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HomeMy WebLinkAbout06-2782MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CVo - ?? (2jo'tl E)2-Wl CIVIL ACTION - LAW IN DIVORCE & CUSTODY N O T I C E 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 action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO 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, PA 17013 MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6(,- -W 7Fz CIVIL ACTION - LAW IN DIVORCE & CUSTODY NOTICE OF AVAILABILITY OF 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(d) of the Divorce Code, you may request 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 17013. 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. KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope0comcast.net Attorney for Plaintiff MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA - a'yO,2 u '-7 vs. NO. L7 i C (T)2? C STEPHEN DEPPEN, CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, MARY ELLEN DEPPEN, by and through her attorney, SHANE B. KOPE, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is MARY ELLEN DEPPEN, an adult individual who currently resides at 53 West Keller Street, Mechanicsurg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is STEPHEN DEPPEN, an adult individual who currently resides at 1107 Rana Villa Ave, Apt 7, Camp Hill, PA. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 4, 1999 in Carlisle, PA 17013. 5. The Parties separated within the home in February 2005 and the Defendant moved out of the marital home in August 2005. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT If REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as Specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. The parties are the parents of the following unemancipated children who reside with the Plaintiff at the current time: NAME AGE SEX D.O.B. Alexander Deppen 8 years Male 5/5/1998 Ashton Deppen 3 years Male 5/2/2003 16. For the preceding five years the children have resided with the following persons and at the following addresses: PERSONS ADDRESS DATES Mary Ellen Deppen 53 West Keller Ave Mechanicsburg, PA August 2005 - present Mary Ellen Deppen 53 West Keller Ave 2000 - August 2005 Stephen Deppen Mechanicsburg, PA 17. Plaintiff has not participated in any other litigation concerning the custody of the children in this or any other state. 18. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 19. Plaintiff is requesting primary legal and physical custody of the children. 20. The best interests and permanent welfare of the child will be served by granting the requested relief. WHEREFORE, Plaintiff respectfully requests that pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding Plaintiff primary legal custody of the child. COUNT IV REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 (a) OF THE DIVORCE CODE 21. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 22. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 23. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 24. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. COUNT V ALIMONY 25. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 26. The Defendant has rendered Plaintiff unable to maintain any reasonable standard of living, let alone the standard the parties established during their marriage. 27. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT VI ALIMONY PENDENTE LITE 28. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 29. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 30. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff respectfully requests that the Court Order Defendant to pay him reasonable alimony pendente lite during the pendency of this action. Respectfully Submitted, KOPE ATES i Dated: J?'- " ane . Kope, Esq. VERIFICATION I, Mary Ellen Deppen, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: -?a- Mary EII Deppen _ Y T C C C CN W t 1 a? ?l ? KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net Attorney for Plaintiff MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY,, PENNSYLVANIA vs. NO. OCR - o?7P2? L/vlu? STEPHEN DEPPEN, CIVIL ACTION - LAW Defendant. IN CUSTODY CUSTODY COMPLAINT 1. The Plaintiff is Mary Ellen Deppen residing at 53 West Keller, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Stephen Deppen residing at 1107 Rana Villa Ave., Apt 7, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff seeks primary physical and legal custody of the following children: NAME PRESENT RESIDENCE AGE Alexander Deppen 53 West Keller Mechanicsburg, Pennsylvania Ashton Deppen 53 West Keller Mechanicsburg, Pennsylvania 4. Alexander Deppen was born out of wedlock. 8 years D.O.B. 5/5/98 3 years D.O.B. 5/3/03 Ashton Deppen was born in wedlock 5. The children are presently residing with the Plaintiff. 6. During the past five years, the children have resided with the following persons and at the following addresses: PERSONS ADDRESSES DATES Mary Ellen Deppen 53 West Keller Mecanicsburg, PA August 2005-present Mary Ellen Deppen 53 West Keller 2000-August 2005 Stephen Deppen Mechanicsburg, PA 7. The mother of the children is Mary Ellen Deppen, currently residing at 53 West Keller, Mechanicsburg, Cumberland County, Pennsylvania. She is separated. 8. The father of the children is Stephen Deppen currently residing at 1107 Rana Ville Ave., Apt 7, Camp Hill, Cumberland County, Pennsylvania. He is separated. 9. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME Alexander Deppen Ashton Deppen RELATIONSHIP Child Child 10. The relationship of Defendant to the children is that of Father. 11. The Defendant does not currently reside with anyone: 12. Plaintiff has not participated as a party in previous litigation concerning the custody of the children 13. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. Plaintiff is requesting primary legal and physical custody of the children. 15. The best interest and permanent welfare of the children will be served by the granting relief requested because: (a) The minor children's emotional and physical well-being will be continued if they maintain living at the current residence. (b) The mental and emotional well being of the children will be served if they continue to live with their Mother on a regular basis. (c) Plaintiff is able to provide a stable home and emotional environment for the children; and (d) Plaintiff has the facilities to provide for the care, comfort and control of the children, as well as the intention and desire to do so. 16. Each parent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant the following relief: (a) Award Plaintiff primary physical and legal custody of the children. Dated: 51 Z 11? cz? c Respectfully Submitted, KOPE & ASSOCIATES By: ane B. ope, Esq. VERIFICATION I, Mary Ellen Deppen, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: - - 4?ryE Dee Pen n T -i n T -j rcr KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkoaeftomcast.net Attorney for Plaintiff MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. D(Q- 978.2 STEPHEN DEPPEN, CIVIL ACTION - LAW Defendant. IN DIVORCE &CUSTODY ACCEPTANCE OF SERVICE I, Stephen Deppen, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce and Custody. Date: g- / li?- o t: N ^ Tl `iLJ t47 ? KOPE & ASSOCIATES BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net Attorney for Plaintiff MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06--X7$.9, STEPHEN DEPPEN, CIVIL ACTION - LAW Defendant. IN CUSTODY ACCEPTANCE OF SERVICE I, Stephen Deppen, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Custody. Date: O ? ° ? ' .T T ??'. . , , h . , -.. rnr- °...c. _ ?-a t ?} ?? ? ^?? rl . ' ^C7 l-'- ` ' N ?? ?? ? ) a ty ..c, •-' MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN DEPPEN DEFENDANT 06-2782 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, May 26, 2006 , upon consideration of the attached. Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, July 21, 2006 at 12:30 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. 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 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/ Melissa A Gree Es q. 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 'op -, ?a- or=s ?C .Z I- d OE 1,VVW 9002 A ?1(i' .'_Uwd 3141 ?O MARY ELLEN DEPPEN, Plaintiff V. STEPHEN DEPPEN, Defendant 19c-mur ;1 v iio" AUG 0 w 6 BY: 1811 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0642782 CIVIL TERM ORDER OF COURT AND NOW, this ( 6 ft_ day of August, 2006, upon c Custody Conciliation Summary Report, it is hereby ordered and 1. Legal Custody. The parties, Mary Ellen Deppen have shared legal custody of the minor children, Alexander De Ashton Deppen born May 3, 2003. Each parent shall have an jointly with the other parent, to make all major non-emerge children's general well-being including, but not limited to, all dec education and religion. Pursuant to the terms of 23 Pa. C. S. entitled to all records and information pertaining to the children medical, dental, religious or school records, the residence addr( other parent. To the extent one parent has possession of any that parent shall be required to share the same, or copies th within such reasonable time as to make the records and infor the other parent. 