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Home My WebLink About02-0227 .. CARRIE GIPE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CNIL ACTION- LAW IN CUSTODY WILLIAM GIPE, Defendant No, 02 - 227 CNIL TERM CUSTODY AGREEMENT THIS AGREEMENT, made this J 7th day of ~-r;~ ' 2002, between Carrie Gipe, hereinafter Mother, and William Gipe, hereinafter Father, concerns the custody of their children, Victoria Leeanne Gipe, born July 15, 1990, Meariam Alicia Gipe, born September 1, 1992, and Susanna Lynn Gipe, born September 1, 1992. Mother and Father desire to enter into a temporary agreement as to the custody of their children, Mother and Father agree to the following: 1. The Custody Order of February 26, 2002 is temporarily suspended. 2, Mother and Father shall share legal custody of the children. 3, Mother shall have primary physical custody of the children. 4. Father shall have supervised visitation with the children as follows: a. Father shall have periods of supervised visitation every other Saturday from 1:00 p.rn. to 5:00 p,rn. at Memorial Park in Mechanicsburg, rain or shine, beginning on July 20, 2002. b, Father's periods of visitation shall be supervised by Mother. Mother may terminate a visit if Father makes inappropriate comments threatening suicide or which disparage Mother in front of the children. Mother will warn Father before terminating the visit when she believes such comments are being made, c. At such other times as the parties may agree, The parties are encouraged to arrange additional periods of supervised visitation as their schedules will permit in order to maintain the strong relationship between Father and children, 5. The parties agree to petition the Court to reinstate the Order of February 26, 2002 upon Father's completion of the outpatient counseling program recommended by the Polyclinic Hospital or upon obtaining a statement from his physician or counselor that he is not a threat to himself or the children, 6, Father shall be entitled to reasonable telephone access to the children while the children are in Mother's custody, 7, Neither parent will do anything that may estrange the children from the other party, or injure the opinion of the children as to the other parent or that may hamper the free and natural development of the children's love and respect of the other parent. 8, Until the Father obtains a driver's license and a vehicle, the Mother shall be responsible for the transportation of the children relating to custodial exchanges. When the Father obtains his driver's license and a vehicle, the parties will share transportation relating to custodial exchanges. 9, The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. The parties intend for this Agreement to supercede all prior Orders in this case until the order of February 26,2002 is reinstated. 10. The parties intend for the hearing scheduled for July 19,2002 at 1:30 p,m, to be cancelled and for this Agreement to resolve all issues raised in the Petition for Special Relief filed July 3, 2002 in this matter. rJ~ J ~~l:n William Gipe, Defendant I is:x A A~ 0 vjV\ ,Jfd~ Cv Came Gipe, Plaintiff '-'. ""1 ~ ~ .cN Jennifer everly Certified Legal Intern ~ Daniel Pollock, squire Attorney for Plaintiff 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7566 4JJrL S ,PLACE ROB T E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys Attorneys for Defendant THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243- 2968 > () 0 0 c: r....,) "1 S t- ;::~g~, c::: -g -,Y r- "'- ~;. ;" .."'.;>" .-"0. f_ L. q (f) 2 -.! _< If 0 r'- r.:~) -0 -r. - -" -V--- -~ ';.]c') ,,1..... " ~',.,. /.-0 ~ (Sm :PC --I Z ~'" ~ ~ C> '< CARRIE GIPE, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE I, JOHN CHRONISTER, a competent adult, being duly sworn according to law, depose and say that at "/,' / 5 /Jr? on June;;1 , 2005, I personally se:rved by hand delivery the Amended Complaint in Divorce in reference to the above-captioned case: To: William Gipe Shenendoah Apartments, Apt. #303 105 East Allen Street Mechanicsburg, P A 17055 I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Date: ff~ 3D, 2005 HN CH~O~;rER Sworn and subsW before me this30 day of June, 2005 EAL TH OF PENNSYLVANIA NaIaII8I Seal MId1a L _. NoIary Put*: CarlIeIe BarO. a.,j)"jlaold CounIy My Co.., JIIJ-,Ellplr8oSepl.18, 2007 Member. P.nnlylvania Aasod.tfon Of Notaries Q ::'" "':}I,"; n-'{'\ :4',;\ U;> 2::. t~ "", = -= en ~ , (J1 -,::c" ~ O;_,.Z. ~-::~.c' )7C~ ji A -<. ~ ::t...,., P~\=r; ;5t;J Q,c "-.-,2 ...,-" ,"_ ~f"'\ QB ;<Srrt '':"~ ? :Q -0 :;;l: ~? ~ o,D - . .~ JUl 1 7 2002 ~ CARRIE GlPE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION- LAW IN CUSTODY WILLIAM GlPE, Defendant : No, 02 - 227 CIVIL TERM ORDER OF COURT AND NOW, this _r \] ~ day of '! L J l7 ' 2002, with the consent of the parties, the attached Custody Agreement is hereby made an Order of Court and the Order of February 26, 2002 is temporarily suspended, BY THE COURT, J. cc: Daniel Pollock, Attorney for Plaintiff Family Law Clinic, Attorneys for Defendant " VINVAlASNN3d ,UNnoo O\'7l~:;2VVno 28 :2: l"id i. I 'iJW?O IUWI0'Y:', ' ^OV. (\1"_,, ;'..'L" jJj.:F'1'~~:'-',>,~,; - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Carrie Gipe PLAINTIFF NO, o:;)-;};) , ----------------- v William Gipe DEFENDANT CIVIL ACTION LAW IN DIVORCE/C;:JSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You lu-ive been slJE:~(l In c;()uri,. If Y'-ll} wi:::-~h to defend again:::jt the claims set fortll in the following pages, you must take prompt action, You are warned that jf you fail to do so, the case may proceed wi thoLlt you and a Decree of D i V01"r:',o' or ann IJ 1 Tnpn t. Tn;,y be entered against you by the Court. A judgment may also be entered against. you for any other relief requested in these papers by the Plaintiff, Y,,,,, may 10:";8 money, PrcJperty, or ,:>t.her rights imp('Jr tan t. to YC)11. When the ground:3 ["1' t.he eli vorce 1 Cl Lnch gn i t.ie~', 01: irrctri(.,'vElblc brt:al~c1I,)1Vvn of the rn,:)_rric\g~'.'J Y'()!l may rF:\queDt marriage COllnS(jl.i.og. n li~3t of mRrriage cCjlJnselors is 3vailable irl tIlG office of The Prothonot.ary at thp Cumberland County Courthouse, Carlisle, PeIIDsylvaniD; 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 ASSISTANCE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 TELEPHONE (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Carrie Gipe PLAINTIFF NO.~~~_~2{_~_____ v William Gipe DEFENDANT CIVIL ACTION LAW IN DIVORCE/CUSTODY AEEI~AYIT_QE_MARRIAQE_QQQNQE~INQ C;:lt'r.l c Gipe, bpi ng duly ,,;worn according t,(> law, deposp~, and say::; , 1 . I have been advi sed ('()un~-)I\l ing and L1n(:lc~r:3tand ruquire that my SP()i]~~P ,~ind I of the availability of t11at 'T may rE~que:3t t,b.at f)articip~-te in cOl1nseling. marriage the cr)urt :2 I uncler:3tand that tl,e court c~-ourlst='!ll.lr::__~ in t.It>':'; Off.icl,-.' :If t,hr., avail;lblf' tc' m'e' uporl reque:,;t, malntaj.ns a list of ffiarrJage Frc,thonot,'JI"Y, which li;,',t '.,.,' J. B{~ing ;~;o ,"idvisedJ I dCl n(lt r(~'(lU(:>;:it that th(:~ court that my spouse and I participate in counseling prior to a decree being handed down by the court. r(~qu jrt~~ di.vi)l'Ce 1 u.n('li::"r:~tand t~hat f,=tJ ~:;(', ;:;t,atement:::-i rlf-:ll'ein arc tel the pl::~~naltier:, of 18 Pa C.S. ~:~e('tion 490,1, unsworn falsification to authoritips. made sub,iF:,ct rid ,"I t. i ngk) Da t. e :Jj)JJ.JJ.a{t-__L~____- ) 2 C1 02 [I . --~_Jl~ fK__ Carrie Gipr-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Carrie Gipe PLAINTIFF NO._(2~~ct_~_~______ v, William Gipe DEF'ENDANT CIVIL ACTION LAW IN DTVOHCE/C(]STODY QQtlE~Al~T_l~_DlYQEQE AND NOW, Lhi s 1 Gi~h day of ,January ::-~002, comeci the PLlintiff, Carrie l>lpr', b)/ :ind UI.1"(',llgr, he)r aLtorwc,y, DCinLel Pollock, Esquire, and files the following Complaint in Divorce whereof the following is a statement: COUNT I DIVORCE 1. The Plaintiff, Carrie Gipe, is an adult individual currently resides at 83 Betty Nelson Court, lot Carlisle, Pa. 17013. Cumberland County wh() .Ft12 2. The Defondant, William Gipe, is current Address is 93 Detty Nelson 1,70J~. ~umberland County, an adult individual who Court, Ce,t #12 Carlj,C3le, Pa. 3. 1989 The Plaintiff and separa t{~d and Defendant WETC' iYlnrrir..,] on or abou,t ,January 1 G, :;00;; ,) r\ NovcrnLJi'1' 21 , 4. Tho Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvani3 fCJr a-L least the pri()r :3ix eE) montll2; immediately pruVi',)'E; to Lhe fi ling (If th'i:c; comp];linL 5. Tllerc have been no prior d(:ticJns ()f dlvor'ce or arlrlulments betwePD t.te pRrties. 6. The Plaintiff has cCJun:-;c;l j ng between Ce,urt, ['('qllir'p botj) been advised of the availability Lhp p<:lrties and thE' right to requ(?;~j-t, par~ies t,0 par'tjcipate in cCllJnseling. uf t,bc 7. Both the Plaintiff and the Defendant are ,c,ui ,Juri,', and are rlt,izenc,; of [,he United StatJ',-;, 8. Thi;' PI3.; nt'j ff aVier,:, t~hai, the groimdc; on which the act'i on 1:C; bused are that the marriage is irretrievably broken. COUNT II : DIVORCE INDIGNITIES UPON THE PERSON 9. Paragraphs 1-8 are incorporated by reference. 10. Throughout the course of their marriage and cohabitation William Gipe has subjected Carrie Gipe to threats of violence upon her and her family in order to keep her from leaving. 11. Throughout the course of William Gipe has used unwelcome of Carrie Gipe in order to particular manner. their marriage and cohabitation physical force against the person coerce her into behaving in a 12. William Gipe has repeatedly used Alcohol to excess in the marital home against the wishes of Carrie Gipe. 13. William Gipe has often destroyed the personal and marital property of Carrie Gipe while intoxicated. 14. William Gipe has been intoxicated as often as not during the past S months. 