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HomeMy WebLinkAbout12-5813BEVERLY DIANE RYDMAN Plaintiff JAMES M. DECOSTER Defendant ? T f cz) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 5813 : Civil Term NOTICE TO DEFEND 20 12 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR P40PERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1.800.990-9108 717-249-3166 A 4103 .15 PD AnY 0* 15* p-* aso%3 BEVEnY DIANE RYDMAN ; IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JAMES DECOSTER No 20 12 Defendant : Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR P$OPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 BEVERLY DIANE RYDMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA JONAI HAN DECOSTER No. 20 12 Defendant : Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOP AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR iOTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOS' HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SEA' FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania Beverly Diane Rydman, Plaintiff V. No. 2012- Civil James M. DeCoster, James DeCoster and Jonathann DeCoster Defendants Action to Set Aside Fraudulent Transfers COMPLAINT AND NOW comes the plaintiff, Beverly Diane Rydman, by and through her attorneys, Flower; Law, LLC, and avers the following: 1. The plaintiff is Beverly Diane Rydman ("Plaintiff'), an adult individual residing at 103 Ngrth Pitt Street, Apt. C, Carlisle Borough, Cumberland County, Pennsylvania. 2. The defendants are James M. DeCoster, an adult individual residing at 161 West Louther Street, Carlisle Borough, Cumberland County, Pennsylvania, James DeCoster, an adult individual residing at 2705 37" Place East, Apt. 109, Tuscalbosa, AL 35405, and Jonathan DeCoster, an adult individual residing at 246 S. Huntington Ave., Apt 1, Jamaica Plain, MA 02130. 3. James DeCoster and Jonathan DeCoster are the sons of James M. DeCoster. 4. On August 15, 2008, James M. DeCoster, in an act of drunken carelessness, and without justification, shot the Plaintiff in the abdomen with a handgun, and thereby caused Plaintiff to suffer grievous harm. 5. James M. DeCoster's said wrongful act, and the Plaintiff's resulting injury, gave rise to Plaintiffs claim in tort for compensatory damages. (C.P. Cumberland No. 2010-4862 Civil.)' 6. In consequence, as of August 15, 2008 the Plaintiff had a "claim" and was therefore a "creditor" and Defendant James M. DeCoster was a "debtor" as these terms are defined at 52 Pa. C.S.A. Section 5101(b) ("Fraudulent Transfers - Definitions"). 7. On September 26, 2008, James M. DeCoster executed two irrevocable trust agreements or deeds of trust, whereby he appointed his sons, the defendants James DeCoster and Jonathan DeCoster as trustees, one trust for the benefit of James M. DeCoster's daughter and one trust for the benefit of James M. Decoster and his said sons. 8. By two deeds executed by him on October 17, 2008, James M. DeCoster conveyed to his sops, James DeCoster and Jonathan DeCoster, as trustees of the aforesaid trusts, for no valuable consideration, two parcels of real estate owned by him in the Borough of Carlisle, known as 161 W. Louther Street and 261 Walnut Street. (See attached deeds.) 9. Both conveyances were made with the actual intent to defraud, for the specific purpose of protecting James M. DeCoster's assets from execution on a judgment for Plaintiff's claim. WHEREFORE, Plaintiff prays this Court issue a Decree to avoid and set aside the above described conveyances of October 17, 2008, as fraudulent transfers under 52 Pa. C.S.A. Section 5101, et seq. Respectfully submitted, FLOWER LAW, LLC Dated; /.7-- By: Thomas E. Flower S. Ct. #83993 FLOWER LAW, LLC 10 W. High St. Carlisle, PA 17013 Phone (717) 243-5513 Fax (717) 241-4021 Counsel for the plaintiff In the Court of Common Pleas of Cumberland County, Pennsylvania Beverly Diane Rydman, Plaintiff No. 2012- Civil V. Action to Set Aside Fraudulent Transfers Jamey M. DeCoster, James DeCoster and Jonathan DeCoster Defendants VERIFICATION I, Beverly Diane Rydman, hereby verify that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unswom falsification to authorities. DATED: September /L, 2012. By: Beverly Diane R man (?c This Deed k 1111 TAX ID: 04-21-0320-533 MADE THE 17th day of October in the year of our Lord two thousand and eight (2008), BETWEEN JAMES M. DECOSTER, a widower of the late ARLEEN F. DECOSTER, deceased, of 161 West Louther Street, Carlisle, PA 17013, of the first part, hereinafter called the Grantor, AND JAMES DECOSTER AND JONATHAN DECOSTER, Trustees of the Ireevocable Trust for the Benefit of JENNIFER DECOSTER, dated September 26, 2008, hereinafter called the Trustees/Grantees: W>ITNESSETH, that in consideration of ONE DOLLAR ($1.00) DOLLAR in hand paiO, the receipt whereof is hereby acknowledged, and other valuable consideration, the said Grantor does hereby grant and convey to the said Trustees/Grantees, ALL THAT CERTAIN house and lot of ground situate in the Third Ward of the Borough of Carlisle, Cumberland County, bounded and described as follows: ON the north side of a 10 foot alley; on the east by the property now or formerly of James Zirhmerman; on the south by Walnut Street and on the west by property now or formerly of ? 4rs. J. Vance Thompson. Having a frontage on Walnut Street of 30 feet, more or less and extending northwardly in depth 90 feet, more or less, to said 10-foot alley on the north.. HAVING thereon erected a dwelling house known as 261 Walnut Street, Carlisle, Pennsylvania. AND BEING the same premises which Gary L. Shulenberger and Dianne L. Shtllenburger, husband and wife, granted and conveyed to James M. DeCoster and Arlen F. DeCoster, husband and wife, by Deed dated June 24, 2002 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 252. Page 2132. Arleen F. DeCoster departed this life on November 19, 2004 vesting sole ownership of this property in James M. DeCoster as surviving spouse. ANP the said Grantor hereby covenants and agrees that he shall warrant specially the property hereby conveyed. 09/07/2012 3:56:09 PM CUMBERLAND COUNTY Inst.# 200834266 - Page 1 of 4 IN !WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF t4J (SEAL) ??afb James M. DeCoster COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND: On this, the 17th day of October, 2008, before me, the undersigned officer, personally appeared James M. DeCoster, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. LTH OF PENNSYI.VAlIII1 Not&" Seal K*dow K. WmuK Mowry pok Notary Public soum WOW" TWA.. CanWWW cow ty wc, EVhw Dec. 22, 2011 . P As?aeM,n d NofwAe? Fdo hereby certify that the precise residences and complete post office address of the within named Trustees/Grantees are: Janes DeCoster - 2705 37`" Place East, Apt. 109, Tuscaloosa, AL 35405 Jonathan DeCoster - 246 S. Huntington Ave., Apt. # 1, Jamaica Plain MA 02130 October 17, 2008 1-4 ?L-m -, 4j Att ey for Trustees/ Grantees COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : RECORDED on this day of October A. D. 2008, in the Recorder's office of the !County, in Deed Book , Page Given under my official hand and the seal of the said office, the date above written. , Recorder 09/07/2012 3:56:09 PM CUMBERLAND COUNTY Inst.# 200834266 - Page 2 of 4 REV 183 EX (11-N) RECORDER'S USE ONLY . REALTY TRANSFER TAX State Tax Paid • --?"? COMMON LTM OF PENNSYLVANIA STATEMENT OF VALUE DEPAR IEW OF REVENUE P BUREAU F INDIVIDUAL TAXES _ _ HAFtRIP URGX 280603 17128-0603 See Reverse for Instructions Date Recorded /6 • ?? L? !? PA Complete each section and file in duplicate with Recorder of Deeds when (1) the full valuelconsideration is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheet(s). A. CORRESPONDENT -All inquiries maY be directed to the following person: Name Telephone Number: Street Address Zip Code I b 3-3 a I Ko-f Qx,-* } 'Tom l-A t (;--- M I ( 7a vc B. TRANSFE DATA Gra Lessor s) Street Address city ?(/t r .-. l •? ?- -sp k Street Address "stwei- City, Township, Borough C1 VI"A County ol, Scholl District Tax Parcel Nu 1?1. I rfA CJ 15: C? "' - U311? 1. Actuaf Casf?sideration 2. Other Consideration 3. Total Cons 'Peon 4. County AssliI Value 5. Common Level Ratio Factor 6. Fair Market Vdrue 131 3E)o X 1. :L6 E, EXEMPTI} 14 DATA 1a. Amount of Exemption Claimed 1b. Percentage of Interest Conveyed I r, 7 ,a .... 6 ..