on his life in the amount of $50,000.00. Said coverage shall be kept in place for as long as husband has an alimony obligation to wife either as a result of further agreement by the parties or by order of Court. A. He shall maintain the insurance in full force and effect, paying all premiums due thereon and shall not borrow against; assign, pledge, or otherwise encumber the insurance; B. He shall immediately designate Wife, as irrevocable beneficiary of the insurance; -6- C. Within thirty (30) days after the execution of this Agreement, and annually thereafter, Husband shall deliver to Wife or her attorney satisfactory proof that the irrevocable beneficiary designation has been properly endorsed on said insurance policy and that the insurer has received notice of restrictions placed upon Husband's ownership of the insurance by the terms of this Agreement. ;?Xl? V? G w.??ww c e cm`s c? e ?jl? 15 11 PrN? Z,11?1? *? A 10. SPOUSAL SUPPORT/ALIMONY: 3 S f Wh?CI \ uA? Husband currently has a petition fear ion in hiss usal support obligation pending in Domestic Relations to the above referenced number. It is (6,(aliz, anticipated that a recommendation will be issued by Domestic Relations prior to the finalization of the parties' divorce. The parties agree to be bound by the conference officer's recommendation and to utilize that recommendation as husband's support obligation. In the event that the conference officer's recommendation is zero, the parties agree that an alimony order shall be entered requiring husband to pay wife $1.00 per month alimony until modification or termination is appropriate. This order is being entered in this manner because husband is currently unemployed and wife was recently injured in an automobile accident. Upon husband's employment, a change in wife's medical condition, or other change in the parties' economic circumstances, either party may petition the Court to reconsider wife's alimony award/request. The parties shall exchange tax returns annually no later than May 1 of each year and the parties further agree that any request for an alimony modification or termination shall be presented to the Cumberland County Divorce Master. The parties further agree that Husband shall make the payments directly to Domestic Relations without the need for a wage attachment; however, Wife reserves her right to request a 'wage attachment at any time. In the event there are any issues with Husband's payments to Wife, including but not limited to, late payments, missed payments, partial payment, etc., Wife will be permitted to request that Domestic Relations attachment Husband's wages. If Husband disputes the wage attachment, he will have to file an appropriate petition with the Court. Such obligation for alimony shall be subject to modification or termination upon Wife's death, Wife's remarriage, Wife's cohabitation, or a substantial change in the parties' economic circumstances. Cohabitation shall be defined as entering into cohabitation with a person of the opposite sex who is not a family member -7- of Wife's immediate family within the degrees of consanguinity, and mutually assuming those rights and duties usually attendant upon a marriage relationship. 11. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Except as otherwise provided herein, both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 12. INCOME TAX PRIOR RETURNS: 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. 13. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. -8- 14. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 15. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other parry 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, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 17. 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 -9- that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. ORTUNIT/Y TO BTAIN ADVI F INDEPENDENT TAX COUNSEL ACCOUNTANT: Both Vtoe acknowled an agree that they have had a _? opportunity retain tax neys, accoun nt , tax advisors o certified pu Ii kta accountants with reference tax implications this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. -10- 21. DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 22. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein. are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. - 11 - 25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. -12- 29. CONSTRUCTION: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. " (SEAL) CHARLES A'STOMBAUGH SEAL) RENE D. ARAM IGES (f/k/a Renee D. Stombaugh) -13- RENEE D. STOMBAUGH, n/k/a RENEE D. ARAMBIGES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION CHARLES A. STOMBAUGH, NO. 2009 - 5618 CIVIL TERM c ° N PRAECIPE TO TRANSMIT RECORD -WIM 3W czn?' ? To the Prothonotary: .{ N r Transmit the record, together with the following information, to the court for entry of a di; decree: = D 1. Ground for divorce: -?' ....a Irretrievable breakdown under § (3301(c)) and (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Acceptance of Service by Defendant dated October 13, 2009; filed with the Prothonotary on October 19, 2009. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff February 23, 2012 ; by defendant February 22, 2012 (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: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice February 24, 2012 was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: February 22, 2012 Attorney for Plainti fendant Cr RENEE D. STOMBAUGH, n/k/a RENEE D. ARAMBIGES, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES A. STOMBAUGH, NO. 2009 -- 5618 Civil Term DIVORCE DECREE AND NOW, f ` e4 Z , A?01 , it is ordered and decreed that RENEE D. STOMBAUGH, n/k/a RENEE D. ARAMBIGES> plaintiff, and CHARLES A. STOMBAUGH, , 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.") The Court retains jurisdiction over Plaintiffs request for alimony, said alimony award being subject to modification based upon Defendant obtaining employment, a change in Plaintiffs medical condition, or other change in the parties' economic circumstances. Either party may petition the Court to reconsider Plaintiffs alimony award/request. The parties shall exchange tax returns annually no later than May 1 of each year. The parties further agree that any request for an alimony modification or termination shall be presented to the Cumberland County Divorce Master. By the Court, dte J. n Prothonotary G . t t2. ecel 4WJ 6a &I Pob?e efroov (2) RENEE D. STOMBAUGH, N/K/A RENEE D. ARAMBIGES, Plaintiff V. CHARLES A. STOMBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 5618 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of 2012, upon consideration of the attached Petition to Amend Decree in Divorce, it is hereby ORDERED AND DECREED that the Divorce Decree entered in the above matter on March 14, 2012 shall be amended to include language that Plaintiff shall be entitled to receive Defendant's HD Vest Retirement account in its entirety. DISTRIBUTION: BY THE COURT, ? Sandra L. Meilton, Esquire, 635 N. 12'h Street, Suite 101, Lemoyne, PA 17043, Counsel for Plaintiff y? Jane Adams, Esquire, 17 West South Street, Carlisle, PA 17013-3220, Counsel for Defendant { s I } ? 1 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RENEE D. STOMBAUGH, n/k/a RENEE D. ARAMBIGES . V. CHARLES A. STOMBAUGH NO. 2009 -- 5618 Civil Term AMENDED DIVORCE DECREE AND NOW, Ain 4i // , o?pl2 , it is ordered and decreed that RENEE D. STOMBAUGH, n/k/a RENEE D. ARAMBIGES plaintiff, and CHARLES A. STOMBAUGH , 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.") Plaintiff, Renee D. Stombaugh, n/k/a Renee D. Arambiges, shall be entitled to receive Defendant's, Charles A. Stombaugh's, HD Vest Retirement account in its entirety. The Court retains jurisdiction over Plaintiffs request for alimony, said alimony award being subject to modification based upon Defendant obtaining employment, a change in Plaintiffs medical condition, or other change in the parties' economic circumstances. Either party may petition the Court to reconsider Plaintiffs alimony award/request. The parties shall exchange tax returns annually no later than May t of each year. The parties further agree that any request for an alimony modification or termination shall be presented to the Cumberland County Divorce Master By the Court, Attest: J. Pro onotary y c/ 3 o /2 CAP/ 1? coe COPX Renee D. Stombauah (gM Renee D. Arambiges): IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE Charles A. atom whNO. 2009-5618 C,IyIL. TERM Defendant QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of "Im . 