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HomeMy WebLinkAbout05-2072ROBERTA BOOK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNS VANIA VS. CIVIL ACTION - LAW NO. 1S J07;) CIVIL TERM CRAIG BOOK, Defendant IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against th 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 ou 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 hildren. When the ground for the divorce is indignities or irretrievable breakd wn 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 Court Howe, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEP ONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ATMRNEYS•AT•LAW 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & Attorneys for Plaintiff By: Carol ?. Lindsay, ID# 693 26 West High Stre( Carlisle, PA 17013 (717) 243-6222 ROBERTA BOOK : IN THE COURT OF COMMON Plaintiff : CUMBERLAND COUNTY, PEN VS. CIVIL ACTION -LAW NO. CIVIL TERM CRAIG BOOK, `2o9z. Defendant IN DIVORCE COMPLAINT SAIDIS SHUFF, FLOWER & LINDSAY A77ORNEYS-AT•IAW 26 W. High Street Carlisle, PA Roberta Book, Plaintiff, by and through her attorneys, SAIDIS, SHUFF, LINDSAY, respectfully represents: 1. The Plaintiff is Roberta Book, who currently resides 114 Newville, Cumberland County, Pennsylvania 17241, where she has September 1983. 2. The Defendant is Craig Book, who currently resides at Avenue, Carlisle, Cumberland County, Pennsylvania 17013, where he since October 2004. 3. The Plaintiff and Defendant both have been bona fide 5 OF /ANIA Road, since Rebecca resided in the Commonwealth of Pennsylvania for at least six months immediately prior tp the filing of this Complaint. 4. The Plaintiff and Defendant were married on September Carlisle, Pennsylvania. 5. That there have been no prior actions of divorce or for between the parties in this or in any other jurisdiction. 1982, at 6. The Plaintiff avers that she is entitled to a divorce on the groujd that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counsel)ng and of the right to request that the Court require the parties to participate id marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys for Plaintiff By: Carol 3. Lindsa , Esq ID # 446 ?3 26 West ig Street Carlisle, PA 17013 (717) 243-6222 Date: 2-f SAIDIS SHUFF FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein ai correct. I understand that false statements herein are made subject to the 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Book Date: yIllfl'-VDs SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEVS•AT•LAW 26 W. High Sheet Carlisle, PA true and Ities of I .j ?jj S V r? U: _y emu, `7 z?? ROBERTA BOOK : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA CRAIG BOOK, VS. CIVIL ACTION -LAW NO. 05-2072 CIVIL TERM DEFENDANT : IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, GALEN R. WALTZ, Esquire, attorney for Defendant, Craig Book, in the above captioned action, hereby accept service of the Divorce Complaint in the above action on April, 2005 on Defendant's behalf and hereby acknowledge that I am authorized to do so. GALEN R. WAL TURO LAW CES 28 SOUTH PITT STREET CARLISLE, PA 17013 APR 2 6 2009 ROBERTA BOOK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 05-2072 CIVIL TERM CRAIG BOOK, Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Now comes Roberta Book, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marr on September 18, 1982. 2. The parties separated on or about October 30, 2003. 3. Petitioner is without the ability to earn income sufficient to meet reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimc pendente lite in an amount equal to the Pennsylvania State Support Guidelines a reasonable attorney's fees. SAIDIS HUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff By:_j I Carol J. in say, Esquire # 446 26 West High Street Carlisle, PA 17013 (717) 243-6333 ROBERTA BOOK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2072 CIVIL TERM CRAIG BOOK, CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys hereby certify that on this t6 day of 2005, served the within Petition for Alimony Pendente Llte this day b epositing same in the United States Mail, Postage Prepaid, Pennsylvania, addressed to: Galen Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: (14001,4 4\02 Caro indsay, Es ire ID# zl?403 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS HUFF, FLOWER & LINDSAY ATPORNEYS•AT-LAW 26 W. High Street Carlisle, PA N ? l? f" [-? 4?? -? ?? :- ? m -*t F - _.. i rr : ?" 