15. These above mentioned person of Carrie Gipe, condition intolerable. behaviors amount to indignities to the making her life burdensome and her Wherefore Divorce should be granted to Carrie Gipe on grounds of Indignities to the person. under 23 Pa. C.S. a(l)(S) the 3301 WHEREFORE, The PIa inti f1' rC'luE":'ot:,', this Honorable Ce,urt, to enter a dec~ri~'I:j of div()rc:(-:~, d:ivc)rc1.ng "the Fl,~:tlntiff fl>)[L !h{.' Lnnd~; "f m,'ltr:imony Li,',rctofore existing between the PJ,"l~::1.tjff ,:'\nd th,=. Dcfendan'L, C()[)NT [II CUSTC)D'l l\n(l Nc-'w h(:~rp eomns tIll: Pl::-j irl t, i. rf J r;:'ler' If} Cip(~, By arId tLrr)ugll heY' At,tl"Jrru"'y, DanieJ Pol..lock, Esq. 1/) ~)ring befclI~e thj;:::i Honc,t'arJ"le Court thi:'i ('()mf}J,--:~jrit f"-,ll' (.'-u;~-;t....)cly nf ht.,l' rn.l.flOr d~ughters as spelled out below. lR Parngr'aplls 1-15 al~e jncorporntf~(i by reference 17. The PJaintiff is Carrie Gipe, Residing at 93 Betty Nelson C to L,ut J :~', Car ll:=; le t';" 1 7lJ 13, Cumber J.a,nd Count,y 18. The DAfendant. Npl,:c-5'ln Cr~_ Lot. 12, is William Gipe currently residing at 93 Betty Carlisle, Pa. 17013) Ccmbor_land Coun-ty. 1 q .1, v . The Plaintiff seeks Vie"toria, agc:' 11) MlJa,,C 1 am J Elg c~ ~l J Su:'~;~annt3. ) cl!;e 9, the custody of the following children: D.O.P" 7,1.5,90 D.O.B. 9 -1 92 D,C!.B, ~l 1 ~j2 Th~::;~3t' c)}llldI'0:'~n Wt~':rF' bOl'rl in wed.loc:k Trl'.cccJ' childl'!.'n cu.t'c!"nLly l'n::;ide in the f'lTni ly home in 'lhc care of their mother, During tho past 5 years the children have lived with the following people at the following addresses: 1. '97 to 1.16 02 9.3 Bc.tt.y Carlisle, Pa. Nc:I:~orl 17013 Ct-, . Lut. 12 Mother, Father CLi.ldl'en 1 ~-lG--02 Same addre:-:3:::; Mother children '1nd. The Mother of the children ~t 9~ Betty Nelson Court, lut married and the plaintiff of the ],::; Carrie Gipe, Currently #12 Carlisle, Pa, 17013 att,:).I'hecl Jiv()rce pe-titicn 1-1 vi ng She i:.::, The Fu~her of tIle 8hi]dren is WillIam Glpe, Last Kn'~wn Adclrc>~:;3 :'1t, 93 Betty Ncl:3on C()l.lrt, Lot #1:2 C':il~lisluJ Ptt. 17U13 He Is currently Married Rnd the subject of the attached divocce P",j,ition, Ilb c:, r r:~la t i ()n ~-~}Ij p ~;he is thejr mottler. children in que~tion of the p13irl-tiff t.(~ t.te cb-ilrlrPD Thp, F'1 aj nt,:i ff Cllrt'~::;ntly 1.. i Vf';:l I'" ~, with thc;t the Th{~:' He1.at,ior1;3fll.l-> LJf ]~ Lh,~ir father He is bO!"ij(.' the defendant to the children is that he in t,11f-' prl)C~SS (1f lAaving t}18 maritnl 20, The plailiLi ff h",.:; concerning the custody jurisdIction as ~~iLher [If)!. p;-\rt,iC'jpatr=-}d in any '::ltllcr of these children in this or a p3r.ty or R witness. proceedi.ng any ':Jthel' The Plaintiff concerning these (~':)mm0nwe;:l J l', L . has no cl1i.ldren l<.:nowledge of pcmding in any cust!',dy any court, proceeding oft} I.i ,,', Th(: Plaintiff (loes rlot krlow ~:\f ~nyonc', no.t a party to tIlls action \1ho has physical custody of these children, or anyon" whu rl~lms to hav(~ partial custody, or visitation rights witll respe(:t t(~l the subject children. 21 Th,e, bf3St int~ere~;;t and permanent. wclf"rc of t,he childron icJ best, servf:)c[ by granting tb", relLef lequestpd of the plaintiff primary phY:Jical and legul custody of the subject. cl,ilcJr";ll fIll' th~ fol_lowine rca:jUrl~;: :"1. f,;:-\tner' :":"; the subject children tAmperamont, i'loes nClt mesh Bl'C learn:ing dis31JJ.ecl zlnd well with their abilities. the b tho Mother's temperament is better suited to handle the chl1d]:'en'~ di~abjljt,jes. C. Tl,e fo'aUl'c,r, ..' nftr'n .LntO);lcat.ed vih.i.lc, in the pre::.ence ()f t}"j;s~ children J. Thu Father often hits the children for behaviors that arn beyond their contr'Jl. e" Th(~:: mother 1:3 bc,tLer ,:"l.ble t.o pl'!:.vidc El lC.lvlng J ,:<:,tz\bl c envin,nment, for Vihich th"" ch'iJdreD may excel to the be:o:1 'o,f their ,~lbiJ"ities, -V71 1 roO,,!,, :2f l.lr ?:' ~ward her pl'jmary m()fltloI1Cd chIldren t,111:J F"1.,3.int,i ff physical :'lJd pt'ay~" tha t th i :c: I eg.:,.J Cll:".1.0l::Y FIC)Il(lrable cd' the CClur t above Daniel Pollock, Esq. Att'rney for the Plaintiff C,3_l'ri,r~' nipe Daniel Pollock,Esq. 3105 Old Get.t.y:.::.burg Hoad Camp HillJ Pa. 1701,1 SlJl1er Ct. Id. 703J.5 ('l17) 737 7~)E)G I verify that the statements made in this complaint are true and correc~ to the best of my knowledge. I understand that false statements knowingly made herein are subject to the penalties of 18 Pa. C.S. 4904 relating 1.0 unsworn falsifications to authari ti Pf3. ~J :;XSc/;) _CfuA' ~ c~'~,~fp;; , . ~ ~ ~ ....... ~Cg ~ ~ d , , , ~ ~ C) ~~ ~ ~ ~ ~ ~ ::t-.:t> ~ .. ~~ ~ ~~ "'t::J s.: '" ;:) ~ Q...... -j.... - t ~ ~ 'f (") " ~.; ,\ vfC; ~r-. ~ mf'. ~, Jf'~ J 2:r 8 =;; ~~~ d ~G ~~ l2 -.,~ 2: =.! ~ ~ o ~ C) 1'V c_ :J:"~ o "1'1 ~ J "i',;.- '-- (J) _:..;~' roo', , 'T~ ~-:,':: (~) ~..--! 'T, -.:,- -'-1 >;c5 "-rn \...) 5;j :0 -< -0 :J:;; w .::J U1 i J PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARRIE GIPE V. 02-227 CIVIL ACTION LAW WILLIAM GIPE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 29, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, February 22, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. VernlO" Esq. 0111 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '~ ~ iw --- ~ ~/ eo'pC" C ,~ f!, /"'p"VHf' ~It; '{'C? Ilt:'. e ~~~ r~.n 't'rJ'll.e.(? IJ.Nn~NVAlJ..SNN3d J Oill\f1l1~81'V . 10::1 ,no 9 f>S . /.lei 6Z fJt/r zo AW,.'"II"'"'' .L\./.\il.),'i i C~",'.J 'i" :)""'r.../J:;" ....:'.::. ':",-11 ::10 -",I'~-"j"o::nu FEB 2 5 2002 t' CARRIE GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2002-227 CIVIL TERM WILLIAM GIPE, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this Z" tt day of I=- LL ,2002, upon consideration of the attached Custody Conciliation Rep'ort, it is ordered and directed as follows: I. The Mother, Carrie Gipe, and the Father, William Gipe, shall have shared legal custody of Victoria Gipe, born July IS, 1990, Meariam Gipe, born September I, 1992, and Susanne, born September I, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. The Mother shall have primary physical custody of the children. 3. The Father shall have periods of partial physical custody of the children on the following schedule: beginning the first weekend of April, 2002, alternating weekends from Friday at 6:30 p.m. to Sunday at 7:30 p.m. 4. Father shall have physical custody of the children on Father's Day. Mother shall have physical custody ofthe children on Mother's Day. 5. The Christmas holiday shall be divided into two blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 6. The parties shall alternate the following holidays: Easter, Memorial Day, July 4th. Labor Day and Thanksgiving. Father shall have Easter in 2002 and the parties shall alternate thereafter. 7. Mother shall be responsible for transportation until Father obtains a valid driver's license at such time the parties shall share transportation as the parties agree. 8. Neither party shall do, nor permit any third party to do anything that may estrange the children from the other party, or injure the opinion of the children as to the \IlNV^1ASNN3d AlNnOO Of\1'IlH38WnO SS:/I WV 9Z 83.:1 ZO IU'.JiON""" -", ,.." "0 AUIIJ. /i ~)t"L,l..',"JJ ':.:,1-11. .::J 3Ji:J.:!o-CElI:J other party, or may hamper the free and natural development of the children's love or affection for the other party. 9. The parties shall keep each other advised immediately relative to any emergencies, medical or otherwise, concerning the children and shall, further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, each party shall have the right to visit the children as often as he/she deems consistent with the proper medical care of he children. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. ~ Pollock, Esquire, Counsel for Mother ~l Verish, certified legal intern Teri Henning, Esquire, Family Law Clinic cop~ ..(f)o.JJ ") O~-~1..0~ L ~ CARRIE GIPE, Plain tiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : 2002-227 CIVIL TERM WILLIAM GIPE, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Victoria Gipe Meariam Gipe Susanne Gipe July 15, 1990 September 1, 1992 September 1, 1992 Mother and Father Mother and Father Mother and Father 2. A Conciliation Conference was held in this matter on February 22, 2002, with the following individuals in attendance: The Mother, Carrie Gipe, with her counsel, Daniel Pollack, Esquire and the Father, William Gipe, with his counsel, Carol Verish, certified legal intern and Teri Henning, Esquire of the Family Law Clinic. 3. The parties agreed to the entry of an Order in the form as attached. :<. - ;;I;).. -0:2.... Date &~.ti cq ine M. Verney, Esquire Custody Conciliator . rJUIY~i 2002 IN THE COURT OF COMMN PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA Carrie Gipe movant No. 02-227 V. Civil Action-Law William Gipe respondant In Custody ORDER OF THE COURT AND NOW TIllS ~ rJ DAY OF JULY, 2002 based upon the petition of Carrie Gipe it is ordered that Mr. William Gipe's rights to unsupervisied partial Custody of his Daughters is suspended pending a hearing in front of this Court. . A h~g on tht1 meri!S of The petition is sc,heduled for the following placp and L time: F<'li:l.'l ) :S\ll, 5,2.00'-,21 \,L{S' PI"", I c..........k,eJCmd Co",ry~l, e....u.A l,o...-:.(. t.2..)~lsJ<. 1 peJ)'"')S"l\ ~ 2At2 t ,.; Co......if<lb........... Nt$) I I Cumberland County Courthouse . . Courtroom #_ at_ .M. on July , 2002 BY THE COURT 7/]16~ - ~ CoP' "'" f==crJ'a L{y" (].,o"'-J..Jo m!y 1M ~ C20py n-taLM ~ ~~~~ ~eJcu:t- ;; ., Vil'MilASNN3d II"-II(V'P\ 01.f\,nH:JC1V'lrV' I\J... ,11',,,/',./'... ,.._..11., '1 Iv 0'1:1 \~d [-1111'20 CARRIE GIPE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW :IN CUSTODY WILLIAM GIPE, Defendant :No. 02-227 CIVIL TERM MOTION TO CONTINUE The Defendant, William Gipe, by and through his attorneys, the Family Law Clinic, moves the Court to continue the hearing on Plaintiff's Petition for Special Relief. In support of Defendant's Motion to Continue, the Family Law Clinic avers: 1. Plaintiff's attorney served the Order of the Court scheduling a hearing on Plaintiff's Petition for Special Relief upon Defendant's attorneys, the Family Law Clinic, on July 3, 2002 at approximately 2:00 p.rn. 2. The hearing on Plaintiff's Petition for Special Relief is scheduled for July 5, 2002 at 1:45 p.rn. 3. As of approximately 4:00 p.rn. on July 3, 2002, the Family Law Clinic has been unable to contact the Defendant regarding the Petition for Special Relief and hearing scheduled for July 5, 2002. 