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HomeMy WebLinkAbout05-31140 JOSEPH L. SIPES, PLAINTIFF V. TAMMY JO SIPES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS 311 C?u?N 13???? IN DIVORCE 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 V_ 11 NOTICE QF AVAILABILITY QF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. I I. JOSEPH L. SIPES, PLAINTIFF V. TAMMY JO SIPES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0.5 ally C. d rec. IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Joseph L. Sipes who resides at 17 Allison Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is Tammy Jo Sipes who resides at 269 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff and Defendant have been a bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 10, 1986 in Newville, Cumberland County, Pennsylvania. 5. There were three children born of this marriage: Ryane Joseph Sipes, born 11/14/86; Randi Jo Sipes, born 08/11/88; and Ramie Jacob Sipes, born 05/26/90. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of divorce. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint 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: co DS as- r..5 ? c='? i? ? x, ° n c_- T -n t.,.: t n r`` n r-i ?? ?? l?c ? ?t yr =sin - _?? _. . <?y cn :.t -- O n p V? ?? G JOSEPH L. SIPES, Plaintiff V. TAMMY JO SIPES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3114 Civil Term In Divorce EMERGENCY PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL HOME AND NOW, comes Plaintiff, Joseph L. Sipes, by and through his attorneys, Purcell, Krug and Haller, and files the following Emergency Petition for Exclusive Possession of the Marital Home. 1. Petitioner is Joseph L. Sipes (hereinafter "Husband"), Plaintiff in the above captioned divorce action. 2. Respondent is Tammy Jo Sipes (hereinafter "Wife"), Defendant in the above captioned divorce action. 3. The parties were married on June 10, 1986 and separated on or about December 18, 2004 when Wife moved out. 4. Wife now resides in the home of her paramour at 7504 Molly Pitcher Highway, Shippensburg, Pennsylvania. 5. Since separation, Wife has come in and out of the marital home at will, removing as much of her clothing, toiletries and other personal items as she desired. 6. On August 31, 2005, Wife's counsel, Marcus McKnight, III, Esquire sent a letter to Husband's former counsel, Thomas Gould, advising that Wife would appear at the marital home on September 16 and 17, 2005 to remove various items of marital furniture and other property from the home. A true and correct copy of Attorney McKnight's letter and accompanying list is attached hereto and made part hereof as Exhibit "A". 7. A few days later, Husband retained the undersigned to represent him in divorce, custody and support actions and released his former counsel. Attorney McKnight's August 315' letter was not known to Husband or his new counsel until September 9, 2005 when the file was transferred. 8. Husband does not consent to Wife's removal of any marital property from the home at this time. Husband continues to reside there with the parties' three children. Many of the items requested are used on a daily basis by Husband and the children. 9. Husband is not financially able to purchase replacement furniture and other household items. He nets approximately $668 per week as a service manager with Heartland Express. 10. From his net pay, Husband is paying $1,056 per month to satisfy a $100,000 marital tax obligation to the IRS. Wife contributes nothing to this debt. 11. By phone call and letter dated September 9, 2005, the undersigned attempted to contact Attorney McKnight to discuss this mailer. A true and correct copy of Husband's counsel's letter is attached hereto and made part hereof as Exhibit "B". 12. On September 12, counsel for the parties spoke by telephone and agreed to discuss the matter following a support conference on September 13, 2005. 13. However, at the conference, Wife refused to engage in a good faith discussion. Instead, her counsel advised that she will appear at the home on September 16" and 17 `h and take what she wants and if Husband attempts to intervene, the services of a constable and the State Police will be enlisted to compel Husband's compliance by force. Counsel for Wife further indicated that there is nothing Husband can do to stop her since he can not secure any court order that quickly. 14. Husband has not interfered with Wife's free access to the marital home to this point, but it is clear that Wife no longer intends to act: in good faith. 15. Wife no longer has a need to enter the marital home, as she has established a new residence with her paramour for the last several months. 16. Wife cannot demonstrate any urgent need for the items requested. These matters are appropriately addressed in equitable distribution along with the rest of the marital property at issue in this case. 17. Wife's proposed action will significantly and unduly disrupt the lives of Husband and the parties' three children. The children have already been greatly impacted by their parents' split. There is no reason to cause them further distress by allowing Wife to remove furniture and other items from their home. 18. Owing to Wife's unreasonable refusal to engage in a good faith dialog in an attempt to reach an mutual understanding with respect to the above described matters, Husband has and will continue to incur counsel fees at the rate of $175 per hour to present this issue for determination by the Court. WHEREFORE, for the reasons set forth herein, Husband respectfully requests this Honorable Court to grant him exclusive possession of the marital home and direct Wife to return any and all property removed from the marital home following the filing of this Petition. Husband further requests reimbursement of his counsel fees. "iawie M. 0?iey UA _1man, Esquire ID #79866 PURCELL, KRUG AND HALLER 1719 North Front Street Harrisburg, PA 17102 717 234-4178 Attorney for Petitioner/Plaintiff Dated: September 13, 2005 ??