20.dthe parties, Renee D. Arambiges, Plaintiff, and Charles A. Stombaugh, Defendant, do hereby Agree and Stipulate as follows: 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. The Defendant, Charles A. Stombaugh, has in effect the following Individual Retirement Annuity ("IRA') managed by HD Vest Financial Services: Charles A. Stombaugh IRA FCC as Custodian Account No. 8276-1745 3. Participant's date of birth and Social Security number are found in the attached Addendum. 4. The Plaintiff, Renee D. Arambiges, (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. Alternate Payee's date of birth and Social Security number are found in the attached Addendum. 5. Participant's last known mailing address is: 46017 Caraway Terrace Sterling, VA 20166 6. Alternate Payee's current mailing address is: P.O. Box 264 Boiling Springs, PA 17007 7. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: a. The IRA, or a portion thereof, referenced in Paragraph 2 is marital property. b. That subject to the finalization of the divorce and the execution of the documents required by FCC as Custodian or HD Vest Financial Services, the entire account shall be awarded to the Alternate Payee and distributed to her pursuant to the distribution election forms submitted. C. The parties are directed to timely submit to the investment custodian or investment manager all documents that are required to finalize this Order. d. Since this is a transfer pursuant to a divorce action and a Qualified Domestic Relations Order, any distribution of funds to the Alternate Payee shall be taxable to her and not the Participant. The Alternate Payee assumes responsibility for any and all tax consequences associated with funds distributed to her. z 8. This Court reserves jurisdiction to issue further orders as needed to execute this Order. Accepted and ordered this X--" day of BY THE COURT Judge CONSENT TO ORDER: Pl ' ti:&Alternate ayes Date Attorney for Plain ' Date Alternate Payee ed U `J S DdendantlParticipent Date C" T-4- Q.. CL. cv C\i Oki RENEE D. ARAMBIGES, Plaintiff V. CHARLES A. STOMBAUGH, Defendant RENEE D. STOMBAUGH, Plaintiff V. CHARLES A. STOMBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 766112335 DOCKET NO. 252 SUPPORT 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 766112335 DOCKET NO. 09-5618 CIVIL ORDER OF COURT AND NOW, this 21st day of June, 2012, this matter having been -< scheduled for a hearing de novo before the Support Master on the Defendant's petition for modification of spousal support, and the parties having reached an agreement on all outstanding issues, upon recommendation of the Master, it is ordered and decreed as follows: A. For the period of February 1, 2012 through March 13, 2012 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $300.00 per month. B. Said spousal support order is terminated effective March 14, 2012. C. For the period of March 14, 2012 through June 30, 2012 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $300.00 per month. D. Effective July 1, 2012 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony pendente lite the sum of $600.00 per month. G ,v CA -v 3 1W cr E. Any arrears or credits existing on the spousal support obligation on March 14, 2012 shall be transferred to the alimony pendente lite obligation. F. Collection of retroactive arrears shall temporarily be held in abeyance and shall be resolved in the parties' divorce action. By the Court, Albert H. Masland, J. cc: Renee D. Arambiges Charles A. Stombaugh Sandra L. Meilton, Esquire For the Plaintiff Jane Adams, Esquire For the Defendant DRO/rjs Copy ID eo • Cara A.Boyanowski,Esquire Supreme Court I.D.No. 68736 SERRATELLI SCHIFFMAN&BROWN 2080 Linglestown Road Suite 201 Harrisburg,PA 17110 (717)540-9170-telephone (717)540-5481 -facsimile cboyanowski@ssbc-law.com Attorney for Defendant/Obligor RENEE D.ARAMBIGES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA vii. : DOMESTIC RELATIONS SECTION CHARLES A. STOMBAUGH, : PACSES CASE NO. 766112335 Defendant : DOCKET NO. 252 SUPPORT 2011 RENEE D. STOMBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA viii. : DOCKET NO. 09-5618 CIVIL CHARLES A. STOMBAUGH, : CIVIL ACTION-LAW Defendant : IN DIVORCE PETITION TO DECREASE ALIMONY OBLIGATION AND NOW, comes the Defendant/Obligor Charles A. Stombaugh, by and through his attorney, Cara A. Boyanowski, Esquire, of SERRATELLI SCHIFFMAN & BROWN, and avers as follows: 1. Petitioner is Charles A. Stombaugh the Defendant/Obligor in the above captioned alimony action. Mr. Stombaugh is an adult individual, with a mailing address of P.O. Box 650322, Sterling, Virginia 20165. 