4. Due to the fact that July 4, 2002 is a Federal holiday and mail service is not available on that day, the Family Law Clinic is unable to contact Defendant by mail before the July 5, 2002 hearing. 5. Defendant's partial custody privileges as provided in the Custody Order of February 26, 2002, will not be altered by continuing the hearing on Plaintiffs Petition until the week of July 8, 2002. 6. Counsel for Plaintiff did not seek concurrence of the Family Law Clinic regarding the Petition for Special Reliefpursuant to c.c.R.P. 206-2. 7. The Family Law Clinic attempted to contact Daniel Pollock, Esquire, attorney for Plaintiff for his concurrence with this motion, but was unable to reach him. WHEREFORE, the Family Law Clinic moves the Court to continue the hearing scheduled for July 5, 2002 until the week of July 8, 2002. ~ ,-4l4s Jennifi Heverly Certified Legal Intern ~~~rJ(l ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys Attorneys for Defendant F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243- 2968 (") ~:; "ni', ~~\;. -'- --~ ~;~~ " ~~ - 2'~ ~'~,_ :v c-; ~ ~wc..., \.....~. 1--': \ C ,'.) (,J .. (p .. ~. CARRIE GlPE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. :CIVIL ACTION- LAW :IN CUSTODY WILLIAM GlPE, Defendant :No. 02-227 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of J. )1, , 2002, upon consideration of the attached Motion to Continue, it is hereby ordered that the hearing scheduled for July 5, 2002 at 1:45 p.rn. in Courtroom No. I be continued until f.'3of.m. '4-u ~ J ~ ~ /1 dO(J,,1/ oJ- BY THE COURT, cc: Daniel Pollock, Esquire, Attorney for Plaintiff Family Law Clinic, Attorneys for Defendant ~ ~ '/!/~:A.. ~.1'. - V:t<\i/\"L\S~'~j'~Jjd Ilr 'r" ,.". ,..'.."....I.V"\ 1\~tr\J: :'./i ' ;' ':' I '~; ~~'\J h..) it;: i ~ Hi,] ,-- ~lnr 2~D CARRIE GIPE PLAINTIFF IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-227 CIVIL ACTION LAW WILLIAM GIPE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, August 21, 2002 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 10, 2002 at 10:30 AM for a Pre-Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin~. FOR THE COURT. By: Isl Jacqueline M. Vernry, Esq. Custody Conciliator ~(/ I" The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .. '~~Jr~ ~~"'P~_'P" ~ fo.ee.!} ~X. h _ rz~ ~~ r:~'ee.!> ~ r ?- ~ w,;.P9 eeJ-ce.!!> \l'7NV'.1}.\S\IA.,.., . ALNnoo n,~,Amo ~ . '" '<,:':;y'8Wno 8':1/ /.IV ':J;J "c. an'l cD ,{lJl.J10'" UV..L r~)H' >""}I /, ~, BOJj-i~....:;;/-il .:10 -.,v U::J il;/ AU:. J 0 Z002 CARRIE GIPE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CNIL ACTION- LAW IN CUSTODY WILLIAM GIPE, Defendant No, 02 - 227 CNIL TERM ORDER OF COURT AND NOW, this y) ~ day of Au) '-' So t ,2002, it is hereby ordered that: I I, The Order of Court dated July 17,2002 is vacated. 2, The Order of Court dated February 26, 2002 is reinstated, 3. The Motion for Contempt filed August 15, 2002 is dismissed, BY THE COURT, 1. cc: Daniel Pollock, Attorney for Plaintiff - (''f'y m ,;,1",( . Family Law Clinic, Attorneys for Defendant _ f""'JO~. dy ~Mn ViNVI\lASNN3d AJ.~,!nn~i (1~.,!t,l~tjl,3~.~~^Jn8 6 U : Ill;\! 0 S snv cO ~,bVl{,1i\:....:: "Ji~,.;:.:::! :::-;1 jO 3:J!::!:.lO-(]:Jl!::i CARRIE GIPE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION- LAW IN CUSTODY WILLIAM GIPE, Defendant No. 02 - 227 CIVIL TERM CUSTODY STIPULATION AND NOW comes Carrie Gipe (hereinafter Mother) by and through her counsel Daniel Pollock, Esq., and William Gipe (hereinafter Father) by and through his counsel, the Family Law Clinic, to stipulate that the Custody Order of February 26, 2002 be reinstated, the Custody Order of July 17, 2002 be vacated, and Plaintiff's Motion for Contempt be dismissed. Counsel for the parties aver: 1. An Order of Court was entered on February 26, 2002, with the consent of the parties, concerning the custody of their minor children, Victoria Leeanne Gipe, born July 15, 1990, Meariam Alicia Gipe, born September 1, 1992, and Susanna Lynn Gipe, born September 1, 1992. 2, On July 3, 2002, Plaintiff filed a Motion for Special Relief asking that Defendant's contact with the children be limited to supervised visitation. 3. On July 17,2002, the parties reached an Agreement which provided Defendant with periods of supervised visitation and temporarily suspended the Order of February 26, 2002. The Agreement was entered as an Order of Court, also dated July 17,2002. 4, In the Order of July 17, 2002, the parties agreed to reinstate the Order of February 26, 2002 upon Father obtaining a statement from his counselor that he is not a threat to himself or the children. Father obtained such a letter, which is attached and marked as Exhibit "A". 5. Pursuant to their Agreement, the parties request that the Order of July 17,2002 be vacated and that the Order of February 26, 2002 be reinstated, 6, On August 15, 2002, Plaintiff filed a Motion for Contempt, believing that Defendant had violated the Order of July 17, 2002. 7. Due to the fact that the Order of July 17, 2002 is being vacated, Plaintiff withdraws her Motion for Contempt. 8. The parties intend for the conciliation scheduled for September 10,2002 at 10:30 a,m. to be cancelled and for this Stipulation to resolve all issues raised in Motion for Contempt. 9. The parties intend for the Order of Court dated February 26, 2002 to supercede all other custody orders. WHEREFORE, counsel for the parties request that the Order of July 17,2002 be vacated, the Order of February 26, 2002 be reinstated, and Plaintiffs Motion for Contempt, filed August 15,2002, be dismissed, ~~'~ Jenn" r Heverly Certified Legal1ntem ~ (J)W Daniel Pollock, Esquire Attorney for Plaintiff 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7566 cA~~.~r~ THO PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys Attorneys for Defendant THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243- 2968 ROXBURY August 27, 2002 Ms. Jennifer Heverly Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 Dear Ms. Heverly: Re: William Gipe Please be advised your client, William Gipe, has signed a release giving me permission to provide a client progress report of his participation in Roxbury's treatment program and to offer my professional opinion regarding his current emotional stability. William indicates that in order for unsupervised visitation with his daughters to resume he needs written confirmation from his treatment provider of his level of functioning. Since he begin treatment on July 15th I have seen a dramatic improvement in William's emotional well being, most noticably evident in the alleviation of his depressive symptoms. William is maintaining his sobriety and attending AA meetings. He has a sponsor and a growing sober support network. In my judgment he is capable of resuming unsupervised visitation and at the present time he is not a threat to himself or his children, If you have any questions, please feel free to contact me at 249.5010. Sincerely, .!- f!o,bor~ Pam Rosborough, MS, LPC Outpatient Therapist Ex hi bit A . ~OI Roxbury Road. Shippensburg, PA 17257 . (717) 532-4217 VISit ROXBURY on the Internet at http://WWW.innernet.netjroxbury . ~ .., . 1.,) 2 :-o$'" rnt17 ;:-:r.r: <,c" C/) ..,. ;=5':;; ~C:'I ~c s:o c ;? ~ ~ + ~ ... I. . :"!:" ....: \'? c:- <"" a '" """ c- (,i5 w ,-- -) fit ,,';..:-1 l;:c ,r-/ C:;> ~(J.., --i:{< :.::,t;) "" ',''1 '--::1 15 -< CARRIE GIPE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION- LAW :IN CUSTODY WILLIAM GIPE, Defendant :No. 02-227 CIVIL TERM PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The petition of William Gipe (hereinafter "Father"), respectfully represents that on August 30, 2002 an Order of Court was entered reinstating the Order of Court dated February 26, 2002, for the Partial Custody of Victoria Gipe, born July 15, 1990, Meariam Gipe, born September 1, 1992, and Susanne Gipe, born September 1, 1992 (hereinafter "Children"). A true and correct copy of these Orders are attached. 2. The Order should be modified because: Father and Carrie Gipe (hereinafter Mother") should be entitled to reasonable telephone access with the children while the children are in the other parent's custody. Mother has a Temporary Protection From Abuse Order against Father, dated November 25,2002. The children are not protected in the Temporary Protection From Abuse Order. The Temporary Protection From Abuse Order allows for Father to have contact with the children "as the court may find necessary with respect to partial custody and/or visitation with the minor children." However, telephone access is not addressed in the current Custody Order. WHEREFORE, Petitioner requests that the Court modifY the existing Order for Partial Custody to allow for reasonable telephone contact because it will be in the best interest of the children. Date: A/D~ 10.3 c?/IJ ::ll)ai}(itXpJ Leah M. Da enport Certified Legal Intern ~~~~(j~ ROBERT E. RAINS LUCY JOHNSTON- WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 N. Pitt. St. Carlisle, P A 17013 717243-2968 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. DateY'~;< -~3 {j~ ~~Q William Gipe, Defendant o C 0::: -V \:1':; fl1r"n -/ .~-! ~5' .-r"~ ~.' ~C' :.;c;(' ..e:.- (-'~, j>~~ :3 " o c...) :.::00 ""''7 ;:0 N .-0 :x ~ :::> 0:> o -n --4 T:!J , .11'-' iTl Y C) -'"t -'c--r1 t_. ~)~__ "'/,0 ?~m ~ ~ ~ CARRIE GIPE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION- LAW :IN CUSTODY WILLIAM GIPE, Defendant :No. 02-227 CIVIL TERM PRAECIPE TO PROCEED IN FORJ.\lIA PAUPERIS Kindly allow William L. Gipe, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies in accordance with Pa.R.C.P. 240(d) that we believe the party is unable to pay the costs and that we are providing free legal service to the party. 4/6)4/03 Date rt~,Jf){l THO~ . PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys Attorneys for Defendant F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 g :;' ""U cr.1 ro rT' Z"" zf; (J? ~,., -<-" '2 c: ",,(., ~(~': C ~ CI W ~ -0 ;:..:l N .r;' - o -r1 ""j '> l)? o -1 ,~2 ._~~, 'l--i-' ,:"-C) {~-~~ (-) -".i,~_~ '.~.{ ,;:(') C>f\\ -..-\ -po ?Z v. