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Home My WebLink About05-0097IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAURIE J. LANE, * NO. OS' - 97 Plaintiff VS. * CIVIL ACTION - LAW IN DIVORCE RICHARD C. RUPP, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAURIE J. LANE, Plaintiff VS. RICHARD C. RUPP, Defendant NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER §3301 OF THE DIVORCE CODE 1. The Plaintiff is Laurie J. Lane, who currently resides at 36 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Richard C. Rupp, who currently resides at an unknown address in Cumberland County, Pennsylvania, and with a principal place of business located at 355 North 21 st Street, Suite 205, Camp Hill, Cumberland County, Pennsylvania, 17011 3. There are no children born of the parties. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 5. Plaintiff and Defendant were married on July 12, 1997 in Carlisle, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 9. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken. (b) §3301(d). The marriage of the parties is irretrievably broken and at the appropriate time Plaintiff will file an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. The parties have presently been living separate and apart since February 7, 2004.. 11. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. COUNT II - CLAIM FOR EQUITABLE DIVISION OF MARITAL PROPERTY UNDER §3502(x) OF THE DIVORCE CODE 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as if set forth in full. 13. Plaintiff and Defendant have individually or jointly acquired real and personal property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to §3502(a) of the Divorce Code. COUNT III - CLAIM FOR ALIMONY PENDENTE LITE, SUPPOR'T' COUNSEL FEES AND EXPENSES 14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference as if set forth in full. 15. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case, in the employment of counsel and the payment of costs. 16. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 17. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. 18. Defendant has adequate earnings to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests This Honorable Court compel Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. COUNT IV - CLAIM FOR ALIMONY 19. Paragraphs one (1) through eighteen (18) are incorporated herein by reference as if set forth in full. 20. Plaintiff lacks sufficient property to provide for her reasonable needs. 21. Plaintiff is unable to sufficiently support herself through appropriate employment. 22. Defendant has sufficient income and assets to provide continuing support and to pay alimony to Plaintiff. WHEREFORE, Plaintiff respectfully requests This Honorable Court compel Defendant to pay alimony to Plaintiff. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: _ 5 - o S' ?t"-' At,, Timothy J. Colg , squire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 VERIFICATION I, Laurie J. Lane, verify that the statements made in this 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. CS. §4904, relating to unsworn falsification to authorities. Date: 6URIE J. LANE Plaintiff ?o w 4 O o ? c a (,1 a tr.J X37 -rn# J rn L? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAURIE J. LANE, Plaintiff * NO. 05-97 CIVIL TERM * VS. RICHARD C. RUPP, Defendant * * CIVIL ACTION - LAW IN DIVORCE * * * * ACCEPTANCE OF SERVICE r I accept service of the Complaint in Divorce as of this 25day of JAL 2005. I certify that I am authorized to accept service on behalf of the Defendant. S uel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 f 1 ?- ILL) r LAURIE J. LANE, Plaintiff, V. RICHARD C. RUPP, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-97 CIVIL TERM CIVIL ACTION - LAW (APL) DRS ATTACHMENT FOR APL PROCEEDINGS TION ADDRESS OF LAST MARITAL HO DOCUMENT RAISING APL CLAIM DATE APL DOCUMENT FILED LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION -LAW (APL) PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Plaintiff, by and through her attorney, Timothy J. Colgan, Esquire of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and submits this Petition for Alimony Pendente Lite as follows: 1. The Plaintiff is Laurie J. Lane who currently resides at 36 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. Her social security number is 184-52- 5386. 2. The Defendant is Richard C. Rupp whose residence address is unknown, and has a principal place of business at 355 North 21St Street, Suite 205, Camp Hill, Cumberland County, Pennsylvania. His social security number is 191-46-1451. 3. A Complaint in Divorce was filed on January 6, 2005 raising a Count for Alimony Pendente Lite. 4. Plaintiff is without sufficient funds to support herself and unable to meet the costs and expenses of this litigation or support herself during the pendency of this action. 5. Plaintiff's income is insufficient to provide for her reasonable needs and to pay her attorney's fees and the costs of this litigation. 6. Defendant has adequate earnings to provide alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests than an order be entered requiring Defendant to pay to Plaintiff such alimony pendente lite as the Honorable Court deems reasonable. Date: 11? ZA 2X5 Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO Timothy J. Colgan, /?- 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I. D. # 77944 VERIFICATION I, Laurie J. Lane, verify that the statements made in this 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. CS. '4904, relating to unsworn falsification to authorities. Date:.? /5 6S ?OURIE J. LAW P iff CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing Petition for Alimony Pendente Lite by first class mail, postage pre-paid as follows: Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 WILEY, LENOX, COLGAN & MARZZACCO By: c f1? C Timothy J. Ic n, Esq ire Dated: LAURIE J. LANE, IN THE COURT OF COMMON PLEAS OF Plaintiff /Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2005-97 CIVIL TERM RICHARD C. RUPP, IN DIVORCE Defendant/Respondent . PACSES# 640107236 ORDER OF COURT AND NOW, this 8"' day of April, 2005, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R J. Shadday on May 3. 2005 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 4-8-05 to: < Respondent Timothy Colgan, Esquire Samuel Andes, Esquire s Date of Order: April 8, 2005 ! . J. S adday, Conference Office YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 I4i.l???^ <n.v}^^ 0 ? I4-) z I C?,IJ SQOl LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION -LAW (APL) PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Plaintiff, by and through her attorney, Timothy J. Colgan, Esquire of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and submits this Petition for Alimony Pendente Lite as follows: 1. The Plaintiff is Laurie J. Lane who currently resides at 36 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. Her social security number is 184-52- 5386. 2. The Defendant is Richard C. Rupp whose residence address is unknown, and has a principal place of business at 355 North 21St Street, Suite 205, Camp Hill, Cumberland County, Pennsylvania. His social security number is 191-46-1451. 3. A Complaint in Divorce was filed on January 6, 2005 raising a Count for Alimony Pendente Lite. 4. Plaintiff is without sufficient funds to support herself and unable to meet the costs and expenses of this litigation or support herself during the pendency of this action. 5. Plaintiff's income is insufficient to provide for her reasonable needs and to pay her attorney's fees and the costs of this litigation. 6. Defendant has adequate earnings to provide alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests than an order be entered requiring Defendant to pay to Plaintiff such alimony pendente lite as the Honorable Court deems reasonable. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO Timothy J. Colgan, squire J?- 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 Date: II7d!z?? %T VERIFICATION I, Laurie J. Lane, verify that the statements made in this 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. CS. '4904, relating to unsworn falsification to authorities. .3 Date: RIE J. LAWF/ P ' iff V CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing Petition for Alimony Pendente Lite by first class mail, postage pre-paid as follows: Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 WILEY, LENOX, COLGAN & MARZZACCO By: Timothy J. Ign, Esq ire Dated: l?J ": ?? ?? - In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) vs. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number ORDER OF COURT You, LAURIE J. LANE plaintiff/defendant of 36 SCARSDALE DR, CAMP HILL, PA. 17011-7938-36 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JUNE 23, 2005 at 9: ooAM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LAURIE J. LANE, Plaintiff VERSUS RICHARD C. RUPP Defendant No. 2005-97 CIVIL TERM DECREE IN DIVORCE AND NOW, ?)fCeM Ue,r Z ? , ),OO(o, IT IS ORDERED AND DECREED THAT LAURIE J. LANE RICHARD C. RUPP AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, 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; The terms and provisions of the Marital Settlement Agreement signed by the parties and dated December 8, 2006 are hereby incorporated but not merged in the Decree i of Divorce and remain binding upon the parties. BY THE COURT: s % -\t,- ?3a?\v AT il , ST: n J . PR41-1 ARY iT???C/ ?' .. 1..' ???? LANE V. RUPP PACSES Case Number: 640107236 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-509 Worker ID 21302 r? ?? r_ tl <' .r ?i -r ._ _ iii t`.?. i L(J -''r C.> r i{ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) vs. ) PACKS Case Number 640107235 RICHARD C. RUPP ) Defendant ) Other State ID Number ORDER OF COURT You, RICHARD C. RUPP plaintiff/defendant of STE 205, 355 N 21ST ST, CAMP HILL, PA. 17011-3707-55 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JUNE 23, 2005 at 9: ooAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Form CM-509 Service Type M Worker ID 21302 LANE V. RUPP PACSES Case Number: 640107236 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker lD 21302 ,., s;. ?, ?.? ?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAURIE J. LANE, Plaintiff VS. RICHARD C. RUPP, Defendant * NO. 05-97 Civil Term * CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Laurie J. Lane, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses (1) Discovery is not complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through his attorney, Samuel L. Andes, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. q 3301(c and (d). (4) Delete the inapplicable paragraph(s): (a) The action - is -- -- --- (b) rowing claims: N/A (c) The action is contested with respect to the following claim: Distribution of Pronertv. Alimony. Alimony Pendente Lite, Counsel Fees. Costs and Expenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any relevant to the motion: Plaintiff expects responses to discovery requests on or before June 13, 2005. Date: 6 -dD-os` Attorney for Plai , Ti othy J. Colgan, Esquire WILEY, LENOX, COLGAN & MARZZACCO, P.C. ORDER APPOINTING MASTER AND NOW, this day of 2005, Esquire is appointed master with respect to the following claims: _ By the Court: N ? ? O C Gr+ .-e c_ y-r f. " _ Y? ' N -`? ? ... Y;' .-. ? LL: i i +i??l ?; } ?-! ?? ? RECEIVED JUN 2 3 2005 5 f? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAURIE J. LANE, * NO. 05-97 Civil Term Plaintiff VS. * CIVIL ACTION - LAW IN DIVORCE RICHARD C. RUPP, Defendant MOTION FOR APPOINTMENT OF MASTER Laurie J. Lane, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claims(s) for which the appointment of a Master is requested. (2) The Defendant has appeared in the action through his attorney, Samuel L. Andes, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S A. §§ 3301(c) and (d). (4) Delete the inapplicable paragraph(s): (a) T -- - is -- eont'sted (b) Am agree rent has been mached mith respect to the fbilovving ch : N/A (c) The action is contested with respect to the following claim: Distribution of Property, Alimony, Alimony Pendente Lite, Counsel Fees. Costs and Expenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any relevant to the motion: Plaintiff expects responses to discovery requests on or before June 13, 2005. Date: 6 -dO-Os C Attorney for Plain ' , Ti othy J. Colgan, Esquire WILEY, LENOX, COLGAN & MARZZACCO, P.C. ORDER APPOINTING MASTER y AND NOW, this day of 1005, 'tCLt L Esquire is appointed master with respect to t following claims: 'I P Byt s. J. 0 - v 0 h ? U I'd £ I :5 PV LZ N"'I;i" CQOZ c? c. ff r, o TJ ? Y ?n LAURIE J. LANE, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V RICHARD C. RUPP, Defendant . DOMESTIC RELATIONS SECTION PACSES NO. 640107236 DOCKET NO. 05-97 CIVIL IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before MICHAEL R. RUNDLE, Support Master, Cumberland County Domestic Relations Office, 9 North Hanover Street, Carlisle, Pennsylvania, on June 23, 2005, in the Support Master's Hearing Room APPEARANCES: TIMOTHY J. COLGAN, Esquire For the Plaintiff SAMUEL L. ANDES, Esquire For the Defendant 1 THE MASTER: We are here in the matter of 2 Laurie J. Lane versus Richard C. Rupp. This case is 3 docketed to 05-95 CIVIL term. This is a divorce action with 4 a claim for alimony pendente lite filed by the Plaintiff on 5 March the 18th, 2005. Both parties are present each 6 represented by counsel, Timothy Colgan on behalf of the 7 Plaintiff, Samuel Andes on behalf of the Defendant. 8 Parties have requested that this matter be 9 continued for the purpose of financial discovery. The 10 parties will put certain matters of stipulation on the 11 record. 12 Mr. Andes. 13 MR. ANDES: The parties have agreed as 14 follows: 15 1. Richard Rupp will deliver to Mr. Colgan 16 through me on or before the 1st of August of 2005 copies of 17 the federal income tax returns for himself and for the 18 corporation, the professional corporation, Rupp & Meikle. 19 2. Promptly after those tax returns have 20 been submitted to Mr. Colgan, we will make the accountant, 21 whose name is John A. Plesic, P-1-e-s-i-c, available to meet 22 with Mr. Colgan and myself to review tax returns and attempt 23 to answer any questions or provide any additional 24 information Mr. Colgan may request. At that meeting the 25 accountant will have the corporate checking accounts and 2 I other financial records that he used to prepare the tax 2 returns for 2004 so that he can answer those questions and 3 so that Mr. Colgan can review those documents. 4 3. My client will secure an appraisal of the 5 two properties that he owns at 22 Colgate Drive and at 1163 6 Kingsley Road in Lower Allen township. The appraisals will 7 be for a time at the date of marriage in July of 1997 and as 8 of the end of 2003. We will have those appraisals done by 9 George Clauser, and that's spelled C-1-a-u-s-e-r, and share 10 copies of those reports with Mr. Colgan by the beginning of 11 September. 12 4. By the 1st of August we will submit to 13 Mr. Colgan copies of Mr. Rupp's personal bank account 14 statements for the past 12 months, copies of any brokerage 15 account statements that he owns jointly or individually for 16 the same 12 months, and copies of or information regarding 17 any other investments he owns not included within those 18 brokerage account statements. We will also provide copies 19 of any sales agreements or other agreements reflecting or 20 relating to Mr. Rupp's disposition of any real estate that 21 he owns now or owned at the time of separation in late 2003 22 although there are no such documents at least at this date. 23 5. The parties will engage in some other 24 discovery in an attempt to move to a reasonable conclusion 25 of all of the economic claims which have been raised in the 3 1 divorce and will cooperate with each other for that purpose. 2 That's it. 3 THE MASTER: Anything to add, Mr. Colgan? 4 MR. COLGAN: The one thing I would add is I 5 think that the appraisal should also include a value as of 6 the current period of time given the amendment to the 7 divorce code that gain on the marital portion of the 8 appreciation in value would also be included. We will 9 probably have to do some math to figure that out, what that 10 portion is or what percentage that would be. But the 11 present value ought to be included in the appraisal as well. 12 MR. ANDES: I don't know that I agree with 13 your interpretation of the amendments to the divorce code. 14 MR. COLGAN: Well, as long as he is doing 15 that, since he is already out there, he can certainly give 16 us the current value. 17 MR. ANDES: We will agree to do that. 18 THE MASTER: And in as much as we may be 19 having an APL hearing sometime in September, will he be 20 performing any evaluation with respect to rental value of 21 the properties? 22 MR. ANDES: No. 23 THE MASTER: Anything further, Mr. Colgan? 24 MR. COLGAN: No. 25 THE MASTER: Is it the intent of the parties 4 I that we reschedule a hearing for sometime in September of 2 2005? 3 MR. ANDES: That is correct. 4 MR. COLGAN: Yes. 5 THE MASTER: I will have my stenographer 6 contact your offices and schedule a hearing as soon after 7 Labor Day as possible. 8 Anything further? 9 MR. ANDES: No. 10 THE MASTER: We will conclude today then. 11 Thank you. 12 (Whereupon, the hearing was concluded.) 13 14 15 16 17 18 19 20 21 22 23 24 25 5 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Vick?ephenson Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Jlj - Zi ,avlc)\-, Date Michael R. Rundle Support Master 6 r> !? ?:? O _ ?, te, ? 5-..? i'7 -T7 N fr7 41 ? 7 r'?Q r '`l?i =r:(j - : i.u .. -1 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) vs. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING a You, RICHARD C. RUPP Gp O STE 205, 355 N 21ST ST, CAMP HILL, PA. 17011-3707-55 3r Z A tV a- W are ordered to appear at DOMESTIC RELATIONS HEARING RM mT_^ DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013- 0VY3 N -?' On the 12TH DAY OF SEPTEMBER, 2005 the prior hearing date of JUNE 23, 2005 m at 9:ooAM fora hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Service Type M Worker ID 21302 LANE V. RUPP PACSES Case Number: 640107236 If you fail to appear for the conference/hearing or to tiring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 6 --?3 - ( ? C JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBER comply with the Americans with Disabilities Act of 1 facilities and reasonable accommodations available to before the court, please contact our office at: (717) made at least 72 hours prior to any hearing or business scheduled hearing. LAND County is required by law to 990. For information about accessible disabled individuals having business 240-6225 . All arrangements must be before the court. You must attend the Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 ,r ?, r} n ?, fJ ? ?- '? ?-l `{t ?? (?? .c, 1 ..' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) vs. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, LAURIE J. LANE of 36 SCARSDALE DR, CAMP HILL, PA. 17011-7938-36 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 12TH DAY OF SEPTEMBER, 2005 at 9:ooAM fora hearing. This date replaces the prior hearing date of JUNE 23, 2005 o - You are further required to bring to the hearing: j?om? 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as 2. your pay stubs for the preceding six (6) months, c rn 3. the Income and Expense Statement attached to this order as required by Rule io.11 (c) 4. verification of child care expenses, and 'n 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Service Type M Worker ID 21302 LANE V. RUPP PACKS Case Number: 640107236 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: _ C Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 C> ,? Qy C:_ cT' .-1 i, n??. v -ri a - ; .? , "E7 : _ i ?,j s'j CaJ :? .<- .r In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) vs. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, LAURIE J. LANE of 36 SCARSDALE DR, CAMP HILL, PA. 17011-7938-36 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 21ST DAY OF SEPTEMBER, 2005 at 9: OpAM for a hearing. This date replaces the prior hearing date of SEPTEMBER 12, 2005 You are further required to bring to the hearing: 1, a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Service Type M Worker ID 21302 V. RUPP PACSES Case Number: 640107236 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 7- 1 9- K JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 ?-, r.:y C . 'l ,.. . ?' t?. iY r 5 CJ? 4? },<?'i `„ ? /_, '..? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) VS. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A. HEARING You, RICHARD C. RUPP of STE 205, 355 N 21ST ST, CAMP HILL, PA. 17011-3707-55 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 on the 21ST DAY OF SEPTEMBER, 2005 at 9: OOAM fora hearing. This date replaces the prior hearing date of SEPTEMBER 12, 2005 , You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Service Type M Worker ID 21302 LANE V. RUPP PACSES Case Number: 640107236 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 7-1 9-K JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FETE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 o r? ?, .? T ` r` - ?r7 , s ;.-? ?-? ? : + ? _y P ?? ?\ l . ? ?? 3? } ? ? ?/ LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW - IN DIVORCE LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION V. NO. 05-97 CIVIL TERM PACSES NO. 640107236 RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND NOW, comes the Plaintiff, Laurie Lane, by and through her counsel, Timothy J. Colgan, Esquire, and submits this Motion to Compel Production of Documents and in support thereof, avers as follows: Plaintiff filed a Complaint in Divorce on January 6, 2005, raising claims including equitable distribution of marital property, alimony, alimony pe:ndente lite, support, counsel fees and costs. 2. On May 13, 2005, undersigned counsel sent a Request for Production of Documents by mail to Defendant's counsel, Samuel Andes, Esquire, requesting that documents be produced on or before June 13, 2005. (See letter and Request for Production of Documents attached as Exhibit "A"). Defendant failed to produce said documents by June 13, 2005. 4. A hearing, at the above docket number and PACSES number 640107236, was held before the Support Master, Michael R. Rundle, on June 23, 2005, at which time Plaintiff agreed to a continuance in order to allow Defendant to produce his financial information to complete discovery. 5. The parties stipulated to the following terms: a. Richard Rupp will deliver to undersigned counsel on or before the I" of August, 2005, copies of federal income tax: returns for himself and the professional corporation, Rupp & Meikle. b. The parties would arrange to meet with John A. Plesic, Mr. Rupp's accountant, and review the tax returns, corporate checking accounts and other financial records. C. Richard Rupp will secure an appraisal of the properties located at 22 Colgate Drive and 1163 Kingsley Road for July 1997, December 2003 and present value. The appraisals are to be completed by George Clauser and reports provided to undersigned counsel. d. Richard Rupp will submit to undersigned counsel, copies of personal bank account statements for the past twelve months, copies of brokerage account statements owned jointly or individually for the past twelve months and copies or information relating to any other investments owned. e. Richard Rupp will provide to undersigned counsel copies of sales agreements relating to the disposition of any real estate owned by Mr. Rupp as of the date of separation in 2003. 