`??? LAW OFFICES IRWIN & McKNIGHT WEST POMFRETPROFESSIONAL BUILDING 60 WEST POMFRET STREET HAROLD S IRWIN (1925-1977) ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3111 HAROLD S. IRWIN, JR (1954-1986) MARCUS A. McKNIGHT, III IRWIN, IRWIN&IRWIN (1956-1986) DOUGLAS G. MILLER (717) 149-2353 IRWIN, IRWIN & McKNIGHT (1986-1994) MATTHEW A. McKNIGHT FAX(717) 149-6354 IRWIN, McKMGHT & HUGHES (1994-1003) WWW.IMHLAWCOM IRWIN & MCxNIGHT (1003- ) August 31, 2005 THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 RE: JOSEPH L. SH'ES v. TAMMY JO SH'ES Dear Mr. Gould: As you know, my client has every right to enter the marital home to remove her belongings whenever she wants to do so. Your client may not legally bar her from the marital home. She has been waiting for word from her husband on when she may remove her belongings. Unfortunately, she has been informed that many of her belongings have been thrown away by your client and his girlfriend, especially her clothing and personal items located in the basement of the marital home. In addition, her belongings at a second home in Everett, Pennsylvania, were thrown away without her consent or knowledge. Enclosed please find a list of the items my client intends to remove from the marital home. She cannot wait any longer, therefore, she will be at the marital home cn Friday evening, September 16, 2005 at 5:00 p.m. She will return on Saturday, September 17, 2005 at 9:00 a.m. for the remaining items. She will bring friends and relatives to help her. If your client gives her trouble we will hire a constable and charge your client for the expense of doing so. Please acknowledge that you have informed your client of these plans. Very truly yours, IRWIN MAM:sls Enclosure cc: Ms. Tammy Jo Sipes ???h?hause Co//ecfrfl?_ r . ??-me .1.n?rrer COrner hu..?cL, rn c?inih? ,- __ _ Look core -_Ln have Me. ? ter, svA'S ?e? ,L?e?-lam I?oYQn?rna? _ `3 c;?vaw er chtessel- .'n k?ed?o? y boxe's 7 n b4SFmcn 7 DrXe .[:n. She n ? cl? /?,i? ?Ics fhoJ1eS dishes ,CCcnisfcr coJ/Pch gn rest Of M,i eiofkc f ,? X ?,,° b,` f /' HOWARD B. KRUG LEON P. HALLER JOHN W.PURCMJ JR. JILL M. WINEKA BRIAN J. TYLER NiCHOLE M. STALEY O'GORMAN LISA A. RYNARD LAW OFFICES ?LUI?I,eGG, ?? 4 cJ OLCLLLP/? 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2:192 TELEPHONE(717)234-4178 FAX(717)233-0409 September 12, 2005 VIA FAX 717 249-6354 AND REGULAR MAIL Marcus A. McKnight, III, Esquire IRWIN & MCKNIGHT West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Re: Sipes. Joseph v Sipes Tames Jo Dear Attorney McKnight: HERSHEY (717) 533-3a36 JOSEPH NISSLEY (1910.1982) JOHN W. PURCELL OFC,unsW As I indicated in my messages to you, I will be representing Joe Sipes. On Friday, I received Tom Gould's file and reviewed your letter of August 31at with my client. He was unaware that your client was requesting access to the marital home to retrieve furniture and other items. Please give me a call to discuss this at your earliest convenience. While Mr. Sipes does not object to providing her personal belongings, your client may not retrieve any marital property from the home. Your client moved out of the marital home six months ago or more to pursue an extramarital affair. Although she refuses to tell my client where she lives, she has apparently set up housekeeping elsewhere. I fail to understand why this has suddenly become an urgent matter. If your client is ready to discuss a complete property distribution settlement, I would be happy to review any reasonable proposal she wants to make. In the meantime, most of the items your client requests are marital furnishings and personalty being used by Mr. Sipes and the parties' children, and Mr. Sipes wil'I not agree to allow your client to remove same. He is willing to box up your client's personal items and place them on the porch at a time when your client is available to pick them up. Marcus McKnight, III, Esquire September 12, 2005 Page 2 If your client will insist on taking unilateral action instead of working toward a mutual agreement, we will petition the Court for exclusive possession of the home. If that becomes necessary, we will also demand reimbursement of counsel fees. Please give me a call so that we can discuss this. CC: Joseph Sipes Sincerely yours, VERIFICATION I, Nichole M. Staley O'Gorman, attorney for Plaintiff herein, hereby affirm that the statements made in the foregoing Emergency Petition for Exclusive Possession of the Marital Home are true and correct to the best of my :information, knowledge and belief, based on the information provided to me by my client, the Plaintiff Joseph L. Sipes. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Nichole M. Staley O'Gorman, Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by forwarding said copy to her attorney of record at the following address, by first class U.S. Mail and via fax at 717- 249-6354 on September 13, 2005: Marcus A. McKnight, III, Esquire Irvin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 r ichole M. S AOG E sq I.D. NO. 7986 r> ? (? cs> u-i C-i r?:1 r, , z? RECEI`i ED S?P'_ ?005m JOSEPH L. SIPES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : No. 05-3114 Civil Term TAMMY JO SIPES, : Defendant In Divorce RULE TO SHOW CAUSE 3 day of 2005, AND NOW, this Wife is directed to show caues7e, if any, why the relief requested should not be granted. Rule returnable at / • D 0 on in Courtroom-, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. Pending a hearing on this matter, ?Mvw Wife is directed not to enter upon the pro erty or to remove any ect d d i at 14"1s.?d ;s d'a V n property therefrom. \Wre7s7unTm' ? M4arw? pn? co??r?d r?c«?,',?. A0y J. Distribution: Nichole M. Staley O'Gorman, Marcus McKnight, III, Esquire Esquire 1 - U. It- OURT OF ON PLEAS IN THE C COUNTY O PENNS L ANIA JOSEPH L. SIPESPLAINTIFF NO. 05 - 3114 CIVIL TERM V. IN DIVORCE TAY JO S I PE S , ' DEFENDANT TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdrawal my appearance in the above captioned matter. 6, 2005- Date: THOMAS D. GOULD, ESQUIRE I.D. # 36508 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 ENTRY OF APPEARANCE Please enter my appearance on behalf of the plaintiff, JOSEPH L. SIPES, in the above captioned matter. A Date: STALE GORMAN, ESQUIRE 71RCELL, KRUG & LLETH FRONT STRRG, PA 17102 CERTIFICATE OF SERVICE I, Nichole M. Staley O'Gorman, Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by forwarding said copy to her attorney of record at the following address, by first class U.S. Mail on September 13, 2005: Marcus A. McKnight, III, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 M. Sta ev O'd15riian, Esquire I.D. NO. ?? C"> =n ; -' ,? -i_- ? ?; - c. •'+ j JOSEPH L. SIPES, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2005-3114--CIVIL TERM TAMMY JO SIPES, Defendant/Petitioner IN DIVORCE PETITION FOR EMERGENCY RELIEF AND NOW, this 16th day of September 2005, comes the Petitioner, TAMMY JO SIPES, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for Emergency Relief against the Respondent, Joseph L. Sipes, as follows: 1. The Petitioner is Tammy Jo Sipes who resides at 7504 Molly Pitcher Highway, Shippensburg, Pennsylvania 17257. 