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION- LAW :IN DIVORCE CARRIE GIPE, Plaintiff/ Respondent WILLIAM GIPE, Defendant/ Petitioner :No. 02-227 CIVIL TERM PETITION FOR ALIMONY AND EQUITABLE DISTRIBUTION AND NOW comes William Gipe, the defendant/petitioner in the above-captioned divorce action, by and through his attorneys, the Family Law Clinic, and sets forth the following petition for alimony and equitable distribution, pursuant to Pa.R.C.P. No. 1920.15(b): ALIMONY 1. On or about January 16,2002, the respondent, Carrie Gipe, filed a complaint in divorce. 2. Petitioner and respondent were married on November 21, 1989. 3. Petitioner is forty-nine years old and has significant medical problems, including depression, which interferes with his ability to work. 4. Petitioner is not gainfully employed, due to medical reasons. 5. Petitioner did not have a regular income during the parties' marriage. He worked sporadically, and spent most ofthe marriage as a homemaker, in accordance with plaintiff/respondent's wishes. 6. Petitioner does not have a college education or any other post-high school training. Petitioner is unable to read. 7. Respondent is employed and is financially able to provide for the reasonable needs ofthe petitioner. 8. Petitioner requires reasonable support to adequately maintain himself in accordance with the standard ofliving established during the marriage. 9. Respondent engaged in marital misconduct during the marriage. 10. Petitioner lacks sufficient property to provide for his reasonable needs and is unable to support himself through full-time employment. WHEREFORE, petitioner requests the court to enter an award of reasonable alimony, and such other relief as the Court deems just. EQUITABLE DISTRIBUTION 11. The parties have acquired marital assets and debts subject to equitable distribution under the Divorce Code, including, but not limited to the following: a) 1995 Dodge Shadow b) Retirement Benefits, including both pension plan and 401K plan c) 2001 Pennsylvania and Federal Income Tax Returns WHEREFORE, defendant/petitioner requests that this court equitably divide the marital property and debts between the parties and grant such other relief as the Court deems just. Respectfully submitted, Date~ /.:::t) /O~ ~r:l~ 1- ah M. D venport fJAflX Certified Legal Intern ~Q;ft-tJJIL Robert ams Lucy Johnston-Walsh SUPERVISING ATTORNEYS F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition for Alimony and Equitable Distribution are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. u)~d / William Gipe ~ Defendant/Petitioner Date: '1- ;J;;2 - 03 () c <" -r] i~t; [Dr]' ~~~. :$~ ~.' 1.._\. ~: ~.'. ~;t; ::'3 -, " o <...) o 11 :Si~ " ~ Tl :! lr~ d;q "'j ::'J ::: ~') '::.::. I 11 -j ~ -< :r:!* -0 -:::0 c..) o ~~:: C) r.:- C:) OJ. {)R7I CERTIFICATE OF SERVICE I, Leah M. Davenport, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of Petition for Alimony and Equitable Distribution on the following parties, by depositing a copy of the same in the United States mail, this 30th day of April, 2003: Markus McKnight, Esquire Irwin, McKnight & Hughes 60 W. Pomfret St. Carlisle, P A 17013 Daniel Pollock, Esquire 3105 Old Gettysburg Rd. Camp Hill, P A 17011 THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 (') c: ~~ ""Om !1l(;~ <.", i!&1~: rE;:S "::--... '-" ~c. "-- (- :J> ~~' ~::-.:.... -~: &:- c c..v ):... -0 ::.0 :-,\) a o "q .4../ r:l:.~; :.~..~-:' .; c.:) '~:{f .;~ /.. ~) :::s /"11 -?-::./ .:0 --..:- :J':1<. -"" -..... - a CARRIE GIPE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 02-227 CIVIL ACTION LAW WILLIAM GIPE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 30, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 22, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin2. FOR THE COURT, By: Isl Jacqueline M. Vemey, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Assodation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .. 'P~/1P~~~ r:~'I'> ~v"y?~~~kP ~ ~'~ t(/-I;F , ~r~~~~~ 0/-/:7 A1Nr~~~I:~~~Y./i.28~'~ . .~. ,) ""::'-( "in'" ...~', II \J l51 :c; lid i-A vu eo J LlI"l'll.'.,.. . ", AU _ )",'. '''I'.... "1':' :1 .~. :"~~~..'l_",~ ~J,".;.L JO ::Od:::!I-n:r:u -' - "--,,..::1 '::1 CARRIE GIPE Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 02-227 CIVIL ACTION - LAW WILLIAM GIPE, Defendant IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the plaintiff, CARRIE GIPE, in the above captioned case. By: Marcus 60 West omfret.... et Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff Date: May 14, 2003 CARRIE GIPE Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 02-227 CIVIL ACTION - LAW WILLIAM GIPE, Defendant IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, P A 17013 IRWIN, Me HT & HUGHES By: Date: May 14, 2003 (") r-" 0 C...:: c.> II .~. -z ." l"J (', : ':",,1 n'j " : ---:;.... - -: 4:.... ....... r--. u) -< r-' -"D :-~:....... " , i:~ (. 1'-) c_ '1:3 ;.:.~: :::> -:{ ~-J:J -, Ul -< CARRIE GIPE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION- LAW :IN CUSTODY WILLIAM GIPE, Defendant :No. 02-227 CIVIL TERM AGREEMENT TO MODIFY CUSTODY ORDER TIDS AGREEMENT, made this V~ay of VIA/I.JL, 2003, between plaintiff, Carrie Gipe (hereinafter "Mother"), and defendant, William Gipe (hereinafter "Father"), represented by their counsel, Marcus A McKnight, III, Esquire, for the plaintiff; and the Family Law Clinic for the defendant, concerns telephone contact with the children, Victoria Gipe, born July 15, 1990, Meariam Gipe, born September I, 1992, and Susanna Gipe, born September I, 1992 (hereinafter "Children"). WHEREAS, the Mother and Father desire to enter into an agreement as to the telephone contact with the Children, and have this agreement made an orde,r of court. Mother and Father agree to the following: I. The Order of Court, dated August 30, 2002, shall remain in effect. 2. Mother and Father shall be entitled to reasonable telephone access with the children while the children are in the other's custody. 3. Father shall be entitled to participate in parent-teacher conferences at the Children's school. 4. Father shall be allowed on the Children's school grounds for recitals, concerts, performances, etc, 5. The parties may modifY the provisions ofthis Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. 6, The parties intend to be bound by the terms of this Agreement and intend for this Agreement to be made an Order of Court. '~~ ' ~ ~ _~L William Gipe 1.~ () ~S~ Erin L. Benson Certified Legal Intern IRWIN, McKNIGHT & HUGES 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 15-~iLWJi rp1~ ,UJ alA.- Robert Rafns Thomas M. Place Lucy Johnston-Walsh SUPERVISING ATTORNEYS F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 ~ 0 ~ w C- '::1 "OGJ c;:: ~L:Q mU! :x: .11r, z"" N .'J "", "iJ~ Z'l~' U1 0 cn~> ~.,' ....\(" ;<C' -0 .: =H ::it .~--- ~C) '.5?? ~O .PC .. -I ~ N -;> ::n (.Tl -< JUN 2 Il ZO03 ~ CARRIE OIPE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v, :CIVIL ACTlON- LAW :IN CUSTODY WILLIAM OIPE, Defendant :No. 02-227 CIVil" TERM ORDER AND NOW, this~day of if U, L- , 2003, the attached agreement is approved and entered as an Order of Court, The attached agreement modifies the Order of Court, dated August 30, 2002. Th, 0""" of Coo"', d.... Angu", 30, 20ct2p full 'm' ~ti. 'P ~t ~~ "\'. t ViNV/i7ASNN3d )J.Nnoo C'!:/il!38iVno j , :Z f,/d I - lnr GO AtNJOru,..c,;, :dO 38tJ:lCHJj-iU '~'._~_m~' CARRIE GIPE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL VANIA v. :CIVIL ACTION- LAW :IN DIVORCE WILLIAM GIPE, Defendant :No. 02-227 CIVIL TERM DEFENDANT'S FIRST SET OF INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS DEFENDANT'S INTERROGATORIES Pursuant to Pennsylvania Rules of Civil Procedure 1930.5 and 4005, Defendant propounds the following Interrogatories on Plaintiff, which must be answered fully, under oath, within thirty (30) days of service hereof. If any Answer requires more space than follows the Interrogatory, attach the Answer(s) as an addendum hereto. 1. PENSIONS. RETIREMENT ACCOUNTS. PROFIT SHARING PLANS A. Do you have any interest in any kind of retirement account, profit sharing plan, or p,ension fund? B. If so, for each and every account, plan, or fund state: I. The name and description of each and every account, plan, or fund, including, but not limited to the type of account, plan, or fund (ie. defined benefit, defined contribution, etc:.); 2. The name and address of the custodian and/or administrator of each and every account, plan, or fund; 3. The name and address of the sponsor of each and every account, plan, or fimd; 4. The total amount of contributions made to each and every account, plan, or fund by you and/or on your behalf; 5. The amount of funds invested or contributed in each and every account, plan, or fund by you and/or on your behalf during the time of the marriage; 6. The present value of each and every account, plan, or fund, if different from tile amount contributed to the account, plan, or fund by you and/or on your behalf; 7. The date you first participated in each and every account, plan, or fund; 8. The date that you became or will become vested in each and every account, plan, or fund; 9. The amount of benefits receivable per month on retirement; 10. The amount of funds available to you and the method of obtaining them without retirement; II. The amount of funds from any of the foregoing accounts, plans, or funds that were disbursed both during the marriage andlor after January 2002, along with a description of how such funds were used. c. Identity all documents relating to the plaintitrs retirement accounts, profit sharing plans, andlor pensions from November 21, 1989 to the present, including, but not limited to, a copy of each and every account, plan, or fund and all statements relating to contributions and values. DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Rules 4009.11 and 4009.12 of the Pennsylvania Rules of Civil Procedure, you are requested to produce the documents listed herein for inspection and copying at the: Family Law Clinic, 45 North Pitt Street, Carlisle, Pennsylvania 17013, within thirty (30) days of service hereof. Designate the Request for Production to which each document is believed to be responsive. This Request for Production of Documents shall be deemed continuing, requiring supplemental responses as required under Pa. R.C.P. 4007.4. I. Any and all documents which provide verification of the infonnation requested in the foregoing Interrogatories, including but not limited to, a description of the plan, periodk notices, and all other relevant documents. Date: 3)3/ /04 I I Respectfully submitted, (1A1 i1,!