6. To date, undersigned counsel has not received any of the above-referenced documents or information. Time is of the essence as a hearing is presently scheduled, at the above docket number and PACSES number 640107236, for September 21, 2005, and undersigned counsel needs said documents in order to prepare for the next hearing,. 8. Due to Defendant's failure to produce said documents, undersigned counsel is required to file this motion. As Defendant's failure is unjustified, Plaintiff believes and therefore avers that Defendant should be required to pay for counsel fees in the amount of $1,000.00 for preparation of this motion and attendance at a hearing for disposition of same. WHEREFORE, Plaintiff respectfully requests that This Honorable Court enter an Order compelling the Defendant to produce all of the documents requested in Plaintiffs Request for Production of Documents within five (5) days from the entry of such Order, and upon the Defendant's failure to do so within the time allotted, to suffer sanctions to be imposed by further order of the Court, and further that Defendant shall pay Plaintiff for attorney fees in the amount of one thousand dollars ($1,000.00) for preparation, filing and disposition of this Motion. Respectfully submitted, WILEY, LENOX, COLGAN& MARZZACCO, P.C. Timothy J. Co gan, Esgmre 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 I.D.#77944 Dated: ;- 0 .' F ? " +'?"?' LAURIE J. LANE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW - IN DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS To: Richard C. Rupp c/o Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 Pursuant to PaA.C.P. 4009.11, demand is hereby made that you or your attorney produce, at the law firm of Wiley, Lenox, Colgan & Marzzacco, 130 West Church Street, Suite 100, Dillsburg, PA 17019, within thirty (30) days of the date of this Request, the following documents: /1. For the year 2000 to present, copies of Federal and State income tax returns, together with all accompanying work sheets, schedules, attachments, and supporting documents, including but not limited to W-2s, K-1 Is, 1099s and any other documents demonstrating income received from any source. ,/2. Copies of all records indicating any and all income received by you from any and all sources for the preceding five years; 3. For the year 2000 to present, copies of Federal and State income tax returns, profit and loss statements and balance sheets for any and all corporations, joint ventures, partnerships or other corporate or business associations in which you hold an interest, including but not limited to Rupp and Meikle, P.C.; ?4. Copies of all bank account statements for the preceding twelve (12) months for accounts in which you have an interest, including those held by you in your name or in your name jointly with any other person or entity, or in your name as trustee for any other person, (regardless of whether or not the account or accounts have been closed); r 5. Copies of all sales agreements and/or options for any real estate owned by you and those held by you in your name or in your name jointly with any other person or in your name in trust or in your name as guardian for any other reason; /6. Copies of any and all brokerage account statements or securities statements for the preceding twelve (12) months for brokerage accounts or securities owned by you individually, jointly with any person or entity, or as trustee, guardian or custodian, to date, including such records, dates of purchase and amounts paid for such securities; /7 Copies of any and all securities and investments owned by you and not reflected in any brokerage account records or statements; Dated: J' (;? ° w WILEY, LENOX, COLGAN & MARZZAGCO, P.C. Timothy J. Col , E i 130 West Church eet, Suite 100 Dillsburg, P A I 7019 (717) 432-9666 I.D.#77944 LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW - IN DIVORCE CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certify that I am this clay serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Date: S / 3 ° yS By: Timothy J. Cofgp, ire LAURIE J. LANE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM[ RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW - IN DIVORCE LAURIE J. LANE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION V. : NO. 05-97 CIVIL TERM : PACSES NO. 640107236 RICHARD C. RUPP, Defendant. CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Samuel L. Andes, Esquire 525 North Twelfth Street PO Box 168 Lemoyne, PA 17043 Michael R. Rundle, Support Master Cumberland County Domestic Relations 9 North Hanover Street Carlisle, PA 17013 WILEY, LENOX, COLGAN & MARZZACCO, P.C. Date: 9- 9 (),S By: "t t Timothy J. Co gan, quire ?y ?t ? ti LAURIE J. LANE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW RICHARD C. RUPP, Defendant NO. 05-0097 CIVIL TERM LAURIE J. LANE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION PACSES NO. 640107236 RICHARD C. RUPP, Defendant NO. 05-0097 CIVIL TERM ORDER OF COURT AND NOW, this 13`h day of September, 2005, upon consideration of Plaintiff's Motion To Compel, and following a telephone conference with counsel in the persons of Timothy J. Colgan, Esq., on behalf of Plaintiff and Samuel L. Andes, Esq., on behalf of Defendant, the motion is granted to the extent that Defendant is directed to produce all documents requested in Plaintiff's Request for Production of Documents within six days of the date of this order. THE ISSUE of Plaintiff's request for attorney's fees in connection with her motion is relegated to the Divorce Master for a recommended disposition in conjunction with the resolution of the divorce case. BY THE COURT, ,,- _. ? ?, F `" ?1 sC -I ` ''! Robert Elicker, Esq. Divorce Master Michael Rundle, Esq. Support Master Q Timothy J. Colgan, Esq. 130 West Church Street Suite 100 Dillsburg, PA 17019 Attorney for Plaintiff Samuel L. Andes, Esq. 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Attorney for Defendant :rc LAURIE J. LANE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION RICHARD C. RUPP, PACSES NO. 640107236 Defendant DOCKET NO. 05-0097 CIVIL TERM ORDER OF COURT AND NOW, this 21St day of September, 2005, pursuant to an agreement of the parties and upon the recommendation of the Support Master, it is order and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit for transmission to the Plaintiff as alimony pendente lite the sum of $800.00 per month, said payment to be made in two equal installments of $400.00 each on or about the 1St and the 15"' day of each month. B. The effective date of this order is March 18, 2005. C. Payment on retroactive arrearages shall be held in abeyance and resolved as part of the overall economic claims in the divorce action; provided, however, that the Defendant shall make a direct payment in the amount of $400.00 to the Plaintiff on said retroactive arrearages no later than September 23, 2005. D. Because the Defendant is self-employed, no order for wage attachment shall issue. By the Court, Ed%15 J. J? Cc: Laurie J. Lane Richard C. Rupp Timothy J. Colgan, Esquire For the Plaintiff Samuel L. Andes, Esquire For the Defendant DRO r> ?=> CJ ,?- ? u? -? ? Y? --? n ?? .._+ ? -r; 'T7 N - t ? ....? . , ? ? ?a.1 fi ? ?? r, ?r'.? ?-') _ N ?-j L.? G3 i LAURIE J. LANE, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION PACSES NO. 640107236 RICHARD C. RUPP, Defendant DOCKET NO. 05-0097 CIVIL TERM IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before MICHAEL R. RUNDLE, Support Master, Cumberland County Domestic Relations Office, 9 North Hanover Street, Carlisle, Pennsylvania, on September 21, 2005, in the Support Master's Hearing Room APPEARANCES: TIMOTHY J. COLGAN, Esquire For the Plaintiff 73 .o o-1 n rn= v ? o N C7 2 v,D J ? N N SAMUEL L. ANDES, Esquire For the Defendant 1 THE MASTER: We are here in the matter of 2 Laurie J. Lane versus Richard C. Rupp. This case is docketed 3 to 05-0097 CIVIL Term. This is a claim for alimony pendente 4 lite filed by Ms. Lane. The hearing was scheduled today. 5 The parties have reached an agreement. That agreement is as 6 follows: 7 1. Mr. Rupp will pay to Ms. Lane as alimony 8 pendente lite the sum of $800.00 per month. 9 2. The effective date of the obligation will 10 be the date of filing of the petition for alimony pendente 11 lite in March, 2005, with the exact date determined after a 12 review of the prothonotary's records. 13 3. Payments will be made twice a month on or 14 about the lst and on or about the 15th in the amount of 15 $400.00 per payment. 16 4. Mr. Rupp will make a $400.00 payment 17 directly to Ms. Lane no later than September 23, 2005. 18 5. All further payments will be made 19 directly by Mr. Rupp to the Pennsylvania State Collection 20 and Disbursement Unit, the parties agreeing that no wage 21 attachment will be placed into effect at this time because 22 Mr. Rupp is self-employed. 23 6. No monthly payment on accrued arrearages 24 will be required, and the resolution of retroactive 25 arrearages will take place in the economic claims before the 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Divorce Master. Have I stated the agreement correctly, Mr. Andes? MR. ANDES: I just got here. My phone blipped out. In the first paragraph you said $800.00 per month? THE MASTER: That is correct. MR. ANDES: Yes. You stated it correctly. THE MASTER: Have I stated it correctly, Mr. Colgan? MR. COLGAN: Yes. THE MASTER: I will have an order prepared today and mailed to both parties. I thank you both for your diligence in having this matter resolved. MR. COLGAN: I did find the date of the petition. It is March 18. THE MASTER: Thank you very much. MR. ANDES: Thank you. MR. COLGAN: Thank you. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Vicky A. Stephenson Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Michael R. Rundle Support Master 4 ? ?? o ?? „ -r.. f-' n-?,i.. cn ?'t ? T n?T `' -?, F; N c' _iC ?' C l_.. N ?'^ -G W CI1 L< OROER(NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/19/05 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number RUPP AND MEIKLE PC 355 N 21 ST STREET CAMP HILL PA 16969 191-46-1451 Employee/Obligor's Social Security Number 1159101477 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 800. 00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ o. oo per month in current and past-due medical support $ 0. oo per month for genetic test costs $ per month in other (specify) for a total of $ 800.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 184.62 per weekly pay period. $ 369 .23 per biweekly pay period (every two weeks). $ 400.00 per semimonthly pay period (twice a month). $ goo, oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Empfoyee/Obfigor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: DEC 2 0 2005 DRO: R.J. Shadday Service Type M 640107236 0Original Order/Notice 05-97 CIVIL O Amended Order/Notice 0 Terminate Order/Notice RE: RUPP, RICHARD C. Employee/Obligor's Name (Last, First, MI) BY THE COURT: Edward E. u o, Judge Form EN-028 OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If LNecked you are required to provide a copy of this form to your mployee. If your employee works in a state that is different from the state that issued this order, a copy must be provi ed to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-Reportingthe PaydatefDate-ofWithhofding.-You-mustyeparttiie]paydate/clate-ofwithhoWingwhen-sen ng-thepaymenY.-The-- ages.. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Emp(oyee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2322104420 EMPLOYEE'S/OBLIGOR'S NAME: RUPP, RICHARD C. EMPLOYEE'S CASE IDENTIFIER: 1159101477 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I (.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 097"154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RUPP, RICHARD C. PACSES Case Number 640107236 Plaintiff Name LAURIE J. LANE Docket Attachment Amount 05-97 CIVIL $ 800.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(reN's Name(s): DOB ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren's Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment, through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No'. 09J0-0154 ?? ? T C ? ? ? T?i?- ?' ri?; ? [? S-n r err ? O `-i" .-. ?. -' r- \ -3 rn ' : . a W { IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION LAURIE J. LANE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. NO. 05 - 97 RICHARD C. RUPP CIVIL ACTION - LAW Defendant IN DIVORCE PETITION FOR EX - PARTE EMERGENCY RELIEF AND NOW COMES, Richard C. Rupp, Petitioner, Pro Se, who brings this petition which avers as follows: 1. Your Petitioner is Richard C. Rupp, an adult individual who resides at 22 Colgate Drive Camp Hill, Cumberland County, PA 17011 and who is the Defendant in the above captioned matter. 2. Respondent is Laurie J. Lane, who resides at 36 Scarsedale Road Cumberland County, Pennsylvania, and who is the Plaintiff in the above captioned matter. 3. Your Petitioner and your Respondent are married and are the Plaintiff and Defendant in the above captioned divorce action. 4. Your Respondent filed a Petition seeking alimony pendente lite (APL) in September 2005 against the Petitioner wherein the parties negotiate through their legal counsel to the sum of $800.00 per month payable from the Petitioner to the Respondent. 5. At the time the Respondent filed the Petition for APL against the Petitioner, the Petitioner was covered for major health and medical insurance, dental, and vision coverages on the Respondent's health coverage plan provided through her employer at the Hershey Medical Center. 6. When the parties negotiated the APL, the Petitioner was covered for medical coverages at no cost to him through the Respondent's health coverage, as stated above. 7. In the beginning of December, the Respondent advised your Petitioner that she was removing him unilaterally and without his permission from her health medical coverage and other plans. 8. The Respondent had previously advised the Petitioner that there was no additional costs for covering your Petitioner on her health and medical insurance coverages through Hershey Medical Center as she was carrying a"family plan" and as a spouse there is no additional premium for the spouse. 9. Despite the fact that there is no additional premium or costs to the Respondent, she is removing your Petitioner from her health and medical coverage plan unilateral and without any permission. r 10. Despite the fact that she had just two months earlier negotiated the alimony APL sum with your Petitioner, she then removes your Petitioner from her health coverages. 11. The Petitioner's attorney, Samuel Andes, sent a letter to her attorney to object to the Petitioner's removal but without any response from Respondent. A copy of said letter is attached hereto and incorporated herein by reference. 12. If your Petitioner must seek medical / health coverage for himself it will be expensive coverage for no rational reason which will harm his ability to provide the APL sum negotiated two months before with the Respondent through counsel. 13. For the above reasons, your Petitioner avers that Respondents removal of Petitioner from her health coverage this will be harmful to him and that the additional premium according to the Respondent was at no cost to her to keep your Petitioner on the medical health coverages as a spouse. 14. Your Petitioner seeks emergency relief to order the Respondent to cause the Petitioner to remain on her health coverages until this divorce action is resolved. 3 WHEREFORE, YOUR PETITIONER RESPECTFULLY REQUESTS THIS HONORABLE COURT TO ENTER AN EX - PARTE EMERGENCY ORDER PROVIDING THAT THE RESPONDENT LAURIE J. LANE CONTINUE TO CAUSE COVERAGE OF YOUR PETITIONER RICHARD C. RUPP ON HER HEALTH MEDICAL INSURANCE COVERAGE PLANS THROUGH HER EMPLOYER HERSHEY MEDICAL CENTER AS EXISTED PRIOR TO THE SEPTEMBER 21, ORDER FOR ALIMONY PENDENTE LITE. Respectfully Submitted, Richard C. Rupp, Pro Se irr Sup. Ct. I.D. No. 34832 355 Nth. 21" Street, Suite 201 Camp Hill, PA 17011 4 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 7815361 8 December 2005 Timothy J. Colgan, Esquire 130 West Church Road, Suite 100 Dillsburg, PA 17019 RE: Laurie J. Lane vs. Richard C. Rupp Dear Tim: FAX (7171 761-1a3s Ms. Lane recently notified my client that she was dropping his medical insurance coverage provided through her employment at Hershey. This creates a serious problem because of the expense for my client to replace that with insurance of his own. The problem is complicated by the fact that one of the arguments I used to persuade my client to pay the APL that he pays is that his wife was providing that health insurance. If she now removes that, Richard may want to go back and review the APL to have it reduced by the amount his own insurance will cost him. Frankly, I am surprised that your client would take this step now. We have some hope that we will get this case concluded in the near future but, until it is, putting the expense on my client of replacing his insurance is not only premature but it creates a problem on my side of the case persuading my client to cooperate to get the matter resolved. I do not expect the cost to her of maintaining the family coverage, which includes Richard, is very great and, once they are divorced, he can be removed from that and she will have the option at that time to substitute other, less expensive, coverage. Everything considered, I think that is a small investment in getting this case concluded without anymore animosity or difficulty. Please speak to your client and get back to me with her response when you can. Sincerely, Samuel L. Andes amh cc: Richard C. Rupp, Esquire CERTIFICATE OF SERVICE 1, Richard C. Rupp, Esq., do hereby certify that I am serving a true and correct copy of the foregoing document upon the person name below. Timothy J. Colgan, Esq. 130 W. Church Street, Suite 100 Dillsburg, Pennsylvania 17019 Richard C. Rupp, Esq. Attorney I.D. No. 34832 355 Nth 21' Street, Suite 201 Camp Hill, Pennsylvania 17011 (717) 761-3459 2 GQ Date: /V > > ?,'.7 ;, r? .?, i... `?,.,? { T F i t ?:.., r? , i _ i?.J u? iC G.'-> ?..i .ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION LAURIE J. LANE Plaintiff Order No. 05 - 97 - CIVIL PACSES Case No. 640107236 VS. RICHARD C. RUPP Docket No. 05 - 97 CIVIL Defendant OBJECTION TO NOTICE OF ATTACHMENT To: DOMESTIC RELATIONS SECTION, COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA. The Defendant objects to the Notice of Attachment on the following grounds: • The Defendant believes that he was not more than one month in arrears as of December 19, 2005 on the following grounds: A. Defendant believes that initial payment which was by check directly to the Plaintiff and not through DRO or SCDU was not credited to the Defendant's account. This check was in the sum of $400.00. B. That a previous payment was not credited to the account this payment would have been in the sum of $400.00. C. The Defendant had just been made a payment on the Dec. 19, 2005 date. This payment would have been in the sum of $400.00. D. Defendant has attached his Date: Richard C. Rupp, Esq. Defendant IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION LAURIE J. LANE : Order No. 05-97-CIVIL PLAINTIFF : PACSES Case No. 640107236 Vs. RICHARD C. RUPP DEFENDANT ATTACHMENT TO OBJECTION "APL" Dollar Amounts paid by Richard C. Rupp pursuant to Court order dated September 21, 2005. Date Check Payable Amount 9/30/05 37516 Laurie Lane $400.00 10/11/05 37544 PA SCDU 400.00 11/02/05 37595 PA SCDU 400.00 11/15/05 37628 PA SCDU 400.00 12/19/05 37723 PA SCDU 400.00 12/28/05 37739 PA SCDU 400.00 CERTIFICATE OF SERVICE 1, Richard C. Rupp, Esq., do hereby certify that 1 am serving a true and correct copy of the foregoing document upon the person name below. Attorney Timothy I Colgan, Esq. 130 W. Church Street, Suite 100 Dillsburg, Pennsylvania 17019 Richard C. Rupp, Esq. IFIV Attorney I.D. No. 34832 355 Nth 21" Street, Suite 201 Camp Hill, Pennsylvania 17011 (717) 761-3459 Date: l O- rZ 2?? , - ., =r, , ' , _, ` ?? ` ?? ; , , ,. '?, 4 , ;r, __ -_, ?: ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 1 04C k0-1 ??' _ O Amend Or State Commonwealth of Pennsylvania lv'TLJ G`-J?l? Co./City/Dist. of CUMBERLAND O Amended Order/Notice Date of Order/Notice 12/29/05 c) C-A1 C1v1L OTerminate Order/Notice Case Number (See Addendum for case summary) RE: RUPP, RICHARD C. EmployerAVithholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) RUPP AND MEIKLE PC 355 N 21 ST STREET CAMP HILL PA 16969 191-46-1451 Employee/Obligor's Social Security Number 1159101477 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current support $ o . 00 per month in past-due support Arrears 12 weeks or greater? Q yes ® no $ o . 00 per month in current and past-due medical support $ o . o o per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. o o per weekly pay period. $ o . o o per biweekly pay period (every two weeks). $ 0. 00 per semimonthly pay period (twice a month). $ o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: DEC 2 9 2005 - % F Form EN-028( Service Type M OMB No. 097"154 Worker l D 2 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? if hecke you are required to provide a copy of this form to your employee. If your employee works in a state that is di Brent rom the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* ayameiu4LU Ui v ni o I Ulu '1 1s.. - I J-..-5'- rvr" ...... ..... wager. You must comply with the law of the payda state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2322104420 EMPLOYEE'S/OBLIGOR'S NAME: RUPP, RICHARD C. EMPLOYEE'S CASE IDENTIFIER: 1159101477 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: * NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I ].Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at L717) 240-6225 or by FAX at 71 0-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No.: 0970.0154 Form EN-028 Worker ID 21005 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RUPP, RICHARD C. PACSES Case Number 640107236 Plaintiff Name LAURIE J. LANE Docket Attachment Amount 05-97 CIVIL $ 0.00 Child(rem's Name(s): DOB ? If checked, you are required to enroll the child(rem identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Nurnber Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(rem's Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID 21005 OMB No.: 09]0-0154 C: ?. t y •! ?1 - o --+ - -?- c 1 rr CJ -rrlr, C: J ?- ? '; ( _ .. i.? ;; r;; ' G? -i [T L_'7 '] U LAURIE J. LANE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD C. RUPP : NO. 2005 - 0097 CIVIL TERM ORDER OF COURT AND NOW, this 30TH day of DECEMBER, 2005, the "Petition for Ex-Pane Emergency Relief' is DENIED. A hearing thereon is scheduled for THURSDAY, JANUARY 5, 2006, at 1:00 p.m, in Courtroom # 5. Edward E. Guido, J. Timothy J. Colgan, Esquire 130 West Church Street, Suite 100 Dillsburg, Pa. 17019 Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, Pa. 17043 /A'? sld _ ' i In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) vs. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number ORDER TO CREDIT ARREARS AND NOW, on this 2ND DAY OF FEBRUARY, 2006 IT IS HEREBY ORDERED that credit be given on the above captioned case in the amount of $ 400.00 . There ® is O is not an agreement of the parties to the credit. This credit is for: ® Direct Payments. ? Purchases made or services performed by the Defendant on behalf of the Plaintiff or children. ? Time children resided with the Defendant as agreed upon by parties, or addressed in a partial custody order for the following time periods: From to From to From to ® Other: DEFENDANT IS TO HAVE THE ACCOUNT PAID IN FULL IN THE AMOUNT OF $1,200.00 ON OR BEFORE 2/17/06 AND TO RESUME SEMI-MONTHLY PAYMENTS THEREAFTER. Plaintiff Date Defendant Date BY THE COURT: FE B 0 2 2005 Date Service Type M Edward E. uid JUDGE Form FI-002 Worker ID 21005 ? r? ' c> L. ?'? ? j r7 "rl ? --i ii^,„ - ' ?.._?`Jp L J ;1,?.` Cv -?C) ?? _ i-- G.7 .. :..7 r`? i -.. A.) ?_ .? JW) 3 ? 2005 0 WASHINGTON MUTUAL BANK, F.A. S/l/I HOMESIDE LENDING, INC., PLAINTIFFIRESPONDENT Vs. DONNA M. BERDNICK N/KJA DONNA M. GOODHALL DEFENDANT. MEMBERS 1 ST FEDERAL CREDIT UNION PETITIONER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 05-352 CIVIL ACTION-LAW ORDER AND NOW, this d? day of F ? , 2006, upon consideration of the foregoing petition, it is hereby ordered that: (1) a rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an answer to the petition within ten (10) days of service upon the Respondent; (3) the petition shall be decided under Pa. R.C.P. No. 206.7; (4) argument shall be held on February 17, 2006 at 2:30 P.M. in courtroom #3 of the Cumberland County Court House; and (5) notice of the entry of this Order shall be provided to all parties by the Petitioner. Edward E. Guido, J. t,tf I 1 0 tld Z- GIA 90o1 ti i! _ wrt C e; -Hi 30 _ ^ CElll? ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Disc. of CUMBERLAND Date of Order/Notice 02/20/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number RUPP AND MEIRLE PC 355 N 21 ST STREET CAMP HILL PA 16969 0 Original Order/Notice 640107236 O Amended Order/Notice 05-97 CIVIL O Terminate Order/Noiice RE: RUPP, RICHARD C. Employee/Obligor's Name (Last, First, MI) 191-46-1451 Employee/Obligor's Social Security Number 1159101477 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 800. oo per month in current support $ o . o o per month in past-due support Arrears 12 weeks or greater? O yes (D no $ 0.00 per month in current and past-due medical support $ o . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 800.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 184 .62 per weekly pay period. $ 369.23 per biweekly pay period (every two weeks). $ 400. oo per semimonthly pay period (twice a month). $ goo. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: ?J DRO: R.J. Shadday Service Type M BY THE COURT: Edward E. do, Judge Form EN-028 OMe,No_ 09700154 WorkerlD $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. If your employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. *-Reporting the-Payd-ate/Daterof Withholding- You-mmt-reportthepaydate/datemf withholding when sending the-payment. -The-- paydate/datebf withhotding-isthe-date-onwhicfrannotmt wa"vafThefd-from-theemplayee`s wager. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2322104420 EMPLOYEE'S/OBLIGOR'S NAME: RUPP, RICHARD C. EMPLOYEE'S CASE IDENTIFIER: 1159101477 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law fordischarging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I I - Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 OMB No. 0970-01 SJ Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RUPP, RICHARD C. PACSES Case Number 640107236 Plaintiff Name LAURIE J. LANE Docket Attachment Amount 05-97 CIVIL $ 800.00 Child(reN's Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Chikhren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M OMB No.: 0970 0154 Worker ID $IATT ,? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) VS. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number PETITION FOR CONTEMPT - DEFENDANT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. Petitioner is CUMBERLAND County Domestic Relations Section. 2. Defendant is RICHARD C. RUPP who resides at STE 205, 355 N 21ST ST, CAMP HILL, PA. 17011-3707-55 3. On SEPTEMBER 21, 2005 an order of support was entered by the Honorable Court directing Defendant to pay the sum of $ 800.00 per month for the support of his/her dependent(s). 4. Defendant has failed to comply with the order as entered by the Court by failing to: ® pay as ordered. ? provide information which was ordered. ® appear as ordered. ® other: Last payment made on this account was on 3/8/06. 5. The arrearages under the Order amount to $ 4,800.00 as of JUNE 19, 2006 WHEREFORE, Petitioner prays that the Court issue an order directing the attendance of Defendant at a hearing of said Petition and hereafter to make an adjudication of contempt. I verify that the statements made in this Petition are true and correct to the best of my knowledge. I understand that false statements herein are made to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. --A ?L. JUNE 27, 2006 R. J. SHADDAY / Date Signature Form EN-007 Service Type M Worker ID 21005 - -ii I % In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) VS. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number ORDER OF COURT Legal proceedings have been brought against you alleging you have wilfully disobeyed an Order of Court. 1. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the Court your defenses or objections. 2. You, RICHARD C. RUPP appear in person in court on AUGUST 10, 2006 , at COURT ROOM 3 , Respondent, must 9: RAM , in CUMBERLAND CO COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA. 17013 IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST AND YOU MAY BE COMMITTED TO JAIL. 3. If the Court finds that you have wilfully failed to comply with its order you may be found to be in contempt of court and committed to jail, fined, or both. Service Type M Form EN-528 Worker ID 21600 LANE V. RUPP PACSES Case Number: 640107236 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUM13ERLAM County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. BY THE COURT: Date of Order: JUN 2 7 2006 S ;e JUDGE Service Type M Page 2 of 2 Form EN-528 Worker ID 21600 I G- ""` Cam- ill f . 1 , } ..Y1 LAURIE J. LANE, : IN THE COURT OF COMMON PLEAS Plaintiff; : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-47 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) PETITION FOR SPECIAL RELIEF AND SPECIFIC PERFORMANCE AND NOW, comes the Plaintiff, by and through her attorney, Timothy J. Colgan, Esquire of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and submits this Petition for Special Relief and Specific Performance as follows: The Plaintiff is Laurie J. Lane who currently resides at 36 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Richard C. Rupp whose present address in Cumberland County is unknown, and who has a principal place of business at 355 North 21" Street, Suite 205, Camp Hill, Cumberland County, Pennsylvania. A Complaint in Divorce was filed on January 6, 2005 raising additional counts for equitable division of marital property, alimony, alimony pendente lite, counsel fees and costs. 4. A Motion for Appointment of Master was filed on June 22, 2005, following which E. Robert Elicker, II was appointed Divorce Master on June 27, 2005. 5. Included in the marital property to be distributed are two properties owned individually by the Defendant, Richard C. Rupp, located at 22 Colgate Drive and 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. & Though the properties are titled to the Defendant, the increase in the value of the properties during the marriage of Plaintiff and Defendant is considered marital property to be distributed and represents the largest assets in the marital estate. Y 7. These properties are presently listed on the Tax Sale List for September 21, 2006 for Cumberland County due to Defendant's failure to pay property taxes from tax year 2004. 8. The property located at 22 Colgate Drive, Camp Hill, Tax Parcel ID Number 13- 23-0547-539, has a tax deficiency of $2,769.85. 9. The property located at 1163 Kingsley Road, Camp Hill, Tax Parcel ID Number 13-23-0545-336, has a tax deficiency of $1,892.38. 10. Defendant's failure to pay the property taxes on these properties, subjecting them to potential tax We, has caused prejudice to Plaintiff in that Defendant is failing to preserve the marital equity in the properties. 11. Plaintiff submits that This Honorable Court should exercise its equity power and jurisdiction, as granted by 23 Pa.C.S.A. § 3323(f), to compel Defendant to immediately pay to the Tax Claim Bureau $4,662.23 or the amount sufficient to pay the delinquent taxes on each property and remove said properties from the Tax Sale List. WHEREFORE, Plaintiff respectfully requests than an order be entered requiring Defendant to pay to the Tax Claim Bureau $4,662.23 or the amount sufficient to pay the delinquent taxes on each property and remove said properties from the Tax Sale List. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO Timothy J. edlggn )BW*e 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 ?? I.D. # 77944 Date: 7/'/fO6 SEP-08-2006 FRI 09:53 AM UPG MIDDLETOWN 09/0012006 00:37 7174320426 FAX NO. 717 948 0488 P. 01/01 THE WILEY GFUR PAGE 05/06 LAURIE J. JANE, INTO COURT OF COMMON PLEAS PlshttilY CUMERLAND COUNW, FM1NS`lLVANIA v NO, 05.97 CM TERM RICHARD C. RUPP, Dohndsm. cpm AMON - LAW (Dlvom) J, Laurie J. Lmo, verify that the atstaments made in this Petition arc true and cou" to do beet *(my bxmisdge, inbortaation, and belief. I understand that false do manta herein are made subject to the penalties of 18 Pa. CO- $ 4904, relating to umw= hUfficatiao to authorities. Date: 4- I7 - a -a ? J. LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing Petition for Special Relief and Specific Performance by first class mail, postage pre-paid as follows: Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21" Street, Suite 205 Camp Hill, PA 17011 WILEY, LENOX, COLGAN & MARZZACCO By: Timothy J. ire Dated: 911110b N ? p ? ? ? f U% ? T J i ' t'?i {1t 5? _.. _ ) t.J -1' .'1 ?'Y ? 1:. ) ?W r? C? r' r_,'.? ? 1'.r :? SEP 1 1 NO i LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) ORDER AND NOW, this L day of 2006, upon consideration of the attached Petition for Special Relief and Specific Performance, it is hereby ORDERED, ADJUGED AND DECREED that Defendant shall immediately pay the past due and delinquent taxes for the properties located at 22 Colgate Drive and 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania in the amount of $4,662.23 or the amount sufficient to pay the delinquent taxes on each property and remove said properties from the Tax Sale List scheduled for September 21, 2006. IN THE ALTERNATIVE, it is directed that the parties shall appear for a hearing on Ik 2006 at *-'41r A.m. in Courtroom No. of the Cumberland County Courthouse. B J. D?' rbution: „Tothy J. Colgan, Esquire ichard C. Rupp, Esquire r(CLvnu,:t1 L. 'AhoeS, U b ArD, U1 pq. ?P g n. t ? ? l ? , a i, J _ . k ?? 1 ? .. r }? '' .. LAURIE J. LANE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 18th day of September, 2006, after hearing, it is ordered and directed that the Defendant, Richard C. Rupp, immediately pay sufficient sums to the Tax Claim Bureau to remove the properties from the upcoming tax sale scheduled for September 21, 2006. In the alternative, Plaintiff may pay said sums, in which event Defendant shall reimburse her within 10 days of the payment thereof. By the ,Court, Edward E. Guido, J. mothy L. Colgan, Esquire For the Plaintiff ?m L. Andes, Esquire ichard C. Rupp, Esquire 1 Sheriff / U4 \-P srs low In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) vs. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number PETITION FOR CONTEMPT - DEFENDANT TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. Petitioner is CUMBERLAND County Domestic Relations Section. 2. Defendant is RICHARD C. RUPP who resides at C/O RUPP AND MEIKLE PC, 355 N 21ST ST, CAMP HILL, PA. 17011-3707-99 3. On SEPTEMBER 21, 2 0 0 5 an order of support was entered by the Honorable Court directing Defendant to pay the sum of $ a o 0.0 0 per month plus $ o . o o per month in arrears for the support of his/her dependent(s). 4. Defendant has failed to comply with the order as entered by the Court by failing to: ® pay as ordered. ® provide information which was ordered. ? appear as ordered. ® other: No payments since court on 8/10/06. 5. The arrearages under the Order amount to $ 5, 7 0 0.0 0 as of OCTOBER 3, 2 0 0 6 WHEREFORE, Petitioner prays that the Court issue an order directing the attendance of Defendant at a hearing of said Petition and hereafter to make an adjudication of contempt. I verify that the statements made in this Petition are true and correct to the best of my knowledge. I understand that false statements herein are made to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. OCTOBER 3, 2006 Date Service Type M R. J. SHADDAY l t1 Signature Form EN-007 Rev. 1 Worker ID 21600 r )"11L. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) VS. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number ORDER OF COURT Legal proceedings have been brought against you alleging you have wilfully disobeyed an Order of Court. 1. If you wish to defend against the claim set forth in the following pages, you may, but are not required to, file in writing with the Court your defenses or objections. 2. YOU, RICHARD C. RUPP , Respondent, must appear in person in court on NOVEMBER 30, 2006 , at 9:30AM , in COURT ROOM 3 CUMBERLAND CO COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA. 17013 IF YOU DO NOT APPEAR IN PERSON, THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST AND YOU MAY BE COMMITTED TO JAIL. 3. If the Court finds that you have wilfully failed to comply with its order you may be found to be in contempt of court and committed to jail, fined, or both. Service Type M Form EN-528 Worker ID 21600 or P%. LANE V. RUPP PACSES Case Number: 640107236 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 62 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. BY THE COURT: 00 0 3 2006 Date of Order: Service Type M Page 2 of 2 i 5 .000 JUDGE Form EN-528 Worker ID 21600 -, " c-+ -t~r _ S } `i 0 In the Court of Common Pleas of Cumberland County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE Plaintiff VS. RICHARD C. RUPP Defendant DOCKET NUMBER 05 - 97 CIVIL PACSES CASE NO. 640107236 DOMESTIC RELATIONS SECTION MOTION FOR CONTINUANCE AND NOW COMES, your Movant, Richard C. Rupp, Esq., who makes the following Motion as follows: 1. Your Movant, Richard C. Rupp representing himself as legal counsel in the above domestic matter, moves for a continuance for the following reasons: 2. A hearing is scheduled for November 30, 2006 in the above captioned Domestic Relations matter regarding spousal support owed from your Movant to Plaintiff. 3. Your Movant, Defendant has recently discovered that the Respondent, Plaintiff during their marriage took rental checks payable solely to Defendant from Defendant's rental real property titled solely in Defendant's name which Plaintiff deposited into Plaintiffs bank account titled in Plaintiffs name alone without the authorization , knowledge nor permission of Defendant. 4. The Plaintiff obtained Defendant's rental property rental payments and converted said payments to Plaintiffs sole use and ownership to the detriment of Defendant's rights and ownership. 5. By reason of this Defendant if entitled to a credit toward Defendant's support arrearage. 6. Your Movant, Defendant, and the Respondent, Plaintiff, are scheduled to appear in front of the Cumberland County Divorce Master on December 1, 2006. 7. As these matters are directly related and pertain to the parites' divorce, the issues raised should be brought before the Divorce Master, as a matter of fairness and economic justice and an economy of judicial time. 8. Attorney Timothy Colgan, legal counsel for Plaintiff Laurie Lane, has been notified and opposes this Motion. WHEREFORE, your Movant respectfully requests this Honorable Court to continue the above referenced hearing generally. RUPP Richard C. Rupp, Esq. Pro Se VERIFICATION Richard C. Rupp, Esq. verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to penalties of 18 Pa. C.S.A. *4904 relating to unsworn falsification to authorities. Date: / /- z ?- O Richard C. Rupp, CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing document upon the person named below by telefaxing and US Mail First Class, prepaid as follows: Timothy Colgan, Esq. 130 W. Church St. #100 Dillsburg, PA 17019 Ms. R.J. Shadday Domestic Relations Section 13 N. Hanover St., P.O. Box 320 Carlisle, PA 17013 Robert E. Elicker, 11, Esq. Divorce Master 9 N. Hanover St. Carlisle, PA 17013 Date: It- Z3 -U Cn Attorney I.D. # 34832 355 North 21' Street, Suite 201 Camp Hill, Pennsylvania 17011 (717) 761-3459 C7 O ? T! c? 73 m Fn ;?C In the Court of Common Pleas of Cumberland County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE Plaintiff Vs. RICHARD C. RUPP . Defendant DOCKET NUMBER 05 - 97 CIVIL PACSES CASE NO. 640107236 DOMESTIC RELATIONS SECTION MOTION FOR CONTINUANCE AND NOW COMES, your Movant, Richard C. Rupp, Esq., who makes the following Motion as follows: 1. Your Movant, Richard C. Rupp representing himself as legal counsel in the above domestic matter, moves for a continuance for the following reasons: 2. A hearing is scheduled for November 30, 2006 in the above captioned Domestic Relations matter regarding spousal support owed from your Movant to Plaintiff. 3. Your Movant, Defendant has recently discovered that the Respondent, Plaintiff during their marriage took rental checks payable solely to Defendant from Defendant's rental real property titled solely in Defendant's name which Plaintiff deposited into Plaintiffs bank account titled in Plaintiff's name alone without the authorization , knowledge nor permission of Defendant. 4. The Plaintiff obtained Defendant's rental property rental payments and converted said payments to Plaintiffs sole use and ownership to the detriment of Defendant's rights and ownership. 5. By reason of this Defendant if entitled to a credit toward Defendant's support arrearage. 6. Your Movant, Defendant, and the Respondent, Plaintiff, are scheduled to appear in front of the Cumberland County Divorce Master on December 1, 2006. 7. As these matters are directly related and pertain to the parites' divorce, the issues raised should be brought before the Divorce Master, as a matter of fairness and economic justice and an economy of judicial time. 8. Attorney Timothy Colgan, legal counsel for Plaintiff Laurie Lane, has been notified and opposes this Motion. WHEREFORE, your Movant respectfully requests this Honorable Court to continue the above referenced hearing generally. itted, RUPP Richard C. Rupp, Esq. Pro Se VERIFICATION I Richard C. Rupp, Esq. verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of IS Pa. C.S.A. *4904 relating to unsworn falsification to authorities. Date: / ` ? z ?- O (V CERTIFICATE OF SERVICE 1, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing document upon the person named below by telefaxing and US Mail First Class, prepaid as follows: Timothy Colgan, Esq. 130 W. Church St. #100 Dillsburg, PA 17019 Ms. R.J. Shadday Domestic Relations Section 13 N. Hanover St., P.O. Box 320 Carlisle, PA 17013 Robert E. Elicker, II, Esq. Divorce Master 9 N. Hanover St. Carlisle, PA 17013 Date: 1(- Z3 -0(-Q Attorney I.D. # 34832 355 North 21 ' Street, Suite 201 Camp Hill, Pennsylvania 17011 (717) 761-3459 f rv C=Y 0 r C D V { CD S r L, C7 r"- 1Ti -j Cl, .X Cn? ??tt11 rt? - Fn v G; W c?CJ ? N Ca LAURIE J. LANE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT RICHARD C. RUPP, NO. 05-97 CIVIL Defendant PACSES NO. 640107236 IN RE: CONTINUANCE ORDER OF COURT AND NOW, this 30th day of November, 2006, upon the belated request of the Defendant, this matter is continued to December 14, 2006, at 9:30 a.m. The Defendant is directed to pay Plaintiff's counsel's fees for today's appearance within 10 days. Derek R. Clepper, Esquire For D.R.O. Timothy J. Colgan, Esquire The Wiley Group 130 West Church Street Suite 100 Dillsburg, PA 17019 For the Plaintiff Richard C. Rupp, Esquire Rupp & Meikle, P.C. 355 North 21st Street Suite 201 Pro Se D.R.O. Prothonotary :mlc IY t•'? { I! i• 9 ? ;C Pd fi ° "111, 9!0 0Z -Hi JO 12/01/2006 10:39 7174320426 THE WILEY GROUP PAGE 02/05 IN THE COURT OF COMMON LEAS CUMBERLAND COUNTY, PENNSYLVANIA, LAURIE J. LANE, Plaintiff NO. 05 4 as a3 ( Term * vs. * RICHARD C. RUPP, ,? Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT! 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on January C, 2005. 2. The marriage of Plaintiff and Defendant is irretrieva.bl. broken and ninety (90) days have elapsed from the date of riling and service of the Complaint, 3. 1 consent to the entry of a final decree of divorce after ?crvice of notice of intention to request entry of the decree. i verify that the statements iliade i» this a(.. idavit are true and correct. I understand that false statements made herein, are subject to the penalties of 18 Pa.l C.S. §4904 relating to unswom falsification to authorities. 1Z- -a? Date J urie .1. = C G TI crn .. a r! 12/01/2006 10:39 7174320426 THE WILEY GROUP PAGE 03/05 IN THE COURT OF COMMON LEAS CUMBERLAND COUNTY, PENNS LVANI,,A LAURIE J. LANE, Plsinhiff vo. RICHARD C. RUPP, Defendant 05.97 NO. -Civil Term CIVIL AC#'.ION - LAW IN DIVORCE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, llldivi.sion. of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. I 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after iit is filed with the Prothonotary. I verify that the statements .made in this affidavit are true ao.d correct. I understand that false statements made herein are subject to the penalties of 18 Pa. O.S. §4904 relating to unsworn falsification to authorities. IZ-1-- Jante 7) O 6 ? ft1 i'i l '-- Ln c) e "ice c f ---'? 12/01/2006 10:39 7174320426 THE WILEY CROUP PAGE 04/05 IN THE COURT OF COMMON , LEAS CUMBERLAND COUNTY, PENNSYLVANIA LAURIE J. LANE, plain jiff vs. RICHARD C. RUPP, Defendant * NO. 19fr-0Civil Term * CIVIL AC ION - LAW IN DIVORCE * * AFFIDAVIT OF CONSENT 1,. A complaint in Divorce under. §3301(c) of the Divorce Code was filed on Jauuary 6, 2005. 2. The marriage of Plaintiff and Defendant is irretrievab.l? broken and ninety (90) days have elapsed from the date of filing and service of the Complain. 3..T. consent to the entry of a final decree of divorce after I?ervice of notice of intention to request entry of the decree. II I verify that the statements made in, tbi.s affidavit are true and co,)Tect. I understand that false statements made herein are subject to the penalties of 18 Pa 904 rel" t? unsworn falsification to authorities. Date Richard. C. upp Defendant ? 4. C'3 c ° C%=0 Q CZM rliz r t en, r' Q ; j ?t ? I 12/01/2006 10:39 7174320426 THE WILEY GROUP IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAURIE, J. LANE, Plaintiff VS. RICHARD C. RUPP. Defendant Defendant. C'?97 * NO. -4 * CIVIL i * * CIVIL A Term PAGE 05/05 - LAW IN DIVORCE - DIVORCE 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 'Pees, or cxpenses if I do not claim them before a divorce is granted. 