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HomeMy WebLinkAbout06-1412SARA N. EPPLEY, Plaintiff V. TODD H. EPPLEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION -LAW IN DIVORCE AND CUSTODY 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 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, 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y Is notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en Is corte en forma escrita sus defensas o sus objeciones a las demandas en contra de so persona. Sea avisado que si usted no se defiende, Is cone tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 SARA N. EPPLEY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0G- 1(I1,?, T? TODD H. EPPLEY, : CIVIL ACTION -LAW Defendant : IN DIVORCE AND CUSTODY COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE. CUSTODY. ALIMONY ALIMONY PENDENTE LITE AND EQUITABLE DISTRIBUTION AND NOW, comes the above-named Plaintiff, Sara N. Eppley, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth, as well as joint legal and primary physical custody of Andrew Eppley, born July 4, 2003 and Madeline Eppley, born June 30, 2000. COUNTI DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE Plaintiff is SARA N. EPPLEY, hereinafter "Mother," an adult individual who currently resides at 26 Maple Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. All legal papers maybe served on Plaintiff by service on her to Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is TODD H. EPPLEY, hereinafter "Father," an adult individual who has a temporary residence at 36 Ridge Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on August 4, 1990, in Niagra Falls, New York. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. The marriage is irretrievably broken. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. Plaintiff has been advised that counseling is available 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. COUNT II COMPLAINT FOR CUSTODY 11. Paragraphs 1 through 10 above are incorporated herein by reference as if set forth completely herein. 12. Plaintiff and Defendant are parents of Andrew Eppley, born July 4, 2003 and Madeline Eppley, born June 30, 2000, who currently resides at 26 Maple Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 13. The children Andrew Eppley and Madeline Eppley were bom in wedlock. 14. The children are presently in the custody of Mother at 26 Maple Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 15. During the past five years the children have resided with the following persons at the following addresses: A. At 26 Maple Drive, Boiling Springs, Cumberland County, Pennsylvania 17007 with Mother and Father. 16. The father of the children, Todd H. Eppley, is currently residing at 36 Ridge Avenue, Carlisle, Cumberland County, Pennsylvania, and he is married. 17. The Mother of the children, Sara N. Eppley, is currently residing at 26 Maple Drive, Boiling Springs, Cumberland County, Pennsylvania 17007, and she is married. 18. The relationship of the Plaintiff to Andrew Eppley and Madeline Eppley is that of natural mother. 19. The relationship of the Defendant to Andrew Eppley and Madeline Eppley is that of natural father. 20. The Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children in this or another Court. 21. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state. 22. Plaintiff does not know of a person not a party to this custody proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 23. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is the mother of the children b. Plaintiff and Defendant are presently seeking a divorce. c. Plaintiff has been the care giver of the children since their birth. d. Defendant is unable to independently care for the children due to a problem with alcohol. e. Defendant has transported the children while intoxicated and has not used sound judgment regarding the safety and welfare of the children. WHEREFORE, Plaintiff requests this Honorable Court to grant joint legal custody of the children to the Plaintiff and Defendant and to grant physical custody of the children to the Plaintiff and to further restrict Defendant from transporting the children until further notice from this Court. COUNT III REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER 3104, 3323, 2701, 3702 and 3704 OF THE DIVORCE CODE 24. Paragraphs 1 through 23 above are incorporated herein by reference. 25. Plaintiff is unable to sustain herself during the course of litigation. 26. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 27. Defendant has the means and ability to pay Alimony Pendente Lite and Alimony to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite until a final hearing and thereupon to enter an Order of alimony in favor of Plaintiff. COUNT IV EQUITABLE DISTRIBUTION 28. Paragraphs 1 through 27 above are incorporated herein by reference. 29. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 30. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. 31. Plaintiff and Defendant are co-debtors on various debts which maybe subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; Equitably dividing the marital debts incurred by the parties hereto, subject to Plaintiff's Chapter 7 Bankruptcy; d. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; e. For such further relief as the Court may determine equitable and just. Respectfully submitted, L?'k' k 1-41 Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff Dated: ?? VERIFICATION I, SARA N. EPPLEY, verify that the facts set forth in the foregoing Complaint for Divorce, and Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: SARA N. EPPLEY G('l d ? h "' r C ? ? ? lV - O "d c3 C oq ? ?: ?, ?? SARA N. EPPLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1412 TODD H. EPPLEY, : CIVIL ACTION -LAW Defendant : IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 16th day of March. 2006, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: A Complaint for Divorce and Custody was filed to the above tern and number on March 14, 2006. 2. On March t4,2006, a certified copy of the Complaint in Divorce and Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. See the Receipt attached hereto as Exhibit "A" and incorporated herein by reference. 3. On March 14, 2006, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. 4. On or about March 16, 2006, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on March 15, 2006. Said receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, Mark A. Mateya, Esq re Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff Postal a CERTIFIED MAILT. R ECEIPT M (Domestic n.l l rl ru Postage $ 5asn r Caroled Fee ? R ' Q l7 [7 Return Reciep( Fee (Endorsement Required) O Rae r 0 Q Restricted Delivery Fee (Endersemem Required) d t?i a1q o Total Postage 8 Fees ,$ M O - - - 7Bm ZA' PIO or a?AI?? - - See Reverse for Inst ruCticell; PS Farm 3800, Joe. 2002 ¦ Complete items 1, 2, and 3. Also complete item 4 It Restricted Delivery Is desired. '11111 Prim your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the tack of the mailpiece, or on the front if space permits. 1. Article Addressed to: )4. EPPL,ey k IDG.E AvG eAaISkE PA MV 13 A. Signe ??- X Agent Addm B. Received by (Printed Name) C. Date ot[7 D. Is delivery address ddlerent from Item 1? 0 Yes It YES, enter delivery address below: 0 No 3. Set, ype Certitled Mail 0 EYpresa Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? M)dm Fee) Icr es 2. Article Number (narwer from service kbo 7003 0500 0004 2325 2391 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M7560 EXHIBIT ?- 11 1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Received From: 1114 A-K A- ArEyA SSE . P 0, -3k oil( m `% -BO 14 )A )b V)? bV 6.5 A 170611 One piece of ordinary mail addressed fo: 1? DD /-I ,?PP,LE"V ?e?lsi PA PS Form 3817, Mar. 1989 a W 0 0 3 C oVI D? Z V OD O ,O -J ? .?cncV ? •?IP V ?1 V r ce Oe L9 C D CAMARK\ClientsTnge, Kjell\MotApptMasterl.wpd ?i r'f + T illy- ?? 1 SARA N. EPPLEY IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TODD H. EPPLEY DEFENDANT 06-1412 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 21, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4tb Floor, Cumberland County Courthouse, Carlisle on Thursday, April 27, 2006 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinLy. FOR THE COURT. By: /s/ Hubert X. Gilroy, E I Ina Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ;war r SARA N. EPPLEY, Plaintiff v TODD H. EPPLEY, Defendant Prior Judge: Kevin A. Hess MAY 0 ?, I : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1412 IN CUSTODY AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation report, the following temporary Custody Order is entered: 1. The mother, Sara N. Eppley, and the father, Todd H. Eppley, shall enjoy shared legal custody of Andrew Eppley, born July 4, 2003 and Madeline Eppley, born June 30, 2000. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: a. On Monday and Wednesday evenings, from approximately 4:30 p.m. until 8:00 p.m. on school nights and 9:00 p.m. when there is no school the following day. b. On alternating weekends Friday afternoon at approximately 4:30 p.m. until Sunday evening at 7:00 p.m. c. At such other times as agreed upon by the parties. t J 1 8Z :8 d'a`J `'I- !,` 119G01 4. Neither parent shall consume alcohol or be under the influence of alcohol when they have custody of the minor children. 5. The parties shall meet again with the Custody Conciliator on Friday, June 30, 2006 at 8:30 a.m. 6. The father shall enjoy a period of vacation for one week in June, in anticipation that a more detailed vacation schedule be worked out when the parties convene again for another Conciliation. ccAlic d P. Wagner, Esquire ,)dark A. Mateya, Esquire J .e-Ob BY THE COURT, Judge evin A. Hess 5'b SARA N. EPPLEY, Plaintiff v TODD H. EPPLEY, Defendant Prior Judge: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1412 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-5(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Andrew Eppley, born July 4, 2003 and Madeline Eppley, born June 30, 2000. 2. A Conciliation Conference was held on April 27, 2006, with the following individuals in attendance: The father, Todd H. Eppley, with his counsel, Richard P. Wagner, Esquire and the mother, Sara N. Eppley, with her counsel, Mark A. Mateya, Esquire. 