2. Respondent is Renee D. Arambiges the Plaintiff/Obligee in the above captioned alimony action. Ms. Arambiges is an adult individual, who presently resides at 210 Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. She is represented in this case by Sandra L. Meilton, Esquire. 3. The parties were divorced on March 14, 2012. 4. As a result of their divorce action,the parties entered into a Marital Settlement Agreement on February 23, 2012, which under Paragraph Ten, included a provision for the payment of modifiable alimony to Respondent. 5. At the time of the execution of the Marital Settlement Agreement, Petitioner's monthly support payment to Respondent was $2,700.00 per month, however, Petitioner had filed a petition for reduction with the Cumberland County Domestic Relations Section, citing a substantial decrease in his income, as he was unemployed. The parties agreed to be bound by the support conference officer's recommendations and to utilize that recommendation as Petitioner's alimony obligation, unless it was calculated to be zero, at which point, Petitioner's alimony obligation to Respondent would be $1,000.00 per month. 6. The parties further agreed that Petitioner would make all alimony payments directly through the Cumberland County Domestic Relations Office, without the need for a wage attachment. 7. The Agreement also permitted either party upon a change in Petitioner's employment, a change in Respondent's medical condition, or some other change in the parties' economic circumstances, to file for a reconsideration of Respondent's alimony award. 8. On June 21, 2012, an Order of Court was entered directing Petitioner to pay to Respondent from February 1, 2012 through March 13, 2012, the sum of$300.00 per month in spousal support, from March 14, 2012 through June 30, 2012, the sum of$300.00 per month as alimony pendent lite, and from July 1, 2012 forward, the sum of$600.00 per month as alimony pendent lite. 9. On October 12, 2012, an Order for Payment of Alimony was entered, directing Petitioner to pay to Respondent the sum of$2,200.00 per month in alimony. At the time of the entrance of the new Order, Petitioner was employed and earning a gross salary of approximately $97,000.00. 10. On November 29, 2012, Petitioner learned from his employer, Intelligent Decisions,that he would be laid off from his employment, effective November 30, 2012. 11. In January 2013, following his layoff from Intelligent Decisions, the parties reached an agreement, through counsel, whereby, Petitioner's alimony obligation would be decreased to $300.00 per month. Unfortunately, this agreement was never reduced to writing and signed by the parties. 12. Despite being unemployed, Petitioner made the agreed upon payments each and every month until December 15, 2013, at which time his unemployment benefits expired. 13. From December 2013 through September 2014, Petitioner earned no income. 14. Despite presenting for many interviews and mailing out numerous resumes, Petitioner was unable to secure employment until October 6, 2014. 15. Petitioner is currently employed with Zenetex, LLC, as a Project Analyst. 16. Petitioner is currently earning a gross annual salary of$59,900.00. A copy of Petitioner's most recent paystub is attached hereto as Exhibit "A." 17. The parties' Marital Settlement Agreement permits both parties, upon a change in Petitioner's employment, a change in Respondent's medical condition, or some other change in the parties' economic circumstances, to file for a reconsideration of Respondent's alimony award. 