2. Physical Custody. Mother shall have primary Father's rights of partial custody, which shall be arranged as fc A. On alternating weekends, from Friday at 3:00 p.m B. In the event that Father is working during his cus have custody of the children during his work shift Father is off of work, at approximately 3:00 p.m. C. Other times arranged by mutual agreement of the 3. Neither party shall do or say anything which may the other parent, injure the opinion of the children as to the othe and natural development of the children's love and respect f parent shall ensure that third parties also comply with this provis of custody. ACTION - LAW CUSTODY Lion of the attached as follows: i Stephen Deppen, shall :n born May 5, 1998 and ual right, to be exercised decisions affecting the ns regarding their health, 109, each parent shall be luding, but not limited to, of the children and of the oh records or information, of, with the other parent :ion of reasonable use to custody subject to Sunday at 8:00 p.m. weekend, Mother shall 5:30 a.m. until the time estrange the children from parent, or hamper the free )r the other parent. Each on during his or her periods ? N z te s . CC C-? }G ? V O I . r NO. 06-2782 CIVIL TERM 4. Transportation shall be shared by the parties. periods of custody, the parties will meet at the tennis courts n of the custodial exchange. At the conclusion of Father's pi return the children to Mother's residence. Father's paramour, for custodial exchanges. the beginning of Father's Wesley park for purposes is of custody, Father will ather, shall not be present 5. In the event that either party will be taking the children outside the Commonwealth of Pennsylvania for a period of custody, prior to departure, the traveling parent will provide the non-traveling parent with an trip itiner ry, including a telephone contact where they can be reached during the time they are awa . BY THE COURT: Dist: Shane B. Kope, Esquire, 4660 Trindle Road, Ste 201, Camp Hill, PA 17011 Stephen Deppen, Go Mary Ellen Deppen, 53 W. Keller Street, Mechanicsbur , PA 17055 a MARY ELLEN DEPPEN, Plaintiff V. STEPHEN DEPPEN, AUG 0 2006 BY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND OUNTY, PENNSYLVANIA NO. 06- 782 CIVIL TERM Defendant IN ACCORDANCE WITH CUMBERLAND COUNTY 1915.3-8, the undersigned Custody Conciliator submits the 1 1. The pertinent information concerning the child litigation is as follows: NAME Alexander Deppen Ashton Deppen DATE OF BIRTH May 5, 1998 May 3, 2003 2. Mother filed a Complaint for Custody on M Conciliation Conference was scheduled for July 21, 2006, but 2006. Present for the conference; the Mother, Mary Ellen Dep B. Kope, Esquire. The Father, Stephen Deppen, participated p 3. The parties reached an agreement in the form of Dat Custody - LAW IN CUSTODY OF CIVIL PROCEDURE 3 report: is the subject of this Mother Mother 16, 2006. A Custody ter continued until July 28, n, and her counsel, Shane se. as attached. Greevy, :280598 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I. D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAkopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE & CUSTODY PETITION FOR INJUNCTIVE RELIEF TO PREVENT DISSIPATION OF MARITAL ASSETS Petitioner, Mary E. Deppen, by her undersigned attorney, files this Petition for Special Relief in order to preserve and protect the parties' marital property and, in support of the Petition, respectfully represents that: 1. Petitioner, Mary E. Deppen is the plaintiff in this divorce action and currently resides at Cumberland County, Pennsylvania. 2. Respondent, Stephen Deppen is the defendant in this divorce action, and, on information and belief, resides at 801 South Market Street, Apartment C, Mechanicsburg, Cumberland County, Pennsylvania. 3. The parties are husband and wife, having been married on September 4, 1999. 4. The parties separated in February, 2005. 5. This action was commenced with the filing of a Complaint in Divorce on May 16, 2006, in which Mary Deppen included claims for, inter alia, a divorce on the grounds set forth at Sections 3301(a)(2), 3301(c) and 3301(d) of the Divorce Code, equitable distribution of marital property, alimony pendente lite, and alimony. 6. During the course of the marriage, the parties acquired assets, including real and personal property, which constitute marital property within the meaning and intent of the Pennsylvania Divorce Code and which are subject to equitable distribution. 7. This marital property, includes, but is not limited to: a. The marital home, which was located at 53 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania. b. 401(k) retirement and/or other pension plan(s) through respondent's place of employment. The Marital Home 8. The marital home was sold on October 24, 2006, with remaining proceeds in the amount of $31, 610.23. (The Settlement Statement is attached hereto at Exhibit "A"). 9. By mutual agreement of the parties, the proceeds were put into an interest bearing escrow account for the following reasons: a. It allowed for the sale of the marital home by securing the release of a lien placed upon the home by petitioner's bail bondsman in relation to criminal charges she was facing previous to the sale of the home. b. It ensured that the proceeds are distributed according to the percentage of the martial estate allocated by the divorce master at the conclusion of this matter. (The bank statement from this account is attached hereto as Exhibit "B"). 10. There is not a signed agreement by the parties setting forth these terms. 2 11. Recently, Mr. Deppen has been calling the undersigned counsel demanding half of the money currently in escrow. 12. The undersigned counsel has refused to release any portion of the proceeds held in escrow due to his obligation to petitioner via the above terms. 401 (K) / Pension 13. Respondent's 401 (K) and / or other pension plan(s) constitutes a substantial portion of the marital estate. 14. Petitioner believes respondent will remove funds from his 401 (K) or liquidate other assets and will dissipate the marital assets. 15. Upon information and belief, if respondent disposes of the assets in his sole control, the remaining marital assets will be insufficient to adequately protect petitioner's right to equitable distribution of the parties' marital property. 16. Pursuant to Section 3323(f) of the Divorce Code, this court has "full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this act, and may grant such other relief or remedy as equity and justice require ...." 17. The relief sought by petitioner: a. is necessary to protect her interests in the marital property; b. is necessary to effectuate the purposes of the Divorce Code; and c. is required by equity and justice. 18. Petitioner has no adequate remedy at law. 3 19. Upon information and belief, petitioner will suffer irreparable harm and lose forever her rights to equitable distribution of marital property unless respondent is enjoined from dissipating marital assets in his control. 20. Pursuant to Section 3104(a) of the Divorce Code, the relief sought by this Petition can be fairly and expeditiously determined and disposed of in this action. 21. Petitioner requests that this Honorable Court issue an Order directing that the money currently held in escrow be maintained in said account pending outcome of the divorce proceedings 22. In addition, petitioner requests that an Injunction be entered against the respondent prohibiting him from: a. transferring, secreting, appropriating, pledging, alienating, selling, utilizing or encumbering in any way without further Order of this court or the express written permission of petitioner any property, real or personal, belonging to or acquired by, either party. b. Incurring any further debts that would burden the credit of the other party, including, but not limited to, unreasonably using credit cards or cash advances against credit or bank cards. c. Changing the beneficiary of any life insurance policy, pension or retirement plan, or pension or retirement investment account, except with the written consent of the other party or by Order of the Court. 4 WHEREFORE, petitioner respectfully request that this Honorable Court grant the Petition for Injunctive Relief according to the terms set forth above. Respectfully Submitted, ?4ARE_MASSDUATES, LLC hane--S„-_KopeT q. Dated: December 11, 2006 5 SETTLEMENTSTATEMENT + V`. `LV Y " Titlepro for Windows RIVERSIDE LAND TRANSFERS, L.L.C. 301 Market Street, Suite 100 B. TYPE OF LOAN Lemoyne, PA 17043-0109 (717) 441-1555 ? 1. FHA ? 2. FMHA ® 3. CONV.UNINS. ? 4. VA ? 5. CONV. INS. 6. FILE NUMBER: 9149 7. LOAN NUMBER: 1379595 MORT. INS. CASE NO.: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for information purposes and are not included in the totals. 0. NAME AND ADDRESS OF BORROWER: Steven A. Carabello 35 W. Coover St, Apt. 2 Mechanicsburg, PA 17055 E. NAME AND ADDRESS OF SELLER: Stephen M. Deppen, Mary Ellen L. Deppen 53 W. Keller Street Mechanicsburg, PA 17055 F. NAME AND ADDRESS OF LENDER Taylor Bean & Whitaker Mortgage 1417 North Magnolia Avenue, Mailstop S Ocala FL 34475-9078 G. PROPERTY LOCATION: 53 W. Keller Street, Mechanicsburg H. SETTLEMENT AGENT: Riverside Land Transfers, L.L.C. I. SETTLEMENT DATE: Oct 24 2006 Tuesday Mechanicsburg Borough Cumberland County, PA 17055 PLACE OF SETTLEMENT: 301 Market Street, Suite 100 Lemoyne, PA 03:30 PM J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. Gross Amount Due From Borrower 400. Gross Amount Due to Seller 101. Contract sales price 115,000.00 401. Contract sales price 115,000.00 102. Personal Property 402. Personal Property 103. Settlement Charges (line 1400) 3,600.89 403. 104. 404. 105. 405. Adjustments for items paid in advance by seller(s) Adjustments for items paid in advance by seller(s) 106. City/Town tax 406. City/Town tax 107. County/City tax 10124/06 to 12/31/06 70.95 407. County/City tax 10/24/06 to 12/31106 70.95 108. Assessments 408. Assessments 109. School Tax 10/24106 to 06130107 723.48 409. School Tax 10/24106 to 06130/07 723.48 110. Sewer/Refuse 10124106 to 12/31/06 78.95 410. Sewer/Refuse 10/24/06 to 12/31/06 78.95 111. 411. 112. 412. 120. Gross Amount Due from Borrower 119,474.27 420. Gross Amount Due to Seller 115,873.38 00. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller 61. Deposit or earnest money 2,000.00 501. Excess deposit (see instructions) 1202- Principal Amount of new loan(s) 75,000.00 502. Settlement charges to seller (line 1400) 9,758.87 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to f204. 504. Payoff of First Mort Sovereign Bank 71,504.28 205. 505. Payoff of Second Mortgage Loan 206. Seller to Buyer Assist 3,000.00 506. Seller to Buyer Assist 3,000.00 07. 