2. The Respondent is Joseph L. Sipes who resides at 17 Allison Drive, Shippensburg, Pennsylvania 17257. 3. The Parties have been separated since December 18, 2004. 4. The Petitioner has remained away from the marital residence since April 2005 except to gain custody of her children. 5. The Respondent has promised to permit the Petitioner to remove her personal belongings from the marital residence but has failed to allow her to do so. 2 6. On August 31, 2005, the Petitioner wrote through her legal counsel to Thomas Gould, Esq., attorney for Respondent, and enclosed a list of personal items she wanted. A copy of said list is attached hereto and marked as Exhibit "A". 7. On September 6, 2005, Thomas D. Gould, Esq., replied that the times and dates were acceptable to the Respondent. A copy of said letter is attached hereto and marked as Exhibit «B„ 8. The Petitioner has joint legal and joint physical custody of the minor children and needs some of her personal items in order to establish her own household. A copy of the Order of Court regarding custody is attached hereto and marked as Exhibit "C". 9. The parties had marital belongings at the property located at R.D.#2, Everett, Pennsylvania. The Respondent sent the Petitioner to obtain those belongings and they were gone. 10. The Respondent and his girlfriend have been throwing the Petitioner's personal items away including her clothing, coats, school yearbook, and numerous other items. 11. The Respondent has kept the 2004 tax refund in the amount of $4,000.00 and refused to give any part of it to the Petitioner. 12. The Respondent has filed for personal and business bankruptcy jeopardizing the marital assets and the business of the parties. The Petitioner has no knowledge of the bankruptcy. 13. The Petitioner requests the following relief: A. A set time and date to remove the items she requested together with her personal belongings from the marital home. B. The payment of damages for any items of the Petitioner which the Respondent has thrown away or destroyed. C. The payment to the Petitioner of the sum of $2,000.00 for her share of the refund for the 2004 income tax refund. D. Reasonable counsel fees for this litigation which is contrary to the agreement reached between the parties and the previous legal counsel of the Respondent. E. A copy of any bankruptcy documents which affect marital property. WHEREFORE, the Plaintiff/Respondent, Joseph L. Sipes, is directed to show cause why the relief requested by the Defendant/Petitioner, Tammy Jo Sipes, should not be granted. Respectfully submitted, IRWIN & By: W McKnigh , Esquire 60 et Street Carlisle, PA 17013 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Defendant/Petitioner, Date: September 16, 2005 Tammy Jo Sipes EXHIBIT "A" LAW OFFICES IRWIN & MCKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222 MARCUSA. McKNIGHT, III DOUGLAS G. MILLER (717) 249-2353 MATTHEW A. MCKNIGHT FAX(717) 249-6354 WWW.IMHLAW.COM August 31, 2005 THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 RE: JOSEPH L. SIPES V. TAMMY JO SIPES Dear Mr. Gould: HAROLD S. IRWIN (19251977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & MCKNIGHT (1986-1994) IRWIN, MCKNIGHT & HUGHES (1994-1003) IRWIN & MCKNIGHT (2003- ) FILE COPY As you know, my client has every right to enter the marital home to remove her belongings whenever she wants to do so. Your client may not legally bar her from the marital home. She has been waiting for word from her husband on when she may remove her belongings. Unfortunately, she has been informed that many of her belongings have been thrown away by your client and his girlfriend, especially her clothing and personal items located in the basement of the marital home. In addition, her belongings at a second home in Everett, Pennsylvania, were thrown away without her consent or knowledge. Enclosed please find a list of the items my client intends to remove from the marital home. She cannot wait any longer, therefore, she will be at the marital home on Friday evening, September 16, 2005 at 5:00 p.m. She will return on Saturday, September 17, 2005 at 9:00 a.m. for the remaining items. She will bring friends and relatives to help her. If your client gives her trouble we will hire a constable and charge your client for the expense of doing so. Please acknowledge that you have informed your client of these plans. Very truly yours, TusA. cKNI T Knight , III MAM:sls Enclosure cc: Ms. Tammy Jo Sipes £/??r?h?IIhcuse Cel/%cfran. / 7Zt(ilt7ulC L'CL[Crir Lhl-tt%r,..e4J- YZLkleS ?GYne In?crlor Corner hcLkCi, to c1?n?ngt room ho)J< CQJ e in dJaJeAn e4k v ??s J /S?IQr r7 er ?QIQnCiM?, t 2? YEHie. ? 4Y?ndrna? 3 CJ QQ .: e aC(resser ,n ?Oed???e LUOLL ILL ?,??-? fa c.0 !'OGn-, -?-O.rpGm &Xie,S._ In ?4SPrnen'?'- e in She I !h + c )( ?ricc c/?S /U t C{urc S IY)o v t eS (f, Cshes ?Ctn,l?cr Cc//?ct1Gn _ eS f ? C rvj q C Cfke 4 EXHIBIT "B" 2 EAST MAIN STREET SHIREMANSTOWN,RA 17011 7hionaas D ATTORNEY AT LAW fd September 6, MARCUS A. McKNIGHT, III, ESQUIRE 60 WEST POMFRET STREET CARLISLE, PA 17013 Re: Joseph L. Sipes and Tammy Jo Sipes Dear Marcus: (717) 731-1461 FAX 761-1974 2 0 45.3 1 rw r,i r a ??i'fY Thank you for your recent telephone call and letter. I have spoken with Mr. Sipes, and he is in agreement that a conference with Dawn Sunday may be helpful. In our telephone conversation you indicated that there had been "problems" with the counseling. It is suggested that our clients sign a release if it becomes important for us to talk directly with the counselors. My client was under the impression that the sessions were going well, but was a little concerned that the children's concerns were not being adequately addressed. Perhaps the children should be scheduled with the counselor, or alternately, perhaps the counselor can recommend another counselor who has more experience with adolescents involved in a divorce. Regarding your stated concern about Mr. Sipes denying Ms. Sipes access to the marital home. This is not happening. In fact, Ms. Sipes has been showing up at the former marital home on numerous occasions. She has removed many items. Ms. Sipes is on the Deed had has an ownership interest in the former marital home. However, I do point out that she no longer lives at the house. Out of respect for our clients' individual