3. I understand that .I will not be divorced until a divorceldecree is entered by the Court and that a copy of the decree will be sent tome immediately afte# it is filed. with the Prothonotary. i verify that the statements made in this affidavit are true and correct. I understand that. false statements made herein are subject to the penalties of 18 Pa} C.S. §4904 relating to unswom.. falsi.ficatio.n. to auth.o0ties. Date Richard C.., upp Defendant Mr- _. :. ttJ LAURIE J. LANE, Plaintiff VS. RICHARD C. RUPP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 97 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this I ? 141 day of Loar , 2006, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated December 8, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, W?oo oEdgar B. Bayley, P.J. cc: mothy J. Colgan Attorney for Plaint Achard C. Rupp Defendant >- can Cl) ? vi N ra„ ' LAJ C.j ?n w? N C) MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 5 day of 2006, by and between RICHARD C. RUPP, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND") and LAURIE J . LANE, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on July 12, 1997 in Carlisle, Pennsylvania; WHEREAS, HUSBAND and WIFE are the parents of no minor children; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other parry which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The Divorce Complaint also included claims for equitable distribution, alimony, alimony pendente lite, counsel fees and costs. The parties hereby express their agreement that the marriage is irretrievably broken. The parties executed Affidavits of Consent and Waivers of Notice on December 1, 2006. The parties agree to execute any other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the 2 same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: WIFE shall be permitted to claim against the estate of HUSBAND in the event of HUSBAND's demise, for any amounts due to WIFE if HUSBAND dies prior to the balance due to WIFE being paid in full. Upon payment in full of HUSBAND to WIFE, WIFE thereafter remises, releases, quit-claims and forever discharges HUSBAND and the estate of HUSBAND, for all time to come, and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of HUSBAND or against the estate of HUSBAND, of whatever nature and wheresoever situated, which she now has or at any time hereafter may have against HUSBAND, the estate of HUSBAND or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of HUSBAND or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which WIFE may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 3 Upon signing of this Agreement, HUSBAND remises, releases, quit-claims and forever discharges WIFE and the estate of WIFE, for all time to come, and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of WIFE or against the estate of WIFE, of whatever nature and wheresoever situated, which he now has or at any time hereafter may have against WIFE, the estate of WIFE or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of WIFE or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which HUSBAND may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: WIFE has been represented by Timothy J. Colgan, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. HUSBAND has acted as his own legal counsel and has, at times, during these divorce proceedings, consulted with Samuel Andes, Esquire or has 4 otherwise had the opportunity to consult with counsel of his choosing, but at the time of signing this Agreement, has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: There are several items of personalty of WIFE which remain in the attic at 22 Colgate Drive, Camp Hill, PA. HUSBAND and WIFE will arrange a mutually convenient time for WIFE to retrieve the items from the attic and thereafter, the distribution of personalty will be deemed complete. A* jAb" fhow.. I t/t; After WIFE retrieves the items listed above, the parties will have divided between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. 5 After WIFE retrieves the items listed above, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. CASH PAYMENT: The parties agree that in consideration of the provisions of this Agreement, HUSBAND shall pay to WIFE the amount of $50,000.00 on or before February 28, 2007, of which $10,000.00 is apportioned to Alimony Pendente Lite arrearage and $40,000.00 is attributed to equitable distribution of property. This payment represents a global resolution of the economic claims between the parties and is in satisfaction of WIFE's interest in the marital estate, arrearages owed for alimony pendente lite since March 2005 and WIFE's attorney fees. If payment in full is not made on or before February 28, 2007, the parties shall proceed according to the terms set forth in Paragraph Thirteen (13) and HUSBAND agrees that alimony shall thereafter accrue, payable to WIFE, at $800.00 per month until the amount due to WIFE is satisfied in full. 13. DIVISION OF REAL ESTATE: The parties acknowledge that HUSBAND owns two properties respectively located at 22 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania and 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. HUSBAND shall retain sole and exclusive ownership and possession of said properties. In order to satisfy the $50,000.00 payment to WIFE by February 28, 2007, HUSBAND agrees to immediately list for sale the property located at 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. The parties shall agree upon a realtor to conduct the listing and sale of said property. If the parties cannot agree to a realtor, each shall choose a realtor and the two chosen realtors shall choose a third, neutral realtor, who shall be responsible for listing the property for sale. The property shall be listed for sale no later than December 15, 2006. HUSBAND shall execute an authorization to permit Timothy J. Colgan, Esquire and Laurie Lane to obtain and receive all information regarding the properties including any listing contract, listing price, showings, offers or contracts for sale. Only offers from bona fide qualified purchasers shall be accepted. If HUSBAND is able to refinance the mortgage to satisfy the debt to WIFE in full by February 28, 2007, HUSBAND shall thereafter be permitted to terminate the listing. If the property does not sell or HUSBAND is not otherwise able to satisfy the debt to WIFE by May 31, 2007, the 6 property shall be listed for public sale with a reputable auctioneer to be chosen by the mutual agreement of the parties or in the same manner as the realtor was chosen. As set forth in Paragraph Twelve (12), if WIFE is not paid in full by February 28, 2007, a springing Alimony obligation will arise in the amount of $800.00 per month until the $50,000.00 payment owed to WIFE plus the accrued Alimony obligation is paid in full. The reserve bid at the public sale shall be the amount necessary to satisfy all liens on the real estate, including tax liens and mortgages, plus the total amount due to WIFE by the date of the sale. The public sale shall occur no later than July 31, 2007. If the property sells at the public sale, closing shall occur not later than forty-five (45) days after the public sale. If the sale of the property located at 1163 Kingsley Road is insufficient to satisfy the debt owed to WIFE, the property located at 22 Colgate Drive shall be immediately listed for sale in the same manner as the Kingsley Road property. HUSBAND shall have ninety (90) days from the closing on the Kingsley Road property to sell the property located at 22 Colgate Drive or refinance the property to satisfy any unpaid portion to WIFE. If after ninety (90) days has passed since the closing on the Kingsley Road property and the debt to WIFE is not paid in full, the property at 22 Colgate Drive shall be listed for public sale in the same manner as the Kingsley Road property. The reserve bid at the public sale shall be the amount necessary to satisfy all liens on the real estate, including tax liens and mortgages, plus the total amount due to WIFE by the date of the sale. The public sale shall occur no later than November 15, 2007. If the property sells at the public sale, closing shall occur not later than forty-five (45) days after the public sale. As set forth in Paragraph Twelve (12), if WIFE is not paid in full as a result of the sale of the Kingsley Road property, HUSBAND's Alimony obligation shall continue in the amount of $800.00 per month until the total debt owed to WIFE is paid in full. HUSBAND shall remain solely responsible for any and all payments related to the mortgage, real estate taxes, homeowner's insurance and maintenance of said properties, and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments thereupon. After WIFE is paid in full under the terms of this Agreement, she thereafter waives her right to claim any equity which may exist in these properties in consideration of the various covenants and promises made herein. HUSBAND further agrees to indemnify and hold WIFE harmless for any 7 tax deficiency or other liabilities on either property that may have occurred during the marriage of the parties. 14. SUSQUEHANNA BANK ACCOUNTS: HUSBAND and WIFE are joint owners of three (3) Certificate of Deposit accounts (CDs) and a savings account at Susquehanna Valley Federal Credit Union. Specifically, the parties own three (3) CD's that, at the date of separation in October 2003, were in the approximate amount of $11,094.83, $10,800.47 and $14,382.72 respectively. HUSBAND and WIFE agree that the three CDs and the savings account at Susquehanna Valley Federal Credit Union shall become the sole and separate property of WIFE. HUSBAND specifically waives all right, title and interest in said accounts. 15. OTHER BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 16. MOTOR VEHICLES: The parties have divided between them, to their mutual satisfaction, all vehicles owned during their marriage. Both parties agree that neither party will make any claim to any such vehicles which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waive, release, renounce and forever abandon whatever claim or claims he or she may have with respect to any vehicle which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. Each party is responsible for the vehicles distributed to them, including the payment of insurance and maintenance, and each party agrees to indemnify and hold harmless the other party for failure to make payments thereon. Further, each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 17. DEBT: It is agreed that the parties have accumulated debt during the marriage and that said debt has been divided to the mutual agreement of the parties. HUSBAND shall be responsible for and shall fully assume the balances on the debts distributed to him pursuant to this Paragraph and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments as prescribed herein. WIFE shall be responsible for and shall fully assume the balances on the debts distributed to her pursuant to this Paragraph and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments as prescribed herein. Specifically, HUSBAND agrees to indemnify and hold WIFE harmless against any tax liabilities, personal, real estate or otherwise, that may have accrued during the marriage. 18. PENSIONS /RETIREMENT ACCOUNTS: Both parties hereby waive any right, title or interest they may have in any retirement or pension plan owned by the other party. 19. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 20. HEALTH INSURANCE: Each party shall be responsible for providing their own *I- .n "! Rwrrs "4A. TA?. health insurance coverage from the date of rward. bri 21. ALIMONY: HUSBAND shall owe to WIFE alimony in the amount of $800.00 per month beginning March 1, 2007 and for each month thereafter until she is paid $50,000.00 plus all accumulated alimony as of the date of payment in full. Payments shall accrue but shall not be payable until the sale or refinance of the real estate as provided for in Paragraph Thirteen (13). Thereafter, except as provided for above, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 21. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 9 22. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, HUSBAND will indemnify and hold harmless WIFE from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by HUSBAND. 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: WIFE specifically reserves the right to make a claim against HUSBAND's estate for any money due hereunder should HUSBAND die prior to satisfying his obligation to WIFE. Except to the extent that the debt to WIFE has not been fully satisfied 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 shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory 10 allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the 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 such interests, rights and claims. 27. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common 11 Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 33. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. 2 LAURIE J. RICHARD C. RUPP Timothy J_ o gEsquire 12 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE Plaintiff Docket Number ) PACSES Case Number Other State ID Number 05-97 CIVIL Vs. RICHARD C. RUPP Defendant AND NOW to wit, this Order 640107236 DECEMBER 11, 2006 it is hereby Ordered that: the contempt petition filed October 3, 2006, is dismissed. r, x c:) te,., '13 r .? N Crt .+ y C? C C ? r {n C --I- Ul) r---) BY THE COURT: JUDGE Form OE-001 Service Type M Worker ID 21600 C? ? ? n ..-? _L,?'A sue--, C"? ca 4? ..-- .3 j T'? :.:?C:.. rr_ i '? ` ' . ; , , ? ?,--? 1 S 1 .?ry' MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 6'ff' day of 2006, by and between RICHARD C. RUPP, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND") and LAURIE J . LANE, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on July 12, 1997 in Carlisle, Pennsylvania; WHEREAS, HUSBAND and WIFE are the parents of no minor children; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The Divorce Complaint also included claims for equitable distribution, alimony, alimony pendente lite, counsel fees and costs. The parties hereby express their agreement that the marriage is irretrievably broken. The parties executed Affidavits of Consent and Waivers of Notice on December 1, 2006. The parties agree to execute any other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the 2 same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/o'r documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: WIFE shall be permitted to claim against the estate of HUSBAND in the event of HUSBAND's demise, for any amounts due to WIFE if HUSBAND dies prior to the balance due to WIFE being paid in full. Upon payment in full of HUSBAND to WIFE, WIFE thereafter remises, releases, quit-claims and forever discharges HUSBAND and the estate of HUSBAND, for all time to come, and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of HUSBAND or against the estate of HUSBAND, of whatever nature and wheresoever situated, which she now has or at any time hereafter may have against HUSBAND, the estate of HUSBAND or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of HUSBAND or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which WIFE may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 3 Upon signing of this Agreement, HUSBAND remises, releases, quit-claims and forever discharges WIFE and the estate of WIFE, for all time to come, and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of WIFE or against the estate of WIFE, of whatever nature and wheresoever situated, which he now has or at any time hereafter may have against WIFE, the estate of WIFE or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of WIFE or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which HUSBAND may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: WIFE has been represented by Timothy J. Colgan, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. HUSBAND has acted as his own legal counsel and has, at times, during these divorce proceedings, consulted with Samuel Andes, Esquire or has 4 otherwise had the opportunity to consult with counsel of his choosing, but at the time of signing this Agreement, has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: There are several items of personalty of WIFE which remain in the attic at 22 Colgate Drive, Camp Hill, PA. HUSBAND and WIFE will arrange a mutually convenient time for WIFE to retrieve the items from the attic and thereafter, the dis ution v of personalty will be deemed complete. ?. tly A v C.- L1 After WIFE retrieves the items listed above, the parties will have divided between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles ofpersonal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. 5 After WIFE retrieves the items listed above, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. CASH PAYMENT: The parties agree that in consideration of the provisions of this Agreement, HUSBAND shall pay to WIFE the amount of $50,000.00 on or before February 28, 2007, of which $10,000.00 is apportioned to Alimony Pendente Lite arrearage and $40,000.00 is attributed to equitable distribution of property. This payment represents a global resolution of the economic claims between the parties and is in satisfaction of WIFE's interest in the marital estate, arrearages owed for alimony pendente lite since March 2005 and WIFE's attorney fees. If payment in full is not made on or before February 28, 2007, the parties shall proceed according to the terns set forth in Paragraph Thirteen (13) and HUSBAND agrees that alimony shall thereafter accrue, payable to WIFE, at $800.00 per month until the amount due to WIFE is satisfied in full. 13. DIVISION OF REAL ESTATE: The parties acknowledge that HUSBAND owns two properties respectively located at 22 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania and 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. HUSBAND shall retain sole and exclusive ownership and possession of said properties. In order to satisfy the $50,000.00 payment to WIFE by February 28, 2007, HUSBAND agrees to immediately list for sale the property located at 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. The parties shall agree upon a realtor to conduct the listing and sale of said property. If the parties cannot agree to a realtor, each shall choose a realtor and the two chosen realtors shall choose a third, neutral realtor, who shall be responsible for listing the property for sale. The property shall be listed for sale no later than December 15, 2006. HUSBAND shall execute an authorization to permit Timothy J. Colgan, Esquire and Laurie Lane to obtain and receive all information regarding the properties including any listing contract, listing price, showings, offers or contracts for sale. Only offers from bona fide qualified purchasers shall be accepted. If HUSBAND is able to refinance the mortgage to satisfy the debt to WIFE in full by February 28, 2007, HUSBAND shall thereafter be permitted to terminate the listing. If the property does not sell or HUSBAND is not otherwise able to satisfy the debt to WIFE by May 31, 2007, the 6 property shall be listed for public sale with a reputable auctioneer to be chosen by the mutual agreement of the parties or in the same manner as the realtor was chosen. As set forth in Paragraph Twelve (12), if WIFE is not paid in full by February 28, 2007, a springing Alimony obligation will arise in the amount of $800.00 per month until the $50,000.00 payment owed to WIFE plus the accrued Alimony obligation is paid in full. The reserve bid at the public sale shall be the amount necessary to satisfy all liens on the real estate, including tax liens and mortgages, plus the total amount due to WIFE by the date of the sale. The public sale shall occur no later than July 31, 2007. If the property sells at the public sale, closing shall occur not later than forty-five (45) days after the public sale. If the sale of the property located at 1163 Kingsley Road is insufficient to satisfy the debt owed to WIFE, the property located at 22 Colgate Drive shall be immediately listed for sale in the same manner as the Kingsley Road property. HUSBAND shall have ninety (90) days from the closing on the Kingsley Road property to sell the property located at 22 Colgate Drive or refinance the property to satisfy any unpaid portion to WIFE. If after ninety (90) days has passed since the closing on the Kingsley Road property and the debt to WIFE is not paid in full, the property at 22 Colgate Drive shall be listed for public sale in the same manner as the Kingsley Road property. The reserve bid at the public sale shall be the amount necessary to satisfy all liens on the real estate, including tax liens and mortgages, plus the total amount due to WIFE by the date of the sale. The public sale shall occur no later than November 15, 2007. If the property sells at the public sale, closing shall occur not later than forty-five (45) days after the public sale. As set forth in Paragraph Twelve (12), if WIFE is not paid in full as a result of the sale of the Kingsley Road property, HUSBAND's Alimony obligation shall continue in the amount of $800.00 per month until the total debt owed to WIFE is paid in full. HUSBAND shall remain solely responsible for any and all payments related to the mortgage, real estate taxes, homeowner's insurance and maintenance of said properties, and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments thereupon. After WIFE is paid in full under the terms of this Agreement, she thereafter waives her right to claim any equity which may exist in these properties in consideration of the various covenants and promises made herein. HUSBAND further agrees to indemnify and hold WIFE harmless for any 7 tax deficiency or other liabilities on either property that may have occurred during the marriage of the parties. 14. SUSQUEHANNA BANK ACCOUNTS: HUSBAND and WIFE are joint owners of three (3) Certificate of Deposit accounts (CDs) and a savings account at Susquehanna Valley Federal Credit Union. Specifically, the parties own three (3) CD's that, at the date of separation in October 2003, were in the approximate amount of $11,094.83, $10,800.47 and $14,382.72 respectively. HUSBAND and WIFE agree that the three CDs and the savings account at Susquehanna Valley Federal Credit Union shall become the sole and separate property of WIFE. HUSBAND specifically waives all right, title and interest in said accounts. 15. OTHER BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 16. MOTOR VEHICLES: The parties have divided between them, to their mutual satisfaction, all vehicles owned during their marriage. Both parties agree that neither party will make any claim to any such vehicles which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waive, release, renounce and forever abandon whatever claim or claims he or she may have with respect to any vehicle which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. Each party is responsible for the vehicles distributed to them, including the payment of insurance and maintenance, and each party agrees to indemnify and hold harmless the other party for failure to make payments thereon. Further, each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 17. DEBT: It is agreed that the parties have accumulated debt during the marriage and that said debt has been divided to the mutual agreement of the parties. HUSBAND shall be responsible for and shall fully assume the balances on the debts distributed to him pursuant to this Paragraph and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments as prescribed herein. WIFE shall be responsible for and shall fully assume the balances on the debts distributed to her pursuant to this Paragraph and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments as prescribed herein. Specifically, HUSBAND agrees to indemnify and hold WIFE harmless against any tax liabilities, personal, real estate or otherwise, that may have accrued during the marriage. 