3. The parties agree to the entry of an Order in the form as attached. DATE Hubert X. G y, Es ' e Custody Conciliator DEC 0 6 200GoY SARA N. EPPLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TODD H. EPPLEY, NO. 06-1412 Defendant IN CUSTODY COURT ORDER r? AND NOW, this C( day of December, 2006, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilr ,Esquire Custody Co diator car LilC=' ?? CD LLS s.s_ ca N _J SARA N. EPPLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 -1412 TODD H. EPPLEY, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on March 14, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATED: - r Sara N. Eppley 77 Plaintiff ^"? 0 -4 7 77 m , c l } SARA N. EPPLEY, Plaintiff V. TODD H. EPPLEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06 -1412 : CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY 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 I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE r4 ?rze L a rz: Sara. N. Eppley Defendant r»? c, O ?, ? r??s ? ? '... .:?.?' -tee: F'i'f 4"" ? .?? ^ ^E? . T , j ? ? 1 ? A!f i"r ?,... ?,B ' ?? i _ .-?. ?, ? ? SARA N. EPPLEY, Plaintiff V. TODD H. EPPLEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 -1412 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY STIPULATION REGARDING CUSTODY/VISITATION Plaintiff Sara N. Eppley, hereinafter referenced as "Mother," and Defendant Todd H. Eppley, hereinafter referenced as "Father," hereby agree to the following terms in an Order defining custody and partial custody rights and responsibilities in relation to Andrew Eppley, born July 4, 2003, and Madeline Eppley, born June 30, 2000, hereinafter referenced as "Children." There is presently an Custody Order in place and attached hereto as Exhibit "A." 1. Mother and Father will share legal custody of the children as defined in 23 Pa. C.S.A. §5302. All decisions affecting the children's growth and including but not limited to medical treatment, education and religious training, are major decisions which Mother and Father shall make jointly after discussion and consultation with each other. 2. As provided in 23 Pa. C.S.A. §5309(a), each parent shall have full and complete access to the children's mental, dental, religious and school records. This includes the names, addresses and telephone numbers of all medical and other providers. 3. Mother shall have primary physical custody of the children subject to periods of partial custody with the Father as follows : a. Every Monday to commence after school until Tuesday morning at 6 AM at which time children shall be transported to mother's home to prepare for school. b. Every Wednesday to commence after school until 8:00 p.m. on school nights and 9:00 p.m. where there is no school the next day; C. Every other weekend, to commence on Friday afternoon at approximately 4:30 p.m. until Monday morning when Father shall transport children to school or to Mother's home, should school not be in session. d. At other times as Mother and Father mutually agree. e. The parties shall alternate custody on the following holidays: Labor Day, Thanksgiving, Christmas as stated below, New Years Day, Easter, Memorial Day, and the Fourth of July. The times that Father shall have custody of the children on his holidays is from 11:00 a.m. to 7:00 p.m. except as otherwise noted below: 1. Christmas is to be divided into two pieces, with Father having Part A in even numbered years which consists of Christmas eve all day until 10 PM; Part B, which mother shall have in even numbered years, shall consist of Christmas eve at 10 PM through and including Christmas Day; Mother shall have Part A in odd numbered years and Father shall have Part B in odd numbered years; 2. Thanksgiving is to be defined as being from Thursday at 11:00 a..m., until Sunday at 6:00 p.m; 3. All Monday holidays are defined as being from Saturday at 1:00 p.m. until Monday at 6:00 p.m. 4. Father and Mother shall alternate custody of the children on the children's birthdays every other year. f. VACATION: Each party shall be entitled to two (2) weeks of vacation with the children during the children's summer vacation. The party wishing to exercise his or her custodial vacation time with the children shall notify the other party, in writing, at least thirty (30) days prior to the intended vacation period. g. The Holiday schedule shall take precedence over the regular custody schedule. 4. The parties shall have reasonable telephone contact with the children while the children are in the other's custody. 5. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 6. Neither party shall be under the influence of alcohol when they have custody of the minor children. 7. Unless already noted otherwise, the parties agree to share transportation of the children. In the absence of an agreement to the contrary, the party gaining custody of the children shall be responsible for transportation. 8. The parties hereto acknowledge that they have had the opportunity to consult an attorney prior to executing this Agreement. Mother represented by Mark A. Mateya, Esquire. Father is represented by Attorney Richard Wagner. 9. The parties agree that the Cumberland County Court of Common Pleas will retain jurisdiction in any dispute whatever involving Children or custody of the Children. 