507. 08. 508- 209. 509. Adjustments for Items unpaid by seller Adjustments for items unpaid by seller 10. City/Town tax 510. Cityrrown tax 11. County/City tax 511. County/City tax 12. Assessments 512. Assessments 13. School Tax 513. School Tax 214. 514. 15. 515. 16. 516. 17. 517. 18. 518. 219. 519. 1 220. Total Paid By/For Borrower 80,000.00 520. Total Reduction Amount Due Seller 84,263.15 300. CASH AT SETTLEMENT From/To BORROWER 600. CASH AT SETTLEMENT To/From SELLER 301. Gross Amt. due from borrower (line 120) 119,474.27 601. Gross Amount due Seller (line 420) 115,873.38 302. Less Amt. paid by/for borrower (line 220) 80,000.00 602. Less reduction in Amt-due Seller (line 520) 84,263.15 303. Cash ® FROM ? TO Borrower 39,474.27 603. Cash ® TO ? FROM Seller 31,610.23 Buyer or Borrower's Signature Seller's Signature EXHIBIT Ul a ?? Otizens Bank 1-800-862-6200 Call Citizens' PhoneBank anytime for account information, current rates and answers to your questions. US002 BR291 KOPE AND ASSOCIATES, LLC ESCROW ACCOUNT 1 4660 TRINDLE RD SUITE 201 CAMP HILL PA 17011 Commercial Account Statement 0 OF 2 Beginning November 01, 2006 through November 30, 2006 Commercial Checking SUMMARY KOPE AND ASSOCIATES, LLC ESCROW ACCOUNT 1 Balance Calculation Balance Association Checking w/Interest Previous Balance 31, 612.36 Average Daily Balance 31, 612.36 621397-479-6 Checks .00 - Interest Debits 10.00 - Deposits & Credits .00 + Current Interest Rate .41% Interest Paid 10.65 + Annual Percentage Yield Earned .41% Number of Days Interest Earned 30 Current Balance 31,613.01 = Interest Earned 10.65 Interest Paid this Year 12.78 Previous Balance TRANSACTION DETAILS Debits Other Debits Date Amount Description 11/30 10.00 Monthly Maintenance Fee Interest Date Amount Description 11/30 10.65 Interest Daily Balance Date Balance Date 11/30 31,613.01 Balance Date Balance NEWS FROM CITIZENS --Please note that as of January 8, 2007, the fee for a return deposited or cashed item will be $10 per item. Thank you for banking with us. --Are winter home heating costs giving you the blues? We can help. The Citizens Bank Winterization Loan is an affordable unsecured loan to subsidize any weatherization or energy-efficient home improvement plans you may have in mind. Don't miss this great opportunity; it is only available for a limited time. To apply, stop by your local Citizens branch or call 1-888-304-5400 today. Equal Housing Lender. Certain restrictions apply. Applicants must live in a low or moderate income census tract or have income that is less than 80% of the area median income in the 31,612.36 n Total Debits 10.00 Total Interest Paid 10.65 n Current Balance 31,613.01 EXHIBIT ?? Ci11ti41 aens Bank 1-800-862-6200 Call Citizens' PhoneBank anytime for account information, current rates and answers to your questions. Commercial Checking continued from previous page Commercial Account Statement Beginning November 01, 2006 through November 30, 2006 © OF 2 KOPE AND ASSOCIATES, LLC NEWS FROM CITIZENS (continued) ESCROW ACCOUNT 1 specific geography. Ask a banker for details. Association Checking w/Interest 621397-479-6 Checking Account Balance Worksheet Before competing this worksheet, please be sure to adjust your checkbook register balance by • Adding any interest earned • Subtracting any fees or other charges 1 Your current balance on this statement 2 List deposits which do not appear on this statement Date Amount Date Amount 3 Subtotal by adding 1 and 2 4 List outstanding checks, transfers, or withdrawals that do not appear on this statement Date/ Date/ Check No. Amount Check No. Amount 5 Subtract 4 from 3. This should match your checkbook register balance s Current Balance 0 $ Total of 2 0 $ subtotal of 1 and 2 Q-} Total 4 £ Total Customer Service If you have any ques-iors regarc inq yc ui ai:cour.i or : i oovi; an eror, cal: the nurnber sho r , ii the o•it of y,: .,r -aten et or wlile c, as a* i Iev roq aad:es: Citi2eits Bank Costo.o)er Service Center P.O. Box 42001 Providence, R2 02940-200' Deposit Accounts are Non-Transferable Fart r. de;x t :COUrn;s, ;loch as CDs and s . ac G _..ar^n# be tra, ed tc, annti-,er pe >on ci to a corpbrate entd',r. In Case of Errors or ouestions about your Personal Deposit Electronic Transfers or Loan Statements If •vr"r: thinl; that ,gnu; statemert or receipt is .'rorg, ;,r i? yo., need more information abo a ?ansfer t an,arj rl on vour atcrr•.ent or rer_eipt, real u= a` the nur be: shr)wn cri he r-<sra o; our 'I:ate .rnt or t: us as soon asp ir,le at ce address above. the mus i.r?ar 4a YOU ur 1-ter than of .,y; of r v.. seat Mori he `irst s .,t::mer vh',:h the crrcr ar problem appeared. You ran r_all us. but y mwst A-,o 'drte to us to fu!.lV preserve your r-Ch?s. In your, letter, please give us the following information. • your name and account number; • the dollar amount of the suspected error; and • a desorption of Lhe sumpt;ct.-d error or item in : iestion, in lading an c:?pi.;nation of why you believe there is an error or why you need more information. We will investigate your question and correct any error promptly. If we take more than 10 business days (1o calendar days in MA) to complete coo investigation, we will credit your account for the amount in question so t at you have use of the money during that time. Lour; Ctn`e/77r'n` You d?r not have tc pay any, ae ountir: goeston `ohile we are investigating it. Hov'ever, c. do hare tc pay the parts of your bi'. that are not in gr:e-.t or . i"lhile 'We investigate your jue4a on, r:- Canr:ot re ,ort you as detirgUCnt or take any az:;tion t'h; amo.,nt in qua:;:ion. Finance Charge Calculations for Overdraft Line of Credit Accounts Based on Average Daily Balance Computation Method JVe compute your finance cl, rge by muitio:Ming the Average Daily Balai ce of your account by the Daily Pe:iodio {sate and tier: m tit plvii i the r„ui by the number Of dal''; 'n the hi;hng, cycle. Cate:da r) :? vo:rr Average Poi,; Balance To g?i the a:?: lily .ialance, „ take t`.e y.nniriq Uala e o` account sec 1. clay ;'rvhicl'i does not include any iur:paid f'nan- cha-&e or °rrr5 , add any new Overdraft e e it ( cticns as of the date of `. 1 se transic*i.:_ an'i s !b'.raci any pay merts or credits. This gives us the daily balance. Thon we add 6:i the daily balanr,s f... the h'.lhne :y-le rr: ,they and oivioe to total v the nu on or d,is in the tiibr-r cyd,,, This' ,:iv..- us .he average daily batanoe ;or your ac..:;u t. Change of Address F ease cal: the :iuiraer shc,,,r o`7 the frr.Ct f your statement 'e rl_t f•; Us of a change of addre?. J ThGO your it banking lvith Citizens Burk. MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-2782 STEPHEN DEPPEN, CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on this the 12th day of December, 2006, 1 served a true and correct copy of the foregoing Petition for Injunctive Relief via regular U.S. First Class mail, postage prepaid, addressed as follows: Stephen M. Deppen 801 South Market Street Apartment C Mechanicsburg, PA 17055 (Pro Se) KOPE & ASSOCIATES, LLC Esq. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (Attorney for Defendant) VERIFICATION I, Mary E. Deppen, the plaintiff / petitioner in this matter, have read the foregoing Petition for Injunctive Relief. I verify that my averments in this Petition are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: -?G Y DEC 1S MOV MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-2782 STEPHEN DEPPEN, CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY ORDER AND NOW, this o day of sec _ , 200 upon consideration of the Petition for Injunctive Relief, it is hereby ORDERED and DIRECTED that the proceeds from the sale of the marital home located at 53 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, and which are currently held in escrow at Citizens Bank by plaintiff/ petitioner's attorney, shall remain in said account until the earliest of the following: (1) the Order is modified or dissolved by the court; (2) the Order is modified by a written agreement of the parities with court approval; (3) the entry of judgment of divorce; (4) the action is dismissed; or (5) by further Order of the Court. It is further ORDERED and DIRECTED that defendant / respondent is hereby enjoined and restrained from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parities, including, but not limited to, the assets of defendant / respondent's 401 (K) retirement plan, until the earliest of the following: (1) the Order is modified or dissolved by the court, (2) the Order is modified by a written agreement of the parities with court approval; (3) the entry of judgment of divorce; (4) . l the action is dismissed; or (5) by further Orderof the Court U +? 0 V" d oT f o lv C. CY Pte/ I? z r r o7 pl lfl ? O-jL\? mJl [DEL I ?lCf (S 6??}l°Jf S?a-? 1 C RV THE COURT, b C. wt ? d. ? ??C.c+ O S ?U •?, yr '? lL°1 .ice JS Lam ' LL- - , f z KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAkopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION -LAW IN DIVORCE MOTION FOR ORDER TO COMPEL ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS BY DEFENDANT Plaintiff, Mary Ellen Deppen (hereinafter "Plaintiff') by her undersigned attorney, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Stephen Deppen, (hereinafter "Defendant") to answer Plaintiff's Interrogatories, and in support of said motion states as follows: 1. On December 19, 2006, counsel for Plaintiff served the Defendant directly, as he is not represented by counsel, with Plaintiffs First Set of Interrogatories and Production of Documents addressed to Defendant. 2. It is well past thirty (30) days after service as is required by the Rules of Civil Procedure and the Defendant has not supplied any answers or produced any documentation that has been requested. 3. The Plaintiff cannot obtain a clear picture of the marital assets, specifically any pension and 401(k) information, that will be needed to proceed with a Divorce r Master's Hearing without the Defendant providing the most current and complete information. 