18. PENSIONS /RETIREMENT ACCOUNTS: Both parties hereby waive any right, title or interest they may have in any retirement or pension plan owned by the other party. 19. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 20. HEALTH INSURANCE: Each party shall be responsible for providing their own ' se- f" ONOnrc Gics?w_ health insurance coverage from the date of g. mment- forward. Lw \ 21. ALIMONY: HUSBAND shall owe to WIFE alimony in the amount of $800.00 per month beginning March 1, 2007 and for each month thereafter until she is paid $50,000.00 plus all accumulated alimony as of the date of payment in full. Payments shall accrue but shall not be payable until the sale or refinance of the real estate as provided for in Paragraph Thirteen (13). Thereafter, except as provided for above, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 21. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 9 22. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, HUSBAND will indemnify and hold harmless WIFE from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by HUSBAND. 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition ofgain on such transfer and subject to the carry-over basis provisions of said Act. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: WIFE specifically reserves the right to make a claim against HUSBAND's estate for any money due hereunder should HUSBAND die prior to satisfying his obligation to WIFE. Except to the extent that the debt to WIFE has not been fully satisfied 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 shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory 10 allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the 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 such interests, rights and claims. 27. 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. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common 11 Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 33. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. URIE J. Timoth gan, Esquire G? RICHARD C. RUPP 12 ?,'") 1 7-, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LAURIE J. LANE ) Docket Number 05-97 CIVIL Plaintiff ) vs. ) PACSES Case Number 640107236 RICHARD C. RUPP ) Defendant ) Other State ID Number CONSENT ORDER AND NOW, to wit, on this 19TH DAY OF DECEMBER, 2006 IT IS HEREBY ORDERED that the support order in this case be O Vacated. or O Suspended or ® Terminated without prejudice or Q Terminated and Vacated, effective DECEMBER 8, 2006 , due to: THE PARTIES' MARITAL SETTLEMENT AGREEMENT OF DECEMBER 8, 2006. THERE IS A REMAINING BALANCE OF $7,033.33 THAT IS OWED TO THE PLAINTIFF IS TO PAID ON OR BEFORE FEBRUARY 28, 2007 PER THEIR AGREEMENT. BY THE CO aow *r , J, JUDGE DEC 1 9 2006 Date Form OE-503 Service Type m Worker ID 21005 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 12/19/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number RUPP AND MEIKLE PC 355 N 21 ST STREET CAMP HILL PA 16969 191-46-1451 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Employee/Obligor's Social Security Number 1159101477 Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . 00 per month in current support $ o . o o per month in past-due support Arrears 12 weeks or greater? Q yes ® no $ o . 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . o o per weekly pay period. $ o. oo per biweekly pay period (every two weeks). $ o. oo per semimonthly pay period (twice a month). $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. I?1":1 Date of Order: Service Type M O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice RE: RUPP, RICHARD C. Employee/Obligor's Name (Last, First, MI) BY THE COURT: ,....?, .AtW OMB No.: 0970-0154 Form EN-028 Rev. i Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provide a copy of this form to your employee. If yoyr employee works in a state that is different from the state that issued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding. You must repoit the paydate/date of withholding whei i sending the payment. T paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2322104420 EMPLOYEE'S/OBLIGOR'S NAME: RUPP, RICHARD C. EMPLOYEE'S CASE IDENTIFIER: 1159101477 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT I ADDENDUM Summary of Cases on Attachment Defendant/Obligor: RUPP, RICHARD C. PACSES Case Number 640107236 Plaintiff Name LAURIE J. LANE Docket Attachment Amount 05-97 CIVIL $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAURIE J. LANE, * NO. 05-97-Civil Term Plaintiff * VS. * CIVIL ACTION - LAW IN DIVORCE RICHARD C. RUPP, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant was served with the Complaint on January 25, 2005 by service on his attorney, Samuel Andes, Esquire who signed an Acceptance of Service, which was filed with this Honorable Court on February 1, 2005. 3. 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. December 1, 2006 ; By Defendant: December 1, 2006. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated December 8, 2006 and filed with the Court on December 19, 2006. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 5,2006; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 5, 2006 Date: /W - ao -P6 B Y: Timothy J. an, ire Supreme Court I. 477944 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 (Attorney for Plaintiff) LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-97 CIVIL TERM RICHARD C. RUPP, . Defendant. CIVIL ACTION - LAW (Divorce) PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND SPECIFIC PERFORMANCE AND NOW, comes the Plaintiff, by and through her attorney, Timothy J. Colgan, Esquire of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and submits this Petition for Enforcement of Marital Settlement Agreement and Specific Performance as follows: 1. The Plaintiff is Laurie J. Lane (hereinafter referred to as "Wife") who currently resides at 36 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Richard C. Rupp (hereinafter referred to as "Husband") whose present address in Cumberland County is unknown, and who has a principal place of business at 355 North 21St Street, Suite 205, Camp Hill, Cumberland County, Pennsylvania. 3. A Complaint in Divorce was filed on January 6, 2005 raising additional counts for equitable division of marital property, alimony, alimony pendente lite, counsel fees and costs. 4. A Marital Settlement Agreement (hereinafter referred to as "The Agreement") was executed by the parties on December 8, 2006, a copy of which is attached hereto, incorporated herein and marked as Exhibit "A." 5. The Agreement set forth terms in Paragraph Twelve (12) by which Husband was to pay Wife the amount of $50,000.00 by February 28, 2007. 6. As Husband failed to pay the amount due to Wife by February 28, 2007, the provisions of Paragraph Twelve with regard to alimony commenced, accruing at $800.00 per month until paid in full. 7. Further, the residence situate at 1163 Kingsley Road, Camp Hill, Pennsylvania was to immediately be listed for sale. 8. The property was listed for sale and received at least two (2) offers from bona fide qualified purchasers, including one for full listing price with $5,000.00 seller help, however, both offers were refused by Husband. 9. Paragraph Thirteen (13) of the Agreement indicates that if the house is not sold or under contract by May 31, 2007, and Husband has not fulfilled his obligation of payment to Wife by said date, the property shall be listed for public sale. 10. By letter dated May 23, 2007, the undersigned requested that Husband advise as to whether he would pay the amount due to Wife in full or, in the alternative, advise whether Hardy Auction Service was acceptable to list the property for public sale in accordance with the terms of the Agreement. (See letter dated May 23, 2007 attached hereto, incorporated herein, and marked as Exhibit "B.") 11. By letter dated May 31, 2007, the undersigned again requested that Husband contact him with approval of the use of Hardy Auction Service or provide his choice of auctioneer no later than June 4, 2007. (See letter dated May 31, 2007 attached hereto, incorporated herein and marked as Exhibit "C.") 12. To date, the undersigned has received no response with regard to the proposed auctioneer to list the property for sale. 13. To date, Husband has not paid the amount due to Wife, in the amount of $53,200.00 as of the date of this Petition. 14. It is believed and therefore averred that the taxes are delinquent on the 1163 Kingsley Road property in the amount of $3,826.81 and the property will be listed for tax sale. 15. Pursuant to Paragraph Eleven (11) of the Agreement, it was agreed that Wife was permitted to retrieve her personal and household items from the attic of 22 Colgate Drive, Camp Hill, Pennsylvania. 16. Husband has failed to permit Wife access to the attic to retrieve her belongings in violation of said agreement. 17. Instead, Husband placed some items belonging to Wife outside on a neighbor's porch and has indicated to Wife that she is not permitted on the property to retrieve the remainder. 18. It is believed and therefore averred that Husband is not proceeding in good faith to abide by the terms of the Marital Settlement Agreement executed by the parties. 19. Wife has incurred substantial attorney fees in conjunction with Husband's dilatory behavior and refusal and intentional failure to comply with his obligations under said Agreement. 20. The Honorable Edward E. Guido ruled on a Petition for Special Relief filed in November 2006 addressing the delinquent taxes on the subject property. 21. The undersigned has attempted to contact Husband, who represents himself in the above-captioned matter, with regard to the issues raised in this Petition, however, Husband has refused or failed to return phone calls or respond to letters. WHEREFORE, Plaintiff respectfully requests than an order be entered as follows: a) The property at 1163 Kingsley Road, Camp Hill, Pennsylvania shall be listed for public sale with Hardy Auction Service and that Defendant is required to sign any and all documentation necessary to effectuate the public sale; b) Defendant is ordered to pay the delinquent taxes on said property so the property does not succumb to tax sale; C) Defendant is ordered to pay attorney fees incurred by Plaintiff since February 28, 2007 as Defendant has proceeded in bad faith, and for the preparation and filing of this Petition to Enforce Marital Settlement Agreement pursuant to Paragraph Twenty-five (25) of the Agreement; d) Defendant is ordered to allow Plaintiff access to the residence at 22 Colgate Drive on a date to be determined by the Court or by Plaintiff with twenty-four (24) hours notice to Defendant so that Plaintiff may retrieve her remaining personal belongings from the residence; and e) Any other relief the Court deems appropriate. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO WA5?_ Timothy J MR Es ' e 130 West treet Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 Date: {P MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 5'(& day of ?t c-t--%1''- ' , 2006, by and between RICHARD C. RUPP, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND") and LAURIE J . LANE, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on July 12, 1997 in Carlisle, Pennsylvania; WHEREAS, HUSBAND and WIFE are the parents of no minor children; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The Divorce Complaint also included claims for equitable distribution, alimony, alimony pendente lite, counsel fees and costs. The parties hereby express their agreement that the marriage is irretrievably broken. The parties executed Affidavits of Consent and Waivers of Notice on December 1, 2006. The parties agree to execute any other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the 2 same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: WIFE shall be permitted to claim against the estate of HUSBAND in the event of HUSBAND's demise, for any amounts due to WIFE if HUSBAND dies prior to the balance due to WIFE being paid in full. Upon payment in full of HUSBAND to WIFE, WIFE thereafter remises, releases, quit-claims and forever discharges HUSBAND and the estate of HUSBAND, for all time to come, and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of HUSBAND or against the estate of HUSBAND, of whatever nature and wheresoever situated, which she now has or at any time hereafter may have against HUSBAND, the estate of HUSBAND or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of HUSBAND or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which WIFE may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 3 Upon signing of this Agreement, HUSBAND remises, releases, quit-claims and forever discharges WIFE and the estate of WIFE, for all time to come, and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of WIFE or against the estate of WIFE, of whatever nature and wheresoever situated, which he now has or at any time hereafter may have against WIFE, the estate of WIFE or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of WIFE or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which HUSBAND may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: WIFE has been represented by Timothy J. Colgan, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. HUSBAND has acted as his own legal counsel and has, at times, during these divorce proceedings, consulted with Samuel Andes, Esquire or has 4 otherwise had the opportunity to consult with counsel of his choosing, but at the time of signing this Agreement, has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each parry agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: There are several items of personalty of WIFE which remain in the attic at 22 Colgate Drive, Camp Hill, PA. HUSBAND and WIFE will arrange a mutually convenient time for WIFE to retrieve the items from the attic and thereafter, the dis ution v of personalty will be deemed complete. tu+ t Z f z3 /z& L'4 L? L--/ After WIFE retrieves the items listed above the parties will have divided between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. 5 After WIFE retrieves the items listed above, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. CASH PAYMENT: The parties agree that in consideration of the provisions of this Agreement, HUSBAND shall pay to WIFE the amount of $50,000.00 on or before February 28, 2007, of which $10,000.00 is apportioned to Alimony Pendente Lite arrearage and $40,000.00 is attributed to equitable distribution of property. This payment represents a global resolution of the economic claims between the parties and is in satisfaction of WIFE's interest in the marital estate, arrearages owed for alimony pendente lite since March 2005 and WIFE's attorney fees. If payment in full is not made on or before February 28, 2007, the parties shall proceed according to the terms set forth in Paragraph Thirteen (13) and HUSBAND agrees that alimony shall thereafter accrue, payable to WIFE, at $800.00 per month until the amount due to WIFE is satisfied in full. 13. DIVISION OF REAL ESTATE: The parties acknowledge that HUSBAND owns two properties respectively located at 22 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania and 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. HUSBAND shall retain sole and exclusive ownership and possession of said properties. In order to satisfy the $50,000.00 payment to WIFE by February 28, 2007, HUSBAND agrees to immediately list for sale the property located at 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. The parties shall agree upon a realtor to conduct the listing and sale of said property. If the parties cannot agree to a realtor, each shall choose a realtor and the two chosen realtors shall choose a third, neutral realtor, who shall be responsible for listing the property for sale. The property shall be listed for sale no later than December 15, 2006. HUSBAND shall execute an authorization to permit Timothy J. Colgan, Esquire and Laurie Lane to obtain and receive all information regarding the properties including any listing contract, listing price, showings, offers or contracts for sale. Only offers from bona fide qualified purchasers shall be accepted. If HUSBAND is able to refinance the mortgage to satisfy the debt to WIFE in full by February 28, 2007, HUSBAND shall thereafter be permitted to terminate the listing. If the property does not sell or HUSBAND is not otherwise able to satisfy the debt to WIFE by May 31, 2007, the 6 property shall be listed for public sale with a reputable auctioneer to be chosen by the mutual agreement of the parties or in the same manner as the realtor was chosen. As set forth in Paragraph Twelve (12), if WIFE is not paid in full by February 28, 2007, a springing Alimony obligation will arise in the amount of $800.00 per month until the $50,000.00 payment owed to WIFE plus the accrued Alimony obligation is paid in full. The reserve bid at the public sale shall be the amount necessary to satisfy all liens on the real estate, including tax liens and mortgages, plus the total amount due to WIFE by the date of the sale. The public sale shall occur no later than July 31, 2007. If the property sells at the public sale, closing shall occur not later than forty-five (45) days after the public sale. If the sale of the property located at 1163 Kingsley Road is insufficient to satisfy the debt owed to WIFE, the property located at 22 Colgate Drive shall be immediately listed for sale in the same manner as the Kingsley Road property. HUSBAND shall have ninety (90) days from the closing on the Kingsley Road property to sell the property located at 22 Colgate Drive or refinance the property to satisfy any unpaid portion to WIFE. If after ninety (90) days has passed since the closing on the Kingsley Road property and the debt to WIFE is not paid in full, the property at 22 Colgate Drive shall be listed for public sale in the same manner as the Kingsley Road property. The reserve bid at the public sale shall be the amount necessary to satisfy all liens on the real estate, including tax liens and mortgages, plus the total amount due to WIFE by the date of the sale. The public sale shall occur no later than November 15, 2007. If the property sells at the public sale, closing shall occur not later than forty-five (45) days after the public sale. As set forth in Paragraph Twelve (12), if WIFE is not paid in full as a result of the sale of the Kingsley Road property, HUSBAND's Alimony obligation shall continue in the amount of $800.00 per month until the total debt owed to WIFE is paid in full. HUSBAND shall remain solely responsible for any and all payments related to the mortgage, real estate taxes, homeowner's insurance and maintenance of said properties, and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments thereupon. After WIFE is paid in full under the terms of this Agreement, she thereafter waives her right to claim any equity which may exist in these properties in consideration of the various covenants and promises made herein. HUSBAND further agrees to indemnify and hold WIFE harmless for any 7 tax deficiency or other liabilities on either property that may have occurred during the marriage of the parties. 14. SUSQUEHANNA BANK ACCOUNTS: HUSBAND and WIFE are joint owners of three (3) Certificate of Deposit accounts (CDs) and a savings account at Susquehanna Valley Federal Credit Union. Specifically, the parties own three (3) CD's that, at the date of separation in October 2003, were in the approximate amount of $11,094.83, $10,800.47 and $14,382.72 respectively. HUSBAND and WIFE agree that the three CDs and the savings account at Susquehanna Valley Federal Credit Union shall become the sole and separate property of WIFE. HUSBAND specifically waives all right, title and interest in said accounts. 15. OTHER BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 16. MOTOR VEHICLES: The parties have divided between them, to their mutual satisfaction, all vehicles owned during their marriage. Both parties agree that neither party will make any claim to any such vehicles which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waive, release, renounce and forever abandon whatever claim or claims he or she may have with respect to any vehicle which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. Each party is responsible for the vehicles distributed to them, including the payment of insurance and maintenance, and each party agrees to indemnify and hold harmless the other party for failure to make payments thereon. Further, each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 17. DEBT: It is agreed that the parties have accumulated debt during the marriage and that said debt has been divided to the mutual agreement of the parties. HUSBAND shall be responsible for and shall fully assume the balances on the debts distributed to him pursuant to this Paragraph and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments as prescribed herein. WIFE shall be responsible for and shall fully 8 assume the balances on the debts distributed to her pursuant to this Paragraph and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments as prescribed herein. Specifically, HUSBAND agrees to indemnify and hold WIFE harmless against any tax liabilities, personal, real estate or otherwise, that may have accrued during the marriage. 18. PENSIONS /RETIREMENT ACCOUNTS: Both parties hereby waive any right, title or interest they may have in any retirement or pension plan owned by the other party. 19. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 20. HEALTH INSURANCE: Each party shall be responsible for providing their own (-I ?Cfz- 11W s? OP U4,& OMvrc G?- health insurance coverage from the date ofd t forward. 21. ALIMONY: HUSBAND shall owe to WIFE alimony in the amount of $800.00 per month beginning March 1, 2007 and for each month thereafter until she is paid $50,000.00 plus all accumulated alimony as of the date of payment in full. Payments shall accrue but shall not be payable until the sale or refinance of the real estate as provided for in Paragraph Thirteen (13). Thereafter, except as provided for above, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 21. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 9 22. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, HUSBAND will indemnify and hold harmless WIFE from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by HUSBAND. 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: WIFE specifically reserves the right to make a claim against HUSBAND's estate for any money due hereunder should HUSBAND die prior to satisfying his obligation to WIFE. Except to the extent that the debt to WIFE has not been fully satisfied 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 shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory 10 allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the 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 such interests, rights and claims. 