__-. I. G,v 2. Check Appropriate Box Below for Exemption Claimed ? Will or'intestate succession _ (Name of Decedent) (Estate File Number) ? Tr?rtsfpr to Industrial Development Agency. Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) ? Other!(Please explain exemption claimed, if other than listed above.) Under penal as of taw, I declare that I have examined this Statement, including accompanying Information, and to the best of my kno dge and belief, it is true, correct and complete. Signature of or Responsible Party ,Q Date /} 1-C ew FAILURE T9 CgMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECD DEER'S REFUSAL TO RECORD THE DEED. Date of Acceptance of Document Grantee(syLessee(s) f rt e. t rt.- street Address Zip Code city --- State f "/a /3 Q 4 1(-/-)<-Il '9-L]l Zip Code 1 09/0712012 3:56:09 PM CUMBERLAND COUNTY Inst.# 200834266 - Page 3 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS (CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 lnstrument Number - 200834266 Recorded Pn 10/1712008 At 9:51:41 AM * Instrume>lt Type - DEED Invoice Number - 30710 User ID - KW * Grantor - PECOSTER, JAMES M * Grantee - bECOSTER, JAMES M * Customer!- KATHLEEN SHAULIS * FEES STATE W? IT TAX STATE JICS/ACCESS TO JUSTICE RECORDING FEES - RECORD$R OF DEEDS PARCEL!CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARPHIVES FEE CARLIS AREA SCHOOL DISTRI T CARLISLE BOROUGH TOTAL PAID $0.50 $10.00 Certification Page DO NOT DETACH $12.50 $10.00 $11.50 $2.00 $3.00 $0.00 $0.00 $49.50 This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA a (, /° RECORDER O 12EDS t * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111111111111111111111111 * Total Pages - 4 nou7/9lN 9 SR og PM CUMBERLAND COUNTY Inst.# 200834266 - Page 4 of 4 11 . rt?- IIV?NIl?N1i II? TAX ID: 05-21-0320-052 This Deed M DE THE 17th day of October in the year of our Lord two thousand and eight (2008), Bl$TWEEN JAMES M. DECOSTER, a widower of the late ARLEEN F. DECOSTER, deceased, of 161 West Louther Street, Carlisle, PA 17013, of the first part, hereinafter called the Grantor, AND JAMES DECOSTER AND JONATHAN DECOSTER, Trustees of the Irievocable Trust for the Benefit of JAMES DECOSTER AND JONATHAN D?COSTER, dated September 26, 2008 hereinafter called the Trustees/Grantees: W?TNESSETH, that in consideration of ONE DOLLAR ($1.00) DOLLAR in hand paid, the receipt whereof is hereby acknowledged, and other valuable consideration, the said Grantor does hereby grant and convey to the said Trustees/Grantees, ALL THAT CERTAIN house and lot of ground situate in the Borough of Carlisle, Cumberland County, bounded and described as follows: 134GINNING ON the North by a public alley; on the east by the property formerly of William Sponsler, now or formerly of Jennie Sponsler Goodrich; on the south by West Lojuther Street and on the west by property formerly of the heirs of Daniel Sawyer, now or'formerly of J. I. Lightner. CgNTAINING twenty-five (25) feet in the front on West Louther Street aforesaid and extending in depth at an even width a distance of two hundred forty (240) feet tot he alley aforesaid and having thereon erected a two story brick dwelling house known and de$ignated as No. 161 West Louther Street, Carlisle, Pennsylvania. AND BEING the same premises which George L. Zaiser and Pamela M. Zaiser, husband an# wife, granted and conveyed to James M. DeCoster and Arleen F. DeCoster, husband anil wife, by Deed dated May 17, 1996 and being recorded in the Office of the Recorder ofIDeeds in and for Cumberland County, Pennsylvania, in Deed Book 139, Page 492. Aileen F. DeCoster departed this life on November 19, 2004 vesting sole ownership of thils property in James M. DeCoster as surviving spouse. A$D the said Grantor hereby covenants and agrees that he shall warrant specially the pr¢ perty hereby conveyed. 09/07/2012 3:51:41 PM CUMBERLAND COUNTY Inst.