privacy, I recommend that Ms. Sipes call Mr. Sipes to advise him of her desire to come to the former marital home. Mr. Sipes has not thrown or given away any of Ms. Sipes' Personal property left at the former marital home. He has cleaned up the house and some of Ms. Sipes' personal belongings have been moved. I have forwarded to Mr. Sipes Ms. Sipes' list of requested personal property, many of which are marital, that she would like to remove from the former marital home. He may not have any concerns with allowing Ms. Sipes to take the items on her list, but Ms. Sipes has no more right to the items than Mr. Sipes. It is suggested that if there is an issue with any particular item that they address it with their counselor. Assuming that Mr. Sipes agrees, Ms. Sipes may remove her listed items on Friday, September 16, and Saturday, September 17, 2005. However, Mr. Sipes is not comfortable with Ms. Sipes going room to room removing any items she wants. To avoid an unnecessary confrontation, please assure me that Ms. Sipes will not remove any contested items. Mr. Sipes and I look forward to Ms. Sipes' reply to the proposed MSA. It is in our clients' and their children's best interest to move this matter to a swift conclusion. Sincerely yours, J U. homas D. Gould EXHIBIT `°C" RECEIVED J i. 2905 JOSEPH L. SIPES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. TAMMY JO SIPES 05-3115 CIVIL ACTION LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this o29 °-'" day of _ i-- I 14 consideration of the attached Custody Conciliation Report, it is ordered and directed as fol1 2005, lows: upon 1. The parties shall participate in a course of family counseling with Pastor Richard Black and his wife, Vicki Black. The purpose of the counseling shall be to establish sufficient communication between the parties to enable them to effectively co-parent their Children. The parties agree that the Children shall also participate in counseling with Pastor Richard and Vicki Black to enable the Children to express their feelings and concerns about family issues. The parties shall follow the recommendations of Pastor Richard and Vicki Black concerning the timing of scheduling joint or individual sessions for the parties and sessions for the Children. The parties shall schedule their initial session within two weeks of the date of the custody conciliation conference. 2. The parties shall share having legal and physical custody of the Children with the specific arrangements, including holiday and vacation time with the Children, to be established by agreement between the parties. 3. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, i. ? ltira.Ec y_? ; C? J. cc: Thomas D. Gould, Esquire - Counsel for Father Marcus A. McKnight, III, Esquire - Counsel for Mother firtY.? t"? i°r ?v ^C,9 Y r?„ot. f ia?,., un.c sit rrry narx; C, rd fire r?aad of said fault W t 4fdnw px. "his.- 2 Fl at?i;;^ri:?re JOSEPH L. SIPES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. TAMMY JO SIPES Defendant 05-3115 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: 1. The pertinent information conceming the Children who are the subjects of this litigation is as NAbIE DATE OF BIRTH CURRENTLY IN CUSTODY OF Randi Jo Sipes August 11, 1988 Mother/Father Ramie J. Sipes May 26, 1990 Father/ Mother Moother 2. A conciliation conference was held on July 26, 2005, with the following individuals in attendance: The Father, Joseph L. Sipes, with his counsel, Thomas D. Gould, Esquire, and the Mother, Tammy Jo Sipes, with her counsel, Marcus A. McKnight, III, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. TAMMY S ES Date: September 16, 2005 JOSEPH L. SIPES, Plaintiff/Respondent V. TAMMY JO SIPES, Defendant/Petitioner CIVIL ACTION - LAW 2005-3114--CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Nichole M. Staley O'Gorman, Esq. Purcell, Krug and Haller 1719 North Front Street Harrisburg, PA 17102 IRWIN & By: Marcus A McKnigttle 60 West P mfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 IN THE COURT OF COMMON PLEAS Or CUMBERLAND COUNTY, PENNSYLVANIA Date: September 16, 2005 n C' ?' ? o ? 'C't`r'l C 't 67 rn -1 2 a i i ' 0 f t? -tt UJ._a- ?' O? ?7 ? '_7 `(.l i? _, =v c, ter. -z JOSEPH L. SIPES, Plaintiff/Respondent V. TAMMY JO SIPES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3114 CIVIL TERM IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes TAMMY JO SIPES, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The Petitioner is Tammy Jo Sipes who currently resides at 7504 Molly Pitcher Highway, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent is Joseph L. Sipes who currently resides at 17 Allison Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Petitioner and Respondent were married on June 10, 1986, in Cumberland County, Pennsylvania and were separated on December 18, 2004. 4. Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Petitioner, Tammy Jo Sipes, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & By: Marcus r McKn' t, III, 60 West Pomfret treet Carlisle, PA 1701 Supreme Court I.D. o: 25 (717) 249-2353 Attorney for the Petitioner Date: September 13, 2005 2 VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. l Jl..rx.n 0 sqi" TAMMY JR) PES Date: September 13, 2005 _©l V C n T7li' ri 1 W G G? cn N CJ1 0 'fl m? 'L7 cr C> ? ?7m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH L. SIPES Plaintiff NO. 2005-3114 CIVIL TERM V. CIVIL ACTION - LAW . IN DIVORCE TAMMY JO SIPES, Defendant DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME TAMMY JO SIPES ADDRESS 7504 MOLLY PITCHER HIGHWAY CARLISLE PA 17013 BIRTH DATE FEBRUARY 81964 SOCIAL SECURITY NUMBER 175-56-9742 HOME PHONE 532-3399 WORK PHONE 477-0100 Ext. 35 EMPLOYER NAME EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME MARCUS A. McKNIGHT, III, ESQ. ATTORNEY'S ADDRESS 60 WEST T STREET CARLISLE, PA 17013 IATTORNEY'S PHONE NUMBER 717-249-2353 RESPONDENT NAME JOSEPH L. SIPES ADDRESS 17 ALLISON DRIVE CARLISLE, PA 17013 BIRTH DATE APRIL 22, 1963 SOCIAL SECURITY NUMBER 176-60-0903 HOME PHONE 530-0282 WORK PHONE 496-1892 (CELL) EMPLOYER NAME HEARTLAND EXPRESS EMPLOYER ADDRESS JOB TITLE/POSITION MANAGER DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME NICHOLE M. STALEY O'GORMAN ATTORNEY'S ADDRESS 1719 N. FRONT ST., HARRISBURG, PA 17102 ATTORNEY'S PHONE NUMBER 717-234-4178 MARRIAGE INFORMATION DATE OF MARRIAGE JUNE 10, 1986 PLACE OF MARRIAGE CUMBERLAND COUNTY, PA DATE OF SEPARATION DECEMBER 18, 2004 ADDRESS OF LAST MARITAL HOME DESCRIPTION OF DOCUMENT RAISING APL CLAIM PETITION FOR ALIMONY PENDENTE LITE DATE APL DOCUMENT FILED JOSEPH L. SIPES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3114 CIVIL TERM TAMMY JO SIPES, Defendant IN DIVORCE IN RE: PETITIONS FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 20th day of September, 2005, after hearing, we resolve the Co-petitions For Special Relief as follows: 1. Husband is granted exclusive possession of the marital home so long as he timely pays all obligations in connection therewith, which includes the mortgage, utilities, and routine maintenance. 