1 `?;? f-? Fn ?? _? CFJ .' ROBERTA BOOK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CRAIG BOOK, VS. CIVIL ACTION -LAW NO. 05-2072 CIVIL TERM Defendant : IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Roberta Book ADDRESS 114 Mountain Road, Newville, Cumberland County, Pennsylvania BIRTH DATE September 7, 1955, Brooklyn, N.Y. SOCIAL SECURITY NUMBER 175-48-4076 HOME PHONE 776-5993 WORK PHONE 241-4044 EMPLOYER NAME AGI Fundraising EMPLOYER ADDRESS 1412 Trindle Road Carlisle, PA 17013 JOB TITLE/POSITION Office worker DAME EMPLOYMENT COMMENCED Au ust 2001 GROSS PAY 1,105.00 Bi-weekly NET PAY 877.63 Bi-weekly OTHER INCOME None ATTORNEY'S NAME Carol J. Lindsay, Esquire ATTORNEY'S ADDRESS 26 West High Street, Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER (717) 243-6222 RESPONDENT NAME Craig Book ADDRESS 1008 Rebecca St., Carlisle, PA 17013 BIRTH DATE August 5, 1951 SOCIAL SECURITY NUMBER 206-36-7200 HOME PHONE Cell: 440-0015 EMPLOYER NAME Naval Inventory Control Point EMPLOYER ADDRESS Navy Depot, Mechanicsburg, PA JOB TITLE/POSITION Clerk, Navy Depot DATE EMPLOYMENT COMMENCED October 1981 GROSS PAY Estimated $5,468.00 / month NET PAY Estimated $4,117.00 / month OTHER INCOME Unknown ATTORNEY'S NAME Galen Waltz, Esquire ATTORNEY'S ADDRESS 28 South Pitt St. Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER (717) 245-9688 MARRIAGE INFORMATION DATE OF MARRIAGE Se tember 180, 1982 PLACE OF MARRIAGE Carlisle, Pennsylvania DATE OF SEPARATION October 30, 2003 ADDRESS OF LAST MARITAL HOME 114 Mountain Road, Newville, Cumberland County, Pennsylvania DESCRIPTION OF DOCUMENT RAISING APL CLAIM Petition DATE APL DOCUMENT FILED ROBERTA BOOK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2005-2072 CIVIL TERM CRAIG BOOK, IN DIVORCE Defendant/Respondent PACSES # 226107448 ORDER OF COURT AND NOW, this 8" day of July 2005, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on July 28, 2005 at 70:30 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 Remns, 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 7-8-05 to: < Respondent Carol Lindsay, Esquire Galen Waltz, Esquire Date of Order: July 8, 2005 ?} J ?- R. : Shadday, Conference Officer ? 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 ROBERTA BOOK IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION -LAW NO. 05-2072 CIVIL TERM CRAIG BOOK, Defendant : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Now comes Roberta Book, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on September 18, 1982. 2. The parties separated on or about October 30, 2003. 3. Petitioner is without the ability to earn income sufficient to meet het reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimor pendente lite in an amount equal to the Pennsylvania State Support Guidelines an reasonable attorney's fees. SAIDIS, SHUFF, FLOWER & LINDSAY Attomeys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATrORNRTS•AT•LAW 26 W. High Street Carlisle, PA By 26 West High Street Carlisle, PA 17013 (717) 243-6333 ROBERTA BOOK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION -LAW : NO. 05-2072 CIVIL TERM CRAIG BOOK, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys hereby certify that on this _ t 6 day of 2005, served the within Petition for Alimony Pendente Llte this day b epositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Galen Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff i By:___I Caro Edsay, Es ire ID# 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA c> -G co 0 z rn? v m `L} RECEIVED JUN 2 0 2005 ROBERTA BOOK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW NO. 05••2072 CIVIL TERM CRAIG BOOK, Defendant : IN DIVORCE h? 107qw, DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME Roberta Book ADDRESS 114 Mountain Road, Newville, Cumberland County, Pennsylvania BIRTH DATE September 7, 1955, Brooklyn, N.Y. SOCIAL SECURITY NUMBER 175-48-4076 HOME PHONE 776-5993 WORK PHONE 241-4044 EMPLOYER NAME AGI Fundraisin EMPLOYER ADDRESS 1412 Trindle Road Carlisle, PA 17013 JOB TITLE/POSITION Office worker DAME EMPLOYMENT COMMENCED August 2001 GROSS PAY 1,105.00 Bi-weekly NET PAY 877.63 Bi-weekly OTHER INCOME None ATTORNEY'S NAME Carol J. Lindsay, Esquire ATTORNEY'S ADDRESS 26 West High Street, Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER (717) 243-6222 RESPONDENT NAME Craig Book ADDRESS 1008 Rebecca St., Carlisle, PA 17013 BIRTH DATE August 5, 1951 SOCIAL SECURITY NUMBER 206-36-7200 HOME PHONE Cell: 440-0015 EMPLOYER NAME Naval Inventory Control Point EMPLOYER ADDRESS Navy Depot, Mechanicsburg, PA JOB TITLE/POSITION Clerk, Navy Depot DATE EMPLOYMENT COMMENCED October 1981 GROSS PAY Estimated $5,468.00 / month NET PAY Estimated $4,117.00 / month OTHER INCOME Unknown ATTORNEY'S NAME Galen Waltz, Esquire ATTORNEY'S ADDRESS 28 South Pitt St. Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER (717) 245-9688 MARRIAGE INFORMATION DATE OF MARRIAGE September 18 , 1982 PLACE OF MARRIAGE Carlisle, Pennsylvania DATE OF SEPARATION October 30, 2003 ADDRESS OF LAST MARITAL HOME 114 Mountain Road, Newville, Cumberland County, Pennsylvania DESCRIPTION OF DOCUMENT RAISING APL CLAIM Petition DATE APL DOCUMENT FILED N c? c? ? "11 f? er+ 4 "!^ .- ? T P, C- ? f t' t 'l7? ?? ` ) : ?? '"l3 -?'-l °F T'. c` (.? ? ? ROBERTA L. BOOK, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION ., DIVORCE NO. 2005-2072 CIVIL TERM CRAIG W. BOOK, IN DIVORCE Defendant/Respondent PACSES # 226107448 ORDER OF COURT AND NOW, this 26 s day of July, 2005, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shad dav on August 30.2005 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 7-26-05 to: < Respondent Carol Lindsay, Esquire Galen Waltz, Esquire Date of Order: July 26, 2005 R. Shadday, Conference Officer ( , 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 Y.., C) ?> i , r c? -p cn = <,__ ?. _. .:_. ? _ 1 ?'1 ?_': i -., ?,. ra ?} r'_ J _,_. i.C. G) ROBERTA BOOK, Plaintiff, Petitioner vs. CRAIG BOOK, Defendant, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2072: CIVIL TERM IN DIVORCE PACSES No. 226107448 PRAECIPE TO THE PROTHONOTARY: Please withdraw the Petition for Alimony Pendente Lite filed by Roberta Book in the above-captioned matter. SAIDIS, SNUFF, FLOWER & LINDSAY, P.C. Attorneys f? Plaintiff By: Esquire Carol J. LindsiStreet ID# 446 3 26 West igh Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 w. High Street Carlisle, PA ROBERTA BOOK, IN THE COURT OF COMMON PLEAS OF Plaintiff, Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-2072 CIVIL TERM CRAIG BOOK, Defendant, Respondent IN DIVORCE PACSES No. 226107448 CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, hereby certify that on this 261h day of August, 2005, 1 served the within Praecipe to Withdraw Petition for Alimony Pendente Lite on this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff _ By: ID# 44693 26 West H4/tree Carlisle, PA 17013 {717} 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTOKNEYS•AT•LAW 26 W. High Street Carlisle, PA L T O fF _j `) K c"I In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROBERTA L. BOOK ) Docket Number 05-2072 CIVIL Plaintiff ) VS. ) PACSES Case Number 226107448 CRAIG W. BOOK ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 26TH DAY OF AUGUST, 2005 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE filed on JULY 8, 2005 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF, WIFE, WITHDRAWING HER COMPLAINT FOR :ALIMONY PENDENTE LITE AND THE PARTIES' AGREEMENT. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE Q?aev GE Form OE-506 Service Type M Worker ID 21005 f) ? fl uz 53 G [11?. MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 STEVEN CARTER, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 2005-2455 02 GROUP, LLC and PATRICIA ) L. MARBAIN, ) CIVIL ACTION - LAW Defendants ) PLAINTIFF'S ANSWER TO NEW MATTER AND COUNTERCLAIM OF DEFENDANT PATRICIA L. MARBAIN 35. This averment is a legal conclusion to which no answer is required. 36. Denied as stated. Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment with the exception that Plaintiff is aware that Defendant Marbain entered into a lease agreement which was attached as Exhibit B to Plaintiff s Complaint. If Defendant Marbain is referring to anything else besides this lease agreement, then it is therefore denied. 37. Admitted. It is admitted that, upon information and belief of Plaintiff, the lease attached as Exhibit B to Plaintiffs Complaint is the only lease between Defendant Marbain and the owner of 850 State Street, Lemoyne, Pennsylvania. 38. Admitted. 39. Admitted in part. It is admitted in part that the averment correctly references language in the lease. All other inferences that Defendant Marbain is alleging with regard to this reference is denied. 40. Denied. Plaintiff is without knowledge sufficient to form a belief as to what type of parking is located at 850 State Street, the property which is leased by Defendant Marbain. Furthermore, Plaintiff is unaware and without knowledge as to what use Defendant Marbain had of parking spaces located at 900 State Street prior to his ownership. 41. Denied. Paragraph 41 is a legal conclusion to which no answer is required and strict proof thereof is demanded at the trial of this case. 42. Admitted in part and denied in part. It is admitted that Plaintiff knew that Defendant Marbain was permitted to use some parking spaces at 900 State Street by the previous owner. It is denied that any permission to use any of the parking spaces by the previous owner at 900 State Street obligated Plaintiff in any way to continue to permit Defendant Marbain to use the parking spaces at 900 State Street. It is further averred that any permission that Defendant Marbain had to use any parking spaces at 900 State Street with the prior owners did not legally obligate that permission to continue after being purchased by Plaintiff. 