4. No Argument is requested on this motion. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to respond fully to Plaintiffs outstanding interrogatories and to produce all requested documents within ten (10) days of the date of said Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019. Respectfully Submitted, KOPE & ASSOCIATES, LLC .,- Shane B. Kope, quire Dated: C Z on Z KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(M-kopelaw.com Attorney for Plaintiff MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-2782 STEPHEN DEPPEN, : CIVIL ACTION -LAW Defendant. : IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 7th day of January, 2007, I served a true and correct copy of the foregoing Motion for Order to Compel Answers to Interrogatories and Requests for Production of Documents via regular U.S. First Class mail, postage prepaid, addressed as follows: Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 KOPE & ASSOCIATES, LLC By: hane B. Kope, q. I.D. 2207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 -'T`1 ,, ? ? t'1 4 ,? P)}?= 1 ''- ?, '"'Z _ ,?_? r ,.- _ ; i ?_1 .?.-?, _ MARY ELLEN DEPPEN, Plaintiff V. STEPHEN DEPPEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2782 CIVIL TERM ORDER OF COURT AND NOW, this 13`h day of February, 2007, upon consideration of Plaintiff's Motion for Order To Compel Answers to Interrogatories and Requests for Production of Documents by Defendant, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, X ? ne B. Kope, Esq. 4660 Trindle Road Suite 201 Camp Hill, PA 17011 Attorney for Plaintiff tAhen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 Defendant, pro S e :rc k VNVA-I kSNN3d ! £ :Oi WV C 1833 LOOZ AdViONO-1•ilrudd 3 13U KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I . D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAkopeIaw.corn MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Mary Ellen Deppen, by and through her attorneys Shane B. Kope, Esquire, and Kope & Associates, LLC and motions this Court to make absolute the Order that it issued in this matter on February 13, 2007, and in support of said Motion states as follows: 1. On December 19, 2006, counsel for Petitioner served the Defendant directly, as he is not represented by counsel, with Plaintiffs First Set of Interrogatories and Request for Production of Documents. 2. When the Defendant did not respond to these Interrogatories or Requests the Petitioner filed a Motion for Order to Compel Answers with this Honorable Court. See attached Motion as Exhibit "A". 3. An Order of Court and Rule was issued by the Honorable J. Wesley Oler, Jr. on February 13, 2007 requesting the Defendant to show cause why he should not be compelled to Answer the Petitioner's Interrogatories and Requests for Documents. See attached Order as Exhibit "B". 4. The Order/Rule was returnable within fourteen (14) days of service. 5. The Order of Court was served on the Defendant on February 20, 2007. See attached letter to Defendant attached as Exhibit "C". 6. It is past the required fourteen (14) days and the Defendant has not answered the Rule to Show Cause. WHEREFORE, Petitioner respectfully requests that this Court make absolute the Rule to Show Cause it issued on February 13, 2007 and grant their Motion for Order to Compel Answers to Interrogatories and Requests for Production of Documents by Defendant. Respectfully Submitted, KOPE & ASSOCIATES, LLC B. Kope, E . Date: 3 ??? ?? CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, of Kope & Associates, LLC, hereby certify that on March 15, 2007, a true and correct copy of the foregoing Motion to Make Rule Absolute was served upon the below-referenced individual at the address listed by way of first class mail, postage pre-paid: Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 KOPE & ASSOCIATES, LLC S e . Kope, Es . 4660 Tnn 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a)-kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff c? > 0 IN THE COURT OF COMMON PLEAS -- :CUMBERLAND COUNTY, PENN!LVA 1 06-2782 ° - NO ' -' . CIVIL ACTION - LAW 1 IN DIVORCE MOTION FOR ORDER TO COMPEL ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS BY DEFENDANT Plaintiff, Mary Ellen Deppen (hereinafter "Plaintiff') by her undersigned attorney, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Stephen Deppen, (hereinafter "Defendant") to answer Plaintiff's Interrogatories, and in support of said motion states as follows: 1. On December 19, 2006, counsel for Plaintiff served the Defendant directly, as he is not represented by counsel, with Plaintiffs First Set of Interrogatories and Production of Documents addressed to Defendant. 2. It is well past thirty (30) days after service as is required by the Rules of Civil Procedure and the Defendant has not supplied any answers or produced any documentation that has been requested. 3. The Plaintiff cannot obtain a clear picture of the marital assets, specifically any pension and 401(k) information, that will be needed to proceed with a Divnrnz EXHIBIT Master's Hearing without the Defendant providing the most current and complete information. 4. No Argument is requested on this motion. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to respond fully to Plaintiff's outstanding interrogatories and to produce all requested documents within ten (10) days of the date of said Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019. Respectfully Submitted, KOPE & ASSOCIATES, LLC .L Shane B. , quire Dated: /c/ Z aj KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I. D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbko a ko elaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2782 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 7th day of January, 2007, I served a true and correct copy of the foregoing Motion for Order to Compel Answers to Interrogatories and Requests for Production of Documents via regular U.S. First Class mail, postage prepaid, addressed as follows: Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 KOPE & ASSOCIATES, LLC 1 By: B. Kope, q. hane I.D. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope _kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, THIS day of , 2007, upon motion of Plaintiff Mary Ellen Deppen, and this Court being otherwise advised of the circumstances, it is hereby ORDERED that Defendant Stephen Deppen, shall answer fully Plaintiff Mary Ellen Deppen's First Set of Interrogatories and Request for Production of Documents within ten (10)days hereof, under penalty of further sanctions. BY THE COURT: J. MARY ELLEN DEPPEN, Plaintiff V. STEPHEN DEPPEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2782 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of February, 2007, upon consideration of Plaintiff's Motion for Order To Compel Answers to Interrogatories and Requests for Production of Documents by Defendant, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, Sh B. Kope, Esq. 4 0 Trindle Road uite 201 Camp Hill, PA 17011 Attorney for Plaintiff Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 Defendant, pro S e :rc TRUE `P-, Fr?1 AA RECORD In TestimoVn o set my h6nd a the s ('-le, Pa. 117 nday J0, ..t ?? , EXHIBIT C1-77 DOPE ASSOCIATES LAW OFFICES LLC February 20, 2007 VIA FIRST CLASS MAIL Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 RE: Deppen v. Deppen No. 06-2782 Dear Mr. Deppen: Enclosed please find a copy of an Order of Court - Rule to Show Cause that was entered in the above referenced matter by the Honorable Judge J. Wesley Oler, Jr. Please be aware that you have until March 6, 2007 to file an answer why you should not be ordered to answer the Interrogatories and Requests for Production of Documents that have previously been submitted to you. If you have any questions please do not hesitate to contact this office. Sincerely, ope & Associates, LLC jje Wehnert Paralegal Enclosure EXHIBIT Smart Representation 466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA i7o11 P 717.761.7474 ¦ F tii- -191 nr" - "---?__._ - - ? ra Q ? ?[ ????M? ? ?. e ?a ?r r- L.... ? ?? iyr_ , ?~?? w ft ? MAR !0 20D7 M? KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I . D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&-kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of (64 2j e_ ? , 2007, upon consideration of the Petitioner's Motion to Make Rule Absolute, and upon Respondents' failure to answer the Rule to Show Cause issued in the above captioned matter, it is hereby ORDERED and DIRECTED that Petitioner's Motion to Make Rule Absolute is GRANTED. Defendant Stephen Deppen, shall answer fully Plaintiff Mary Ellen Deppen's First Set of ?w ent Interrogatories and Request for Production of Documents within tem 1-9) hereof, under penalty of further sanctions. BY THE COURT: Cam" esley 01 4, Jr. J. ' f4t ? r" r: -?54 f 1 1 •01 go 8V4 t?OZ ? 17 C?il?'vi z HI 3,x t1 41'-(- 3- - A KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a-kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE MOTION FOR SANCTIONS PURSUANT TO PA.R.C.P.4019 AND NOW, comes Mary Ellen Deppen, Plaintiff, by and through her undersigned attorney, Shane B. Kope, Esq. who files the following Motion and in support thereof states as follows: 1. On December 19, 2006, counsel for Plaintiff served the Defendant directly, as he is not represented by counsel, with Plaintiff's First Set of Interrogatories and Production of Documents addressed to Defendant. 2. Defendant did not respond to Plaintiffs Interrogatories and Requests for Production of Documents so Plaintiff filed a Motion for Order to Compel Answers on February 8, 2007. See Motion to Compel attached as Exhibit "A". 3. On February 13, 2007, an Order was entered by The Honorable J. Wesley Oler, Jr. issuing a Rule upon the Defendant to show cause why the relief requested should not be granted. The Rule was returnable within fourteen (14) days of service. A copy of Judge Oler's Order is attached hereto as Exhibit "B". 