2. The $4,000.00 tax refund shall be placed in escrow and shall not be disbursed without further Order of Court or agreement of the parties. 3. Wife shall be entitled to enter upon premises at a mutually convenient time, within 30 days, to remove the following items of personalty: A. The lighthouse collection. B. Any of her Home Interior collection that is not currently hanging on the walls. C. The dishes in the dining room hutch. D. The books and bookcases in the basement. E. The strainer and tea kettle. F. The three drawer dresser in the bedroom. G. The boxes in the basement so long as she prepares an inventory of the items contained therein which shall be provided to her counsel and husband's counsel. H. Her bike. I. Any knickknacks except those currently hanging on the walls. J. The Disney movie collection. K. All but one of the canisters from the canister collection. L. The rest of her clothes. This Order was made after a brief hearing solely to resolve the issues raised in the Petitions For Special Relief. Nothing herein shall be deemed to be a conclusive determination as to what is marital or individual property or how it should be split. Edward E. Guido, J. /,Chole_M. Staley O'Gorman, Esquire For e Plaintiff YY cu S ch A. McKnight, III, Esquire For the Defendant srs O? i U :Z Wd OZ UaS SSQZ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TAMMY J. SIPES ) Docket Number 05-3114 CIVIL Plaintiff ) vs. ) PACSES Case Number 427107666 JOSEPH L. SIPES ) Defendant ) Other State ID Number ORDER OF COURT You, TAMMY J. SIPES plaintiff/defendant of 7504 MOLLY PITCHER HWY, SHIPPENSBURG, PA. 17257-9369-04 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 OCTOBER 25, 2005 at 1:30PM 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 SIPES V. SIPES PACSES Case Number: 427107666 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 ID 21302 N ? -il C . v? --i -,,-r':? ' ? ii?- ? m :r= L . S°' ? -?!? Y ?- N _`-a W ..? ux In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TAMMY J. SIPES ) Docket Number 05-3114 CIVIL Plaintiff ) VS. ) PACSES Case Number 427107666 JOSEPH L. SIPES ) Defendant ) Other State ID Number ORDER OF COURT You, JOSEPH L. SIPES plaintiff/defendant of 17 ALLISON DR, SHIPPENSBURG, PA. 17257-9619-17 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 OCTOBER 25, 2005 at 1:30PM 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: Form CM-509 Service Type M Worker ID 21302 SIPES V. SIPES PACSES Case Number: 427107666 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 parry initiated the support action. BY THE COURT: Date of Order: q-'-U - w 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 t 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 o disabled individuals having business 240-6225 . All arrangements must be before the court. You must attend the Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 t 1 ni rL r fi N ' t cil RECEPiEJ SEP? 6'095r JOSEPH L. SIPES, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2005-3114--CIVIL TERM TAMMY JO SIPES, Defendant(Petitioner IN DIVORCE RULE TO SHOW CAUSE AND NOW, this I I day of September, 2005, Plaintiff/Respondent is directed to show cause why the relief requested should not be granted. Rule Returnable at 9:00 a.m. on September 20, 2005, in Courtroom #5, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. Edward E. Guido, Judge cc: ichole M. Staley O'Gorman, Esq. Attorney for Respondent V /Marcus A. McKnight, III, Esq. Attorney for Petitioner q9 `O p ?f ,? ty?.,; ?,,1 ..r.:. tip; l'ti Vlh lh,; Ti?PG?? ?i???` Ir.!.., ! 0 ?Q! ?? 4Z d35 SD6Z ????i?????i? 30 4 JOSEPH L. SIPES Plaintiff V TAMMY J. SIPES Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 506107602 DOCKET NO. 706 SUPPORT 2005 TAMMY J. SIPES IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION PACSES NO. 557107,174 JOSEPH L. SIPES Defendant DOCKET NO. 543 SUPPORT 2005 JOSEPH L. SIPES IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION PACSES NO. 427107666 TAMMY J. SIPES Defendant/Petitioner: DOCKET NO. 2005-3114 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 October 25, 2005, in the Support Master's Hearing Room APPEARANCES: NICHOLE M. OGORMAN, Esquire For the Plaintiff MARCUS A. MCKNIGHT, III, Esquire For the Defendant I THE MASTER: We are here in multiple matters. 2 The first case is Joseph L. Sipes versus Tammy J. Sipes, 3 case docketed to 706 Support 2005, PACSES case 506107602. 4 The second case is Tammy J. Sipes versus Joseph L. Sipes, 5 docketed to 543 Support 2005, PACSES case 557107474. The 6 third case is Joseph L. Sipes versus Tammy J. Sipes, docket 7 2005-3114 CIVIL, PACSES case 427107666. 8 Present today is Joseph Sipes with his 9 counsel, Nichole Staley Ogorman, Esquire. The Defendant, 10 Tammy Sipes, is here with her counsel, Marcus McKnight, III, 11 Esquire. 12 The parties have reached an agreement with 13 respect to the various issues before me today. 14 In the case docketed to 706 Support 2005, the 15 parties agree that the interim order entered September 19, 16 2005 for Tammy J. Sipes to pay support for her two children, 17 Randi J. Sipes and Ramie J. Sipes is suspended effective 18 this date. Any arrearages which have accrued prior to this 19 date are remitted by agreement of the parties. Any payments 20 made by Tammy Sipes on or after this date as a result of a 21 wage attachment currently in place shall be refunded to 22 Tammy Sipes. 23 With respect to the case docketed to 24 543 Support 2005, Tammy Sipes withdraws her complaint for 25 spousal support and for the support of said children. 2 I with respect to the case docketed to 2 2005-3114 CIVIL, Tammy Sipes withdraws her petition for 3 alimony pendente lite. 4 Nothing in this agreement shall be construed 5 to prevent Tammy Sipes from raising the issue of alimony in 6 the divorce action docketed to said term and number. 