43. Denied as stated. Plaintiff is without knowledge sufficient to form a belief as to the intent or meaning of this averment and therefore it is denied. In the event that this averment is suggesting that somehow Plaintiff had an obligation or requirement to continue any permitted use of the property by the previous owner, then it is denied. 44. Denied. Paragraph 44 is a legal conclusion to which no answer is required and therefore it is denied and strict proof thereof is demanded at the trial of this case. 45. Denied. It is specifically denied that Defendant Marbain's use of the parking spaces prior to ownership by Plaintiff created an implied easement which continues after the purchase of the property to the Plaintiff. 46. Denied. It is specifically denied that Plaintiff s purchase of 900 State Street is subject to Defendant Marbain's use of the parking spaces located on the property. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in his favor in accordance with the Complaint filed hereto. ANSWER TO COUNTERCLAIM - QUIET TITLE 47. Plaintiff incorporates the averments contained in its Complaint along with the answers to the New Matter herein. 48. Denied. It is specifically denied that Defendant Marbain has acquired an easement in the parking spaces located at 900 State Street. It is averred that Defendant Marbain has no legal rights to use the parking spaces contained therein. Further, Plaintiff incorporates its averments in its Complaint in this answer. 49. Denied as stated. It is denied that Plaintiff has interfered with Defendant Marbain's right to use the parking spaces located at 900 State Street because Defendant Marbain does not have any right to use the parking spaces located at 900 State Street. 50. Admitted. 51. Denied as stated. Plaintiff does not believe that there is any controversy over Defendant Marbain's use of the parking spaces located at 900 State Street nor does Plaintiff believe that Defendant Marbain has any legal right to use the parking spaces located at 900 State Street. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in its favor and against Defendant Marbain on this counterclaim. Respectfully submitted, r / IC AEL L. BANG Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION I hereby verify that the statements made in the foregoing; document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: g Z5 DS STEVEN CARTER CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing document by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Thomas O. Williams, Esquire Reager & Adler 2331 Market Street Camp Hill, PA 17011 Kimberly M. Colonna, Esquire McNees Wallace & Nurick 100 Pine Street Harrisburg, PA 17108-1166 DATE: Z? DY S HESBRO Legal Assi tant 5 r? ?1 ? ? ?~ T ?. .....- ft1 ?" ?t v ??'''(r) r, ?J ?C7 ?r??. ..w} i1 ^' (?? ' d?.r ROBERTA BOOK, Plaintiff V. CRAIG BOOK, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 05 - 2072 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for the Defendant, Craig Book, in the above captioned case. Date: i 49 r Lialen R. Waltz, Esquire Turo Law Offices 00 28 S. Pitt Street Carlisle, PA 17013 (717) 245-9688 PRAECIPE TO Enter APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Defendant, Craig Book, in the above captioned case. Date: (J/?f Karl E. Rominger, Esquire Rominger, Bayley & Whare 155 S. Hanover St. Carlisle, PA 17013 (717) 241-6070-9688 ID # 81924 Attorney for Defendant ?_? : rj > ?7 V? ?? •? ? i ?1 j ...,?y ? 1 u ?f{ ] !.? [i hJ :? ROBERTA BOOK, Plaintiff V. CRAIG BOOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 05 - 2072 CIVIL TERM : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Craig Book, Defendant, moves the Court to appoint a Master with respect to the following claims: (x) Divorce ( x) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( x) Counsel Fees ( ) Alimony Pendente Lite ( x) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The defendant has appeared in the action by his attorney, Karl E. Rominger, Esquire. 3. The statutory ground(s) for divorce are irreconcilable differences. 4. The action is not contested. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. Date: ?? Karl E. Rominger, Esquire Attorney for Defendant ROBERTA BOOK, Plaintiff V. CRAIG BOOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 05 - 2072 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Craig Book, Defendant, moves the Court to appoint a Master with respect to the following claims: ( x) Divorce ( x ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony (x) Counsel Fees ( ) Alimony Pendente Lite ( x ) Costs and Expenses and in support of the Motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The defendant has appeared in the action by his attorney, Karl E. Rominger, Esquire. 