4. On the 20th of February the Rule to Show Cause to the Defendant was served on the Defendant. 5. The Defendant did not respond to the Rule to show Cause and a Motion to Make Rule Absolute was filed by the Plaintiff on March 16, 2007. A copy of the Motion Make Rule Absolute is attached as Exhibit "C". 6. The Honorable J. Wesley Oler, Jr. issued on Order of Court directing the Defendant to answer fully Plaintiff's Interrogatories and Requests for Production of Documents on March 23, 2007. The answers were to be provided within twenty (20) days. See Order of Court attached as Exhibit "D". 7. April 12, 2007 has passed and no responses have been submitted by the Defendant to the Interrogatories or Requests for Production of Documents. 8. Rule 4019(a)(1)(i) of the Pennsylvania Rules of Civil Procedure allows for sanctions when a party fails to provide sufficient answers to written interrogatories. 9. Furthermore, Rule 4019(g)(1) of the Pennsylvania Rules of Civil Procedure also allows for the recovery of reasonable expenses from the party whose conduct necessitated the motion for sanctions. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order of sanctions against Defendant. Furthermore, the Plaintiff requests reimbursement in the amount of $500.00 for costs associated with the filing of this Motion for Sanctions. Respectfully Submitted, RCS SOCIATES, LLC ?- e B. Kope, E; r e Dated: ? ? Zr` Z KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I . D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope0_kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff 0 r1-3 IN THE COURT OF COMMON PLEAS c7j- :CUMBERLAND COUNTY, PENNSYLVAk4A -7) - _, NO. 06-2782 ' I F C? _ J CIVIL ACTION - LAW c, IN DIVORCE MOTION FOR ORDER TO COMPEL ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS BY DEFENDANT Plaintiff, Mary Ellen Deppen (hereinafter "Plaintiff") by her undersigned attorney, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Stephen Deppen, (hereinafter "Defendant") to answer Plaintiff's Interrogatories, and in support of said motion states as follows: 1. On December 19, 2006, counsel for Plaintiff served the Defendant directly, as he is not represented by counsel, with Plaintiffs First Set of Interrogatories and Production of Documents addressed to Defendant. 2. It is well past thirty (30) days after service as is required by the Rules of Civil Procedure and the Defendant has not supplied any answers or produced any documentation that has been requested. 3. The Plaintiff cannot obtain a clear picture of the marital assets, specifically any pension and 401(k) information, that will be needed to proceed with a EXHIBIT a Master's Hearing without the Defendant providing the most current and complete information. 4. No Argument is requested on this motion. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to respond fully to Plaintiff's outstanding interrogatories and to produce all requested documents within ten (10) days of the date of said Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019. Respectfully Submitted, KOPE & ASSOCIATES, LLC .? Shane B. , quire Dated: /c-/' Z ? KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(@-kopelaw.com Attorney for Plaintiff MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-2782 STEPHEN DEPPEN, CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 7th day of January, 2007, I served a true and correct copy of the foregoing Motion for Order to Compel Answers to Interrogatories and Requests for Production of Documents via regular U.S. First Class mail, postage prepaid, addressed as follows: Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 KOPE & ASSOCIATES, LLC By: ?- hane B. Kope, q. I.D. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a-kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. AND NOW, THIS day of Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE ORDER , 2007, upon motion of Plaintiff Mary Ellen Deppen, and this Court being otherwise advised of the circumstances, it is hereby ORDERED that Defendant Stephen Deppen, shall answer fully Plaintiff Mary Ellen Deppen's First Set of Interrogatories and Request for Production of Documents within ten (10)days hereof, under penalty of further sanctions. BY THE COURT: J. MARY ELLEN DEPPEN, Plaintiff V. STEPHEN DEPPEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2782 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of February, 2007, upon consideration of Plaintiff's Motion for Order To Compel Answers to Interrogatories and Requests for Production of Documents by Defendant, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, Xhha B. Kope, E sq. rindle Road 01 Camp Hill, PA 17011 Attorney for Plaintiff Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 Defendant, pro S e :rc i ECO RD Ire Testim set my hand" the s ?} _ale, Pa. 1 lloil- EXHIBIT F c MAR 2 0 4U AMY KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I. D. 92207 4660 Tdndle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(uD-kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. ,.? d a M M 06 rn N .c- we Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 STEPHEN DEPPEN, : CIVIL ACTION - LAW Defendant. : IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Mary Ellen Deppen, by and through her attorneys Shane B. Kope, Esquire, and Kope & Associates, LLC and motions this-"Court to make absolute the Order that it issued in this matter on February 13, 2007, and in support of said Motion states as follows: 1. On December 19, 2006, counsel for Petitioner served the Defendant directly, as he is not represented by counsel, with Plaintiff's First Set of Interrogatories and Request for Production of Documents. 2. When the Defendant did not respond to these Interrogatories or Requests the Petitioner filed a Motion for Order to Compel Answers with this Honorable Court. See attached Motion as Exhibit "A". 3. An Order of Court and Rule was issued by the Honorable J. Wesley Oler, Jr. on February 13, 2007 requesting the Defendant to show cause why he should n EXHIBIT W C compelled to Answer the Petitioner's Interrogatories and Requests for Documents. See attached Order as Exhibit "B". 4. The Order/Rule was returnable within fourteen (14) days of service. 5. The Order of Court was served on the Defendant on February 20, 2007. See attached letter to Defendant attached as Exhibit "C". 6. It is past the required fourteen (14) days and the Defendant has not answered the Rule to Show Cause. WHEREFORE, Petitioner respectfully requests that this Court make absolute the Rule to Show Cause it issued on February 13, 2007 and grant their Motion for Order to Compel Answers to Interrogatories and Requests for Production of Documents by Defendant. Respectfully Submitted, KOPE & ASSOCIATES, LLC 3 B. Kope, E . Date: ??( ?? CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, of Kope & Associates, LLC, hereby certify that on March 15, 2007, a true and correct copy of the foregoing Motion to Make Rule Absolute was served upon the below-referenced individual at the address listed by way of first class mail, postage pre-paid: Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 KOPE & ASSOCIATES, LLC S e . Kope, Es . 4660 Tnn 201 Camp Hill, PA 17011 (717) 761-7573 I . D. 92207 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road; Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(c-kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff C.) - a o -n IN THE COURT OF COMMON P -E-` c? CUMBERLAND COUNTY, PENN tVA?I ? F : 06-2782 NO . CIVIL ACTION - LAW ° c IN DIVORCE MOTION FOR ORDER TO COMPEL ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS BY DEFENDANT Plaintiff, Mary Ellen Deppen (hereinafter "Plaintiff") by her undersigned attorney, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Stephen Deppen, (hereinafter "Defendant") to answer Plaintiffs Interrogatories, and in support of said motion states as follows: 1. On December 19, 2006, counsel for Plaintiff served the Defendant directly, as he is not represented by counsel, with Plaintiff's First Set of Interrogatories and Production of Documents addressed to Defendant. 2. It is well past thirty (30) days after service as is required by the Rules of Civil Procedure and the Defendant has not supplied any answers or produced any documentation that has been requested. 3. The Plaintiff cannot obtain a clear picture of the marital assets, specifically any pension and 401(k) information, that will be needed to proceed with a Divo EXHIBIT A Master's Hearing without the Defendant providing the most current and complete information. 4. No Argument is requested on this motion. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to respond fully to Plaintiffs outstanding interrogatories and to produce all requested documents within ten (10) days of the date of said Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019. Respectfully Submitted, ;TES, LLC Shane B. Kope, quire 12- Dated: /(./T- (n ;z KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I . D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a)-kopelawxom MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 7th day of January, 2007, I served a true and correct copy of the foregoing Motion for Order to Compel Answers to Interrogatories and Requests for Production of Documents via regular U.S. First Class mail, postage prepaid, addressed as follows: Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 KOPE & ASSOCIATES, LLC By: hane B. Kope, q. I.D. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a-kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. AND NOW, THIS day of Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE ORDER , 2007, upon motion of Plaintiff Mary Ellen Deppen, and this Court being otherwise advised of the circumstances, it is hereby ORDERED that Defendant Stephen Deppen, shall answer fully Plaintiff Mary Ellen Deppen's First Set of Interrogatories and Request for Production of Documents within ten (10)days hereof, under penalty of further sanctions. BY THE COURT: J. MARY ELLEN DEPPEN, Plaintiff V. STEPHEN DEPPEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2782 CIVIL TERM ORDER OF COURT AND NOW, this 13`h day of February, 2007, upon consideration of Plaintiffs Motion for Order To Compel Answers to Interrogatories and Requests for Production of Documents by Defendant, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of service. BY THE COURT, Sh . Kope, Esq. 4 0 Trindle Road uite 201 Camp Hill, PA 17011 Attorney for Plaintiff Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 Defendant, pro S e :rc EXHIBIT 0- -9 TRUE 0n" N? RICOR© In Tesfimor?.. `a set my hand K O P E ASSOCIATES LAW OFFICES LLC February 20, 2007 VIA FIRST CLASS MAIL Stephen Deppen 801 South Market Street Apt. C Mechanicsburg, PA 17055 RE: Deppen v. Deppen No. 06-2782 Dear Mr. Deppen: Enclosed please find a copy of an Order of Court - Rule to Show Cause that was entered in the above referenced matter by the Honorable Judge J. Wesley Oler, Jr. Please be aware that you have until March 6, 2007 to file an answer why you should not be ordered to answer the Interrogatories and Requests for Production of Documents that have previously been submitted to you. If you have any questions please do not hesitate to contact this office. Sincerely, ope & Associates, LLC l J 'e Wehnert Paralegal Enclosure Smart apresentat 466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA i7ou EXHIBIT ion KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a_kopelaw.com Attorney for Plaintiff MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE ORDER rd AND NOW, this day of , 2007, upon consideration of the Petitioner's Motion to Make Rule Absolute, and upon Respondents' failure to answer the Rule to Show Cause issued in the above captioned matter, it is hereby ORDERED and DIRECTED that Petitioner's Motion to Make Rule Absolute is GRANTED. Defendant Stephen Deppen, shall answer fully Plaintiff Mary Ellen Deppen's First Set of Tw r-r4 W Interrogatories and Request for Production of Documents within 9j days hereof, under penalty of further sanctions. BY THE COURT: r Aa L-0 J. Wesley 7 r, Jr. ,J. EXHIBIT KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&-kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this 20th day of April, 2007, 1 served a true and correct copy of the foregoing Motion for Sanctions Pursuant to Pa.R.C.P. 4019 via regular U.S. First Class mail, postage prepaid, addressed as follows: Stephen Deppen 801 S. Market Street Apt. C Mechanicsburg, PA 17055 KOPE & ASSOCIATES, LLC By: ane B. Kope, Esq. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 r CD 4 ta? 4 +.?y '. J s? ...5 \a t APR !4 2aD7?,/ KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope0koaelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2782 CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, THIS _j_5 day of rU , 2007, it is hereby ordered that a hearing related to the Plaintiffs Motion for Sanctions Pursuant to Pa.R.C.P. 4019 is scheduled to take place on the day of , 2007. at =001.m. in Courtroom BY THE COURT: i J. G) eCX .s c ? -'ctn ?c a N Cii r i. ? N MARY ELLEN DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 06-2782 CIVIL TERM STEPHEN DEPPEN, Defendant IN DIVORCE IN RE: MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this 4th day of June, 2007, upon consideration of Plaintiff's Motion for Sanctions Pursuant to Pa.R.C.P. 4019, and following a hearing, at which the Plaintiff appeared and was represented by Shane B. Kope, Esquire, and Defendant appeared pro se, the motion is granted to the extent that attorneys fees are awarded to Plaintiff in the amount of $600.00 from Defendant, said fees to be paid within 60 days of today's date. No other relief is granted to the Plaintiff on this motion. By the Court, A?hane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 For Plaintiff ,,K"ephen Deppen 801 C. South Market Street Mechanicsburg, PA 17055 Defendant, pro se :mae WTI 10 Jtit ?1C's' i i ;lt;wc 3iHi JO I w' KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a)-kopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, MARY ELLEN DEPPEN, moves this court to appoint a Master with respect to the following claims: Equitable Distribution of Marital Property and Alimony and in support of her motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. Defendant, Stephen Deppen, is not represented by counsel in this action. 3. The statutory grounds for divorce in this matter are those set forth in section 3301 (C) of the Divorce Code. 4. The action is contested with respect to Plaintiffs claims for equitable distribution of the parties' marital property and alimony. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. WHEREFORE, Plaintiff, Mary Ellen Carey, respectfully requests that the court appoint a master with respect to her claims for Equitable Distribution of Marital Property and Alimony. Respectfully Submitted, KOPE & ASSOCIATES, LLC By Dated: k1l,0 0a-7 CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal, do hereby certify that on this 17th day of August, KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(a-kopelaw.com Attorney for Plaintiff MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLANDCOUNTY, PENNSYLVANIA vs. NO. 06-2782 STEPHEN DEPPEN, CIVIL ACTION - LAW Defendant. IN DIVORCE 2007, 1 served a true and correct copy of the foregoing Motion for Appointment of Master via regular U.S. First Class mail, postage prepaid, addressed as follows: Stephen Deppen 801 S. Market Street Apt. C Mechanicsburg, PA 17055 KOP A ASSOCIATES, LLC By: Juli ehnert, Paralegal 46 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 ='' ?nj M?? o S. KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I. D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAkopelaw.com MARY ELLEN DEPPEN Plaintiff, Vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this C91 day of , 20 0-7, Esquire, is appointed matter with respect to the following claims: Equitable Distribution and Alimony. By the C Wa vll J. y ' - Cl-i ss '?? t ?? ?"1 L I._. MARY ELLEN DEPPEN, Plaintiff V. STEPHEN DEPPEN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 06-2782 CIVIL TERM CIVIL ACTION -LAW DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney of record for Defendant, Stephen Deppen, in the above captioned matter. BY: Jeanne B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 221-0900 PA Supreme Ct. ID No. 68735 Dated: 1 1 //5/ 07 CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by-depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 BY: - eannd B. Costopoulos, Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 221-0900 PA Supreme Ct. ID No. 68735 Dated: t(/lfI©-7 s? ?' ? ? ? ??,?, ? ?: ? ?? .o ? ? £ ?? ? ?? ? JEANNt B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant MARY ELLEN DEPPEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2782 STEPHEN DEPPEN, CIVIL ACTION -LAW Defendant DIVORCE PRETRIAL STATEMENT OF DEFENDANT, STEPHEN DEPPEN AND NOW comes Defendant, Stephen Deppen, by and through his attorney, Jeanne B. Costopoulos, Esquire, and files the following Pretrial Statement: 1. Marital Assets: The parties' only significant assets consist of proceeds held in escrow from the sale of the marital residence in the amount of approximately $31,646.00 (Exhibit A) and the marital portion of Defendant's SERS pension $42,948.00 (Exhibit F). Regarding vehicles, Plaintiff retained the newer minivan and Defendant retained the 1989 Buick Century. 2. Witnesses: Defendant does not intend at this time to call any witnesses other than himself. However, Defendant reserves the right to supplement his witness list with reasonable notice to Plaintiff. 3. Defendant intends to offer the following exhibits into evidence. a. Settlement Statement dated 10/24/2006 regarding sale of marital residence, 53 W. Keller Street, Mechanicsburg, PA 17055 showing proceeds from sale in the amount of $31,610.23. t . b. Citizens Bank statement dated 3/31/2007 showing balance in escrow of $31,646.00. c. Defendant's 2006 W-2 from Commonwealth of Pennsylvania showing gross annual earnings of $38,694.14. d. Defendant's 11/2/07 pay statement showing year-to-date gross earnings of $32,713.85 through pay period ending 10/20/07. e. Expense Statement of Defendant. f. Conrad Siegel letter dated June 20, 2007 containing valuation of Defendant's SERS pension, assuming Defendant retires at age 50. g. List of Marital Assets in Plaintiff's possession. h. Member's First loan payment history January 2005 to present. i. December 12, 2006 Order of Court regarding child and spousal support. 4. Income of Defendant: Defendant's 11/2/07 pay statement, which includes his year to date earnings, is attached as Exhibit D. 5. Expenses of Defendant: An expense statement is attached as Exhibit E. 6. Pension: Plaintiff obtained a valuation of Defendant's SERS pension from Conrad Siegel as of June 20, 2007 which is attached as Exhibit F. Defendant plans to obtain an updated valuation prior to the master's hearing which assumes Defendant's retirement at age 60 rather than age 50. 7. Neither party has made a claim for counsel fees. 8. Tangible personal property: Defendant would like Plaintiff to return various documents belonging to Defendant which are in Plaintiff's possession. I • Otherwise, Defendant does not expect personal property to be at issue at the hearing. However, a list of marital items which remained in Plaintiff's possession after Defendant moved out of the marital residence is attached as Exhibit G. 9. Listing of marital debt: Mortgage was satisfied when house was sold. Unsecured Member's First loan in the amount of $1,373.52 remains outstanding. Since Defendant vacated the marital residence in August of 2005, Defendant has paid $2,908.02 towards the Member's First loan (see attached Exhibit H). Also, miscellaneous utilities from the marital residence remain outstanding, including $69.04 for the water bill, $301.31 to PPL for electric service, and telephone charges. 