~tt1<< /Yfl, ~'#J-- Christine M. Olexa Certified Legal Intern ~tJ&c OM LACE ANNE MACDONALD_FOX LUCY JOHNSTON-WALSH Supervising Attorneys THE F AMIL Y LA W CLINIC 45 NORTH PITT STREET CARLISLE, PA 17013 (717) 243-2968 FAX: (717)243-3639 Q :::;g 0 = .." "':- ::It --1 ):~ m::n ;;0 r- W "'t'Jrn 66 -I ~ :r::a q,") (':) _.'.. (5 f11 ~; ,...., ~ ):~ .. ,.., :.n C"l -< CARRIE GIPE, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION- LAW :IN DIVORCE WILLIAM GIPE, Defendant :No. 02-227 CIVIL TERM CERTIFICATE OF SERVICE I, Christine M. Olexa, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of the First Set ofInterrogatories on the following person by depositing copy of the same in the United States mail, First Class, postage prepaid on the 31st day of March 2004: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 1 ~ Christine M. Olexa Certified Legal Intern THE F AMIL Y LAW CLINIC 45 NORTH PITT STREET CARLISLE, P A 17013 (717) 243-2968 FAX: (717) 243-3639 ,.." = = .r- ::ll:: :.0.. ::0 W ~ :r nl,pg ;gEl g6 L. -,., b:D 70 arT1 --I )::>- ~.o -< ;;:.~ ::;x: w c,..., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Qa,;ro-ri e.. G:~e. Plaintiff File No. O;l- ~QI 0:1 vi I T c:.l' 'Y' IN DIVORCE Vs Wi IJi~M bip e Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by marking "x"] ~ prior to the entry of a Final Decree in Divorce, or _ after the entry of a Final Decree in DivOfCIl dated hereby elects to resume the prior surname of VOW' \ ~ t'\~ ' and gives this written notice avowing his I her intention pursu,., ~o the pr~vi . 'u.sJfS4 P.S. Y04. Date: ~ - /9-uL/ ~-l, J#{ , (J/ yY Signature (Ituw~ Signature of name being COMMONWFl\LTH O,F PENNSY~V ANIA ) COUNTY OF ~hif1ruod On the ~ay of (Jot 1 C;;u~ , 200~, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seaL OJ (LUck O. !3iLo, J-&L/ ProthonotaIY or Notary Public I NOTARIAL SEAL CLAUDIA ^ BREWBAKER. NOTARY PUBLIC Carlisle BarD. Cumberland County My Commission Expires April4. 2005 7'.J ~ ,-0 1L c:.~;) Cj c...'":::l -"II .c- o - C) V) L....) ~ p: ...{::, --1 >:::J .r:.- - is f' - CARRIE GIPE, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant. IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 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 baving 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 CARRIE GIPE, Plaintiff, v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant. IN DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Carrie (Gipe) Vogelsong, by and through her attorneys, Irwin, & McKnight, and files this Amended Complaint in Divorce against the Defendant, William Gipe, representing as follows: l. The Plaintiff is Carrie (Gipe) Vogelsong, an adult individual residing at 315 South High Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is William Gipe, an adult individual currently residing at Shenendoah Apartments, Apartment #303, 105 East Allen Street, Mechanicsburg, Pennsylvania 17055. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on November 21, 1989, and separated approximately April 8, 2002. 5. There were three (3) children born to this marriage, namely, Victoria Leeanne Gipe, born July 15,1990; Meariam Alicia Gipe, born September I, 1992; and Susanna Lynn Gipe, born September 1, 1992. 6. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. . 7. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. COUNT II - DIVORCE PURSUANT TO SECTION 3301(d) OF THE DIVORCE CODE 8. The averments of Paragraphs One (I) through Seven (7) are incorporated herein by reference as though fully set forth below. 9. Pursuant to the Divorce Code, Section 3301(d), the Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since on or about April 8, 2002. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: Marc A. McKnight, III, Esquire Attorn y for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court 1.0. No. 25476 Date: June 21, 2005 . VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. {biA <-'{ 1/( (~~t1 ) /JJoolJ1~ CARRIE M. (GIPE) VO ELSONG~' d Date: June 21, 2005 CARRIE GIPE, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant. IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. The parties to this action separated on or about April 8, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. of 4904 relating to unsworn falsification to authorities. Date: (~-;).I-05 - ~; ~-~, o ~- , ~ -' -~ r-> C? ~ ~~~ o -\1 :c:l ~,L-n rnp-.'-" rn \:-.) N r:-? 0" CARRIE GlPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - DIVORCE WILLIAM GlPE, Defendant : NO. 02-227 CIVIL TERM INVENTORY OF DEFENDANT. WILLIAM GIPE Defendant files the following inventory 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. Defendant verifies that the statements made in this inventory are true and correct, to the best of her knowledge, information, and belief. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Defendant reserves the right to correct and/or supplement this Inventory to the extent that he/she acquires additional information regarding assets and/or liabilities, r/'l.' it' Defendant, William Gipe ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) I. Real Property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities I ( ) II. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventories, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Defendant 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 2 1994 Dodge Shadow William Gipe Carrie Gipe 5 Checking Account with a $5.00 balance William Gipe 18 Defined benefit EDS Pension Plan. As ofJune 18,2004, as indicated in Plaintiffs Answers to Defendant's Interrogatories, Ms. Gipe contributed $4,686.89 to the plan, of which at least $2,760.22 was contributed during the marriage. The plan vested on June 14,2001. Carrie Gipe 2 NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property Reason for Exclusion PROPERTY TRANSFERRED Description of Property Date Of Transfer Consideration Person To Whom Transferred Item Number LIABILITIES Description of Property Names Of All Creditors Names Of All Debtors Item' Number Defendant reserves the right to correct and/or supplement this Inventory to the extent that he/she acquires additional information regarding assets and/or liabilities. 3 () c; ,..., C~-;::. C-":> W' - (5 -.;: \ co ~~ ~-" r\1fo:o,'. -nr" )-r' r::;' _o:~.~ > "':-';-', ;;"~~l~':\ '~'~~ ~~ '!? c...~ <..:1 CARRIE (GIPE) VOGELSONG, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2002-227 CIVIL TERM WILLIAM GIPE, Defendant CIVIL ACTION - LAW IN CUSTODY PETITION FOR SPECIAL EMERGENCY RELIEF AND NOW, this 20th day of April 2006, comes the Plaintiff /Petitioner, Carrie (Gipe) Vogelsong, by her attorneys, Irwin & McKnight, and makes the following Petition for Special Emergency Relief against the Defendant/Respondent, William Gipe: 1. The Petitioner is Carrie (Gipe) Vogelsong, an adult individual who resides at 315 South High Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Respondent is William Gipe, an adult individual whose address is Shenendoah Apartments, Apartment #303, 105 East Allen Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Petitioner filed a Complaint in Divorce under Section 3301(c) of the Divorce Code on January 16,2002, and amended on June 21,2005 under Section 3301(d) of the Divorce Code. A copy of said Complaints are attached here to and marked as Exhibit "A" and Exhibit "B". 4. The parties have been separated since January 16, 2002. 2 5. The Defendant, William Gipe, has been represented by the Family Law Clinic of the Dickinson School of Law since at least February 11, 2003. The file was transferred to Kathleen McKeown, Certified Legal Intern, on or about January 23,2006. A copy of her correspondence dated January 23, 2006, is marked as Exhibit "C". 6. On March 6, 2006, a new proposal was sent to the Defendant by means of a letter to his counsel. The parties reached an agreement to resolve the economic issues and complete the divorce in March of 2006. A copy of the letter dated March 9, 2006, is attached hereto and marked as Exhibit "D". 7. On March 27, 2006, the Marriage Settlement Agreement was hand delivered to counsel for the Defendant. A copy of said Agreement with attached letter is attached hereto and marked as Exhibit "E". 8. Believing the case to be resolved, the Plaintiff agreed to purchase a new home located at 138 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania 17013. A copy of the Agreement of Sale is attached hereto and marked as Exhibit "F". 9. The counsel for the Defendant, William Gipe, represents that he has refused to come into their office at 45 North Pitt Street, Carlisle, and refuses to sign any documents prepared to complete the divorce as well as the Marriage Settlement Agreement and has refused to communicate with his legal counsel. 3 10. Legal counsel for the Defendant represents that the economic tenns are acceptable but that the Defendant has not kept his appointments with his own legal counsel and refused all telephone calls from his legal counsel. 11. The Plaintiff seeks a brief hearing in order to determine whether the Defendant should be compelled to sign certain documents which will enable her to purchase a new home for herself and her three minor children; Victoria Leeanne Gipe, born July 15, 1990; Meariam Alicia Gipe, born September 1, 1992; and Sussanna Lynn Gipe, born September 1, 1992. 12. The Defendant's legal counsel have repeatedly reviewed and authorized the settlement documents to be signed and have repeatedly indicated that the Defendant has agreed to the economic tenns in order to complete the divorce. 13. If the Defendant continues to refuse to sign at least a Waiver of Interest in Real Estate in order for the Plaintiff to purchase the new home, the Plaintiff seeks payment from the Defendant of the following: A. All damages created by the loss of the real estate settlement scheduled for April 28, 2006; B. Reasonable legal fees in the amount of$450.00; C. Payment of any losses due to the real estate the Plaintiff seeks to purchase: and D. Any other relief deemed necessary by the Court. 