10. The parties hereto agree that this Agreement shall be recorded and incorporated into an Order enforceable by the Court. oZ-6/) - e )/ Date Date Date W-I7-a7 Date SARA N. EPPLEY, Plaintiff v TODD H. EPPLEY, Defendant Prior Judge: Kevin A. Hess LAM f'ILL? Uyi : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.'06-1412 : IN CUSTODY COURT ORDER AND NOW, this day of 2006, upon consideration of the attached Custody Conciliation report, the folio temporary Custody Order is entered: 1. The mother, Sara N. Eppley, and the father, Todd H. Eppley, shall enjoy shared legal custody of Andrew Eppley, born July 4, 2003 and Madeline Eppley, born June 30, 2000. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: a. On Monday and Wednesday evenings, from approximately 4:30 p.m. until 8:00 p.m. on school nights and 9:00 p.m. when there is no school the following day. b. On alternating weekends Friday afternoon at approximately 4:30 p.m. until Sunday evening at 7:00 p.m. c. At such other times as agreed upon by the parties. a 4. Neither parent shall consume alcohol or be under the influence of alcohol when they have custody of the minor children. 5. The parties shall meet again with the Custody Conciliator on Friday, June 30, 2006 at 8:30 a.m. 6. • The father shall enjoy a period of vacation for one week in June, in anticipation that a more detailed vacation schedule be worked out when the parties convene again for another Conciliation. BY THE COURT, S Judge ?evinA. Hess cc: Richard P. Wagner, Esquire Mark A. Mateya, Esquire In Tostima! m?I:: ???,?`.'? ?:. ?::; ;1;:.d and f. ?eG' T i? .....7.... d,,?? c?...?... ..., Prothonot i SARA N. EPPLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v TODD H. EPPLEY, Defendant Prior Judge: Kevin A. Hess NO. 06-1412 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Andrew Eppley, born July 4, 2003 and Madeline Eppley, born June 30, 2000. 2. , A Conciliation Conference was held on April 27, 2006, with the following individuals in attendance: The father, Todd H. Eppley, with his counsel, Richard P. Wagner, Esquire and the mother, Sara N. Eppley, with her counsel, Mark A. Mateya, Esquire. 3. The parties agree to the entry of an Order in the form as attached. sr?o ? DATE Hubert X. Gilroy, Custody Conciliat, 9 `- = M s , CT r'r'?+ THIS AGREEMENT, made this day of 2007, by and between .Z-7 LW TODD H. EPPLEY, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband," and SARA N. EPPLEY, of Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 4, 1990, in Niagra Falls, New York; and WHEREAS, there were two (2) children born unto the marriage, Madeline, born 6/30/00, and Andrew, born 7/4/03; and WHEREAS, certain differences have arisen between the parties, as a result of which they have decided to separate, and are desirous therefore of entering into an Agreement which will distribute their marital property in a manner which is equitable and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by counsel, or having had the opportunity of being properly advised by counsel, understand the legal impact of this Agreement and execute this Agreement intending to be legally bound by the terms of this Agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: The parties agree to live separate and apart from one another at such places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date of this Agreement she has now, and in the future she will not, contract or incur any debt or liability for which Husband or his Estate might be responsible and shall indemnify and save Husband harmless for any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the date of this Agreement he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her Estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to Section 202 of the Divorce Code. 6. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3501 of the Pennsylvania Divorce Code, and taking in to account the following considerations: the length of the marriage; the fact that it is the Wife's first marriage and the Husband's first marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. -2- The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets; and the division is being effected without the introduction of outside funds or other property not constituting marital property. the division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. PERSONAL PROPERTY: The parties hereto agree that the remaining personal property accumulated during the marriage has been or will be satisfactorily divided between the parties. Each party agrees that upon receipt and possession of said items of personal property that that personal property will become the sole and exclusive property of the person in whose possession the property is vested. The parties agree to release, relinquish and discharge any and all right, title and interest in the property in the other's possession. 7. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. 8. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 9. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, -3- execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 10. BREACH: If either parry breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching the contract should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 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. VOLUNTARY EXECUTION: Husband and Wife acknowledge the provisions of this Agreement are fully understood by both parties. Each party acknowledges that the Agreement is in all respects fair and equitable, and it is entered into voluntarily and knowingly, and not as the result of any duress or undue influence. 13. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based upon the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of the Divorce Code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court order determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 14. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has in interest, the sources and amount of the income of such party of every type whatsoever and of all other facts relating to the subject matter of this Agreement. -4- 15. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 17. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 18. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 19. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 20. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 21. CREDIT CARDS: Each party agrees that all credit cards and debts incurred during the course of the marriage, with the exception of the Toyota obligation, have been satisfied. 22. TOYOTA: Husband and Wife agree that Wife shall become the sole and separate owner of the Toyota, and Wife will be solely responsible for any indebtedness on said Toyota, holding Husband harmless on the same. 23. FIDELITY WESTON SAVINGS PLAN: Husband and Wife agree that Wife shall be entitled to twelve thousand dollars ($12,000.00) of the Husband's Fidelity Weston Savings Plan, that will be rolled over into an IRA for Wife. -5- 24. LLC: Husband and Wife agree that Wife is part of an LLC, and Husband agrees to release, relinquish, and discharge any and all right, title and interest in the same. 25. HEALTH INSURANCE: Husband and Wife agree that Husband shall continue to cover Wife under his health insurance program up until January 1, 2008. 26. TAX DEDUCTIONS: Husband and Wife agree that they each shall claim one (1) child for tax purposes. 27. DISCLOSURE: Husband and Wife agree that they are aware of the accounts of the other, the assets of the other, the values of those accounts and assets, as well as indebtedness of the respective parties. The parties execute this Agreement, expressly being familiar with all assets of said marriage, and further, both parties acknowledge that they have had sufficient time to explore all assets and values of all property owned individually and/or by and between the parties. Having done so, the parties fully agree there has been a full disclosure of all assets, and the execution of this Agreement, intending to resolve all marital issues by and between the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. " Witness -6- C'} cs ? °rt y *« SARA N. EPPLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 -1412 TODD H. EPPLEY, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on March 14, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. DATED: , ?_16k :? T H. Eppley Defendant N r, -n ;,,fJ . c_n ?,..7 SARA N. EPPLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 -1412 TODD H. EPPLEY, : CIVIL ACTION -LAW Defendant : IN DIVORCE AND CUSTODY 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 I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE l f L_ d H. Eppley Defendant r-a ° p C) ca cx Ln SARA N. EPPLEY, Plaintiff V. TODD H. EPPLEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1412 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: By certified mail on March 15, 2006. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff May 1, 2007 ; by Defendant May 6, 2007 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: May 1, 2007. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: On or about May 31, 2007. Each party has filed a Waiver of the Notice of Intention to Request Entry of A Divorce Decree. U J Mark A. Mateya, Esq re P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff ° O C i SARA N. EPPLEY, Plaintiff V. TODD H. EPPLEY, Defendant JUN 07 2007 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 1412 CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY ORDER AND NOW, this I !" day of June, 2007, upon consideration of the attached Custody Stipulation, the following Custody Order is entered: 1. The mother, Sara N. Eppley, and the father, Todd H. Eppley, shall enjoy shared legal custody of Andrew Eppley, born July 4, 2003, and Madeline Eppley, born June 30, 2000. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: a. Every Monday to commence after school until Tuesday morning at 6:00 a.m., at which time the children shall be transported to mother's home to prepare for school. b. Every Wednesday to commence after school until 8:00 p.m., on school nights and 9:00 p.m., when there is no school the next day. C. On alternating weekends commencing on Friday afternoon at approximately 4:30 p.m., until Monday morning when father shall transport children to school or to mother's home, should school not be in L session. FLED THE F T,FY JUN I I fit 11: 3 o 4 V d. Holidays - The parties shall alternate custody on the following holidays. Labor Day, Thanksgiving, Christmas as stated below, New Years Day, Easter, Memorial Day and the Fourth of July. Father shall have custody of the children on his holidays from 11:00 a.m. to 7:00 p.m., except as follows: 1. Christmas is to be divided into two pieces with Father having part "A" in even numbered years which consists of Christmas Eve all day until 10:00 p.m.; Part "B", which mother shall have in even numbered years, shall consist of Christmas Eve at 10:00 p.m. through and including Christmas Day; Mother shall have Part "A" in odd numbered years and Father shall have Part "B" in odd numbered years; 2. Thanksgiving is to be defined as being from Thursday at 11:00 a.m., until Sunday at 6:00 p.m. 3. All Monday holidays are defined as being from Saturday at 1:00 p.m., until Monday at 6:00 p.m. 4. Father and Mother shall alternate custody of the children on the children's birthdays every other year. e. Vacation - Each party shall be entitled to two (2) weeps of vacation with the children during the children's summer vacation. The party wishing to exercise his or her custodial vacation time with the children shall notify the other party, in writing, at least thirty (30) days prior to the intended vacation period. f. At such other times as the parties mutually agree. 4. Neither parent shall consume alcohol or be under the influence of alcohol when they have custody of the minor children. 5. The parties shall have reasonable telephone contact with the children while the children are in the other parent's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the children nor permit third persons to make disparaging remarks concerning the other party while in the presence of the children. 7. Father and Mother shall share transportation of the children. In the absence of an agreement to the contrary, the party gaining custody of the children shall be responsible for transportation. 8. Cumberland County Court of Common Pleas will retain jurisdiction in any disputes involving the children or custody of the children. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SARA N. EPPLEY N O. 1412 2006 VERSUS TODD H. EPPLEY DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT SARA N. EPPLEY PLAINTIFF, AND TODD H. EPPLEY ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not vet been entered. The Marriage Settlement Agreement entered into by and between the parties is incorporated but not merged into the Divorce Decree. E Lo_ 1/ - 07 ', 1 ? ZOa1 ` QUALIFIED DOMESTIC RELATIONS O (Court) In the Matter of the Marriage of: Case Number: / aLC?- and - I GNI .14 - 6&6,x/ Domestic Relations Order This Order creates and recognizes the existence of an Alternate Payee's right to receive af? orticn of the Participant's benefit under the INSERT PLAN NAME LJ%S21..? ? i?G /114j ("Plan"), a defined contribution plan, and is entered pursuant to the authority granted under the applicable domestic relations or community property laws of the State of This Order relates to the provisions of- K Marital Property Rights Child Support Alimony Payments Section (1) Participant Information: lO'& 14, _Mkky 01-14-049 IV Sam Allu, Name, Date of Birth and Social Security Number Last Known Mailing Address (Street, City, State and Postal Zip Code) The "Participant" is an employee or former employee who has a vested benefit under the Plan. Section (2) Alternate Payee Information: aJ o=..?PLy' ?? UJ -19C dg 7 Sk- 4,)9 Name, Date of Birth and Social Security Number Current Mailing Address (Street, City, State and Postal Zip Code) An "Alternate Payee" as defined by Section 414(p)(8) of the Internal Revenue Code is a (check one) ( )spouse, (A former spouse, ( ) child or ( ) other dependent of the Participant. C; QUALIFIED DOMESTIC RELATIONS ORDER Section (3) Allocation of Benefits: This Order assigns the following benefit to the Alternate Payee: o % of the savings plan vested account balance as of (Allocation Date) OR v Specific Amount of $ lob i QA7) The amount allocated will be taken from the Plan Participant's vested account balance in proportionate amounts from each investment fund which contains a vested balance and will also be taken proportionately between pre-tax and post-tax (if any) amounts. IMPORTANT NOTE: Unless otherwise stated in this Order, any outstanding loan balance as of the Allocation Date is NOT considered to be part of the "vested account balance" when determining the Alternate Payee's allocated portion. Any outstanding loan balance payable under the plan is the responsibility of the Participant. Section (4) Method of Payment The Plan Administrator shall distribute the benefit described in Section (3) above to the Alternate Payee in the form of a single sum payment, by check. As a practical matter, if the Alternate Payee elects a direct rollover of all or a portion of the taxable portion of his or her benefit, then two checks will be issued - one payable to the financial institution accepting the rollover and one payable to Alternate Payee. As a technical matter, when the funds are drawn from the Plan Participant's vested account, they are first deposited into a temporary set-up account for the benefit of the Alternate Payee and all funds are deposited into the Variable Interest Fund until the