10. Equitable Distribution: Defendant proposes a 50150 distribution of all marital assets and debts. Defendant further requests that credit be awarded for contributions paid on marital obligations from August 2005 to present. 11. Alimony: Defendant believes Plaintiff's claim for alimony should be denied. The parties were only married for 5 '/z years prior to Plaintiff filing for divorce and Defendant has been paying spousal support to Plaintiff since August of 2005. Plaintiff is capable of self-support. Defendant should not be penalized simply because Plaintiff chooses not to work. Defendant is currently paying Plaintiff child support in the amount of $772.64 per month and spousal support in the amount of $352.65 per month. A copy of the current support order is attached as Exhibit I. I . Respectfully Submitted: Date: ?? ?S1O By: ANNE B. COSTOPOULO -,QUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for Defendant herein, Stephen Deppen, do hereby certify that on this date I served the foregoing Pretrial Statement by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: E. Robert Elicker, II, Esquire . Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 By: JL?WA B. COSTOPOULOS, ES RE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717)'221-0900 Attorney for Defendant Dated: dlvlal E X H I B I T A SETTLEMENT STATEMENT Titlepro for Windows" RIVERSIDE LAND TRANSFERS, L.L.C. 301 Market Street, Suite 100 a TYPE OF LOAN . FHA ? 2. FMHA ® 3. CONV.UNINS. Lemoyne, PA 17043-0109 (717) 441-1555 4. VA ? 5. CONV. INS. 1 ILE NUMBER: 7. LOAN NUMBER 1379595 9149 RT. INS. CASE NO.: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.r were paid outside the closing; they are shown here for infgrmabon purposes and are not included in the totals. J. NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER F. NAME AND ADDRESS OF LENDER Steven A. Carabello Stephen M. Deppen, Mary Ellen L Deppen Taylor Bean 8 Whitaker Mortgage 35 W. Coover St, Apt. 2 Mechanicsburg, PA 17055 53 W. Keller Street 1417 North Magnolia Avenue, Mailstop S Mechanicsburg, PA 17055 Ocala FL 34475.9078 3. PROPERTY LOCATION: H. SETTLEMENT AGENT: Riverside Land Transfers, L.L.C. I. SETTLEMENT DATE: 53 W. Keller Street, Mechanicsburg Oct 24 2006 Tuesday Mechanicsburg Borough PLACE OF SETTLEMENT' 301 Market Sheel, Suite 100 Lemoyne, PA 03:30 PM :?umbedand County. PA 17055 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION I OD. Gross Amount Due From Borrower 400. Gross Amount Due to Seller 101. Contract sales puce 115.000.00 401. Contract sales price 115,000.0 02. Personal Property 402. Personal Property 01 Settlement Charges (fine 1400) 3.600.89 403. 04. 404. 05. 405. Adjustments for items paid in advance by seller(s) Adjustments for items paid in advance by seller(s) 06. Cityfrown tax 406. City/Town tax .. 07. County/Citytax 10/24/06 to 12/31/06 70.95 407. County/Citytax 1012406 to 12/31/06 70.9 08. Assessments 408. Assessments 09. School Tax 10/2406 to 06130/07 723.48 409. School Tax 102406 to 06/30/07 723.48 10. Sewer/Retuse 10124/06 to 12131106 78.95 410. SevardRefuse 1024106 to 12/31/06 78.9 it. 411. 12. 412. 20. Gross Amount Due from Borrower 119,474.27 420. Gross Amount Due to Seller 115,873.3 00. Amounts Paid By Or In Behalf Of Borrower 500- Reductions In Amount Due To Seller 01. Deposit or earnest money 2,000.00 507. Excess deposit (see instructions) 02. Principal Amount of new loan(s) 75,000.00 502. Settlement charges to seller (line 1400) 9,758.87 01 Existing loan(s) taken subject to 503. Existing ban(s) taken subject to 04, 504. Payoff of First Mort Sovereign Bank 71.504.28 05. 505. Payoff of Second Mortgage Loan 36. Seller to Buyer Assist 3,000.00 506. Seller to Buyer Assist 3,000.00 37. 507. 38. 508. ]9. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 10. City/Town tax 510. CityfTown tax 11. County/City tax 511. County/City tax 12. Assessments - 512. Assessments 13. Schooi Tax 513. School Tax 14. 514. 15. 515. 16. 516. 17. 517. 18. 518. 19. 519. :0. Total Paid ByWor Borrower 80,000.00 520. Total Reduction Amount Due Seiler 84,26315 10. CASH AT SETTLEMENT From/TO BORROWER 600. CASH AT SETTLEMENT To/From SELLER It. Gross Amt, due from borrower (fine t20) 119,474.27 601. Gross Amount due Seller (fine 420) 115,873. 12. Less AML paid by/for borrower (line 220) 80,000.00 602 Less reduction in AmLdue Seller (fine 520) 84,263.15 13. Cash ® FROM [] TO Borrower 39,474.27 603. Cash ® TO ? FROM Seller 31,610.23 luyer or Borrower's Signature Se(lefs Signaturr. E X H I B I T B VV Citizens Bank 1=800-862-6200 Call'Gtizens'PhoneBankanome for accountinfonnation, curtest rates and answers to your questions. USO'O-2. BR291 KOPE AWD ASSOCIATES, LL C E'S t R'OW 'A C C>O U,N T 1 4660 TRINDLE R<D 'SUITE 2i01 CAMP HILL PA 17011 Commercial Checking s u A'A A R Y KOPE AND ASSOCIATES, LLC Balance Calculation Previous Balance Checks Debits Deposits $ Credits Interest Paid Current Balance ESCROW ACCOUNT 1 Association Checking w/Interest 31,634.98 .41% .41% 31 11.02 31.:98 Balance 31,634.98 Average Daily Balance .00 - Interest .00 - .00 + Current Interest Rate 11.02 + Annual Percentage Yield Earned 31,646.00 = Number of Days Interest Earned Interest Earned Interest Paid this Year Previous Balance TRANSACTION DETAILS 31,634.98 Interest Date Amount Description 03/30 11.02 Interest l . Daily Balance Date Balance Date Balance Date Balance 03/30 31,646.00 NEWS FROM CITIZENS --Starting May 1, 2007 your statement will detail your ATM and Debit Card transactions made outside of the United States as two separate items: the purchase or withdrawal amount and the Foreign Currency Fee amount. The Foreign Currency fee amount consists of a 1% Foreign Currency Fee and any related network fees that may apply. --A small business can run into many unexpected surprises, needs, as well as opportunities. Citizens Bank can help your business be prepared with either a business loan or business line of credit. When you borrow money for your business from Citizens Bank, you work with the 91 SBA lender in New England and Pennsylvania. You'll save time and money with our streamlined application process and specially-designed business loans. To learn more about our business loans, lines of credit and other valuable services, visit your nearest branch, go to citizensbank.com or call 1-800-4BUSINESS. --FAST AND FREE! Your Citizens Bank business checking account can speed up availability of funds. Receive next day settlement of funds from credit card transactions when you choose Citizens Merchant Services as your payment processor. Sign up for a new merchant services account by April 13th and there is no application fee and you'll also receive six months' free rental of an industry-leading VeriFone terminal (choose an Omni 3730 or 3730 LE). Call 1-800-4USINESS or stop by your local Citizens branch for details. MembeYrDIC Equal Housing Lender Tota Interest Paid 11.02 Current Balance 31,646.00 VC Citizens Bank Checking Account Balance Worksheet Before completing this worksheet; please be sure to adjust your checkbook register balance by • Adding any interest earned • Subtracting any fees or other charges 1 Your current balance on this statement 2 List deposits which do not appear on this statement Date Amount Date Amount customer Service If you have any questions regarding your accountor discover an error, call the number shown on the front of your statement orwrile to Us at'the, following address: CfNz6ns Bank Customer'Service Center P_ 0. Box 42001 Providence, R1.02940-2001 Deposit Accounts orb Non-Transferable Personal deposit accounts, such as CDs--and savings accounts, cannot be transferred to another: poison onto a corporate entity. In Case 'of Errors or t]uesdons about-your Personal Deposit Electronic Transfers or LDan.Statements Electronic Transfers or Loin Statements If you think that your statement or receiptis wrong, ofif-you need : more information about atransfer/transaction on yourstatement or receipt, call us at the number shown on the front of your statement or wrtle us as soon as possible at the address above. We must hear from you no later than 60 days after we sent you the first statementon which ----tbB;P,ItgLOr 61ro-Glfl? aPiJ?SCt1tl._YS?.ulLYi.-bVl y9ir_viuSLaiso writola'us-in Billy .:---... preserve your rights. $ Current Balance Oa Totatof:2 Subtotal by adding 1 and 2 O $ 3 Submal.1 l and 2 4 List outstanding checks, transfers, or withdrawals that do not appear on this statement Date/ Date/ Check No. Amount Check No. At 'Electronic Transfers We will investigate your question and correct any error promptly. 0(0 than 10 business days (10 calendar dayslin MA) to complete$u- yW •• will credit your account for the amount in"question -so-that youubave use of the money during that time. In your letter, please give us the following information: • your name and account number; • the dollar amount of the suspected error; and • a description of the suspected error or item In question, including an explanation of why you believe there is an error or why:you need more information. Loan Statements ,nt You do not have to pay any amount In question while we are investigating it. However, you do have to pay,the-parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent ortakit any action to collect the amount: in question. Finance Charge Calculations for :Overdraft Line of Credit Accounts Based on Average Daily Balance Computation'Mothod Calculating. your Finance Charge We compute your finance charge.by multiplying the Average Daily. Balance of your account by the Daily Periodic Rate and then multiplying the result by the number of days in the billing cycle. Calculating your Average Daily Balance To get the average dairy balance, we take the beginning balance of your account each day (which does not include any unpaid finance charges or fees), add; any new. Overdraft Line of Credit transactions as of the dale of those transactions, and subtract any pay- ments or credits. This gives us the daily balance. Then we add all the daily balances for the billing cycle together and divide the total by the number of days In the bitting cycle. This gives us the average dairy balance for your account. ------ --- Change of Address -- ------ -- Total 014 Please call the number shown on the front of your statement to notify us of a change of J Subtotal 4 from 3. This should match your address. O'g checkbook register balance. Tolai Thank you for banking with Citizens Bank. Member FDIC 12t Equal Housing Lender E X H I B I T C Q0516432 36293.02 2030.07 _ 38694.14 _ _ 2399.04 38694.14 561.07 Commonwealth of Pennsylvania Exec Off - Bur of Comm Pay Op Harrisburg PA 17105 _23-2172299 -----?:. 