27. ENTIRE AGREEMENT: This Agreement contains the entire understanding ofthe parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common 11 Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 33. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. URIE J. Timoth an, Esquire RICHARD C. RUPP 12 Jan M. Wiley David J. Lenox Timothy J. Colgan Christopher J. Marzzacco THE WILEY GROUP Attorneys at Law Wiley,- Lenox, Colgan & Marzzacco, P.C. May 23, 2007 VIA FACSIMILE (717) 730-0214 Richard C. Rupp, Esquire RUPP & MEIKLE, P:C. 3 5 5 North 21 St Street, Suite 205 Camp Hill, PA 17011 Re: Laurie J. Lane vs. Richard C. Rupp No. 05-07-Civil Term Dear Richard: David E. Hershey Thomas M. Clark Angelica L. Revelant Paul J. Kovatch it is my understanding following a telephone call with Steve Norford with the Homestead Group that the listing for the property located at 1163 Kingsley Road, Camp Hill is being terminated at this time. To that end, please advise if you are prepared to pay the full amount due to Laurie as of May 31, 2007. In the alternative, per the terms of the Marital Settlement Agreement, we propose using Hardy Auction Service in Dillsburg for the public sale. Please advise if you agree to their use or indicate your proposal for an auctioneer no later than May 30, 2007. Please be advised that I am aware of the two offers made on the home, which you refused, including an offer for the full listing price including $5,000.00 seller help. It is our position that you have acted in bad faith since the signing of the Marital Settlement Agreement. Should you continue to act in this manner, I will file a Petition for Special Relief requesting that the Court compel your immediate compliance and award my client counsel fees for the needless expense that she continues to incur in this matter. I look forward to your prompt response. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by Timothy J. Colgan TJC/alr cc: Laurie Lane 130 W. Church Street, Suite 100 • Dillsburg, Offic www. -9666 - (800) 682-4250 - Fax: (717) 432-0426 )ondale )an M. Wiley David J. Lenox Timothy J_ Colgan Christopher J. Marzzacco THE WILEY GROUP Attorneys at Law Wiley, Lenox, Colgan & Marzzacco, P.C. May 31, 2007. VIA FACSBULE (717) 730-0214 Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21St Street, Suite 205 Camp Hill, PA 17011 Re: Laurie I Lane vs. Richard C. Rupp No. 05-07-Civil Term Dear Richard: David E. Hershey Thomas M. Clark Angelica L. Revelant Paul J. Kovatch I have not heard from you to date with regard to my letter dated May 23, 2007. Please advise whether you consent to the use of Hardy Auction Service in Dillsburg for the public sale or provide your suggestion for an auctioneer. If I do not have a response from you by June 4, 2007, a Petition to Enforce the Marital Settlement Agreement will be filed with a request for counsel fees. I look forward to your prompt response. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. r by Timothy J. Colgan TJCJalr cc: Laurie Lane 130 W. Church Street, Suite 100 • Dillsburg, PA Offices i C.-I 666 • (800) 682-4250 • Fax: (717) 432-0426 ndale LAURIE J. LANE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) VERIFICATION I, Laurie J. Lane, verify that the statements made in this Petition 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. CS. § 4904, relating to unworn falsification to authorities. Date: ?- t 3 ?07 LAME J. LANE, Plai ff LAURIE J. LANE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing Petition for Enforcement of Marital Settlement Agreement and Specific Performance by first class mail, postage pre-paid as follows: Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21St Street, Suite 205 Camp Hill, PA 17011 WILEY, LENOX, COLGAN & MARZZACCO By: ",-7 FY.6/?? Timothy J. o squi Dated: & --'t T-,0 'T a I . T LAURIE J. ANE, Plain V. RICHARD . RUPP, Defendant, Marital JUN S 12007eti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-97 CIVIL TERM CIVIL ACTION - LAW (Divorce) RULE TO SHOW CAUSE NOW, thiszay of P-0-4--1 2007, a rule is hereby issued upon ichard C. Rupp, to show cause why the attached Petition for Enforcement of ,ment Agreement and Specific Performance should not be granted. E RETURNABLE9?0 DAYS FROM SERVICE. J. Timothy J. olgan, Esquire ?ichard C. upp, Esquire ?(Rg eL leve'lom? v { NVMASNN3d KLN 1 1 .6 WV 9Z Nn LOOZ AWiOiiV)Hi,J; 4 3Hl J0 -T LAURIE J. LANE, Plaintiff VS. RICHARD C. RUPP, Defendant TO THE PROTHONOTARY: * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNA * * NO. 05-97 * * CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR LIS PENDENS AND NOW, comes Plaintiff, Laurie J. Lane, by and through her attorney, Timothy J. Colgan, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Praecipe for Lis Pendens as follows: 1. Please index the above-captioned action in divorce as a lis pendens against the following real property: a. 22 Colgate Drive, Northern Part of Lot 45, and Major Part of Lot 46, Plan 2, Cedar Cliff Manor, Lower Allen Township, Plan Book 7 pages 13 and 14, Parcel No. 13-23- 0547-539. The owner of this property is Richard C. Rupp, vested by virtue of deed dated February 15, 1996 and recorded February 20, 1996 in Cumberland County Records, Deed Book 135 page 115. A Mortgage on said property is held with the Financial Trust Company dated February 15, 1996 and recorded February 20, 1996 in Mortgage Book 1303 page 614. 2. 1 hereby certify that this action affects title to or other interest in the above-described real property. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO Dated: 7- 31'07 Timothy J. Cb*fin, Esquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing Praecipe for Lis Pendens by first class mail, postage pre-paid as follows: Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21st Street, Suite 205 Camp Hill, PA 17011 WILEY, LENOX, COLGAN & MARZZACCO By: Timothy J.tolgA ",squire Dated: 7 3t_ o 7 C"> C to ,_,,, ? -v 5 n rr -3 C. / % LAURIE J. LANE, Plaintiff VS. RICHARD C. RUPP, Defendant TO THE PROTHONOTARY: * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNA * * NO. 05-97 * CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR LIS PENDENS AND NOW, comes Plaintiff, Laurie J. Lane, by and through her attorney, Timothy J. Colgan, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Praecipe for Lis Pendens as follows: 1. Please index the above-captioned action in divorce as a lis pendens against the following real property: a. 1163 Kingsley Road, Lot 19, Block U, Highland Park, Lower Allen Township, Plan Book 5 page 39, Parcel No. 13-23-0545-336. The owner of this property is Richard C. Rupp, vested by virtue of deed dated August 12, 1994, recorded same, in Cumberland County Records, Deed Book 110 page 150. A Mortgage on said property is held with the Financial Trust Company dated October 11, 1995 and recorded November 2, 1995 in Mortgage Book 1289 page 551. 2. I hereby certify that this action affects title to or other interest in the above-described real property. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO Dated: 7-3(-0 Timothy J. Yblgaa? Eire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 t j 4 CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing Praecipe for Lis Pendens by first class mail, postage pre-paid as follows: Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21st Street, Suite 205 Camp Hill, PA 17011 WILEY, LENOX, COLGAN & MARZZACCO By: Timothy J. Co ire Dated: Z' ??? O C) 0 464 r t ttt S - ` am L LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, by and through her attorney, Timothy J. Colgan, Esquire of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and submits this Motion to Make Rule Absolute as follows: 1. The Plaintiff is Laurie J. Lane (hereinafter referred to as "Wife") who currently resides at 36 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Richard C. Rupp (hereinafter referred to as "Husband") whose present address in Cumberland County is unknown, and who has a principal place of business at 355 North 21St Street, Suite 205, Camp Hill, Cumberland County, Pennsylvania. 3. On June 20, 2007, Plaintiff filed a Petition for Enforcement of Marital Settlement Agreement and Specific Performance. 4. A Rule to Show Cause was issued on June 25, 2007, returnable twenty (20) days from service. (See Rule attached hereto, incorporated herein and marked as Exhibit "A"). 5. Said Rule was served on Richard Rupp by fax on June 27, 2007 and by certified mail, which was returned unclaimed. (See letter and fax confirmation and copy of returned envelope attached hereto, incorporated herein and marked as Exhibit "B") 6. Said Rule was served on Richard Rupp by regular mail on July 16, 2007 at his home and business address. (See letter attached hereto, incorporated herein and marked as Exhibit "C"). 7. More than twenty (20) days have expired since service of said Rule and Plaintiff has not received an answer to the Petition or the Rule to Show Cause. WHEREFORE, Plaintiff respectfully requests than the Rule issued on June 25, 2007 be made absolute. Plaintiff respectfully requests that an Order be issued incorporating her request for relief as follows: a) The property at 1163 Kingsley Road, Camp Hill, Pennsylvania shall be listed for public sale with Hardy Auction Service and that Defendant is required to sign any and all documentation necessary to effectuate the public sale; b) Defendant is ordered to pay the delinquent taxes on said property so the property does not succumb to tax sale; C) Defendant is ordered to pay attorney fees incurred by Plaintiff since February 28, 2007 as Defendant has proceeded in bad faith, and for the preparation and filing of this Petition to Enforce Marital Settlement Agreement pursuant to Paragraph Twenty-five (25) of the Agreement; d) Defendant is ordered to allow Plaintiff access to the residence at 22 Colgate Drive on a date to be determined by the Court or by Plaintiff with twenty-four (24) hours notice to Defendant so that Plaintiff may retrieve her remaining personal belongings from the residence; and e) Any other relief the Court deems appropriate. Date: d 7 n - Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO U` Timothy J. , Esqu e 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 JUN S 1200p,? LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) RULE TO SHOW CAUSE AND NOW, this42?J day of , 2007, a rule is hereby issued upon Defendant, Richard C. Rupp, to show cause why the attached Petition for Enforcement of Marital Settlement Agreement and Specific Performance should not be granted. RULE RETURNABLEO?0 DAYS FROM SERVICE. J. Distribution: Timothy J. Colgan, Esquire Richard C. Rupp, Esquire TRUE CnPY FROM RECORD In Tesbm;_--. vA my hand a e Pa, TG I1 , . . ---- P thonotarx Fan M. Wiley David J. Lenox Timothy J. Colgan Christopher J. Marzzacco THE "LEY GROUP Attorneys at Law Wiley, Lenox, Colgan & Marzzacco, P.C. June 27, 2007 VIA FACSIMILE (717) 730-0214 Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21s' Street, Suite 205 Camp Hill, PA 17011 Re. Laurie J. Lane vs. Richard C. Rupp No. 05-07-Civil Term Dear Richard: David E. Hershey Thomas M. Clark Angelica L. Revelant Paul J. Kovatch Enclosed please find for service upon you a Rule to Show Cause with regard to the Petition for Enforcement of Marital Settlement Agreement and Specific Performance filed in the above- captioned matter. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by Timothy J. Colgan TJC/alr cc: Laurie Lane Ex `,Br 130 W. Church Street, Suite 100 • Dillsburg, PA 17019 • Phone: (717) 432-9666 • (800) 682-4250 • Fax: (717) 432-0426 Offices in Harrisburg • York • Carbondale www.wiley4u.com TRANSMISSION VERIFICATION REPORT TIME 06/27/2007 12:31 NAME THE WILEY GROUP FAX 7174320426 TEL 7174329666 SER.# 000A6J691375 DATE,TIME 06/27 12:29 FAX N0./NAME 7300214 DURATION 00:01:33 PAGE(S) 03 RESULT OK MODE STANDARD FAX TRANSMISSION WILEY, LENOX, COLGAN & MA.MA0009 P.C. 130 WEST CHURCH ST"F,T sv 100 DILLsjaum, PA 17019 (717) 4329666 FACSIMILE (717) 432-0426 To: Richard C. Rupp, Esquire From: Timothy J. Colgan, Esquire Date: June 27, 2007 Fax No.: 717-730-0214 Re: Lane v. Rupp Pages* 3, includes cover sheet Comment: v i A 03 4 14 o ?c r .? r N?? w a ? t,r, ?f? y t- 0 V J? Q N l ®?{ J ix % ulti Q otio ft c Q k r- N „d1 .9 tr cC3 N fn °v N o o C3 u? a? yA ?N N N ?o r? cr -4 d) p. us: l11 v w'? _ o a C? ' ?yvu+m c?.?7zaz0 avcr' 75 o 67 ? • CC? U 3 L 7 sic uCO d ? 3 0 0 V r C' 'Jan Ni. Wilcy David I_ Lenox Timothy I. Colgan Christopher J_ Marzzacco THE "LEY GROUP Attorneys at Law Wiley, Lenox, Colgan & Marzzacco, P.C. July 16, 2007 Richard C. Rupp, Esquire Richard Rupp, Esquire RUPP & MEUME, P.C. 22 Colgate Drive 355 North 21" Street, Suite 205 Camp Hill, PA 17011 Camp Hill, PA 17011 Re: Laurie J. Lane vs. Richard C. Rupp No. 05-07-Civil Term Dear Richard: David E. Hershey Thomas M. Clark Angelica L. Revelant Paul J. Kovatch Enclosed please find for service upon you a Rule to Show Cause with regard to the Petition for Enforcement of Marital Settlement Agreement and Specific Performance filed in the above- captioned matter. This Rule was previously faxed to you and mailed by certified mail, which was returned unclaimed. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by Timothy J. Colgan TJC/alr cc: Laurie Lane X X u^ if 130 W. Church Street, Suite 100 • Dillsburg, PA 17019 • Phone: (717) 432-9666 • (800) 682-4250 • Fax: (717) 432-0426 Offices in Harrisburg • York • Carbondale www_wi ley4u.com T? LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing Motion to Make Rule Absolute by first class mail, postage pre-paid as follows: Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 20 Street, Suite 205 Camp Hill, PA 17011 WILEY, LENOX, COLGAN & MARZZACCO By: 1 Timothy J. C6%4, Esqui Dated: 7 b7 n ? C? r 7 -? LAURIE J. LANE, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNA VS. RICHARD C. RUPP, Defendant * NO. 05-97 * CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Angel Revelant, Esquire, being duly sworn, deposes and says that she is an adult and that she served the Rule to Show Cause on the Defendant, via facsimile on June 27, 2007 and by regular mail to Defendant's place of business at 355 North 21St Street, Suite 205, Camp Hill, Pennsylvania 17011 on the 16th day of July, 2007. Date: August 7, 2007 WILEY, LENOX, COLGAN & MARZZACCO, P.C. By: Angel ev lant COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On this, the 7th day of August, 2007, before me, a notary public, personally appeared Angel Revelant known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. 4? (7 Ai tt'), N ARY PUBLIC My Commission Expires: MONWE T.(EPENMYLVANIA Jeanelle Roberts, Notary Public Dftbtxg Born, York County 1rtliseiorl EVim Aug. 22,2010 Member, Pennsylvania Association of Notaries C) P-a f :-T'?7P '. C.' TI 1'v! O -0 L7 --Ti L ° L C r',. C -C C7 --i AU G 10 2007 LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) ORDER AND NOW, this 13?day of , 2007, upon consideration of the Petition for Enforcement of Marital Settlement Agreement and Specific Performance, it is hereby ORDERED, ADJUGED AND DECREED that: 1. Defendant shall execute all documents necessary and cooperate to the fullest extent necessary to effectuate the public sale of the property at 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania with Hardy Auction Service; 2. Defendant shall immediately pay the amount necessary in delinquent taxes on the 1163 Kingsley Road, Camp Hill property to remove it from the Tax Sale List; 3. Defendant shall pay the amount a€& -- for attorney fees incurred by Plaintiff n r 4. Defendant shall allow Plaintiff access to the residence at 22 Colgate Drive on from in. to 0 m. to retrieve her remaining Aio-3A ?i? personal and household belongh J. Distribution: Timothy J. Colgan, Esquire Richard C. Rupp, Esquire G? AV Rev?lan ? J 0 C 1 :0I l 91 SPIV LOOT 3'Hi JO LAURIE J. LANE, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNA VS. RICHARD C. RUPP, Defendant TO THE PROTHONOTARY: * NO. 05-97 * CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO STRIKE AND RELEASE LIS PENDENS Please strike and release the Lis Pendens indexed against the following real property: a. 1163 Kingsley Road, Lot 19, Block U, Highland Park, Lower Allen Township, Plan Book 5 page 39, Parcel No. 13-23-0545-336. The owner of this property is Richard C. Rupp, vested by virtue of deed dated August 12, 1994, recorded same, in Cumberland County Records, Deed Book 110 page 150. A Mortgage on said property is held with the Financial Trust Company dated October 11, 1995 and recorded November 2, 1995 in Mortgage Book 1289 page 551. Respectfully submitted, WILEY, LENOX, COLGAN & NIARZZACCO Dated: Timothy J. Klgad, E ire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 ^,-., p ? ?? ?' '?" ?? tom; .? 'E J 1 C? C ^`-,J C_? ? _W.y C ) `? ? C, .r "{ r C=j (..,.. .? F LAURIE J. LANE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) PETITION FOR COUNSEL FEES RELATING TO ENFORCEMENT OF THE MARITAL SETTLEMENT AGREEMENT AND NOW, comes the Plaintiff, by and through her attorney, Timothy J. Colgan, Esquire of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and submits this Petition for Counsel Fees relating to the Enforcement of Marital Settlement Agreement as follows: 1. The Plaintiff is Laurie J. Lane (hereinafter referred to as "Wife") who currently resides at 36 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Richard C. Rupp (hereinafter referred to as "Husband") whose present address in Cumberland County is unknown, and who has a principal place of business at 355 North 21St Street, Suite 205, Camp Hill, Cumberland County, Pennsylvania. 3. A Complaint in Divorce was filed on January 6, 2005 raising additional counts for equitable division of marital property, alimony, alimony pendente lite, counsel fees and costs. 4. A Marital Settlement Agreement (hereinafter referred to as "The Agreement") was executed by the parties on December 8, 2006, a copy of which is attached hereto, incorporated herein and marked as Exhibit "A." 5. On August 9, 2007, Plaintiff filed a Petition to Enforce the Marital Settlement Agreement and for Specific Performance. 6. An Order was entered on August 13, 2007 granting Plaintiff the relief requested, indicating that counsel fees will be determined upon petition and rule. (See Order dated August 13, 2007 which is attached hereto, incorporated herein and marked as Exhibit "B") 7. It is believed and therefore averred that Husband has not proceeded in good faith since the execution of the Marital Settlement Agreement in December 2006. 8. By way of further explanation, Husband has caused Plaintiff significant counsel' fees in an attempt to enforce Husband's obligations under the Marital Settlement Agreement, in the following manner: a. Husband was to list the property at 1163 Colgate Road, Camp Hill, for sale no later than December 15, 2006, however the property was not listed until December 21, 2006 for $142,500.00. b. In order to monitor Husband's satisfaction of his obligations under the Agreement, undersigned counsel maintained bi-weekly contact with the listing agent, Steve Norford of The Homestead Group, to determine efforts made to sell the property. C. On January 15, 2007, an offer was made on the property for $145,000.00 with seller help for closing costs, bringing a net offer of $139,200.00. Said offer was rejected by Husband without negotiation. d. In a telephone conversation between Angel Revelant, Esquire of The Wiley Group and Mr. Norford in late February 2007, Mr. Norford indicated that Husband was uncooperative and failed to return his calls, that the property was overpriced for its condition and that the tenants were uncooperative with the showings. (See fax dated February 6, 2007 and email dated February 5, 2007 attached hereto, incorporated herein and collectively marked as Exhibit "C") e. These issues were addressed in correspondence to Husband on February 22, 2007, however undersigned counsel received no response from Husband. (See letter dated February 22, 2007 attached hereto, incorporated herein and marked as Exhibit "D"). f. Mr. Norford attempted to contact Husband via email relating to lowering the listing price, however he did not receive a response from Husband. (See faxes dated March % 2007 and March 26, 2007 attached hereto, incorporated herein and marked as Exhibit "E".) g. Mr. Norford received another offer on the property in April 2007, however Husband failed to return his calls. Only when Mr. Norford appeared at Husband's office did Husband indicate that he rejected the second offer to purchase the property. (See fax dated April 13, 2007 attached hereto, incorporated herein and marked as Exhibit "F".) h. In a telephone conversation between Angel Revelant, Esquire of The Wiley Group and Mr. Norford on May 18, 2007, Mr. Norford indicated that Husband had been completely uncooperative and had no interest in selling the property and that the listing agreement would terminate at the end of May. i. Undersigned counsel addressed these issues in correspondence to Husband on May 23, 2007, however, no response was received. (See letter dated May 23, 2007 attached hereto, incorporated herein and marked as Exhibit "G"). j. Per the terms of the Marital Settlement Agreement, Paragraph Thirteen, the property was to be listed for public sale by May 31, 2007 with a sale occurring no later than July 31, 2007. k. In correspondence dated May 23, 2007, undersigned counsel proposed using Hardy Auction Service for listing the property for public sale. No response was received. (See letter dated May 23, 2007 attached hereto as Exhibit "G"). 1. By letter dated May 31, 2007, undersigned counsel again requested Husband's suggestion for listing the property for public sale. Again, no response was received. (See letter dated May 31, 2007 attached hereto, incorporated herein and marked as Exhibit "H"). in. The property was never listed for public sale. n. On July 27, 2007, undersigned counsel learned that the property at 1163 Kingsley Road was listed for sale with another agent, Linda Grady of Remax Realty. o. On July 30, 2007, undersigned counsel again requested by letter that Husband agree to list the property for public sale and acknowledged that the property was again listed for sale with an agent. No response was received to said letter. P. In response to a request for a copy of the listing agreement and showing schedule relating to said property, undersigned counsel received a response from Linda Grady indicating that she is "not authorized to release any information to you regarding this listing and have been instructed not to by Mr. Rupp." (See email dated August 2, 2007 attached hereto, incorporated herein and marked as Exhibit "I" ). 9. Undersigned counsel believes and therefore avers that Husband acted in bad faith since the execution of said Agreement. 10. Husband finally satisfied the amount owed to Wife on October 5, 2007 through the sale and settlement of 1163 Kingsley Road. 11. Wife has expended significant sums in counsel fees attempting to enforce Husband's obligations under the Marital Settlement Agreement in the amount of $3,564.80 since the execution of the Marital Settlement Agreement. (See statement and invoices attached hereto, incorporated herein and marked collectively as exhibit IT"). 