3. The statutory ground(s) for divorce are irreconcilable differences. 4. The action is not contested. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take I day. Date:-//; ?"V /-7 2 06Z Karl E. Rominger, Esquire Attorney for Defendant to Cl c ? r, v 5 ROBERTA BOOK, Plaintiff V. CRAIG BOOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 2072 CIVIL TERM : IN DIVORCE ORDER APPOINTING MASTER AND NOW, this Jk day of 2006, , 7 Esquire, is appointed Master with respect to the following claims: 1. Divorce. 2. Equitable distribution. 3. Counsel Fees. 4. Costs and Expenses. Distribution: Z,X-a'rl Rominger, Esquire Lindsay, Esquire WICAte By the Court: 1 J. CA -CY 0 co C, ?J L C5 ROBERTA BOOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-2072 CIVIL TERM CRAIG BOOK, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 21, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: // Z T? Craig o endant -7 `j Ir v lC> _? ROBERTA BOOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-2072 CIVIL TERM CRAIG BOOK, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: > /z, 7 La Crai , Defendant ID ROBERTA BOOK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 05-2072 CIVIL TERM CRAIG BOOK, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 21, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: // ? 1 Robe a Book PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAIDIS, FLOWER & LINDSAY AT URNM-AT.LAW 26 West High Street Carlisle, PA and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 11°LIle to , - Z Roberta Book ?? ?? ?..> ?1 ? - -:_a ?, r? ---o .: U,? - -- ? ?a 1 n ??^ '?-, ROBERTA BOOK, Plaintiff VS. CRAIG BOOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 2072 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of r2006, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated November 2, 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, ,.1 G Edgar B. Bayley, P. a. cc: JLarol J. Lindsay Attorney for Plaintiff ,1arl E. Rominger Attorney for Defendant ai d S ROBERTA BOOK, Plaintiff V. CRAIG BOOK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2072 CIVIL TERM IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this day of &ZZL..2006, between CRAIG BOOK, of 1008 Rebecca Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and ROBERTA BOOK, of 114 Mountain Road, Newville, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on September 18, 1982 in Carlisle, Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 05-2072 Civil Term; and R.3: On July 22, 2004, the parties entered into a Separation Agreement, a copy of which is attached hereto as Exhibit "A". R.4: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. 1 t, R5: The parties also desire to settle their issues of alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to cant' out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: According to the terms of the Separation Agreement of July 22, 2004, Husband transferred to Wife all his right, title and interest in the marital home at 114 Mountain Road, Newville, Cumberland County, Pennsylvania. Wife remains responsible for all claims resulting from her ownership of the marital home and will indemnify and hold Husband harmless on account of any such claims. The parties have modified the July 22, 2004 Agreement so that Husband will receive $20,000.00 from the sale of the marital home at such time as Wife sells it. 2 (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that all marital debt was paid pursuant to their Agreement of July 22, 2004 and that neither has any knowledge of any joint obligation which was marital debt and for which the other might be liable. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on October 30, 2003, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: By the Separation Agreement of July 22, 2004, the parties distributed their motor vehicles and all of the debts on those vehicles. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, 3 insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Notwithstanding the above, Husband, by Domestic Relations Order, will transfer to Wife 35% of the marital portion of the CSRS. pension with a cost of living increments into the future. The marital portion is a fraction, the denominator of which is the number of months of service under the CSRS system and the numerator is the number of months between the parties' marriage on September 18, 1982 and the date of separation of October 30, 2003, plus 1.98 years of military service bought into the CSRS system during the course of the marriage. Husband will elect the maximum survivor annuity for which Wife shall be the beneficiary upon his retirement. Wife shall pay 35% of the cost of the survivor annuity. The parties will execute a Domestic Relations Order prepared by Harry Leister of Conrad Seigel Actuaries, at Husband's expense, within ten (10) days of presentation and will submit the Order to the Office of Personnel Management for implementation. (8) SUPPORT OF CHILDREN: Husband will pay for the following expenses of the parties' children, Renee Marie Book, born August 4, 1986, and Matthew Craig Book, born September 19, 1987, until such time as each child attains 22 years of age or completes four years of college: 1. The cost of Matthew's automobile insurance; 2. Health insurance for the children; and 3. Premiums to maintain Matthew's and Renee's life insurance policies. (9) ALIMONY: Husband will pay to Wife as alimony the non-modifiable sum of $825.00 per month commencing the date of the entry of the Decree in Divorce and continuing each and every month until the occurrence of one of the following: 1. The death of Wife. 4 I 2. The death of Husband. 3. The remarriage or cohabitation of Wife with a member of the opposite sex not within the degrees of consanguinity. 4. Husband's retirement from Federal employment. Nevertheless, Husband shall not seek a termination of alimony as a result of his retirement from the Federal government for a period of four (4) years from the date of this Agreement unless his employment has been the subject of an involuntary reduction in force by the Federal government or unless he has suffered a serious health condition requiring the termination of his employment. Said health condition would be one which was uncontrollable or uncontrolled by a medical treatment and one which causes his physician to recommend the termination of his employment. It is the intention of the parties that Wife's alimony, when terminated, be immediately substituted by her share of the pension payments. The parties acknowledge that they know one another's Social Security Number. Alimony payments shall be deductible from Husband's gross in come for the purpose of filing federal income tax returns and includible in Wife's gross income for the same purpose. The alimony payment set out herein shall be paid directly by Husband to Wife each month by the tenth (10th) day of each month commencing the tenth (10th) day of the month immediately following the date of this Agreement and that Husband shall pay the spousal support as agreed through the month of this Agreement. In the event that Husband fails to make alimony payments directly as set out herein, Wife may enter this Agreement for alimony in the Office of the Domestic Relations of Cumberland County or of a county having jurisdiction over Husband for enforcement. Enforcement shall be by attachment of his wages. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been 5 notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, Wife is represented by Carol J. Lindsay, Esquire and Husband is represented by Karl Rominger, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf, except that Husband will reimburse Wife for one- half of the cost of preparation of a Domestic Relations Order allocating the CSRS pension as prepared by Harry Leister of Conrad Seigel Actuaries and one-half of the costs of Wife's attorney's fees to prepare this Agreement, said combined costs not to exceed $400.00. (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 6 (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, 7 I maintenance, alimony, alimony pendente Fite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in 8 connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 9 (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: ob rta Book J Craig 10 ROBERTA BOOK, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-2072 CIVIL TERM CRAIG BOOK, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant's attorney accepted service of the Complaint on April 22, 2005. An Acceptance of Service was filed with the Court on April 25, 2005. 3. Date Affidavit of Consent required under Section ?301(c) of the Divorce Code was executed: By Plaintiff: November 2, 2006 and filed with Prothonotary on November 13, 2006. By Defendant: November 7, 2006 and filed with Prothonotary on November 8, 2006. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated November 2, 2006 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was executed: By Plaintiff: November 2, 2006 and filed with Prothonotary on November 13, 2006. By Defendant: November 7, 2006 and filed with Prothonotary on November 8, 2006. SAIDIS, FLOWER & LINDSAY NEWAT-W 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, uire Supreme Court D o. 44693 26 West High Skre6t Carlisle, PA 17013 717-243-6222 C cr "y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ROBERTA BOOK No. 05-2072 VERSUS CRAIG BOOK DECREE IN DIVORCE AND NOW, e- L b -2 bah, IT IS ORDERED AND ROBERTA BOOK DECREED THAT , PLAINTIFF, AND C- BOOK DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the Separation and Property Settlement Agreement dated November 2, 2006 are incorporated, but not merged, into this Decree in Divorce. BY THE COURT: 0 ATTE : PROTHONOTARY MAR O 5 2008 ,N? Roberta Book Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE Craig Book Defendant NO. 05-2072 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. Craig Book ("Participant") is a Participant in the Plan. Roberta Book ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Craig Book VJLL dt9. CS" Social Security No.: 206-36-7200 Date of Birth: August 5, 1951 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: -? 4 IZJ MLU N V 1 -'i w It DRO Page 2 of 5 Roberta Book H4 M0=tftin4?*"ffd 633 3 ,.r ---^77,. AA ?7nz 1'1eC,?(?r?iCsbu?L P? ?7L??a 1\ J Social Security No.: 175-48-4076 Date of Birth: September 7, 1955 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. This DRO assigns to Alternate Payee an amount equal to 35% of the marital portion of the Participant's gross monthly annuity accrued under the Plan as of the date of cessation of benefit accruals. The marital portion of the Participant's gross monthly annuity shall be determined by multiplying the Participant's gross monthly annuity by a fraction (less than or equal to 1.0), the numerator of which is the total number of months of creditable service earned by the Participant from September 12, 1982, the date of marriage, to October 30, 2003, the date of separation plus 23.8 months of military service for which the Participant made a deposit, and the denominator of which is the total number of months of creditable service earned by the Participant from the service computation date of November 6, 1979, to the date of cessation of benefit accruals. In addition to the above, when COLA's are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 9. Payments to Alternate Payee shall commence the date payments commence to the Participant. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 10. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's pension shall be paid to the Alternate Payee's estate. V. DRO Page 3 of 5 11. The Alternate Payee is awarded a former spouse survivor annuity. The amount of the former spouse survivor annuity shall be equal to the maximum survivor annuity based upon the Participant's entire monthly annuity. This former spouse survivor annuity applies if the Participant dies before his benefits commence or if the Participant dies after his benefits commence. The Alternate Payee shall pay 35% of the costs associated with providing this former spouse survivor annuity. Participant agrees to take all necessary steps to elect Alternate Payee as designated beneficiary for the purposes of establishing and sustaining such former spouse coverage for Alternate Payee. 12. If Participant leaves Federal service before retirement and applies for a refund of employee contributions under the Plan, the OPM is directed not to pay the Participant a refund of such employee contributions. 13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. v DRO Page 4 of 5 16. In the event the Participant makes a one-time irrevocable election to transfer into the Federal Employees Retirement System ("FERS") before his retirement, then Alternate Payee shall be entitled to a portion of the Participant's Basic Annuity and/or a Refund of employee contributions under FERS calculated in a manner similar to that which is enumerated in Sections 8, 9, 10, 11 and 12 above for the annuity and refund, respectively, and payable directly from FERS. Additionally, Alternate Payee shall be entitled to a former spouse survivor annuity payable under FERS and determined in a similar manner to the survivor benefits set forth under Section 11 above. Further, such former spouse survivor annuity shall be payable directly from FERS. 17. If Participant takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 18. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments or withdrawals from the Plan. W DRO Page 5 of 5 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Accepted and Ordered this 72M day of ?. CONSENT TO ORDER: r? 01 CJ D hJ GdI- 441-f ion-tiff/Alternate Payee_ Da e Defendan icipant "Date a acs a Attorney for Plaint ff/ Date A orney for Defendant/ ate Alternate Pay Participant BY THE COURT