distribution check(s) are actually issued according to the Alternate Payee's election. Section (5) Commencement of Benefits The Alternate Payee's benefit will be paid as soon as practicable following qualification of this order by the Plan Administrator's authorized designee. In general, the Alternate Payee's benefit will be distributed promptly upon the Plan's receipt of the Alternate Payee's properly completed distribution election form in accordance with Internal Revenue Service rules and Plan provisions. However, if the Alternate Payee fails to return a properly completed election form within 30 days after receiving the form, the Plan will automatically issue a single sum distribution to the Alternate Payee and, as mandated by federal law, withhold 20% of the taxable portion for federal tax withholding purposes. QUALIFIED DOMESTIC RELATIONS ORDER Section (6) Understandings and Conditions (a) Mailing Address - It is the responsibility of the Participant and the Alternate Payee to keep the Plan informed of any change in his/her mailing address and legal name. (b) Federal Tax Treatment - For purposes of Section 402(a)(1) of the Internal Revenue Code, an Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee for any distribution made to the Alternate Payee under the terms of this Order. As such, the Alternate Payee will be required to pay the appropriate Federal income tax on such distributions. Further, the tax basis of any distribution to the Alternate Payee shall be on a proportionate basis pursuant to Section 72(m)(10) of the Code. (c) Hold Harmless - The Participant and Alternate Payee shall hold the Plans and their sponsors and fiduciaries harmless from any liability which may arise from administering this Order, including all reasonable attorneys' fees which may be incurred in connection with any claims which are asserted because the Plan honors this 1 Order. (d) Attorneys Fees - The Plans and their sponsors and fiduciaries shall not be responsible for any attorneys' fees incurred by the Participant or the Alternate Payee in connection with obtaining or enforcing this Order. (e) Notice of Prior Order - This Order does not require the Plan to provide benefits to the Alternate Payee designated in this Order that are required to be paid to another Alternate Payee under another Order previously determined to be a QDRO. By the submission of this Order, the Participant and Alternate Payee certify that they are not aware of any prior orders that purport to dispose of the benefits described herein. Should a prior order exist, it is the responsibility of the parties to advise the QDRO Department of such existing order prior to the determination of the qualified status of this order. (f) Qualified Domestic Relations Order - It is intended that this Order will fulfill the requirements of a qualified domestic relations order pursuant to the Retirement Equity Act of 1984 and Section 414(p) of the Internal Revenue Code. As such, this Order shall not require the Plan to provide any type or form of benefits or any option not otherwise provided for Alternate Payees by the Plan. Further, nor shall this Order require the Plan to provide for increased benefits (in actuarial value) over those benefits otherwise provided for under the Plan. This Order shall be administered and interpreted in conformity with said statutes, as amended from time to time, and any regulations promulgated pursuant thereto. (g) Constructive Receipt - While it is anticipated that the Plan will pay directly to the Alternate Payee the benefits assigned to him or her, the Participant is designated a constructive trustee to the extent he or she receives any benefits under the Plan that are due to the Alternate Payee but paid to the Participant. The Participant is ordered and decreed to pay the benefits defined above directly to the Alternate Payee within three days after receipt by him or her. (h) Jurisdiction - The Court retains jurisdiction to amend this Order, but only for the purpose of establishing or maintaining its qualification as a Qualified Domestic Relations Order; provided that no such amendment shall require the Plan to provide any type or form of benefit, or any option not otherwise provided under the Plan, and further provided that no such amendment or the right of the Court to amend will invalidate this Order as "qualified". .y F QUALIFIED DOMESTIC RELATIONS O 1008 MA Y IT IS SO ORDERED This 13. Day of If- Judge of tJ G,,.-1-6" .,01 Leww Court Atto for Participant: f' tore --- - ---' - Date Print Name & Mailing Address: 3 -" --4 Lt t) . I Z- I-? (<.:) . Telephone Number: ( ?7 ) 23y y V' A d , ) Print Name & Mailing Address: ri y ?'Jom 61 G 1-1 f ?Gi / s /o O r 7G? Telephone Number: ( 71 7 ) Y -(/ Z NOTE: If one or both parties are not represented by legal counsel, it is suggested the party (or parties) sign this Order in place of the legal representative(s). i In W 3 Ina ;.. , , P { , Q Jennifer L. Spears, Esquire , __ 1. 