12. This matter has previously been assigned to The Honorable Edward E. Guido, who issued an Order dated August 13, 2007 that the amount of counsel fees will be determined upon Petition and Rule. 13. Defendant has thus far represented himself in this matter and his concurrence was Sought via letter dated November 14, 2007. Defendant has not replied and therefore it is believed and averred that he does not concur. WHEREFORE, Plaintiff respectfully requests than Defendant be required to pay Plaintiff s counsel fees in the amount of $3,564.80, plus additional amounts if necessary to appear for a hearing on this matter, within thirty (30) days as well as any other relief the Court deems appropriate. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO Ajck? Timothy J. gan, squire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 Date: k-- (-0 MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this day of ?CGt-•- t3 ? , 2006, by and between RICHARD C. RUPP, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND") and LAURIE J . LANE, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on July 12, 1997 in Carlisle, Pennsylvania; WHEREAS, HUSBAND and WIFE are the parents of no minor children; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: I . INTERFERENCE: Each parry shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code and that the parties have lived separately and apart as required under Section 3301(d) of the Pennsylvania Divorce Code. The Divorce Complaint also included claims for equitable distribution, alimony, alimony pendente lite, counsel fees and costs. The parties hereby express their agreement that the marriage is irretrievably broken. The parties executed Affidavits of Consent and Waivers of Notice on December 1, 2006. The parties agree to execute any other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the 2 same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: WIFE shall be permitted to claim against the estate of HUSBAND in the event of HUSBAND's demise, for any amounts due to WIFE if HUSBAND dies prior to the balance due to WIFE being paid in full. Upon payment in full of HUSBAND to WIFE, WIFE thereafter remises, releases, quit-claims and forever discharges HUSBAND and the estate of HUSBAND, for all time to come, and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of HUSBAND or against the estate of HUSBAND, of whatever nature and wheresoever situated, which she now has or at any time hereafter may have against HUSBAND, the estate of HUSBAND or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of HUSBAND or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which WIFE may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente cite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 3 Upon signing of this Agreement, HUSBAND remises, releases, quit-claims and forever discharges WIFE and the estate of WIFE, for all time to come, and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of WIFE or against the estate of WIFE, of whatever nature and wheresoever situated, which he now has or at any time hereafter may have against WIFE, the estate of WIFE or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of WIFE or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which HUSBAND may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: WIFE has been represented by Timothy J. Colgan, Esquire, and WIFE acknowledges that she has signed this Agreement freely and voluntarily after full consultation with her counsel. HUSBAND has acted as his own legal counsel and has, at tunes, during these divorce proceedings, consulted with Samuel Andes, Esquire or has 4 otherwise had the opportunity to consult with counsel of his choosing, but at the time of signing this Agreement, has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: There are several items of personalty of WIFE which remain in the attic at 22 Colgate Drive, Camp Hill, PA. HUSBAND and WIFE will arrange a mutually convenient time for WIFE to retrieve the items from the attic and thereafter, the dist ' ution of personalty will be deemed complete.. After WIFE retrieves the items listed above the parties will have divided " between them, to their mutual satisfaction, all personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. 5 After WIFE retrieves the items listed above, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. CASH PAYMENT: The parties agree that in consideration of the provisions of this Agreement, HUSBAND shall pay to WIFE the amount of $50,000.00 on or before February 28, 2007, of which $10,000.00 is apportioned to Alimony Pendente Lite arrearage and $40,000.00 is attributed to equitable distribution of property. This payment represents a global resolution of the economic claims between the parties and is in satisfaction of WIFE's interest in the marital estate, arrearages owed for alimony pendente lite since March 2005 and WIFE's attorney fees. If payment in full is not made on or before February 28, 2007, the parties shall proceed according to the terms set forth in Paragraph Thirteen (13) and HUSBAND agrees that alimony shall thereafter accrue, payable to WIFE, at $800.00 per month until the amount due to WIFE is satisfied in full. 13. DIVISION OF REAL ESTATE: The parties acknowledge that HUSBAND owns two properties respectively located at 22 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania and 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. HUSBAND shall retain sole and exclusive ownership and possession of said properties. In order to satisfy the $50,000.00 payment to WIFE by February 28, 2007, HUSBAND agrees to immediately list for sale the property located at 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania. The parties shall agree upon a realtor to conduct the listing and sale of said property. If the parties cannot agree to a realtor, each shall choose a realtor and the two chosen realtors shall choose a third, neutral realtor, who shall be responsible for listing the property for sale. The property shall be listed for sale no later than December 15, 2006. HUSBAND shall execute an authorization to permit Timothy J. Colgan, Esquire and Laurie Lane to obtain and receive all information regarding the properties including any listing contract, listing price, showings, offers or contracts for sale. Only offers from bona fide qualified purchasers shall be accepted. If HUSBAND is able to refinance the mortgage to satisfy the debt to WIFE in full by February 28, 2007, HUSBAND shall thereafter be permitted to terminate the listing. If the property does not sell or HUSBAND is not otherwise able to satisfy the debt to WIFE by May 31, 2007, the 6 property shall be listed for public sale with a reputable auctioneer to be chosen by the mutual agreement of the parties or in the same manner as the realtor was chosen. As set forth in Paragraph Twelve (12), if WIFE is not paid in full by February 28, 2007, a springing Alimony obligation will arise in the amount of $800.00 per month until the $50,000.00 payment owed to WIFE plus the accrued Alimony obligation is paid in full. The reserve bid at the public sale shall be the amount necessary to satisfy all liens on the real estate, including tax liens and mortgages, plus the total amount due to WIFE by the date of the sale. The public sale shall occur no later than July 31, 2007. If the property sells at the public sale, closing shall occur not later than forty-five (45) days after the public sale. If the sale of the property located at 1163 Kingsley Road is insufficient to satisfy the debt owed to WIFE, the property located at 22 Colgate Drive shall be immediately listed for sale in the same manner as the Kingsley Road property. HUSBAND shall have ninety (90) days from the closing on the Kingsley Road property to sell the property located at 22 Colgate Drive or refinance the property to satisfy any unpaid portion to WIFE. If after ninety (90) days has passed since the closing on the Kingsley Road property and the debt to WIFE is not paid in full, the property at 22 Colgate Drive shall be listed for public sale in the same manner as the Kingsley Road property. The reserve bid at the public sale shall be the amount necessary to satisfy all liens on the real estate, including tax liens and mortgages, plus the total amount due to WIFE by the date of the sale. The public sale shall occur no later than November 15, 2007. If the property sells at the public sale, closing shall occur not later than forty-five (45) days after the public sale. As set forth in Paragraph Twelve (12), if WIFE is not paid in full as a result of the sale of the Kingsley Road property, HUSBAND's Alimony obligation shall continue in the amount of $800.00 per month until the total debt owed to WIFE is paid in full. HUSBAND shall remain solely responsible for any and all payments related to the mortgage, real estate taxes, homeowner's insurance and maintenance of said properties, and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments thereupon. After WIFE is paid in full under the terms of this Agreement, she thereafter waives her right to claim any equity which may exist in these properties in consideration of the various covenants and promises made herein. HUSBAND further agrees to indemnify and hold WIFE harmless for any 7 tax deficiency or other liabilities on either property that may have occurred during the marriage of the parties. 14. SUSQUEHANNA BANK ACCOUNTS: HUSBAND and WIFE are joint owners of three (3) Certificate of Deposit accounts (CDs) and a savings account at Susquehanna Valley Federal Credit Union. Specifically, the parties own three (3) CD's that, at the date of separation in October 2003, were in the approximate amount of $11,094.83, $10,800.47 and $14,382.72 respectively. HUSBAND and WIFE agree that the three CDs and the savings account at Susquehanna Valley Federal Credit Union shall become the sole and separate property of WIFE. HUSBAND specifically waives all right, title and interest in said accounts. 15. OTHER BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual and joint names. It is acknowledged that they have divided the jointly held accounts to their mutual satisfaction and they hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. 16. MOTOR VEHICLES: The parties have divided between them, to their mutual satisfaction, all vehicles owned during their marriage. Both parties agree that neither party will make any claim to any such vehicles which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waive, release, renounce and forever abandon whatever claim or claims he or she may have with respect to any vehicle which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. Each party is responsible for the vehicles distributed to them, including the payment of insurance and maintenance, and each party agrees to indemnify and hold harmless the other party for failure to make payments thereon. Further, each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 17. DEBT: It is agreed that the parties have accumulated debt during the marriage and that said debt has been divided to the mutual agreement of the parties. HUSBAND shall be responsible for and shall fully assume the balances on the debts distributed to him pursuant to this Paragraph and shall indemnify and hold WIFE harmless against any liability resulting from his failure to make payments as prescribed herein. WIFE shall be responsible for and shall fully 8 assume the balances on the debts distributed to her pursuant to this Paragraph and shall indemnify and hold HUSBAND harmless against any liability resulting from her failure to make payments as prescribed herein. Specifically, HUSBAND agrees to indemnify and hold WIFE harmless against any tax liabilities, personal, real estate or otherwise, that may have accrued during the marriage. 18. PENSIONS /RETIREMENT ACCOUNTS: Both parties hereby waive any right, title or interest they may have in any retirement or pension plan owned by the other party. 19. LIFE INSURANCE: Each party shall retain sole ownership of any life insurance policy they may have acquired in their individual name and shall make any beneficiary designation they deem appropriate. 20. HEALTH INSURANCE: Each party shall be responsible for providing their own l (L C,? tU& sVOloy ap t!w OMrvrc t?cc u?.. " ` health insurance coverage from the date of forward. LJ 21. ALIMONY: HUSBAND shall owe to WIFE alimony in the amount of $800.00 per month beginning March 1, 2007 and for each month thereafter until she is paid $50,000.00 plus all accumulated alimony as of the date of payment in full. Payments shall accrue but shall not be payable until the sale or refinance of the real estate as provided for in Paragraph Thirteen (13). Thereafter, except as provided for above, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 21. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 9 22. INCOME TAX: HUSBAND and WIFE agree to file separate tax returns. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any assessment of any such tax is made against either of them, HUSBAND will indemnify and hold harmless WIFE from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by HUSBAND. 23. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 24. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 25. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 26. WAIVER OF CLAIMS: WIFE specifically reserves the right to make a claim against HUSBAND's estate for any money due hereunder should HUSBAND die prior to satisfying his obligation to WIFE. Except to the extent that the debt to WIFE has not been fully satisfied 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 shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory 10 allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the 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 such interests, rights and claims. 27. 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. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 32. FINANCIAL DISCLOSURE: The parties confirm that they have. relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either parry, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 33. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 34. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 35. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. Yr t URIE J. RICHARD C. RUPP 4 U Timoth o gan, Esquire 12 ?? /`l E E S ?` 2`0"D`7 Fi LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) ORDER AND NOW, this day of , 2007, upon consideration of the Petition for Enforcement of Marital Settlement Agreement and Specific Performance, it is hereby ORDERED, ADJUGED AND DECREED that: 1. Defendant shall execute all documents necessary and cooperate to the fullest extent necessary to effectuate the public sale of the property at 1163 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania with Hardy Auction Service; 2. Defendant shall immediately pay the amount necessary in delinquent taxes on the 1163 Kingsley Road, Camp Hill property to remove it from the Tax Sale List; 3. Defendant shall pay the amount + for attorney fees incurred by Plaintiff 4. Defendant shall allow Plaintiff access to the residence at 22 Colgate Drive on 0m,07 s from ? m. to_7 m. to retrieve her remaining ?- P- personal and household belongii J. Distribution: Timothy J. Colgan, Esquire Richard C. Rupp, Esquire EB-06-2007 TUE 04:55 PM HOMESTEAD GROUP REALTOR FAX NO. 7177630280 '4 'fW 46? omstead INC P, 01 4076 MARKET STREET ! CAMP HILL, PA 1.701.1 . PHONE (717) 763-7500 / FAX (717} 763-0290 'Fax 4?0?1?UtL} To: TMOW Cot, ("Atl From' sitvr, Fax: 43Z 4426 Pages: 3 Phone: Date: Z 6 - a7 Re: 1t63 Kwmy? Rp cc: D Urgent U For Review D Please Corzment D Please Reply C1 Please recycle r Notes: TINA -- LM5I lorD MbtT uPUAn -- w wt 4 o t+ 21 t9 l art •Fee1s Like Home• The information coniainecl is this iecsimile Comm maim" dFa only fo.• the use of the parson rc) whom it is rladr&.?sed. 9 trre reader or th° communication vu are notifr::d teat raprUOf?ctiun, disiribuiion. ar disciosure of any par- of this dxum9nt is strictly pr /1 tai: in error pioase notify our ofijC( immediately. CC-2`007 TII_JE 041 1 HUInESIEm L-KUU Kr(iL;UK r; n iy,_, 1 r, ?uc?lu i. UL showing's at... 1163 Kingsley Road Expires 5/3112007 HOMESTEAD STEVE NORFORD Sat, Feb 03 02:00pm buver client - overpriced. needs a lot of work Sr?vr Norford 715/2007 Cvnfrn11L COLD%VELL BANKER (CARLISLL) JEFF MY ERS 245-2100 Sat. Feb 03 3:30 802-6494 Cane Scrnc 7/212007 Confumcd- 1 HOMESTEAD STEVE N ORFORD Fri, Feb 02 1:00 Investor - overpriced and needs too much work Steve Norford 2f512007 Coafrmcd- HOMESTEAD CLARENCE & PEGGY CH Tire, Jan 30 6:30p LEFT MESSAGE ,';'OR STEVE TO CE WICONFIRM4TION- TENANT # NOTABLE TO LEA IE MESSAGE Clarence & P--g67 C 1/101260? Confirmcd. JACK GAUGHEN (CAMP }TILL) DAVE YIEFFRON 761-4800 Mon, Jan 29 12:30pm -1 left message for tenant, agent cell 608-2561 Chandler Lewis 1/?R/2007 Conbnmd: 2 JACK GAWKN DAVID I[EFFRONT 608-2561 Sun, Jan 28 12:30pm rescheduled to Jan 28.12 -1 Deb Hcplcr 1/2712007 Confirmed: 1 HOWARD HANNA DETWEILER (CAMP WES THOMAS 9794733 Wed, Jan 24 10-11 Yvonne Smith 1/23/2007 Conlimw& 1 REMAX PROFESSIONALS (LJNGELnSTO 1M ICHELLE GOi. LD 3795869 Sun, Jan 21 01:00pm-2 Deb 1lrplcr 111912007 Confirmed 1 STRAUB & ASSOCIATES KELLY RINGLER 645-139 612-9901 Tue, Jan 16 3-3:30 tenant confirmed, tenant was not home could not get in Kimmy Dawson 111612007 Confinircd- C21 DISC DALE STIPE 6080034 Sat, Jan 13 11 tw interest Yvonnc Smh 1/1212007 ConGnned 1 REMAX PROFESSIONALS (LINGELSTO JIM LENKER 652-4700 Sat, Jan 13 12.30pm no interest Laurie Kciper 1/112007 Confirmed: REMAX PROFESSIONALS (LJNGELSTO DIANE FARRFLL 652-4700 Thu. Jan 11 06:30pm no interest Laurie Kuper 1/11/2007 Confimwd, C-21 PLSCIONERi REAVf Y NC DALE STIPE 608--0034 Sat, Dec 30 09:30am Wife has been through property. trucker husband was on the road and might like to see it. Cbandlcr Lcwia 110N/200 Confirmed I HOMESTEAD SA SwveNortord 2/512007 confined: Listing Agent: Stcvc Nw ford Tu, sday, Feb 06 3.49 pm Page I . D=EB-06-2007 TUE 04:56 PM HOMESTEAD GROUP REALTOR FAX NO. 7177630290 P, 03 Page i of i Subj: Link to Listings-Kingsley Rd Date: 2/5/2007 5-52:56 PM Eastern Standard Time From: stev?rtotF?rd c?centrafpa_com To: RupplawQff QQ cgaol_com Click Here to View Listings Hello Rich, Just wanted to send you an update with feedback on the Kingsley Rd. listing- It's been on the market now for 41 days, we've had the one interested buyer but could not come to terms with them. Everyone else who has seen the property(a dozen or so agents have shown it) thinks we are overpriced and that the hout.e needs way too much work.The 3 key factors in selling real estate are: Price, Condition, & Location. We are in a great location but the condition of the house is below average and we are overpriced based on the work that needs done. Mostly everything else listed in this price range is selling very quickly and the market is telling us that we are priced too high for the condition of the property. Included in this update is another house on Kingsley that was sold in 3 days by one of our agents here at the Homestead Group. I asked him how this one compared to my listing on your house. This one is in cherry condition with major updates and an addition o n the side for a family room. It was $149,500 and they sold it for that with $3,000 help toward buyer's closing costs,making the net sale to the seller at $146,500. 1 recommend a price reduction to $139,900 so we can be more competitive out there in the market- Please let me know ASAP if this is acceptable. Thankyou, Steve Norford STEVE NQRFORD@ (717) 909-4700 SteveNprford Centra1RA.cd_rr?. rxc ew ae,?u?o?c Notice: This email could be considered as an advertisement under federal law. If you prefer not to receive real estate listing information and updates via e-mail, Click Here or copy the following URL and paste into the address window of your browser to opt out. http-.Hpbp.fnismIs.corn/paragonsubscdptionsloptout,aspx'?recipient=&sender =e6934335-dfea-41a8-94b3-c9779239a4c4 Tuesday, February 06, 2007 America Online: Sbnorford Jan M. Wiley David J. Lenox Timothy J. Colgan Christopher J. Marzzacco THE N"LEY GROUP Attorneys at Law Wiley, Lenox, Colgan & Marzzacco, P .C. February 22, 2007 VIA FACSIMILE (717) 730-0214 Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21St Street, Suite 205 Camp Hill, PA 17011 Re: Laurie J. Lane vs. Richard C. Rupp No. 05-07-Civil Term Dear Richard: David E. Hershey Thomas M. Clark Angelica L. Revelant Paul J_ Kovatch As you know, per the Marital Settlement Agreement, if you do not pay Laurie in full by February 28, 2007, the alimony obligation of $800.00 per month commences and will be added to the overall payment due to Laurie. It is my understanding from review of the showing schedule and the comments made thereon, that the house is overpriced considering its condition. Also, the tenants have not been cooperative as to keeping the house in good order for showings. Finally, I am aware of attempted negotiations by a potential buyer offering $139,200.00, which was ultimately refused. As it seems that the house is not listed at a good faith price for sale, it is my opinion that the listing price should be lowered at this time, unless you are prepared to pay Laurie in full as per the Agreement. Thank you for your attention to this matter. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. 17A'O- ; 4 by Timothy J. Colgan TJC/alr LµN11V LCLLlV 130 W. Church Street, Suite 100 • Dillsburg, P Offices -9666 • (800) 682-4250 • Fax: (717) 432-0426 )ondale . MAR-09-2007 FRI 05:19 PM HOMESTEAD GROUP REALTOR FAX No, 7177630290 P. 01 'Il ae awstead ,? - rxc. - 40.75 MAPKET STR:E f /CAMP HILT , PA 170'' PHONE (717) 763-75ra0 /FAX (717) 763-0290. . F 7 zx C To: ?twi%y COLCAJ From: '`l'kyl~ >aoRCaQaD Fax: q32, - 0410 Pages: 3 Phone: Date: 07 Re: Ilb3 Kt?tGSt.1E`? CC: ? urgent ? For Review C7 Please Gorn,ment ? Please Reply ? Please Recycle e Notes: Tim E ' KE , Ht. WAS W Rm9 w r LD A01 Poofac aLLS Te j}AjS . t-4bff u oAm wtwt orF 3-m *Feet T,1 k c>- ?4nr 7he information contained in this facsimile camrnurji aaCreM,ed. ff Me reader of the communication is c disciosurra of any par: of this d4:?rngni is strictly prohi L- a i only fa? the use of the parson to whoa it is are noteied that reproduction, disiribubon. or in error, please norify our office immediwoly- • MAR-26-2007 ION 12:33 PM HOMESTEAD GROUP REALTOR FAX NO, 7177630290 P. 01/04 ,?c. •.. -4x75 MARKET STREET/ CAMP HILL, PA 1.7011 rL . PHONE (717) 763-7500 I FAX (717) 763-0290,- .]Tax JE ?Inao2i? To: T, mowc Cowkk) From: F2M: 43-1 - Pages: Phone: Date: Re'. CC: 0 Urgent 0 For Review 0 Please Comment 11 Please !6-b7 Reply ? Nease Recycle Notes: M11 100 HAS RM" LD W16 S. Fe el s Like Home& eo only io.- the use of the person to whom n is are notified that reproduction, disiriWion_ or -ure o(any pail of this dxurnwW is stndly pi-ohibfied. li you have received thj8 ax in errar, please notify our oltice inirnsdiacely. • APR-13-2007 FRI 12:33 PM HOMESTEAD GROUP REALTOR FAX NO, 7177630290 P, 01 4075 MARKET STREET / CAMP HILL, -PA 17011 PHONE (717) 763-7500 / FAX (717) 763-0290 Fly To: TiMayw CaL(,ArJ From: s" v NaR1=of??? Fax: 432- 047-16 Pages: Date, 4-13-01 Phone: Re: 1163 Ki?t?SLEY RD CC'. Q Urgent 0 For Review M Please Comment L-J Please Reply CI Please Recycle & Notes: 'Tim %A HWE CoWthunD LOL.. Ru?P BEcAusE vk N" AO oFFr<Q CW THE PROKU.'tY. VE HAVE At-Sb Coo-rhr-1 T3 MR. RuPP ?Bo?T THE Lt5[??G CouJS?At= MR RuP? "ks cvoT wuQrio AAY NOY- GALLS. ?