7 MS. OGORMAN: There is one other item. I 8 think it has already been taken care of. But each of these 9 parties is entering into this agreement on the condition 10 that each of them is signing an Affidavit of Consent and I 11 think they have both done that right now. But this agreement 12 is conditioned upon that. 13 THE MASTER: The consent to the divorce? 14 MS. OGORMAN: Divorce, yes. 15 MR. MCKNIGHT: Yes. That's fine. 16 THE MASTER: As part of the agreement in this 17 support action both parties will be executing an Affidavit 18 of Consent for the divorce to proceed uncontested. 19 Have I left anything out, Ms. Ogorman? 20 MS. OGORMAN: No. 21 THE MASTER: Mr. McKnight? 22 MR. MCKNIGHT: Just so it is understood, the 23 economic issues are still in place. It's just that the 24 divorce itself won't be contested. 25 THE MASTER: It is understood. 3 1 with that we will close the record 2 (whereupon, the hearing was adjourned. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 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 Stephenson official stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. C- ? tkt, 1S . 2cb f Date Michael R. Rundle Support Master 5 f -? 1 s ? JOSEPH L. SIPES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TAMMY J. SIPES, PACSES NO. 506107602 Defendant DOCKET NO. 706 SUPPORT 2005 TAMMY J. SIPES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION JOSEPH L. SIPES, PACSES NO. 557107474 Defendant DOCKET NO. 543 SUPPORT 2005 JOSEPH L. SIPES, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION TAMMY J. SIPES, : PACSES NO. 427107666 Defendant/Petitioner: DOCKET NO. 2005-3114 CIVIL ORDER OF COURT AND NOW, this 25th day of October, 2005, by agreement of the parties and upon recommendation of the Support Master, it is ordered and decreed as follows: 1. In the case docketed to 706 Support 2005 the interim order entered September 19, 2005 is suspended effective this date, and all arrearages accrued to this date are remitted. The wage attachment heretofore entered is vacated. Any payments made by the Defendant on or after this date by reason of said attachment shall be refunded to her. 2. In the case docketed to 543 Support 2005 the claims by Tammy J. Sipes for spousal and child support are withdrawn, and the complaint is dismissed. 3. In the case docketed to 2005-3114 CIVIL the claim of Tammy J. Sipes for alimony pendente lite is withdrawn without prejudice to her proceeding on a claim for alimony. By the Cou Edward E. Guido, Cc: Joseph L. Sipes Tammy J. Sipes Nichole M. Staley Ogorman, Esquire For the Plaintiff Marcus A. McKnight, III, Esquire For the Defendant DRO JOSEPH L. SIPES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . d5 VS. NO. X-3114 TAMMY JO SIPES, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 16, 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. 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: 0 L: SIPES, P N .? r? t'' cc3 m Jr- JOSEPH L. SIPES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA p5 VS. NO. ,?X-3114 TAMMY JO SIPES, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 16, 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. 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: IO??S?OS r SIB' TAMMY JO S PES, Defendant r> P n p'i't `a ' <" y+ -n my,. ? ,,_ = iq - r= `-. -c? ? cn ?? :?" . r ?- JOSEPH L. SIPES vs Case No. 05-3114 CIVIL TAMP JO SIPES Statement of Intention to Proceed To the Court: JOSEPH L. SIPES intends to proceed with the above captioned matter. j Esquire Print NameNicholeM. Staley O'Gorman,,Sign Name Date: 2 .? J Attorney for Plaintif f Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. 4i ?"'° ? r:'? ? "i"i ..9 ?? , ? ? (l t l vs _T Case No.-DS-3/ r ?ru C ° xrn M =;a -a Statement of Intention to Proceed r t r? C To the Court: M C:) inten to roce with >_A?ve captioned Print Name ' y? ?. (? +?l • Sign Nam tb ri-? Date: 9 Attorney f r' Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. -a-t r- -am oq -4 z C) -TI JOSEPH L. SIPES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . CIVIL ACTION - LAW . 2005-3114--CIVIL TERM TAMMY JO SIPES, Defendant . IN DIVORCE MU.! STATEMENT OF INTENTION TO PROCEED r_.., ..~P ' . TO THE COURT: ,°4•~ Tammy Jo Sipes, Defendant, intends to proceed with the above-captioned matter: Respectfully Submitted: IRWIN & McKNIGHT, P.C. Marcus A. M 'ght, II, Esq. Supreme Co 76 60 West Pomfret Street Carlisle, PA 17013 Date: October 21, 2011 I r CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 1249-3166 .?4..50 Po ATT/ C'r 10M 0,9170-5/1 JOSEPH L. SIPES, V. TAMMY JO SIPES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3114 -,:7 IN DIVORCE Defendant CIVIL ACTION - LAW' NOTICE TO DEFEND AND CLAIM RIGHTS _ x YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clans 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, Cumberland County Courthouse, One Courthouse Square, Room 100, Carlisle, PA 17013-3387. 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 SETT FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra soya. Se le advierte de que si usted falls, de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SE:RVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 1249-3166 (800) 990-9108 JOSEPH L. SIPES, V. Plaintiff TAMMY JO SIPES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3114 IN DIVORCE CIVIL ACTION - LAW PLAINTIFF'S PETITION RAISING ADDITIONAL CLAIMS PURSUANT TO Pa.R.C.P. §1920.13(b)(2) OF THE DIVORCE CODE COMES Plaintiff, Joseph L. Sipes, by his attorney, Nichole M. Staley O'Gorman, Esquire, and avers as follows: 1. Petitioner is Joseph L. Sipes, Plaintiff in the above captioned divorce action. 2. Respondent is Tammy Jo Sipes, Defendant in the above captioned divorce action. 3. A complaint in divorce was filed by Petitioner on June 5, 2005 seeking a divorce under §3301(c) or (d) of the Divorce Code. 4. Petitioner seeks to assert a claim for economic relief as set forth below. COUNTI EQUITABLE DISTRIBUTION 5. Petitioner incorporates herein by reference paragraphs 1 through 4, as well as the averments contained in his complaint filed on June 5, 2005 as if set forth at length. 6. The parties possess property which is subject to equitable distribution by this Court. 