# 200834265 - Page 1 of 4 IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and year first above written. SIGNED, SEALED AND DELIVERED IN. T PRESENCE OF A Ice: COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND: SEAL) On this. the 17th day of October, 2008, before me, the undersigned officer, personally appeared James M. DeCoster. known to me (or satisfactorily proven) to be the petson whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMOW TH P/ r ANIA y, L Notarial goal K. Shaul $. WAY Public Sµy TEEIOMS 0?11? /? Member, P Aasedatlon of Nataxhat-Pubf-l Lt tL otary i c I do hereby certify that the precise residences and complete post office address of the witjhin named Trustees/Grantees are: Jarites DeCoster - 2705 37 h Place East, Apt. 109, Tuscaloosa, AL 35405 Jonathan DeCoster - 246 S. Huntington Ave., Apt. # 1, Jamaica Plain MA 02130 October 17, 2008 A r Trustees/ Grantees COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND RECORDED on this _ day of October A. D. 2008, in the Recorder's office of the !County, in Deed Book , Page Given under my official hand and the seal of the said office, the date above written. Recorder 09/07/2012 3:51:41 PM CUMBERLAND COUNTY Inst.# 200834265 - Page 2 of 4 _ REV.183 Ex1 l11-04' REALTY TRANSFER TAX RECORDER'S USE ONLY State Tax Paid -- - --- - COMMONWBALTH OF PENNSYLVANIA STATEMENT OF VALUE DEPAR ENT OF REVENUE age ben} ?1 BUREAU wDIVIDUAL TAXES - P Box 280603 See Reverse for Instructions Date Recorded ; t _ _ HARRIS URG PA 17128.0603 Complete each don and file in duplicate with Recorder of Deeds when (1) the full valuelconsideration is not set forth in the deed, (2) when the deed is without :nsideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1 family relationship or (2) public utility easement If more space is needed, attach additional sheet(s). A. CORRESPONDENT - All inquiries may be directed to the following person: Narne Telephone Number: Street Address C' (S $t@ Zip Code Ca c S- _ t VI-Cd- B. TATA Date of Acceptance of Document Grantor(syLes s) Granjae(sKessee(s) f) V. ?'z Ar r jlGk lyle--? Vt lki? ?101 (f R Street Address - - Street Address I t r?? 1 _,? n ?, +Gq 7jp Code S e Zip Co c. ?( t S-1lf? S ] O V-11 city U-xv. l6)CXZrK L. 3.S 41 G• < C. PROPER LOCATION - Street Address ; City, Township, Borough CA f County [[ School District Tax Parcel Number C mbt'_?'altr?tc? I ?'r?t?ISlG as -2-4-o3 2-6--G'5-2- D. VALUATI N DATA 1. Actual Istrideration 2. Other Consideration 3. Total Corp"tion t c f C.. 4. County AsseseA?Cvw 5. Common Level Ratio Fact 6. FairJMa;; eft slue -- -- - ? S r t- 3, x , u = 1 D. Y3 i.,Yn E. EX_EMPT_ IQ _ DATA 1a. Amount of emption Claimed 1b. Percerrtagg of Interest Conveyed 2. Check Appropriate Box Below for Exemption Claimed ? Will or!intestate succession (Name of Decedent) (Estate File Number) ? Transfer to Industrial Development Agency. [l? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfr r between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transf rs to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Transf6r from mortgagor to a holder of a mortgage in default. Mortgage Book Number Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutiry corporate consolidation, merger or division. (Attach copy of articles.) ? Other tPlease explain exemption claimed, if other than listed above-) Under of my of law, I declare that 1 have examined this Statement, including accompanying information, and to the oest e and belief, it Is true, correct and complete. a Signature of Co pondent or Party 1 veto FAILURE T COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECO DEB'S REFUSAL TO RECORD THE DEED. 09/07/2012 3:51:41 PM CUMBERLAND COUNTY Inst.# 200834265 - Page 3 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrum4nt Number - 200834265 Recorde On 10/17/2008 At 9:51 :40 AM * Instrum nt Type - DEED e Invoice umber - 30710 User ID - KW * Grantor r DECOSTER, JAMES M *Grantee t DECOSTER, JAMES * Custome r - KATHLEEN SHAULIS * FEES STATE TAX ?17 $0.50 STATE S/ACCESS TO $10.00 JUSTIC4 RECORD]NG FEES - $12.50 RECORD4R OF DEEDS PARCEL !CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CA.RLISr$ AREA SCHOOL $0.00 DISTRICT CARLISI4E BOROUGH $0.00 TOTAL PAID $49.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ow 0 RECORDER O /DE D S f7J90 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1!1 IVINIInI?Wlllltl 09/07/2012 3:51:41 PM CUMBERLAND COUNTY Inst.