> ,L t=a6t 'To CALL M1L ?o DISC usS . STEVE NOWFOO 329 - 57Z •Feels Like Homes www..CentralPA.com The infamafion contained in this facsimile communication is confidential and Intended only for the use of the person to venom it is addressed. If the reader of the communication is not the intended reapient you are noted that reproduction, distribution, or disclosure of any part of this document is strictly prOhibrtotf if is fax in error, please notify our office immediately. F )an M. Wiley David j. Lenox Timothy J. Colgan Christopher J. Marzzacco THE N"LEY GROUP Attorneys at Law Wiley, Lenox, Colgan & Marzzacco, PC. May 23, 2007 VIA FACSIMILE (717) 730-0214 Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21st Street, Suite 205 Camp Hill, PA 17011 Re: Laurie J. Lane vs Richard C. Rupp No. 05-07-Civil Term Dear Richard: David E_ Hershey Thomas M. Clark Angelica L. Revelant Paul J. Kovatch It is my understanding following a telephone call with Steve Norford with the Homestead Group that the listing for the property located at 1163 Kingsley Road, Camp Hill is being terminated at this time. To that end, please advise if you are prepared to pay the full amount due to Laurie as of May 31, 2007. In the alternative, per the terms of the Marital Settlement Agreement, we propose using Hardy Auction Service in Dillsburg for the public sale. Please advise if you agree to their use or indicate your proposal for an auctioneer no later than May 30, 2007. Please be advised that I am aware of the two offers made on the home, which you refused, including an offer for the full listing price including $5,000.00 seller help. It is our position that you have acted in bad faith since the signing of the Marital Settlement Agreement. Should you continue to act in this manner, I will file a Petition for Special Relief requesting that the Court compel your immediate compliance and award my client counsel fees for the needless expense that she continues to incur in this matter. I look forward to your prompt response. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. by Timothy J. Colgan TJC/alr cc: Laurie Lane` 130 W. Church Street, Suite 100 • Dillsbur Offi ._.?` C........ 432-9666 • (800) 682-4250 • Fax: (717) 432-0426 Carbondale Jan vi- Wiley David J- Lenox Timothy J. Colgan Christopher J. Marzzacco THE WILEY GROUP Attorneys at Iaw Wiley, Lenox, Colgan & Marzzacco, P.C. May 31, 2007 VIA FACSIMILE (717) 730-0214 Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21" Street, Suite 205 Camp Hill, PA 17011 Re: Laurie J. Lane vs. Richard C. Rupp No. 05-07-Civil Term Dear Richard: David E. Hershey Thomas P01- Clark Angelica L. Revelant Paul J. Kovatch I have not heard from you to date with regard to my letter dated May 23, 2007. Please advise whether you consent to the use of Hardy Auction Service in Dillsburg for the public sale or provide your suggestion for an auctioneer. If I do not have a response from you by June 4, 2007, a Petition to Enforce the Marital Settlement Agreement will be filed with a request for counsel fees. I look forward to your prompt response. Very truly yours, WILEY, LENOX, COLGAN & MARZZACCO, P.C. TJC/alr CC' Laurie Lane by Timothy J. Colgan 130 W. Church Street Suite 100 - Dillsburg 32-9666 • (800) 682-4250 • Fax_ (717) 432-0426 Offi, Carbondale Angel Revelant From: Tim Colgan [tcolgan@wiley4u.com] Sent: Thursday, August 02, 2007 1:51 PM To: 'Angel Revelant' Subject: FW_ Potential Client Inquiry from Web Site: www.wileygrouplaw.com FYI. Keep this for the file. Timothy J. Colgan, Esq. Managing Partner Wiley, Lenox, Colgan & Marzzacco, P.C. 130 West Church Street Suite 100 Dillsburq, PA 17019 (717) 432-9666 Facsimile (717) 432-0426 tcolgan@wiley4u.com The material contained in this message is attorney privileged and confidential. If you are not the intended recipient, please notify the sender immediately by return email or by calling the number listed above. -----Original Message----- From: LINDA GRADY [mailto:LINDASGRADY@AOL.COM] Sent: Thursday, August 02, 2007 11:29 AM To: Timothy Colgan Subject: Potential Client Inquiry from Web Site: www.wileygrouplaw.com This inquiry originated from your website: www.wileygrouplaw.com Comments: YOU CAN EITHER EMAIL OR PHONE. I REC YOUR FAX REGARDING 1163 KINGSLEY ROAD, I AM NOT AUTHORIZED TO RELEASE ANY INFORMATION TO YOU REGARDING THIS LISTING AND HAVE BEEN INSTRUCTED NOT TO BY MR RUPP. PUBLIC RECORD SHOWS MR RUPP AS OWNER OF THIS PROPERTY. THANK YOU LINDA S GRADY Preferred Contact Method: Phone Name: LINDA GRADY Company: REMAX REALTY Address: City: State: Zip: Phone: 717-608-5990 Fax: PROFESSIONALS Email: LINDASGRADY@AOL.COM This email was initiated at the Web site admin.wileygrouplaw.lawoffice.com. The content of this email is provided by and is the responsibility of the person posting the email communication. Your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You acknowledge that any reliance on material in email communications is at your own risk. THE WILEY GROUP 130 WEST CHURCH STREET DILLSBURG PA 17019 To: Laurie Lane 36 Scarsdale Drive Camp Hill, PA 17011 Date Transaction 12/31/2006 Balance forward 01/05/2007 INV #2002. 02/20/2007 INV #2053. 03/22/2007 INV #2099. 03/22/2007 INV #FC 2962. Finance Charge 05/01/2007 INV #2152. 05/01/2007 INV #FC 3068. Finance Charge 05/30/2007 INV #2195. 05/30/2007 INV #FC 3220. Finance Charge 07/01/2007 INV #2229. 07/05/2007 INV #FC 3355. Finance Charge 07/27/2007 INV #2272. 08/14/2007 INV #FC 3412. Finance Charge 09/06/2007 INV #2318. 09/25/2007 INV #2346. 10/08/2007 INV #2364. 10/08/2007 PMT # 10571. TJC 10/31/2007 INV #2417. CURRENT I 1-30 DAYS PAST I 31-60 DAYS PAST I 61-90 DAYS PAST DUE DUE DUE 0.00 1 740.00 40.00 Statement Date 11/14/2007 Amount Due Amount Enc. $820.00 Amount Balance 145.37 2,490.00 2,635.37 720.00 3,355.37 260.00 3,615.37 87.97 3,703.34 195.00 3,898.34 69.30 3,967.64 155.00 4,122.64 51.18 4,173.82 190.00 4,363.82 68.46 4,432.28 245.00 4,677.28 79.89 4,757.17 878.00 5,635.17 365.00 6,000.17 560.00 6,560.17 -5,920.17 640.00 180.00 820.00 OVER 90 DAYS PAST Amount Due DUE 40.00 $820.00 3 THE WILEY GROUP 130 WEST CHURCH STREET DILLSBURG PA 17019 Bill To Laurie Lane 36 Scarsdale Drive Camp Hill, PA 17011 Invoice Date Invoice # 2/20/2007 2053 Terms Net 10 Date Description Attorney Time Rate Amount 1/8/2007 Receipt and review of letter from opposing party; receipt and review of real estate showing report and advertising schedule; letter to client loop" Colgan 0.3 200.00 60.00 IIIIIIIIIIIIIIIIIN 011111111111111110 am" 1/16/2007 1/16/2007 Receipt and review of Affidavit from Richard; follow up with realtor regarding sale of house; letter to client; letter to opposing counsel Letter to client; letter to realtor Colgan Colgan 0.5 0.3 200.00 200.00 100.00 60.00 0 @ 1 W M 2/5/2007 2/6/2007 Letter to Steve Norford regarding listing Receipt and review of letter from Steve Norford; letter to client Colgan Colgan 0.2 0.2 200.00 200.00 4 4 0 0 O 40.00 300.W Total THE WILEY GROUP 130 WEST CHURCH STREET DILLSBURG PA 17019 Bill To Alp oil. Laurie Lane 36 Scarsdale Drive Camp Hill, PA 17011 Invoice Date Invoice # 3/22/2007 2099 Terms Net 10 Date Description Attorney Time Rate Amount 2/20/2007 Letter to Steve Norford regarding listing/showings Colgan 0.2 200.00 40.00 2/22/2007 Phone call with Steve Norford; letter to opposing party Colgan 0.3 200.00 60.00 3/5/2007 Letter to realtor Colgan Oft 0 .2 0111111111111114 200.00 40.00 3/12/2007 Receipt and review of showing schedule and report Colgan 0.2 200.00 40.00 3/20/2007 Letter to Steve Norford regarding sale of real estate Colgan 0.2 200.00 40.00 22. a -coo Total S? THE WILEY GROUP 130 WEST CHURCH STREET DILLSBURG PA 17019 Bill To Laurie Lane 36 Scarsdale Drive Camp Hill.. PA 17011 Invoice Date Invoice # 5/1/2007 2152 Terms Net 10 Date Description Attorney Time Rate Amount 3/27/2007 Letter to client Colgan 0.2 200.00 40.00 3/27/2007 Phone call from client Revelant 0.1 150.00 15.00 4/3/2007 Telephone call from client Revelant 0.2 150.00 30.00 4/13/2007 Letter to Realtor; phone call to Attorney Rupp Colgan 0.2 200.00 40.00 4/16/2007 Letter to client Colgan 0.2 200.00 40.00 4/17/2007 Phone call from client Revelant 0.2 150.00 30.00 Total $195.00 -ruT; AVIT EV CROUP 130 WEST CHURCH STREET DILLSBURG PA 17019 Bill To Laurie Lane 36 Scarsdale Drive Camp Hill_ PA 17011 Invoice Date Invoice # 5/30/2007 2195 Terms Net 10 Date Description Attorney Time Rate Amount 4/23/2007 5/15/2007 5/17/2007 I I Phone call with client Telephone call from client Telephone call with Steve Norford I Colgan Revelant Revelant ? 0.2 0.2 0.3 200.00 150.00 150.00 40.00 30.00 45.00 I Total $115.00 T7AT1L VVILEY GRvvP 130 WEST CHURCH STREET DILLSBURG PA 17019 Bill To Laurie Lane 36 Scarsdale Drive Camp Hill_ PA 17011 -dML Invoice Date Invoice # 7/l/2007 2229 Terms Net 10 Date Description Attorney Time Rate Amount 5/31/2007 Telephone call from client Revelant 0.2 150.00 30.00 5/31/2007 Letter to opposing parry Colgan 0.2 200.00 40.00 6/5/2007 Telephone call from client Revelant 0.2 150.00 30.00 6/7/2007 Telephone call from client Revelant 0.2 150.00 30.00 6/8/2007 Telephone call from client Revelant 0.2 150.00 30.00 6/11/2007 Telephone call from client, Letter to client Revelant 0.2 150.00 30.00 Total $ 190.00 THE WILEY CROUP 130 WEST CHURCH STREET DILLSRURG PA 17019 AML Bill To Laurie Lane _ 36 Scarsdale Drive Camp Hill_ PA 17011 Invoice Date Invoice # 7/27/2007 2272 Terms Net 10 Date Description Attorney Time Rate Amount 6/18/2007 Prepare Petition for filing Revelant 0.2 150.00 30.00 6/26/2007 Telephone call from client Revelant 0.2 150.00 30.00 6/27/2007 Serve Opposing Party with Rule by fax and letter; Copy to client Revelant 0.2 150.00 30.00 6/29/2007 Telephone call from client; Telephone call to Jack Cardello Revelant 0.3 150.00 45.00 7/2/2007 Receipt and review of Rule to Show Cause and Service upon opposing party; Colgan 0.2 200.00 40.00 Diaried file for expiration of rule period 7/12/2007 Telephone call from client Revelant 0.2 150.00 30.00 7/13/2007 Review of e-mail information re: Location of Richard Rupp; Phone call to Colgan 0.2 200.00 40.00 client I Total $245.00 THE WILEY GROUP 130 WEST CHURCH STREET DILLSBURG PA 17019 Bill To Laurie Lane 36 Scarsdale Drive Camp Hill, PA 17011 Invoice Date Invoice # 9/6/2007 2318 Terms Net 10 Date Description Attorney Time Rate Amount 7/19/2007 Phone call with client Colgan 0.3 200.00 60.00 7/23/2007 Telephone call from client Revelant 0.2 150.00 30.00 7/26/2007 Review opposing counsel letter; Review file Revelant 0.3 150.00 45.00 7/26/2007 Telephone call from client Revelant 0.2 150.00 30.00 7/26/2007 Letter to opposing party Colgan 0.2 200.00 40.00 7/27/2007 Telephone call from client Revelant 0.2 150.00 30.00 7/27/2007 Letter to Remax; Copy to client Revelant 0.2 150.00 30.00 7/27/2007 Phone call with client Colgan 0.3 200.00 60.00 7/30/2007 Prepare and file Lis Pendens Colgan 0.3 200.00 60.00 7/30/2007 Letter to opposing counsel Colgan 0.2 200.00 40.00 813/2007 Letter to Linda Grady with Lis Pendens, copy to opposing party and client Colgan 0.2 200.00 40.00 8/7/2007 Telephone call to Court; File Motion to Make Absolute Revelant 0.4 150.00 60.00 8/10/2007 Telephone call to client Revelant mime 0.2 150.00 30.00 8/17/2007 Review Order; letter to client Revelant 0.2 150.00 30.00 8/20/2007 Draft Petition for Counsel Fees Revelant 0.7 150.00 105.00 8/20/2007 Phone call with Realtor regarding sale of house Colgan 0.3 200.00 60.00 8/23/2007 Receipt and review of contract for 1163 Kingsley Colgan 0.3 200.00 60.00 7/31/2007 Filing fee for Lis Pendens Colgan 1 28.00 28.00 E3353 . co Total ?? fix- ILLY Vp"'OU 130 WEST CHURCH STREET DIL.L.SBURG PA 17019 Bill To Laurie Lane 36 Scarsdale Drive Camp Hill_ PA 17011 invoice Date Invoice # 9/25/2007 2346 Terms Net 10 Date Description Attorney Time Rate Amount 8/20/2007 Phone call with realtor Colgan 0.2 200.00 40.00 8/22/2007 Telephone call from client Revelant 0.2 150.00 30.00 8/22/2007 Telephone call from client Revelant 0.2 150.00 30.00 8/29/2007 Telephone call from client Revelant 0.2 150.00 30.00 9110/2007 Telephone call from client Revelant 0.1 150.00 15.00 9/11/2007 Phone call with Linda Grady at ReMax Colgan 0.2 200.00 40.00 9/11/2007 Telephone call from client Revelant 0.2 150.00 30.00 9/11/2007 Telephone call to client Revelant 02 150.00 30.00 9/13!2007 Telephone call to Tax Claims Office; telephone call to client Revelant 0.2 150.00 30.00 9/25/2007 l Prepare authorization and Praecipe to Strike Lis Pendens I Colgan I 0.6 150.00 I 90.00 1 Total $3+65.00 THE WILEY GROUP 130 WEST CHURCH STREET DILLSBURG PA 17019 Bill To Laurie Lane 36 Scarsdale Drive Camp Hill. PA 17011 Invoice Date Invoice # 10/8/2007 2364 Terms Net 10 Date Description Attorney Time Rate Amount 9/17/2007 Telephone call from client Revelant 0.2 150.00 30.00 9/18/2007 Telephone call from client Revelant 0.2 150.00 30.00 9/20/2007 Phone call with realtor Colgan 0.2 200.00 40.00 10/4/2007 Phone calls with Residential Commercial Abstract; phone calls with opposing Colgan 0.5 200.00 100.00 party 10/5/2007 Phone calls with Deb at Residential Commercial Abstract; representation at Colgan 1.8 200.00 360.00 Settlement regarding 1163 Kingsley Rd. E Total $560.00 THE WILEY GROUP 130 WEST CHURCH STREET DILLSBURG PA 17019 Bill To Laurie Lane 36 Scarsdale Drive Camp Hill; PA 17011 Invoice Date Invoice # 10/31/2007 2417 Terms Net 10 Date Description Attorney Time Rate Amount 9/20/2007 Telephone call from client Revelant 0.2 150.00 30.00 9/21/2007 Telephone call to client Revelant 0.2 150.00 30.00 9/25/2007 Prepare authorization and Praecipe to Strike Revelant 0.6 150.00 90.00 9/25/2007 Telephone call to client Revelant 0.2 0.00 0.00 10/2/2007 Telephone call to client Revelant 0.2 150.00 30.00 Total 1 $180.00 10/30/2007 15:47 7174320426 THE WILEY GROUP PAGE 07/10 : IN TIDE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-97 CIVIL TERM CIVIL ACTION - LAW (Divorce) VERMCTION i, Laurie J. Lane, verify that the statements made in this Petition are true and correct to the best of my knowledge; information, and belief. I understand that false statements herein are made su6j to the penalties of 18 Pa. CS. § 4904, relating to unsworn falsification to authorities. i ; I?;;,». etas n ' ! ®RIIE J. LANE, aitrti LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing Petition for Counsel Fees relating to the Enforcement of Marital Settlement Agreement by first class mail, postage pre-paid as follows: Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21St Street, Suite 205 Camp Hill, PA 17011 Richard C. Rupp 22 Colgate Drive Camp Hill, PA 17011 WILEY, LENOX, COLGAN & MARZZACCO By. Timothy J. an, quire Dated: ?..,? t"'? ? ...? ? r . ; ? _,? ` 'r ; { .1 j , ` ,i't -s . ??.,] _?i ' ".. _?' ts' + r' A LAURIE J. LANE, Plaintiff, V. RICHARD C. RUPP, Defendant. NOV 872D07P* IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-97 CIVIL TERM : CIVIL ACTION - LAW (Divorce) RULE TO SHOW CAUSE AND NOW, this day of 0 r' , 2007, a rule is hereby issued upon Defendant, Richard C. Rupp, to show cause why the attached Petition for Counsel Fees relating to the Enforcement of Marital Settlement Agreement should not be granted. RULE RETURNABLE doo DAYS FROM SERVICE. J. Distribution: Timothy J. Colgan, Esquire Richard C. Rupp, Esquire CC 0 [Ald 6Z A ON A??! (i.? !v _s I Hl JO It LAURIE J. LANE, Plaintiff VS. RICHARD C. RUPP, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNA * * NO. 05-97 * * * CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the attached Rule to Show Cause on the Defendant, by regular mail on December 5, 2007 and by regular mail to Defendant's place of business at 355 North 21St Street, Suite 205, Camp Hill, Pennsylvania 17011 on December 5, 2007. Date: December 5, 2007 WILEY, LENOX, COLGAN & MARZZACCO, P.C. B6 J ette L. Roberts COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF YORK On this, the 5th day of December, 2007, before me, a notary public, personally appeared Jeanette L. Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. NOTARY P C My Commission Expires: COMMONWEALY-l OF PENNSYLVANIA Notarial Seal S. Dawn Gladfelter, Notary Public Dillsburg Boro, York County LMy Cor mission Expires May 17,20M Member, Pennsylvania Association of Notaries • NOV 272007 LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY. PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) RULE TO SHOW CAUSE AND NOW, this day of P oewj ' , 2007, a rule is hereby issued upon Defendant, Richard C. Rupp, to show cause why the attached Petition for Counsel Fees relating to the Enforcement of Marital Settlement Agreement should not be granted. RULE RETURNABLE DAYS FROM SERVICE. J. Distribution: Timothy J. Colgan, Esquire Richard C. Rupp, Esquire O? 0 C) i ? Iti. Cn 00 e- A C? C7 i 'N M1 00 e- 3 An U-) 6N Lt. U a Mt Q tt N O Q a- * c ?a 00 i V- cv 00 N NO M ?- cm EV Cl) v- U (D r i:L Lli (D W '? J- 0- CO Q r. C O ? Y LU Qj w N - - f -2 C-6 0 Z: ? a i v MM CC M i V E U ? E GNU a 0 "? a a _ U X0 s 0 a- cv? end -Q-1 N y Q r? ? x ?n p v h-1 CL O • cn r- a _?< -C J N d C: cu:F n cn o 3 . _C W U o ? ru UC) N w U i ?=.`-? ?.n:a C _j ?': " ; ; t ? rrz? p__ , ? Q 1 p--? ? ?,, ;, y. _ _ _,. t; a ?r? :? r'"3 r .M`? LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Plaintiff, by and through her attorney, Timothy J. Colgan, Esquire of WILEY, LENOX, COLGAN & MARZZACCO, P.C., and submits this Motion to Make Rule Absolute as follows: 1. The Plaintiff is Laurie J. Lane (hereinafter referred to as "Wife") who currently resides at 36 Scarsdale Drive, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Richard C. Rupp (hereinafter referred to as "Husband") whose present address is 22 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania and who formerly had a principal place of business at 355 North 21 st Street, Suite 205, Camp Hill, Cumberland County, Pennsylvania. 3. On November 26, 2007, Plaintiff filed a Petition for Counsel Fees Relating to Enforcement of the Marital Settlement Agreement. 4. A Rule to Show Cause was issued on November 29, 2007, returnable twenty (20) days from service. (See Rule attached hereto, incorporated herein and marked as Exhibit A). 5. Said Rule was served on Richard Rupp by first class mail, postage prepaid on December 5, 2007 to both his home and business addresses (see Affidavit of Service attached hereto as Exhibit B). 6. More than twenty (20) days have expired since service of said Rule and Plaintiff has not received an answer to the Petition or the Rule to Show Cause. WHEREFORE, Plaintiff respectfully requests than the Rule issued on November 29, 2007 be made absolute and that Defendant be ordered to pay Plaintiff's counsel fees in the amount of $3,564.80 via certified funds or cashier's check within ten (10) days of the date of the Court's Order. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO Date: I- a! "08 Timothy J. C'olgax, Bquire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 b7ibit A NOV 2 720070'` LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) RULE TO SHOW CAUSE AND NOW, this day of 004AIM "007, a rule is hereby issued upon Defendant, Richard C. Rupp, to show cause why the attached Petition for Counsel Fees relating to the Enforcement of Marital Settlement Agreement should not be granted. RULE RETURNABLE DAYS FROM SERVICE. J. Distribution: Timothy J. Colgan, Esquire Richard C. Rupp, Esquire Exhibit B ..3 . LAURIE J. LANE, Plaintiff VS. RICHARD C. RUPP, Defendant AFFIDAVIT OF SERVICE I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult qp?d that she served the attached Rule to Show Cause on the Defendant, by regular mail on Decemb-r;$, 20( ancRn r- 7 by regular mail to Defendant's place of business at 355 North 21" Street, Suite 205 Camper Ill ,?? Pennsylvania 17011 on December 5.2007.' r Date: December 5, 2007 WILEY, LENOX, COLGAN & MARZZACCO, P.C. J ette L. Roberts COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK X IN THE COURT OF COMMON PLEAS x CUMBERLAND COUNTY, PENNA X X NO. 05-97 CIVIL ACTION - LAW IN DIVORCE : SS On this, the 5th day of December, 2007, before me, a notary public, personally appeared Jeanette L. Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. YZ to_, NOTARY P C My Commission Expires: PENNSYLVANIA Notarial S" S. Dawn i:. adt-ter, Notary Public Dilfsksilro & ><?, York County My Commission, F=ifes May 17,' NS Member. ppn?wi,.2^;r, 4c!!=iation of Notaries r _, EXHIBIT "A" r OV 272007/0"' LAURIE J. LANE, IN THE- COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY. PENNSYLVANIA V. NO. 05-97 CIVIL. TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) RULE TO SHOW CAUSE ir% AND NOW, this day of? 2007; a rile is hereby issued upon Defendant, Richard C. Rupp, to show cause why the attached Petition for Counsel Fees relating to the Enforcement of Marital Settlement Agreement should not be granted. RULE RETURNABLE (5rV DAYS FROM SERVICE. J. Distribution: Timothy J. Colgan, Esquire Richard C. Rupp, Esquire r ?t 1? Cn O+ C) O 4 r?% r_v r- k r 00 Ln Ln cn 6:. rrl ? U? QQ t o. CL U uj ez. a lam ? t , !a w W 2 PC ?K Ca '10 00 - D r R1 DJ' i a O U ? Ql h a o o V cu ? ?1 cu a i < j W res ? u ,.. s ao 0 . L? ?Q ? UQ bA 3 W h r1 W U ? H LO 0 N _N N CO .: O -C) co (D T- W Q) Y M-W N d ?C,6 o2 mazes. -CL u-) E .2 :D QfcrCCO co U O+ C. C? o+ cu r_ 10 00 r- n Ul C a M Q w pp p a l? r° tt ? ? ? W '? ?K C,J u3 .}ti Q N W M r'- N ?- 9-- 00 ar 41 a o L11' CC a Z3` cu 0)_ c?oa vU E N U tU o 0 Va oo V Cu Um ()Q ` ?° 4 ro Up ao W 0 O x N . , LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire, hereby certify that I have served a true and correct copy of the foregoing Motion to Make Rule Absolute by first class mail, postage pre-paid as follows: Richard C. Rupp, Esquire RUPP & MEIKLE, P.C. 355 North 21St Street, Suite 205 Camp Hill, PA 17011 Richard C. Rupp, Esquire 22 Colgate Drive Camp Hill, PA 17011 WILEY, LENOX, COLGAN & MARZZACCO Date: ( - a"f - d t Timothy squire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 h+,J 3 Fn 2008 LAURIE J. LANE, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-97 CIVIL TERM RICHARD C. RUPP, Defendant. CIVIL ACTION - LAW (Divorce) ORDER AND NOW, this day of , 2008, upon consideration of the Petition for Counsel Fees Relating to Enforcement of the Marital Settlement Agreement, it is hereby ORDERED, ADJUDGED AND DECREED that Defendant be ordered to pay Plaintiff's counsel fees in the amount of $3,564.80 via certified funds or cashier's check within ten (10) days of the date of the Court's Order. B J. Distribution: 'Timothy J. Colgan, Esquire ?Richard C. Rupp, Esquire F.S rYt L1., I Ilas1os 6 1 w 1J 17 ' f -J' LAURIE J. LANE, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 05-97 * RICHARD C. RUPP, Defendant TO THE PROTHONOTARY: * * CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO STRIKE AND RELEASE LIS PENDENS Please strike and release the Lis Pendens indexed against the following real property: a. 22 Colgate Drive, Northern Part of Lot 45, and Major Part of Lot 46, Plan 2, Cedar Cliff Manor, Lower Allen Township, Plan Book 7 pages 13 and 14, Parcel No. 13-23- 0547-539. The owner of this property is Richard C. Rupp, vested by virtue of deed dated February 15, 1996 and recorded February 20, 1996 in Cumberland County Records, Deed Book 135 page 115. A Mortgage on said property is held with the Financial Trust Company dated February 15, 1996 and recorded February 20, 1996 in Mortgage Book 1303 page 614. Respectfully submitted, COLGAN MARZZACCO LLC By: Timothy J. Ctfg6n, ESQuire Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: ?" 2-1 ^08 ?? e 'V r N A ?a ,_?,i ?'; '? =C! C a ? ? -. - '? ;USA' ? ^Ct ..?. ? ? ; ?..? r ?? 1..::. ? ?'. -" .. . _ r ? " j? ?^' . Y . , ?„'. ? '.." . ?.?