7. The parties also have significant debt which is subject to equitable distribution by this Court. WHEREFORE, Petitioner respectfully requests this Honorable Court to equitably divide the marital property and debt of the parties. B I ,l Y Nic o M. Staley 'Gor an, Esquire ID 79866 1820 Linglestown Road Harrisburg, PA 17110 (717)236-9777 Attorney for Petitioner Dated: VERIFICATION I, Joseph L. Sipes, hereby verify that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. z h L. -Sipes Date: 1 d- `''" 1-1 CERTIFICATE OF SERVICE The undersigned certifies that on this day of January, 2012, a true and correct copy, of the foregoing Plaintiff's Petition Raising Additional Claims Pursuant to Pa.R.C.P §1920.13(b)(2) of the Divorce Code was served via first class, U.S. mail, postage prepaid upon the following: Marcus A. McKnight, III, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Allison C. Gossett, Legal Assistant to Nichole M. Staley O'Gorman JOSEPH L. SIPES, In the Court of Common Pleas Plaintiff Cumberland County, Pennsylvania vs. No. 05-3114 TAMMY JO SIPES, Defendant Motion For Appointment of Master Joseph L. Sipes ( X ) Plaintiff ( ) Defendant, moves the court to appoint a master with res;?-2ct tike following claims: r u; (X) Divorce (X) Distribution of Property 27-- Annulment ( ) Support -<' , ( ) Alimony I ( ) Counsel Fees rim= == IS ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: a 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The defendant (X) has ( ) has net appeared in the action ?-}- nall-. (X) by her attorney, Marcus A. McKnight, III, Esquire. 3. The statutory ground(s) for divorce -(-s-} (are) _ 3301(c) or (d) _ 4. Check the applicable paragraph(s), by check mark. -T The aetien is net n ^s* ^d. {--? ag-reement as been r-eaeheel with respeet to the f^, , g ela fts (X ) The action is contested with respect to the following claims: Eauitable Distribution 5. The action (X) does not involve complex issues of law or fact. 6. The hearing is expected to take One (1) day 7. Additional information, f any, relevant to the motion: 5-zne"at this time -?-_ . «_o r +? r-n Date: 'M o e a ey O' Go n, Es 're 6) /Counsel for laintiff 7'- r_ - r ORDER APPOINTING MASTER C rv ,. AND NOW, 2012, G, ?dL%C0 Esquire, is appointed mas er with respect to the following claims: - A_.6 !?- (.f7f'• BY THE COURT J. Av"(" Nichole M. Staley O'Gorman, Esquire= I. D. # 79866' 1820 Linglestown Road. Harrisburg, PA 17110 PH: (717) 236-9777 FX: (717) 236-9779 nogorman@staleyogormanlaw.com JOSEPH L. SIPES, Plaintiff V. TAMMY JO SIPES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3114 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT Plaintiff verifies that the statements made in this Income and Expense Statement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. INCOME AND EXPENSE STATEMENT OF JOSEPH L. SIPES Income: Payroll number: Gross Pay per Pay Period: Employer: Heartland Express Maintenance Services, Inc. Address: 901 North Kansas Ave, North Liberty, Iowa, 52317-4726 Type of Work: Pay Period: 3/18/12 to 3/24/12 Itemized Payroll Federal Withholding: State Income Tax: Local Wage Tax: FICA: Mandatory Retirement: Union Dues: Health Insurance: Other: Net Pay per Pay Period: Other Income: Interest Dividends Pension Annuity Social Security Rents Royalties Employer Fringe Benefits Unemployment Comp. Workmen's Comp. Other Monthly See attached pay stub See attached pay stub Yearly TOTAL INCOME: Expenses: Monthly Total Yearly Total Home: Mortgage or rent $1,167.00 $ 14,004.00 Maintenance Lawn Care $ 50.00 $ 600.00 2nd Mortgage Utilities: Electric $ 265.00 $ 3,180.00 Gas $ 75.00 $ 900.00 Oil Telephone Cell Phone $ 70.00 $ 840.00 Water Sewer Cable TV/intemet $ 43.00 $ 516.00 Trash/recycling $ 18.00 $ 216.00 Employment: Lunch Taxes: Real Estate (in escrow) $ 188.25 $ 2,259.00 Personal Property $ 1.25 $ 15.00 Insurance: Homeowners/Renters $ 54.17 $ 650.00 Automobile $ 155.00 $ 1,860.00 Life $ 48.00 $ 576.00 Accident/Disability Excess Coverage Long Term Care Automobile: Payments $ 310.00 $ 3,720.00 Fuel, Tolls $ 250.00 $ 3,000.00 Repairs $ 145.83 $ 1,750.00 Memberships Medical: Medical Insurance $ 250.00 $ 3,000.00 Doctor $ 31.25 $ 375.00 Dentist $ 18.75 $ 225.00 Orthodontist Hospital Medicine $ 41.67 $ 500.00 Special Needs (glasses, etc.) Counseling/Therapy Education: Tuition Tutoring Lessons Activities/Sports Personal: Clothing $ 125.00 $ 1,500.00 Groceries $ 500.00 $ 6,000.00 Haircare $ 30.00 $ 360.00 Credit Card Charge Account Memberships Storage Miscellaneous: Household Help $ 125.00 $ 1,500.00 Child Care Summer Camp Papers/Books/Magazines Entertainment $ 200.00 $ 2,400.00 Pet Expense Vacation $ 83.33 $ 1,000.00 Gifts $ 41.67 $ 500.00 Legal Fees/Prof. Fees $ 125.00 $ 1,500.00 Charitable Contributions $ 83.33 $ 1,000.00 Children's Parties Children's Allowances Other Child Support Alimony Payments Other: Retirement Savings Total Expenses: $4,495.50 $ 53,946.00 ¦ e/Qb/20'2 12: a r h" X r, r1c.a,oa? Joseph L Sipes Li X Heartland Express Maintenance N .Llh,,,IA62317.4726 Svcs Inc. 31940-3000 9 Q Q Cumpuny Peniall3ogln Divinlon HEMSI 3/18/201; Number Period End I+nmeh 2658 3/24/2012 Sneinl Securiq A Check Dnic Dcparrmem 3/30/2012 0075 Hire Dntc Chwk Number Tomm 8/6/2005 -98531770 Earnings Deductions Description Location /.lob Irate Hourr? Current You TO Dine Description Curren YeerTo Wic rkwd Salary Eamings 0100 0.00 1210.00 15730.00 Fed (S/4) (1181.00) 135.49 1761.37 0.00 OASDI (1181.00) 49.90 844.80 0.00 Medicare (1181.00) 17.18 222.62 0.00 PA (SM/0) (1181.00) 38.26 471.38 0.00 PA-EE SUI(1210.00) 0.97 12.61 0.00 Shippencburg TWP 1.00 13.00 LST(1181.00) 0.00 Cafeteria Health Deduction 29.00 377.00 0.00 Direct Depoait 31034XXXX 865.50 11575.22 0.00 Direct DepaaR 10FOOXXXX 75.00 600.00 0.00 PA EMST Tex 52.00 Total Earnings 0.00 1210.00 15730.00 Total Deductions 1210.00 15730.00 NET PAY 940.50 Total D irect Deposits 840.50 Check Amount 0.00 0.00 Nichole M. Staley O'Gorman, Esquire I. D. # 79866 1820 Linglestown Road Harrisburg, PA 17110 PH: (717) 236-9777 FX: (717) 236-9779 nogorman@staleyogormanlaw.com JOSEPH L. SIPES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-3114 TAMMY JO SIPES, CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S INVENTORY Plaintiff, Joseph L. Sipes, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. y?fiz ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) 1. Real Property () 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit () 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits - severance pay, worker's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (x) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attached itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Number of Property All Owners 1 17 Allison Drive, Shippensburg, PA husband and wife NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number of Property Exclusion 19 Heartland Express 401(k) acquired post-separation 5,6 Members First checking and savings acquired post-separation Accounts 2 2000 Ford truck acquired post-separation PROPERTY TRANSFERRED Item Number Description Date of Consideration Person to whom of Property Transfer transferred None LIABILITIES Item Number 24 24 24 Description of Property Names of All Creditors Names of All Debtors mortgage balance Ocwen Mortgage Services husband and wife federal tax lien Internal Revenue Service husband and wife state tax lien Commonwealth of PA husband and wife i' iL.. L. t9~~~ ~ i~t i.. ~~ yEI~ r~RQT~~~i~~~,"_: ., JOSEPH L. SIPE~~~~~~`~-"";" ~„w,. ' ~ : IN THE COURT OF COMMON PLEAS OF Plaintifi~'~N~5Yl.1~Atd1 A CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION -LAW 20Q5-3114--CIVIL TERM TAMMY JO SIPES, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was f led on 17, 2009, and reinstated on Mazch 26, 2009. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of properly, lawyer's fe~s or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit aze true and correct. I understand that statements herein made aze subject to the penalties of 18 Pa. C. S. Section 4904 relating to falsification to authorities. Date: ~-1y -)Z ~G~Jx.m p ~t TAMMY J SI ES Defendant i ~~ ~' . ~~ JOSEPH L. SIPES, ~, Plaintiff v. TAMMY JO SIPES, Defendant PM ~' ~`; ,~ t~ ~` ' : THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW . 2005-3114--CIVIL TERM IN DIVORCE 1. 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 expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered bq the i 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 statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to un~ falsification to authorities. Date: $- I ~}- ( Z -~ 5,, TAMMY O IDES Defendant or and ~i~~~ F'i34~'NO~U ~~-,'a~` ?.~ 12 AUG I 1 Pti ~: JOSEPH L. SII' ,gEt~ Plaintiff v. TAMMY JO SIPES, Defendant 11~d .` .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2005-3114--CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to falsification to authorities. Date: ~ -1 y - i L may s in TAMMY Jb SYl Defendant JOSEPH L. SIPES, Plaintiff/Respondent v. TAMMY JO SIPES, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI~A • c ~ CIVIL ACTION -LAW ~ ~ %~ -~~ ~ ~~ ~ NO. 2005-3114 CIVIL TE ~ ' ~- IN DIVORCE ,<o `~ ~+ z:a "v = ~~~ PRAECIPE TO WITHDRAW CLAIM ~~ ~ ~~ FOR ALIMONY PENDENTE LITE ~ rv ~' -~ ur = j -~' To the Prothonotary: Please withdraw the claim for alimony pendent lite filed on behalf of the defendant, TAMMY JO SIPES, in the above captioned case. Respectfully submitted, IRWIN ~'JMcKNIGHT, P.C. A. lylc~night, III, Esquire 60 ~est Pomfret Street Car isle, Pennsylvania 17013 (717)249-2353 Attorney for defendant Date: September 7, 2012 JOSEPH L. SIPES, : IN THE COURT OF COMMON PLEAS OF' Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW TAMMY JO SIPES, NO. 2005-3114 CIVIL TERM Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe Navas served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below end addressed as follows: Nichole M. Staley O'Gorman, Esq. Staley O'Gorman 1820 Linglestown Road Harrisburg, PA 17110 IRWIN & McKNIGHT, P.C. By: Mar s A. Mc , I, Esquire 60 est Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: September 7, 2012 2 .~;~F ~~OTNQNOTA'~`~ X012 SAP -7 PM Z~ 3 I COM~£RLAND COUNTY P'~IstNSYLYAF~tA Nichole M. Staley O'Gorman, Esquire ID #79866 i:aw Office of Nichole M. Staley O'Gorman 1820 Linglestown Road Harrisburg, PA 17110 (717) 236-9777 nogorman@staleyogormanlaw. co m JOSEPH L. SIPES, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVAN114 v. No.05-3114 TAMMY JO SIPES, :CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW CLAIM TO THE PROTHONOTARY: Please withdraw Plaintiff's claim for equitable distribution, which was filed in the above-captioned matter with the Cumberland County Court of Common Pleas on February 1, 2012. Dated: 9~~/~~.,- f~ichole/IVI. Stale~'O'~o I.D. N .79866 ,.~ 1820 Linglestown Road Harrisburg, PA 17110 (717) 236-9777 Esquire CERTIFICATE OF SERVICE 1, Allison Gossett, Legal Assistant to Nichole M. Staley O'Gorman, hereby certify that a true and correct copy of the foregoing document was served upon Defendant, by sending a copy of the same via first class U.S.101ai1 to: Marcus A. McKnight, III, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Allison Gossett, Legal Assistant to Nichole M. Staley O'Gorman, Esquire 1820 Linglestown Road Harrisburg, PA 17110 DATE: ~ ~ S`-1 ~ Nichole M. Staley O'Gorman, Esquire ID #79866 Law Office of Nichole M. Staley O'Gorman 1820 Linglestown Road Harrisburg, PA 17110 (717} 236-9777 nogorman@staleyogormanlaw.com ~ t I .' ` `'' i ,, JOSEPH L. SIPES, Plaintiff v. TAMMY JO SIPES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. G5-:5114 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: /o -~ ~S~ ~~- Nichole M. Staley O'Gorman, Esquire I.D. # 79866 1820 Linglestown Road Harrisburg, PA 17110 PH: (717) 236-9777 FX: (717) 236-9779 nogormanca~staleyogorm.anlaw.com Attorney for Plaintiff JOSEPH l_. SIPES, Plaintiff v. TAMMY JO SIPES, Defendant 1 ^f ~ E li ~_ t+ a .. i ~ . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3114 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under 3301 c of the Divorce Code. 2. Date and manner of service of the Complaint: Complaint was served via certified mail, return receipt requested, on June 20, 2005. An Affidavit of Service was filed on September 14~, 2005. 3. Complete either paragraphs (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: By Plaintiff: 10/25/05 and By Defendant: 8/14/12. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: ; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: _ ` ~t w 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file a Praecipe to Transmit Record, a copy of which is attached (b) Date Plaintiff's WWaiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporaneously with this Praecipe. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 8/17/12. B Nichole M. aley O' an, Esquire ID #79866 1820 Lingle town Road Harrisburg, PA 17110 (717) 236-9777 Attorney for Plaintiff DATE: I ~. ,~~ `j /I ~~ 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH L. SIPES v. TAMMY JO SIPES NO. 05-3114 DIVORCE DECREE AND NOW, ~~~t is ordered and decreed that. JOSEPH L. SIPES ,plaintiff, and TAMMY JO SIPES bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, Thomas A. Placsy Attest: . ge _,~ ~~_ D Prothono ~ - ~~~~ v o C~~1~. Poi n~a~lc°o~ ~ 0 C~o~•~-~~~ /~l~n~~~ l~%q/iZ