18. As a result of Petitioner's unemployment status for a period of approximately two years, and his current decreased annual salary, Petitioner would like to recalculate his alimony obligation to Respondent. WHEREFORE, Petitioner, Charles A. Stombaugh, respectfully requests this Honorable Court to (1) decrease his alimony order effective January 1, 2013 through December 31, 2013, to $300.00 per month; (2) suspend his alimony order effective January 1, 2014 through October 5, 2014 so it charges at zero dollars per month; and (3) from October 6, 2014, forward, to recalculate an appropriate alimony award, based upon the parties' current annual gross incomes and financial circumstances. Respectfully submitted, SERRATELLI SCHIFFMAN & BROWN We( abayanaaidic Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant/Obligor NOV/21/2014/FRI 09:06 AM PMA 261 FAX No; 3013420778 P. 007 VERIFICATION I, Charles A. Stombaugh,the within named Defendant/Obligor,do verify that the facts contained in the foregoing Petition to Decrease Alimony Obligation are true and correct to the best of my knowledge,information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Charles A.Stom•. gh CO FILE DEPT; CLOCK UCNR N© 652 • 712 ©ti58Q0 GENOPT t1OOO4502t)2 1 Earnings Statement ZENETEX LLC Period Beginning: 10/19/2014 13800 COPPERMINE RD SUITE 307 Period Ending: 11/01/2014 HERNDON,VA 20171 Pay Date: 11/07/2014 COMPANY PH#:703-657-0377 00000000193 Taxable Marital Status: single CHARLES STOMBAUGH Exemptions/Allowances: PO BOX 650322 Federal: 1 STERLING VA 20165 MD: 1 MD Cnty Default Tax Social Security Number: XXX-XX-7151 Earnings rate hours this period year to date Other Benefits and Regular 2303.84 80.00 2,303.84 4,607.68 Information this period total to date .................................................................................... 4,607.68 Er 401K Match 5.76 5.76 4 607.68 G.T.L. 1 .98 3.96 ................. Kwages 2,303.84 4,607.68 Deductions Statutory Pto Balance 9.24 Federal Income Tax -331 .11 688.59 Social Security Tax -137.85 280.81 Medicare Tax -32.24 65.67 MD State Income Tax -159.03 159.03 VA State Income Tax 114.00 Other Dental -8.47* 8.47 Medical -70.83* 70.83 Vision -3.12* 3.12 401K -23.04* 23.04 ................................................................................... ........... Checking 1 -1 ,538.15 .................................................................................... ................................................................................... * Excluded from federal taxable wages Your federal taxable wages this period are $2,200.36 ®2000 AOP,ICC ZENETEX LLC Advice number: 00000450202 13800 COPPERMINE RD SUITE 307 Pay date: _ - 11/07/2014 HERNDON ,VA 20171 COMPANY PH#:703 -657-0377 Deposited to the account of = _.- =account number transit ABA amount CHARLES STOMBAUGH — = CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, do hereby certify that on this X15 i day of NOWAY/OA-) 2014, I served a copy of the foregoing document by United States Mail, First Class,postage pre- paid, to the following person(s): Renee D. Arambiges 210 Ridge Road Mechanicsburg, Pennsylvania 17050 Sandra L. Meilton, Esquire Daley Zucker Meilton& Miner 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 Cara A. Boyanowski, Esquire SERRATELLI, SCHIFFMAN & BROWN, PC 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 540-5481 fax cboyanowski@ssbc-law.com Attorney for Plaintiff RENEE D. ARAMBIGES, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES A. STOMBAUGH, : PACSES NO. 766112335 DEFENDANT : 252 SUPPORT 2011 RENEE D. ARAMBIGES, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES A. STOMBAUGH, DEFENDANT : 09-5618 CIVIL TERM ORDER OF COURT AND NOW, this f day of December, 2014, upon consideration of Defendant's Petition to Decrease Alimony Obligation, a Rule is issued on Plaintiff to show cause why the within relief should not be granted. Rule returnable twenty (20) days from service. Any answer filed shall be forwarded by the Prothonotary to chambers. By the Court, Albe H. Masland, ✓ Renee D. Arambiges 210 Ridge Road /Mechanicsburg, PA 17050 ✓ Cara A. Boyanowski, Esquire For Defendant sal Co ; ts aInticl• 161.3/Pf rri c� ; f cD. w CO Sandra L. Meilton, Esquire Daley Zucker Meilton & Miner, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 sm e i lton (n,damm l aw. co m RENEE D. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOMESTIC RELATIONS SECTION CHARLES A. STOMBAUGH, : PACSES CASE NO. 766112335 Defendant : DOCKET NO. 252 SUPPORT 2011 RENEE D. STOMBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2009 - 5618 CIVIL TERM CHARLES A. STOMBAUGH, : CIVIL ACTION - LAW Defendant : IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION TO DECREASE ALIMONY OBLIGATION AND NOW comes Plaintiff/Obligee, Renee D. Arambiges, formerly Renee D. Stombaugh (hereinafter also referred to as "Respondent"), by and through her counsel, Sandra L. Meilton, Esquire and Daley Zucker Meilton & Miner, LLC, and files the within Answer to Defendant's Petition to Decrease Alimony Obligation as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Renee D. Arambiges is the Plaintiff/Obligee in the above captioned matter. It is denied that Ms. Arambiges resides at 210 Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. It is averred that Ms. Arambiges' proper address is 210 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Petitioner's support payment at the time of the execution of the Marital Settlement Agreement was $2,700 per month and that Petitioner had filed a Petition for the reduction of that Order due to his alleged unemployment. As to the balance of the allegations set forth in Paragraph 5, the Marital Settlement Agreement speaks for itself. 6. Admitted. 7. Admitted. 8. No responsive pleading is required for Paragraph 8 in that the Order of June 21, 2012 speaks for itself. 9. Denied. The Order of October 12, 2012 speaks for itself. Respondent does not have sufficient information to determine whether at the time of the entrance of the new Order, Petitioner was employed and earning a gross salary of approximately $97,000 and proof thereof, if relevant, is demanded at trial. 10. Denied. Respondent does not have sufficient information to determine whether Petitioner learned on November 29, 2012 from his employer, Intelligent Decisions, that he would be laid off from his employment, effective November 30, 2012 and proof thereof, if relevant, is demanded at trial. 11. Admitted in part and denied in part. It is admitted that there were discussions between counsel with regard to reducing Petitioner's alimony obligation after his January 2013 layoff; and it is admitted that, if an agreement was reached, it was never reduced to writing and/or signed by the parties. Counsel for Respondent is currently researching her notes and 1 emails to determine the status of the situation as of January, 2013 and until that is completed cannot respond to this allegation. To the extent that the allegation is relevant, proof thereof is demanded at trial. 12. Denied. Respondent does not have sufficient information to respond to the allegations in Paragraph 12 and proof thereof, if relevant, is demanded at trial. 13. Denied. Respondent does not have sufficient information to respond to the allegations in Paragraph 13 and proof thereof, if relevant, is demanded at trial. 14. Denied. Respondent does not have sufficient information to respond to the allegations in Paragraph 14 and proof thereof, if relevant, is demanded at trial. 15. Denied. Respondent does not have sufficient information to respond to the allegations in Paragraph 15 and proof thereof, if relevant, is demanded at trial. 16. Denied. Respondent does not have sufficient information to respond to the allegations in Paragraph 16 and proof thereof, if relevant, is demanded at trial. 17. The Marital Settlement Agreement speaks for itself. The allegations set forth in Paragraph 17 are conclusions of law to which responsive pleading is required. 18. No responsive pleading is required to Paragraph 18. WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Defendant's Petition to Decrease Alimony Obligation. Date: 1/4/5. By: Respectfully submitted, DALEY ZUCKER MEILTON & MINER, LLC Sandra L. Meilton, I.D. • 32551 635 N. 12th Street, Lemoyne, PA 17043 Attorneys, for Plaintiff/Obligee (Respondent) VERIFICATION I, Renee D. Arambiges, verify that the statements made in the attached 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 falsification to authorities. Dated: 1 vZ 7//1( CERTIFICATE OF SERVICE I, Gloria M. Rine, Paralegal with Daley Zucker Meilton & Miner, LLC, hereby certify that on this J day of January, 2015, a copy of the foregoing document was served via United States First Class Mail, addressed as follows: Cara A. Boyanowski, Esquire 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (with copy also sent via email) Gloria M. Rine