4 WHEREFORE, the Petitioner, Carrie (Gipe) Vogelsong, respectfully requests this Honorable Court to schedule a brief hearing in order to determine whether the Defendant will sign the documents necessary to complete the divorce and enable the Plaintiff to purchase a new home for herself and her three children or providing any other relief deemed necessary by the Court. Respectfully submitted, IRWIN & McKNIGHT By: Marcus . McKni t, III, Esquire Attorney for Petitioner 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 Date: April 20, 2006 5 EXHIBIT" A" " IN THE COUR':" ,~ . 'H ~. COt1MON P::"EAS CF PE:~N:;YL V~t...~ IA CJ~EE~~~A>:-=j ,"',~',~~"!"!"~..- '-. ',' ~'.'; .. ... . Carrie Gipe t -\',.:- - -''7' ();;J-ddt ----------------- William Gipe ^'.',.,.... '- {~- - - NOTICE TO DEFEN~ AND CLAIM Ri~HTS ~ I,co. .. ,- , . ....:-} -.:.. :~: ::. ' ~ .- ~ .l; ';''..:. - .. - '.~::, ' ~ ~,::' I.~ t:~:.r:('; .::'r: :-'_1'"'c<::: >'<J. ,.... ~,~ '- u o _'...,L, "',::'.0", ::~ g,:::;.:. :", .1 ,~~ \ "-e,,; . ~ i I J.S3 ::L::3~. ",,-," r:' " ~ ~_ -' ~ .;' "". , -' ":' ,~,.' -' ~ . .,,~ ., -- - ~ - ',' .-+--:, ~~.:, ~,' ;-~'j, . J -,.., e. " r"; ~ f _.', J.." .." .-"... '.. ,r \' Wbe~ t~~ ~~:'~:: -' ~ '," ~ ~ "".: ~ _C I .~. ..;: - - --t=; - .; ;~'-:: '::, .:- " :~~ G . '........ ... .....1 ,'0, i ,.c,t.., ,-:'- -.. ,. ~ 3:.' ..;.':"::-:-.L'"': i , "_"~' . . _" ,A_ _, _ "'.' ~ ,',..' .'_ I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, ['IVISION OF' PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AN~UL~1ENT IS GRANTED, YOU ~illY LOSE THE RIGHT TO CLAIM ANY OF TEEM, YOU SHOULD TAKE THIS PAPER TO NOT HAVE A LAWYER OR CANNOT AFFORD OFFICE SET FORTH BELOW TO FIND A~.SISTANCE . YOUR LAWYER AT O~CE, IF YOU DO ONE, GO TC OR TELEPHONE THE OUT WHERE YOU CA~ GE7 LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA. 17013 TELE?HONE (717) 24S-31SS IN THE COURT OF COMMON PLEAS OF CC!'1BER:"ANS '=\Y:..7NTY, PENNSY2:.VANIA Carrie Gipe " ~::"~~:'~ Qf2::.~~_1,__ ____ _ f .~_ Will iam Gipe -'--;''7',=,,'''.'''''' ,'. ",..,.., AEEIDAYIT_QE_~ABEIAgE_QQllU~f~l~g ,- ' o ,-:::., - ....' ~', ~'l ",,7 ,.,.. :-(- - : ~ t', .::-. ;~' ,-- ."0 '.',' '~ ~. ,. - .. 7!_C' - ~ T ;In 't,~r'--J., ..::(' ;:.. J. ~ . ',,,<;;:' "' ~ ",",' ., ;' c "',V:;l ~ ' [f,e ( <'.l. '-"' :-:,.,::'-;' rig .._l.....; ,",=,_,,-J :, ~ ,-;"1- :r:y ::'='C':2~'::: r-:'::~ . ;:,::,J.- (;-. .;1..,.., ,... -.,_ .~,. .::.. ::d:- .~. :16 ::.::' ~,;'~: by .,... '.., .-....,- , - "'.' ~ ,'''' ;- :::; ;:', ,:'1 :.., - "to!'],:,,::' ,,~ ~. !:I ,';'; r." ~. '"': ,~, 'sLe '::'t=~;~:j 1 ti ':<:: ,- ,. , ;;:, H~,?:\.7.~'l'1} f.3.J_:::~~=-\--':'.."'.:"""" ~ ?,~; t..:--; ,:--:["" ~ "t', ~ >~- ~~. .JJU!l!.aLy___L~_____ . ., .-:, (~,~J!~~-- ~ ~ , s 7 e, IN TEE COURT OF C')tv~t10N PLEAS OF CUMEERLA.N:"; COUN':'Y: PENNSYL V~.NIA CarYle Gipe ,''.\ ~ \,,",,, - "':'''":' \~ Wil:iam Gipe "'T;:it:>J~} },.Hr, AND NOW, + . .~ , 1._ . "" L'.-" i~' . v,: ~': ..' ;,;? , " ~'2-~: . . +..... u:c~,~~t 1 y ,Qa__~?L1___ ... - .'. T .....'.-,.-" '......,~ - QQ~E~hltlI_l~_~IYQEg~ Ul.i. ,~. :~-"'" 1- :t:'-' ,~~ -.:t,' . : ~.l: '10' -::." "",,c, I: .1'-' ", ~ "- " ""..': :'";g ::.: to;; :,1 ". -:'r~. COUNT I DIVORCE ;~::.:'-.::.-:. i_ c !.<-':';::' .) :... ~';" " ~ ,-. :~ L'" ~ .J T" C"- -j": Carlisle, Pa, 17013. Cumberland County .., ~. . i, .:-:-,'" + t\(-ldr"' t':':i{ib',::r' 3. I''''," -::':ai~(t:f:f 1,' :..c,d :~""]lC 4. "'1 HJ ~J .:::;1 r; + ': "'f .'...c..'" :-- ;; :' 3. 2. -+ ~ .,' immediately '" v,," - '''''1. " " ...:" The L,",- "b r.~.' ~ ": _~ ,.\ - ~._- - -,.... . S'IJ 7""',-i-.. '\~ :J' . -~ ~ ;~ ...~. .',~. " .' L;' ll" T- r. . r', ~ ,] r, 't~ ~i 1-) (. (' ,:..,:"; ! ~'.,. ~ .. '_c._, ],:,',:::n..,::j, ...:"::t +' ~ .1 -, '.,~ .- ~~ :L.:: :.11 .::1 .. er:::-.:::./ _','";, r l~ ~ ~ '::. '/1 C' .0:'-;; ~'~':-j. := ':::::"'~_'r~ _.\ ~ ~ '"\" "",' " ~ 90th the Plaintiff and t.he Defenda~t are COUN~ =: : JIVCRCE =~J=~IiJNITI~S UPON THE PE:RSC:N 9. Paragraphs 1-8 are incorporated by refere~~e. ~O, Ttroc:ghout William Gipe :-~a5 UpC:l her and her the course (If their ~arri2ge a~~ C,~h3~itG~ion subjected Carrie Gipe ~o thre3~S of viole~ce farni~y in order to keep ier frc'~ leavi~g 11 . Througho<Jt William Gipe has of Carrie Gipe partiCIJJ.ar manner. the c.ourse of tlsec: unwelcome in order to their marriage and cohabitaticiL physical force against tIle person coerce her into behaving in a 12, William marital home Gipe has repeatedly used Alcohol against the wishes of Carrie Gipe. t':J e};-:.:eS2 i" 7.,be 13. William Gipe has often destroyed the Ferso~a~ anc marital property of Carrie Gipe while intoxicated. 14. William Gipe has been intoxicated as often a3 not d~ring the past 6 months. 15. These above ment10nec person of Carrie Gipe, condition intolerable. behavi ors ,smount maki~g her life to incig~ities to ::uY'de:-:scme 2:lC. t,he her Wherefore Divorce should be gra~ted t.o C2r1~:.e Gipe c,:} grounds of Indignities to the person. under 23 Fa. C.S. a(1)(S) t.he "f") r, 1 :;....' 1..'..... WHEREFORE 'T"-'. : (:t~ f"~ :-';;-',~ ,;:: ;.::' ~., Cl~ :; .~ r :;T;? -l~, .~ "- -- ~ ,~ - , - .:..' ..;..,. ~ ~, ,,' <' , co ,"Ce_ v. ,-~ ._ '.' 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'-'. ty-.::.t, ,,~;;;o '~':,~: 1. : Fl.,. -i T " ":"'-1. 'i ~. ;-~',;::: , 1'_- .', - ~ ", " ~, ::' (:' ~ -:"_::~~ " , -.:. ..1-1.'':::' :.1 l!'~ . , -,,.,. .. .'+ ..; ,. , ," -: , ','" C' , - ]' ,::. ~j '- ,;::. g ,:~ .-;; . . '-., c, ;:.:;-/ ,~~ ':="::' t,. .- ~.J2~ - 'C". .. 1,\ T' :.\r:,: ~ .'. 1-. ~, ~ ,_"~':':".;.'::C-:" ~ the; :-,c ";- ~ -::.' ;: ; :-,.-- ." "fi2:-l- ;..{ i n2 4 C':C4 ~ ~" , ~~li., bleDQ -.:~ ~~'r.-; 0 ;" ..... ;"~;r-~~-.';.";";' c:.:,;,; ,:; "j.' r,:;' ~. ~- ~~, 2. '"' - ~."' ~ ';c, ~ C! __-:fu A ~ ~ '-;:"' ~~- . ~ . .... ' .n , , EXHIBIT "B" CARRIE GIPE, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant. IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. c;' ::0" 0 Z...; -'01 c_ --\ ~~ "Jd c... -n ~ ,. '--~) Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 1'.) C) N .1::::- AMERICANS WITH DISABILITIES c' 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 CARRIE GIPE, Plaintiff, v. CIVIL ACTION - LAW 2002-227 CIVIL TERi.'VI WILLIAM GIPE, Defendant. IN DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Carrie (Gipe) Vogelsong, by and through her attorneys, Irwin, & McKnight, and files this Amended Complaint in Divorce against the Defendant, William Gipe, representing as follows: 1. The Plaintiff is Carrie (Gipe) Vogelsong, an adult individual residing at 315 South High Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is William Gipe, an adult individual currently residing at Shenendoah Apartments, Apartment #303, 105 East Allen Street, Mechanicsburg, Pennsylvania 17055. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on November 21,1989, and separated approximately April 8, 2002. 5. There were three (3) children born to this marriage, namely, Victoria Leeanne Gipe, born July 15,1990; Meariam Alicia Gipe, born September I, 1992; and Susanna Lynn Gipe, born September 1,1992. 6. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. COUNT II - DIVORCE PURSUANT TO SECTION 3301(d) OF THE DIVORCE CODE 8. The averments of Paragraphs One (1) through Seven (7) are incorporated herein by reference as though fully set forth below. 9. Pursuant to the Divorce Code, Section 3301(d), the Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since on or about April 8, 2002. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: Marc A. McKnight, III, Esquire Attorney for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court 1.0. No. 25476 Date: June 21, 2005 '. VERIFICA nON The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities, Date: June 21, 2005 " CARRIE GIPE, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W 2002-227 CIVIL TERM WILLIAM GIPE, Defendant. IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330l( d) OF THE DIVORCE CODE 1. The parties to this action separated on or about April 8, 2002, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken, 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, c.s, of 4904 relating to unsworn falsification to authorities. Date: (..;2 1- ()::5 ., EXHIBIT "C" PENNSTATE ~ The Dickinson . School of Law family Law Clinic The Dale F. Shughart Community L~w Center 45 North Pitt Street Carlisle. PA 170 I 3 Office: 717-243-29f18 or 717-24.1-8034 fax: 717-243<HiW A service to the community by students from The Dickinson School of Law of The Pennsylvania State University January 23,2006 Marcus A. McKnight, Esq. Irwin & McKnight 60 West Pomfret Street Carlisle, P A 17013 ~~~~ Uw [t[ffi JAN 2 6 2001: Re: Transfer of Case Carrie Gipe v. William Gipe Case No. 02-227 1 .' ...:.\. ""'j '~TI1' 'v"!' r:, !'J ! ,- ' ~ . -'- -- _....... ..;. '-",.( Dear Mr. McKnight: Thank you for your letter of January 4, 2006, Since Jessica Bowman has completed her two semesters at the Family Law Clinic, this case has been transferrcd to mc, It is my hope that we may conclude this matter shortly. Your offer of November 18,2005, was forwarded to Mr. Gipc, and we are awaiting his response. I am trying to get in touch with him. Please do not hesitate to contact me should you have any questions or concerns. I am available on Mondays and Wcdnesdays from 8:00 a.m. to 12:00 p.m, and on Thursdays from 2:00 p.m. to 5:00 p,m. Very truly yours, ,>fJtL111!1~ Kathleen N, McKeown ~.-.e= Certified Legal Intern Cc: William Gipe The Dickinson School of Law of The Pennsylvania State University An Ellll<ll Opportunity UniversilY EXHIBIT "D" " LA W OFFICES IRWIN & McKNIGHT ROGER B.IRWIN MARCUS A. McKNIGHT. 