# 200834265 - Page 4 of 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Beverly Diane Rydman, _ ~ Plaintiff : c ~ ~ ' • No. 2012-5813 Civil -~3 ^s v. ~m ~ o --, ~r - .: c:n r- rv o r-~, ~ c~ James M. DeCoster Action to Set .Aside Transfers ~~'. ~ '~ ° c , James M. DeCoster, II and under 52 Pa. C.S. §§ 5101, et seq. ~~ ~ Jonathan F. DeCoster :~~ ~ ~r~,, Defendants =`; cn ~" --< W STIPULATION and CONSENT .AND NOW, come the plaintiff, Beverly Diane Rydman, by and through hea- attorneys, Flower Law, LLC, and the defendants, James M. DeCoster, James M. DeCoster, II ar~d Jonathan F. DeCoster, by and through their attorneys, John, Duffie, Stewart & Weidner, P C., and stipulate, as follows: 1. On December 29, 2010, the plaintiff herein ("Rydman") filed her complaint at Docket No. 201.0-4862 Civil, against defendant James M. DeCoster (``DeCoster"), alleging personal injury and claiming compensatory damages, and DeCoster duly filed his answer. 2. On May 31, 2011, State Farm Fire and Casualty Co. ("State Farm") filed its complaint at Docket No. 2011-3770 Civil, naming Rydman and DeCoster as defendants, seeking declaratory judgment to determine its obligation, vel non, to indemnify and defend. DeCoster with respect to Rydman's claims against him for damages arising from her alleged injury. 3. On March 13, 2012, this Court ruled in favor of DeCoster and Rydman in the said declaratory judgment ;action and State Farm timely filed its appeal, which is now before the Superior Court awaiting determination. 4. On October 17, 2008, DeCoster conveyed to defendants James M. DeCoster, II and Jonathan F. DeCoster, as trustees for certain trusts, two parcels of real estate in the Borough of Carlisle until then owned by DeCoster, known as 161 W. Louther Street and 261 Walnut Street. ,, S On September 18, 2012, Rydman filed the present action to set aside conveyances, as the statutory limitations period for filing an action under S2 Pa.. C.S. §§ 5101, et seq. neared its end, and DeCoster filed his answer with new matter. 6. Plaintiff and all Defendants stipulate to the foregoing, and they all do hereby consent and agree, as follows: (1) that the defendants shall not do nor knowingly or willingly suffer to be done or committed, any act, matter or thing whatsoever whereby the properties known. as 161 W. Louther Street and 261 Walnut Street shall or may be conveyed or encumbered, in title, estate or otherwise howsoever, until further Order of this Court; and (2) the present action shall be continued until the related action brought by State Farm for declaratory judgment and the related personal injury action brought by Rydman against DeCoster have been concluded, or until further Order of this Court. WHEREFORE, Plaintiff and Defendants jointly ask this Court to issue an appropriate Order to give effect to their agreement. FLOWER L.AW, LLC "Thomas E. Flower Id. ,#83993 10 ~~'. High Street Carlisle, PA 17013 (717> 243-SS 13 Counsel for the plaintiff Dated: '~~. ~o ~ ~~..~.s Respectfully submiitted, JOHNSON, DUFFIE, STEWART & WEIDNER ~' By:'~' ~ ~~ _~" John R. inosky Id. #78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01 Ci9 (717) 761-4540 Counsel for all defendants Dated: ,',' ~'~-__- . ~---=- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Beverly Diane Rydman, Plaintiff v. James M. DeCoster, James M. DeCoster, II and Jonathan F. DeCoster Defendants No. 2012-5813 Civil Action to Set Aside Transfers under 52 Pa. C.S. §§ 5101, et seq. ORDER AND NOW, this ~ day of d~+~l , 2012, upon consideration of the Stipulation and Consent of the parties, it is hereby ordered that: (1) the defendants shall not do nor knowingly or willingly suffer to be done or committed, any act, matter or thing whatsoever whereby the properties in Carlisle Borough known as 161 W. Louther Street and 261 Walnut Street shall or may be conveyed or encumbered, in title, estate or otherwise howsoever, until further Order of this Court; and (2} the present action is hereby continued until the related action brought by State Farm for declaratory judgment and the related personal injury action brought by Rydman against DeCoster have been concluded, `or until further Order of this Court. '~ ~esrwa.,,s' / ~~K /'/dl.)P/ ~~~ c ~ rn~W _ O BY THE OURT: ~~ -~-+ ~~~ ~~ w_ J• <© z*c~ s„ ~c ~° ~~ .. ...., ~ ~ -r; ~'~ ~ ~- x ~~ ca° s° o~ a~ --+r~' -~