1 MARTSON DEARDORFF WILLIAMS OTTO GILROY kFA4tg1j ( p !j MARTSON LAW OFFICES I.D. 87445 ':; Cx 9t?ti°:J 10 East High Street r' ? H-) Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SARA N. GELBAUGH, f/k/a SARA N. EPPLEY, Plaintiff V. TODD H. EPPLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1412 CIVIL ACTION - LAW IN CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes the Plaintiff, Sara N. Gelbaugh, by and through her attorneys, MARTSON LAW OFFICES, and files this Petition to Modify Custody as follows: 1. Plaintiff is Sara N. Gelbaugh ("Mother") who currently resides at 1137 Shannon Lane, Carlisle, PA 17015. 2. Defendant is Todd H. Eppley ("Father") who currently resides at 4 Bella Vista Drive, Mechanicsburg, PA 17055. 3. The parties are the parents of Andrew Eppley, born July 4, 2003, and Madeline Eppley, born June 30, 2000. 4. A Custody Order was entered on June 15, 2007, which is attached hereto as Exhibit «A " 5. A change of the current custody schedule needs to be done as Madeline will be entering middle school and will begin school at an earlier time. 0 cut as,oa mast, v? s 6. Father has moved to Mechanicsburg since the entry of the June 15, 2007, Order, and the back-and-forth transportation has become burdensome on the children. 7. The Honorable Kevin A. Hess, President Judge, has issued Orders in this matter. WHEREFORE, Plaintiff prays Your Honorable Court to schedule a custody conciliation conference in this matter. MARTSON LAW OFFICES By_ =dp Jennifer . Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: -;Jlo[Attorneys for Plaintiff ? ?? JUN 0 7 2007 VV SARA N. EPPLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06 - 1412 TODD H. EPPLEY, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY ORDER AND NOW, this 4? day of June, 2007, upon consideration of the attached Custody Stipulation , the following Custody Order is entered: 1. The mother, Sara N. Eppley, and the father, Todd H. Eppley, shall enjoy shared legal custody of Andrew Eppley, born July 4, 2003, and Madeline Eppley, born June 30, 2000. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: a. Every Monday to commence after school until Tuesday morning at 6:00 a.m., at which time the children shall be transported to mother's home to prepare for school. b. Every Wednesday to commence after school until 8:00 p.m., on school nights and 9:00 p.m., when there is no school the next day. C. On alternating weekends commencing on Friday afternoon at approximately 4:30 p.m., until Monday morning when father shall transport children to school or to mother's home, should school not be in session. 'I, I EXHIBIT "A" *I d. Holidays - The parties shall alternate custody on the following holidays. Labor Day,' Thanksgiving, Christmas as stated below, New Years Day, Easter, Memorial Day and the Fourth of July. Father shall have custody of the children on his holidays from 11:00 a.m. to 7:00 p.m., except as follows: 1. Christmas is to be divided into two pieces with Father having part "A" in even numbered years which consists of Christmas Eve all day until 10:00 p.m.; Part "B", which mother shall have in even numbered years, shall consist of Christmas Eve at 10:00 p.m. , through and including Christmas Day; Mother shall have Part "A" in odd numbered years and Father shall have Part "B" in odd numbered years; 2. Thanksgiving is to be defined as being from Thursday at 11:00 a.m., until Sunday at 6:00 p.m. 3. All Monday holidays are defined as being from Saturday at 1:00 p.m., until Monday at 6:00 p.m. 4. Father and Mother shall alternate custody of the children on the children's birthdays every other year. e. Vacation - Each party shall be entitled to two (2) weeks of vacation with the children during the children's summer vacation. The party wishing to exercise his or her custodial vacation time with the children shall notify the other party, in writing, at least thirty (30) days prior to the intended vacation period. r ? M r r f. At such other times as the parties mutually agree. 4. Neither parent shall consume alcohol or be under the influence of alcohol when they have custody of the minor children. 5. The parties shall have reasonable telephone contact with the children while the children are in the other parent's custody. 6. Neither party shall make any disparaging remarks regarding the other party in the presence of the children nor permit third persons to make disparaging remarks concerning the other party while in the presence of the children. 7. Father and Mother shall share transportation of the children. In the absence of an agreement to the contrary, the party gaining custody of the children shall be responsible for transportation. 8. Cumberland County Court of Common Pleas will retain jurisdiction in any disputes involving the children or custody of the children. BY THE COURT: fn Tcs? VERIFICATION The foregoing Petition to Modify Custody is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. S a Gelbaug SARA N. GELBAUGH F/K/A SARA N. IN THE COURT OF COMMON PLEAS OF EPPLEY PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2006-1412 CIVIL ACTION LAW TODD H. EPPLEY IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, March 15, 2011 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, April 19, 2011 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn .Man aff, n r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 3-1,5'-11 591 S 32 South Bedford Street f Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 0 d -4 -W 0? "O'? t'? Ma-?? IV