11/ DOUGLAS G. MILLER MATTHEW A, McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60WESTPOMFRETSTREET CARLISLE. PENNSYLVANIA 17013,3222 (717) 249-2353 FAX (717) 249,6354 WWW./MHLAW.COM HAROLDS. ERWIN (/925-1977) HAROLD S. IR WIN. JR. (/954-/986) IRWIN, IRWIN &: IRWIN (/956-/986) IRWIN, IRWIN &'McKNIGF-rT (/986-1994) IRWIN, McKNIGHT &: HUGHES (1994-2003) IRWIN & McKNIGHT (1003- ) March 9, 2006 KATHLEEN N. McKEOWN, CERTIFIED LEGAL INTERN FAMIL Y LAW CLINIC 45 NORTH PITT STREET CARLISLE, PA 17013 RE: GIPE v. GIPE SETTLEMENT OFFER FILE COpy Dear Ms. McKeown: Please be advised that I forwarded a copy of your letter dated March 1, 2006 to my client and have had a chance to discuss it with her. The value of Carrie's pension during her marriage was $2,760.22. Carrie is willing to give your client, William Gipe, a credit on his child support in the amount of$I,380.00. Carrie also needs the title to her car signed over to her by Mr. Gipe. She is willing to give him an additional credit of $250.00 upon his signing over the title to her. The total credit to be applied to the current child support arrearages would be $1,630.00. Please review this proposal with your client and let me know if we have an agreement for the settlement of this case. Very truly yours, MAM:sls cc: Ms. Carrie M.Vogelsong EXHIBIT "E" '. '. LA W OFFICES IRWIN & McKNIGHT ROGER B. IRWIN MARCUS A. McKNIGHT. III DOUGIAS G. MIllER MAlTHEW A. McKNIGHT WEST PW,fFRET PROFESSIONAL BUILDING 60 WEST PO,HFRET STREET CARLISLE, PENl'v'SYLVANIA I70I3~3222 (717) 249,2353 nx (717) 249,6354 WWWI.-'rfHLAWCOM HAROl.D S_ !RwrN' ! 19;5-/'177) HAROLD S !RWIN, JR (J\l5J.19H(j) IRWIN. IRWIN & IRWIN (/950.1980) !RWIN, IRWIN & J1cKNIGHT (19M-199.J) IRWfN. ,'"kKNIGHT &HUGHE5 11994-20031 tRWIA' & JfcKN!GHT (2003" ) March 27, 2006 Via Facsimile Transmission (243-3639) and Rel!ular Mail fILE COpy KATHLEEN N. McKEOWN CERTIFIED LEGAL INTERN F AMIL Y LAW CLINIC 45 NORTH PITT STREET CARLISLE, PA 17013 RE: GIPE v. GIPE Dear Ms. McKeown: I have personally delivered to you today Consents to the divorce for your client to sign, the Marriage Settlement Agreement which my client has signed, the Acceptance of Service of the Complaint, and a Waiver for the purchase of a new home. I need at least the Waiver signed by Tuesday, March 28, 2006. Please let me know if you are able to have Mr. Gipe sign that document tomorrow. If he signs the other documents, I will complete the divorce this week. Please call me regarding this matter. Very tml y yours, 7t7:t~ MAM:m1n cc: Ms. Carrie M,Vogelsong , '. '. MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this:Jd, 'l\J, day of March 2006 by and between CARRIE (GIPE) VOGELSONG, (hereinafter referred to as "WIFE") and WILLIAM GIPE, hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on November 21, 1989, in Harrisburg, Dauphin County, Pennsylvania. WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2002-227 Civil Term on January 16, 2002. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties ofthe parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party, It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. " 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as ofthe date of execution. 2 '. . . 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The parties do not own real property. 3 . . 8. DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely responsible for her debts. HUSBAND will indemnifY and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnifY and hold hannless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree that neither party will seek spousal support or alimony. 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts and any life insurance policies in his name; c. His employee benefits and retirement; d. Payment of$I,380.00 credit on Husband's child support arrearages in lieu of Wife's pension valued at $2,760.22; and e. Payment of$250.00 credit on Husband's child support arrearages in lieu of Wife's pension valued at $2,760.22. This amount will be paid to Husband upon Husband signing title of 1994 Dodge Shadow over to Wife. WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts and any life insurance policies in her name; and c. Her employee benefits and retirement. 4 . . The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. II. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the 1994 Dodge Shadow in possession of the WIFE. HUSBAND agrees to sign over the title to WIFE upon HUSBAND receiving a child support credit of$250.00. b. WIFE agrees to waive any and all interest which she may have in the automobile in possession of HUSBAND. They each waive any claim which they have in any automobile owned by the other party. 12. INSURANCE and EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE 5 '. . waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. IS. BREACH: If either party breaches any provisions of this Agreement, the other party should 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 contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 6 '11 '-,. 17. 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, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 18. 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. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 7 ... 22. WAIVER OF CLAIMS AGAINST EST A TES: 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 ofthe other as a result of the marital relationship, including without limitation, dower, courtesy, 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, and 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: (SEAL) (SEAL) WILLIAM GIPE 8 .. '. COMMONWEAL TH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this.:ld-"J. day OfjOJrrJ----, 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and c~mberland, CARRIE VOGELSONG, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. TH OF PENNSYLVANIA NclafIBI Se8I MIrIlI L. Noel. NoIary Nlic CIlIIIIlIcnl, ~.d ColIIly ~ ~...;IwL.., ""'*- SIp!. 18. 2007 !.Wnw, "'nnoyl..n~ AOocetlflon 01 NOl8rfeo COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this _ day of , 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, WILLIAM GIPE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 9 .. > EXHIBIT "F" ... .. STANDARD AGREEMENT FOR THE SALE OF REAL ESTATE This fbn:n ~ded omd approved fOl', bat aotn:5Iric:fcd ro l.l# by.ttleman'hcnQ(the PtnfLByiva1l4 A$scciatioo orltSAL.TORS>iI (I'A.R.). A1S.R SELLER'S BUSINESS lU:LA TlONSHIP WITH P A LICENSED BROKER BROKER (COlDpaDY) Re/Max Realty Associates PHONE 717.761.6300 ADDRESS 3425 MarbtStreetCamp Hill 17011 FAX 717.761-1455 LICENSEE(S) Jamie Frv .____DosigaAt.d All"'t ll?l V" 0 No BROKER IS THE AGENT FOll. SELLER. OR (if e~.d",d below): ll.....' Is NOT tile A~CD[ Tor Seller a.d ;s .I.D: 0 AGENT FOR BuYER 0 TRANSACTION LlCENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER (Comp'DY)' RelMa~ Realty Associates PRONE 717.761.6300 ADDRESS 3425 Market Street Camo Hill 17011 FAX 717.761.1455 LlCENSEE(S) Jamie Frv Desig1l.ted Ag... 0 Yes 0 N. BROKER IS THE AGENT FOR BmR. OR (if cbec:J<cd below): B..ktr if NOT lb. Agtot for !llIYer .od ;s alaD: 0 AGEl'lT FOil. SELLER ll?l SUBAGENT FOil SELLER 0 TIU.."SACIlON UCENSEE 'WlIeb the sallie Brola:r is Agear tor Seller and Ageot for Buyer, Brokc.r is a Db'" Agan_ AU otBrolttr's licensees .Ire also Da..r Ageau UNLESS tbcrc are separate DClIign:lted A:cnts for Buyer- and Seller. U the Santt Licensee rs desigDt.ted for SelJer and Boyer, tile IJc:rpJt.e is a Dual Agent. 1. ~i5 agrftttttnt, dated SELLER(S): 2 3 " S G 1 8 2. . 18 11 12 13 14 J. 15 15 17 18 19 2ll 21 Z1 a 24 25 25 71 25 29 38 31 32 3J 34 35 36 37 38 3!l .8 Mard114lh 2006 Jaime M. Rohrtlauah , isbctwnn l aUed ~SeUc,...,'" Iud Bun:R(S): Micl1ael P. Harris and Came M Voaelsong . . .' called "Buyer." PROPERTY (9-05) ScUer hereby 2grees'~io "II and convey to B\lyCf', wbo hereby 3grees to purcbllSl::: ALL THAT CERTAIN Jot or piccr o(groand witb buildings aDd IlIIprcvc.meaU thereon erected, if aDY, knOll'D .18: 138 W. G_n Street in tile BorouQh of Mechanicsbura I ia the Commoawulth ofPeDuyhranb. Ideatitiution (e.g., T..,. ID Ni PIrct:1 if; 17055 Connty Df Cumberland Lo~ Block; Deed Book, Pog.. Recording Date): TERMS ('-05) (A) r.rdwe Pri,e l'\U. -'n,m.A.td.. +-'ni flr -Co... (' -\-Yv"U&CI"l J ;1,\\, coO u.s. Dollars, wbleb ...m be p"id to Seller by !luyer .. follows: L Cash or cbeck at ,ia-inS this Agr......t 2. Cash or check within _ days of the ...cution of this Agr..mcn~ ). 4. 500 (G) PiIJ'IIIeDI of lr1IDSfcr taXes will be divided equally betwo.. Buyer 3I1d Seller llIIless otherwise stated here; _ . (llJ At tilD< ofsetrlemell~ !he foUowing will be adjusted pro-ral' ou . daily basis between Buyer and Soller, reimbumog where "PPlicobk """en' tm;c:s (see Infotroation. Regarding Real E.~ Taxes); ze:nts; interest on. mortgage assumptions; condomiI1iwn fets and homcowne:r associc.tion f..., w"", andlar sewer fees, togother with "'Y olhor licoable municipal service. AU e!wge, will be pro-rared for the period(s) COVOl'd. Seller v.-ill pay up to and including ttlt. d'3te Dr settlement and Buyer will pay for :3.11 days fol1owi11g selIIemCflc" uuless othetWi$C stated ~: ~ " Buyedo;,",": X /JIll (filA A 7 AlS.R Page 1 ono S.lIer rain''': _ R'1ised 9/05 tR peansyty....ia A.ssoclatlon. of COl"YRlctrr PI:NN$'Yt. VANIA ASSOClA nON 0)1" R~A.L TORS IiIzDo5 ~~ - ""'.....___.ao__ Fonn genarated by: TrueFonns'" www.TruerCrft15_COm 800-499.9612 .,. VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: April 20, 2006 4 ~ .' .. CARRIE (GIPE) VOGELSONG, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. 2002-227 CIVIL TERM WILLIAM GIPE, Defendant CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: William Martin, Esq. Kathleen McKeown, Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 IRWIN & McKNIGHT By: Marcu A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court LD. No. 25476 Date: April 20, 2006 7 ~ ~ \]', ~-~j f"'\\ -,1 ~ 1\.,. -' c ) c; r--.,\ '- ~,'V r;:- or'. .~ .J '1-1 \ \:'... .'" , 'J\'\ . I r'~.", \; ;, ..) ~ 'jJ A fy RFr"-r-l'.'E"fj'! A~~~J ;"'u ;~O~. - I InY;~ c/". I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CARRIE (GIPE) VOGELSONG, Plaintiffs v. 2002-227 CIVIL TERM WILLIAM G1PE, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this Z. ilL day of ,4 f r: I , 2006, upon consideration of the attached Petition for Special Emergency Relief, a hearing is hereby scheduled for ('-jYU~6 ,J 7 , 2006, in Courtroom No. / ,at 3, / ~ o'clock -f2-.M., Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. By: vi1arcus A. McKnight, III, Esq. Attorney for Plaintiff/Petitioner ~illiam Martin, Esq., Family Law Clinic Kathleen McKeown, Certified Legal Intern, Family Law Clinic Attorney for DefendantlRespondent \ $) ~$ ~~ () J~uJ! '-,1d~/ .AP~ r'~ 4/d-'j/(Jt .~ ..1 ...' .'-;-. "-' o ?- - d- J-7 U Vi I 1 e '1'1.... MARRJAGE SETTLEMENT AGREEMENT THIS AGREEMENT made thisd,2 nc/ day of March 2006 by and between CARRIE (GIPE) VOGELSONG, (hereinafter referred to as "WIFE") and WILLIAM GIPE, hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on November 21, 1989, in Harrisburg, Dauphin County, Pennsylvania. WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2002-227 Civil Term on January 16,2002. The parties hereto agree and covenant as follows: L The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with duc regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 S. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: The parties do not own real property. 3 8. DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely responsible for her debts. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree that neither party will seek spousal support or alimony. 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts and any life insurance policies in his name; c. His employee benefits and retirement; d. Payment of$I,380.00 credit on Husband's child support arrearages in lieu of Wife's pension valued at $2,760.22; and e. Payment of $250.00 credit on Husband's child support arrearages upon Husband signing title of 1994 Dodge Shadow over to Wife. WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts and any life insurance policies in her name; and c. Her employee benefits and retirement 4 The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the 1994 Dodge Shadow in possession of the WIFE. HUSBAND agrees to sign over the title to WIFE upon HUSBAND receiving a child support credit of $250.00. b. WIFE agrees to waive any and all interest which she may have in the automobile in possession of HUSBAND. They each waive any claim which they have in any automobile owned by the other party. 12. INSURANCE and EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE 5 waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. ]4. DIVORCE: The parties both agree to cooperate with each other in obtaining a final di vorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shaU pay all the costs and legal fees of the party who is seeking the divorce. ]5. BREACH: If either party breaches any provisions of this Agreement, the other party should 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 contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement ]6. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement 6 17. 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, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 18. 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. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 7 22. WAIVER 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 ofthe marital relationship, including without limitation, dower, courtesy, 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, and 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: 1JfJ!Jr~~ (SEAL) yMcu /K .y/v11.</",L.H / (J.l~ of, 9&}zQ , (SEAL) WILLIAM GIPE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND ntd--.' ;) PERSONALLY APPEARED BEFORE ME, this ~ day ofGj; a?', l?L,...2006, a Notary Public, in and for the Commonwealth of Pennsylvania of Cumberland, 8 CARRIE VOGELSONG, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set m~ hr;~? O(~ICial seal. COM '/ I V ' , ~~~ 'I / Martha L Noel. NoIaIy Public L..-/) , I ",, Ca~isIe Born. Cumtleltand County My Commission Expires Sepl18, 2007 Member, Pennsy'vani~ Association Of Notaries COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this~day of ~/7"-:;;.t ,2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, WILLIAM GIPE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that hc executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. o! ~4 /77, /.?Z~-~ NOTARIAL SEAL 'I lINOA M, CARVER, NOTARY PUBLIC ! CARLISLE BORO" CUMBERLAND COUNTY MY COMMISSION EXPIRES OEC, 5."J"''" 9 ~../ "'" : IN THE COURT OF COMMON PLEAS OF CARRIE GlPE, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002 - 227 CIVIL TERM WILLIAM GIPE, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, WILLIAM GIPE, the defendant in the above-captioned divorce action, hereby verify that I accepted service of the Complaint in Divorce filed under 23 Pa. C.S. Section 3301 a (1)(6) of the Divorce Code on January 16, 2002. U~eJ~HQ WILLIAM GIPE :/ Date: 1%!)(~ ..... COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the 2& -I~ay of 4-l't?' 2006, before me, the undersigned officer, personally appeared WILLIAM GIPE, known to me to be the person whose Dame is subscribed to the above instrument and acknowledge that he executed same for the purposes therein contained. , HOT ARIAL SEAL LINDA M. CARVER, NOT AR CARLISLE BORO" CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC, 5 ,006 ~ //? L~ Notary Public CARRIE GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifY that the statements made in this affidavit are true and correct I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: .4'/1'[ ,fl. ,.2ool., , l. CARRIE (GIPE) VOGELS Plaintiff CARRIE GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT l. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 16, 2002 and amended on June 21, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim thern before a divorce is granted. I verify that the statements made in this affidavit are true and correct I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: Af1,L .;)(,/ ';'00 {, CARRIE GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 16, 2002 and amended on June 21, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: Lf/OiP lor; I ( LJ),tL ~ j , h;~ fL' WILLIAM GIPE Defendant CARRIE GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: A;'?'/lJ-- ,)&, aooL, (I;' . G ~ J/." ,(ll(&n, ~k' L /1jt (/ (~ CARRIE ( E) VO LSONG Plaintiff -., CARRIE GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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 in 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 veritY that the statements made in this affidavit are true and correct I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1/-/2&Io/:; I I ir~ r'I R?a WILLIAM GIPE Defendant CARRIE GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The Defendant, being duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 0/-( de., JOb [ )'a~ vJ~ "'- 'AJ/Y7J dZ r.z ~LIA GIPE Defendant v...'" '.\ ,.-" CARRIE GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-227 CIVIL TERM WILLIAM GIPE, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: L Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served on the Defendant, William Gipe, on or about January 16, 2002 by personal service. The Amended Complaint in Divorce Pursuant to Sections 3301 (c) and 3301(d) of the Divorce Code with Notice and Affidavit and Counter- Affidavit was served upon the defendant, William Gipe, on June 29, 2005, by personal service, at Shenendoah Apartments, Apartment #303,105 East Allen Street, Mechanicsburg, Pennsylvania, 17055. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: April 26, 2006; by the defendant: April 26, 2006 (b )(1) Date of execution of the affidavit required by Section 330 I (d) of the Divorce Code: Date of Execution: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 27, 2006 Date defendant's Waiver of Notice in Section 3301(c) Prothonotary: April 27, 2006 A. igbt, OI, Esquire y for Plaintiff Date April 27, 2006 ... CARRIE (GIPE) VOGELSONG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. 2002-227 CIVIL TERM WILLIAM GIPE, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR SPECIAL EMERGENCY RELIEF AND NOW, this 27th day of April 2006, comes the Petitioner/Plaintiff, Carrie (Gipe) Vogelsong, by her attorneys, Irwin & McKnight and makes this Praecipe to Withdraw the Petition for Special Emergency Relief dated April 20, 2006, as follows: L On April 26, 2006, the Respondent/Defendant, William Gipe, complied by signing documents required to compete the divorce including the Marriage Settlement Agreement 2. The Hearing for Special Emergency Relief set for April 27, 2006, at 3:15 p.m. before the Honorable J. Wesley Oler, Jr. is no longer required and is hereby withdrawn by Carrie (Gipe) Vogelsong, the PetitionerlPlaintiff. Respectfully submitted, By: or Petitioner/Plaintiff Date: April 27, 2006 . , ... CARRIE (GlPE) VOGELSONG, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. 2002-227 CIVIL TERM WILLIAM GIPE, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certifY that a copy of attached Praecipe was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: William Martin, Esq. Kathleen McKeown, Certified Legal Intern Family Law Clinic The Dale F. Shughart Community Law Center 45 North Pitt Street Carlisle, P A 17013 mwrn ~:t: By: Marcu A. McKn III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court 1.0. No. 25476 Date: April 27, 2006 .1 1 .,.,.'" '" '" '" '" '" '" "'''''''''''''''' '" '" "'''''''''''''''' '" '" IN THE COURT OF COMMON PLEAS '" Ef. '" Ef. Ef. '" Ef. ;t; OF CUMBERLAND COUNTY Ef. STATE OF Ef. Ef. Ef. CARRIE GIPE. Ef. ;t; '" ;t; Ef. '" PLAINTIFF VERSUS ;t; '" WILLIAM GIPE. Ef. '" Ef. '" DEFENDANT Ef. AND NOW, DECREED THAT AND PENNA. No. 2002-227 CIVIL TERM DECREE IN DIVORCE Ef. '" Ef. Ef. Ef. Ef. Ef. '" Ef. '" '" Ef. Ef. Ef. '" Ef. '" (Y] ?l IJ , bo~, IT IS ORDERED AND CARRIE GIPE '" Ef. , PLAI NTI FF, WILLIAM GIPE , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Ef. '" '" Ef. Ef. Ef. '" Ef. Ef. '" '" Ef. Ef. Ef. '" Ef. Ef. Ef. Ef. The Marriage Settlement Agreement dated March 22, 2006, and signed by the parties is hereby incorporated into this Divorce Decree, but not merged. Ef. ATT T: J. <~~~;rPROTHONOTARY Ef.Ef. Ef. Ef.Ef. Ef.Ef. Ef. Ef.Ef.Ef.Ef.Ef.Ef. Ef. Ef.;t;;t;Ef. ~!Vr? ~ ~~ ~r?' 01 ~> ~;g' p:z ~ ~ -/'9 'JCl . III -? , , " .. " , 4lI '. .~ ,101 . ." '. '. ,#. ~ " ;l ......" . . .....'\ ~ ,-. ,-.,