20-0_8579 ---«?___ Stephen M Deppen 53 W. Keller St Mechanicsburg PA 17055 - - - " :' PA 13567078 38694.14 1187.90 38694.14 657.78 Mechanicsburg E X H I B I T D L.ommonweann or rennsywania. 013163 EMPLOYEE', PAY STATEMENT Personnel No. 00516432 Corrections Period Ending 10/20/2007 Pay Date 1110212007 Stephen M Deppen Organizational Unit Name: CR SCI Camp Hill CDC Code: 0008888 801C S Market St B/U: H1 Group: 35 Level: EA Mechanicsburg, PA 17055 FWT Marital Status: M No. Exemptions/ Allowances: 03 GROSS EARNINGS YEAR TO DATE 32,713.85 EARNINGS HOURS RATE AMOUNI NET PAY THIS PAY Normal working hours 72.00 17.79 1,280.8£ MEMBERS 1ST FCU 563.58 Walk Time - 1.5 1.46 26.69 38.9-, Shift Diff Pay-1 1/2 Prem 1.46 1.50 2.2, Holiday/Comp lieu Holiday 8.00 17.79 142.3: TOTAL NET 563.58 DEDUCTIONS THIS PAY YTD Federal Withholding Tax 6918 1,601.30 TX EE Social Security Tax 89.91 2,010.12 TX EE Medicare Tax 21.03 470.11 State Withholding-Pennsylvania 44.52 995.32 Local Wage Tax-Lower Allen Township 21.03 259.12 TX EE Unemployment Tax 1 32 29.44 Garnish: Alimony/Support 526.62 11,585.64 PSCOA - Union Dues 21.35 459.62 State Emp Ret 91.52 2,016.49 EE PreTx M/H Pct 14.23 292.60 TOTAL DEDUCTIONS 900.81 19,719.76 REIMBURSEMENTS THIS PAY YTD TOTAL REIMBURSEMENTS TOTAL EARNINGS 1,464.39 EMPLOYER PAID BENEFITS THIS PAY SERVICE CREDIT 06 YR 16 PP TX ER Social Security Tax 89 91 SENIORITY INFORMATION . Bargaining Unit Days: PSCOA AGREEMENT 1719.00 TX ER Medicare Tax 21.03 ER Basic Life 4.67 State Em Ret p 74.83 ni'niui(dil: i J?eu -iGaNiibi - 240.00 ABSENCE.AC-TIM-ITIM ---" - ---.. COMBINED SICK - PFRSnNA ER Workers Comp Benefit 42.21 Quota Last Stmnt 5.20 229.17 PR Blue Cross PPO 330.00 Accrual This PP 6.16 2.46 Absence Reported This PP 0.00 0.00 * Adjustment 0.00 0.00 0.00 ?o Quota This Stmnt 11.36 231.63 o TOTAL BENEFITS 802.65 ACCRUAL RATE: COMBINED 7.70 % SICK 3.08% FWT Taxable Gross: 1,358.64 * Contact your local Human Resources Office if you have any questions regarding the content and distribution of your Employee Pay Statement E X H I B I T E DEFENDANT'S AVERAGE MONTHLY EXPENSES Monthly Yearly Home - Rent $325.00 Utilities Electric - PP&L $185.00 Telephone - Verizon $ 40.00 Water - United $ 40:00 Cable - Direct TV $ 35.00 Internet - Verizon $ 30.00 Insurance Renter's - State Farm $10.00 Automobile - State Farm $50.00 Automobile Payment - Citizens Bank $100.00 Fcul - Sheetz $100.00 Repairs - - A&B Auto $ 25.00 Medical Doctor - Bowmansdale $ 50.00 Dentist- Lehart/Ballowski $ 35.00 Children medical expenses $500.00 Personal Clothing --- Walmart $200.00 Food $300.00 Credit Cards Mastercard - Capital One $ 30.00 Mastercard - Citi $ 70.00 Loans Members 1st $108.00 American General $400.00 Miscellaneous Newspaper - Patriot News $ 7.00 I.egal Fees $1,500.00 Spousal Support/APL $353.00 Child support $773.00 Support arrears $ 45.00 Pets - food, vet, etc. $ 300.00 TOTAL AVERAGE EXPENSES: $3,026.00 $2,900.00 AVERAGE TOTAL EXPENSES PER MONTH: $3,268.00 E X H I B I T F Conrad Siegel A C T U A R I E S The Employee Benefits Company Conrad M. Siegel, F.S.A. 501 Corporate Circle • P.O. Box 5900 • Harrisburg, PA 17110-0900 Phone (717) 652-5633 Fax (717) 540-9106 www.conradsiegel.com Harry M. Leister, Jr., F.S.A. June 20, 2007 Clyde E. Gingrich, F.S.A. Robert J. Dolan, A.S.A. Julie Wehnert, Paralegal David F. Stirling, A.S.A. Kope & Associates Robert J. Mrazik, F.S.A. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 David H. Killick, F.S.A. Jef rey5. Myers, F.S.A. Re: Deppen v. Deppen Thomas L. Zimmerman, F.S.A. Dear Ms. Wehnert: Glenn A. Hafer, F.S.A. You provided us with the following information concerning Stephen M. Deppen: Kevin A. Erb, F.S.A. Frank S. Rhodes, F.S.A., A.C.A.S. 1. Date of birth - April 17, 1963. Holly A. Ross, F.S.A. 2. Date married - September 4, 1999. Janet M. Leymeister, CEBS 3. Date separated - February 2005 (we assumed February 15, 2005). Mark A. Bonsall, F.S.A. John W. Jeffrey, F.S.A. 4. Information provided by the State Employees' Retirement System as follows: Denise M. Polin, F.S.A. Thomas W. Reese, A.S.A. a. Years of service - 5.92 (Class AA-50) as of December 31, 2006. Jonathan D. Cramer, F.S.A. b. Accumulated contributions plus interest - $12,812 as of December 31, John D. Vargo, RSA 2006. Robert M. Glus, A.S.A. c. Final average sal ary - $35 2006 695 as of December 31 , , . Bruce A. Senft, CEBS Currently, Mr. Deppen is 44 years of age (age nearest birthday). Laura V. Hess, A.S.A. Vicki L. Delligatti The State Employees' Retirement System is a defined benefit pension plan. The figure that is marital property for divorce purposes for a defined benefit pension Lesley A. Bausch-Ward, A.S.A. plan is the present value of the pension earned during the marriage. Timothy J. Patota, E.A. The pension benefit provided upon retirement is based upon the final three-year J. Scott Gehman, CEBS average salary and the years of service. The normal retirement age for William J. Shipley, A.S.A. Mr. Deppen is age 50. The following table shows the pension benefit earned as of December 31, 2006, the present value of the pension for retirement at age 50, the "coverture fraction," and the present value of the pension earned during the marriage: Conrad Siegel A C T U A R I E S Julie Wehnert, Paralegal June 20, 2007 Page 2 Pension Present Value Coverture Retirement Benefit Pension Benefit Fraction Age 50 Maximum single life $61,637 0.682 annuity of $440 Refund of contributions $62,974 0.682 plus interest & maximum single life annuity of $362 Present Value Pension Earned During Marriage $42,036 $42,948 Since the pension benefit takes into account 1.88 years of service after the date of separation, it is necessary to multiply the present value of the pension benefit by a "coverture fraction" in order to determine the present value of the pension earned during the marriage. The numerator of the coverture fraction is 4.04 (the years of service as of the date of separation) and the denominator is 5.92 (the years of service as of December 31, 2006). Thus, the coverture fraction is 0.682 (4.04 divided by 5.92). The present value calculations are based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations except that mortality was not taken into account prior to the commencement of the pension. The interest rate is 5.14% per year for 20 years followed by 4.81% per year. The mortality is in accordance with the 1994 Group Annuity Basic Mortality Table for males with Projection Scale AA to 2017. In our opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations are appropriate for the purpose of determining the present values. With best regards, Yours sincerely, Harry . Leister, Jr., .A. Consulting Actuary Jonathan D. Cramer, F.S.A. Consulting Actuary HML:JDC:kad E X H I B I T G FURNISHINGS AND PERSONAL PROPERTY IN PLAINTIFF'S POSSESSION WHEN DEFENDANT VACATED MARITAL RESIDENCE Washer Dryer Refrigerator Dishwasher Stove Marble Coffee Table Grandma Love Seat Recliner CD's DVD's Wall Hangings Pictures Photographs End Table (2) TV's Dining Table & Chairs Computer Monitor Printer VCR DVD Player Video Game Console & Games Couch Love Seat Computer Stand Exercise Machine Queen Size Bed 2 Night Stands Washer & Dryer 3 Dressers 2 Single Beds Christmas Decorations Halloween Decorations Lawn Mower Shovel Rake Edger Tools Camping Equipment 2 Tents Lawn Furniture Swing Set Camera Video Camera Appliances Dishes All clothing articles for the children E X H I B I T H Account Detail rage j of Account: LO1 - UNSECURED Type: Any type of transaction Date Description Payment Interest Fee Balance Balance Change 09/21/2007 Check Received 1.00 Check $107.89 $11.79 $5.39 ($90.71) $1,373.52 Received 5.99 08/24/2007 From Share 11 $107.89 $12.52 $5.39 ($89.98) $1,464.23 07/27/2007 From Share 00 $107.89 $20.02 $5.39 ($82.48) $1,554.21 07/27/2007 REVERSE NSF CHECK PMT $16.01 $5.39 $86.49 $1,636.69 07/18/2007 Check Received 310.00 $107.89 $16.01 $5.39 ($86.49) $1,550.20 06/14/2007 Check Received 581.67 Check $107.89 $13.40 $5.39 ($89.10) $1,636.69 Received 0.68 05/18/2007 From Share 00 $107.35 $22.33 $5.39 ($79.63) $1,725.79 04/05/2007 From Share 00 $107.89 $4.94 ($102.95) $1,805.42 03/27/2007 From DEPPEN,STEPHEN M $7.00 $2.20 ($4.80) $1 908.37 0000294025 Share 00 , 03/23/2007 $61.65 $23.37 ($38.28) $1,913.17 03/22/2007 $5.60 $.21 $5.39 $0.00 $1,951.45 02/09/2007 From Share 00 $142.07 $8.40 ($133.67) $1,951.45 01/26/2007 From Share 00 $107.80 $41.37 $5.39 ($61.04) $2,085.12 11/20/2006 From Share 00 $107.98 $3.88 ($104.10) $2,146.16 11/14/2006 Check Received 15.72 Check $5.78 $5.18 ($0.60) $2,250.26 Received 5.00 11/06/2006 From Share 00 $159.00 $4.15 ($154.85) $2,250.86 10/31/2006 From Share 00 $31.00 $18.09 ($12.91) $2,405.71 10/20/2006 From Share 00 $20.00 $14.61 $5.39 $0.00 $2,418.62 09/14/2006 Check Received 200.00 $107.89 $26.55 $5.39 ($75.95) $2,418.62 08/08/2006 From Share 00 $107.67 $40.53 ($67.14) $2,494.57 06/14/2006 $216.00 $22.94 $5.39 ($187.67) $2,561.71 05/16/2006 $107.89 $29.23 $5.39 ($73.27) $2,749.38 04/10/2006 Check Received 498.42 $107.89 $27.56 ($80.33) $2,822.65 03/08/2006 Check Received 819.70 $215.78 $35.42 $5.39 ($174.97) $2,902.98 01/27/2006 Check Received 557.61 $107.89 $37.97 $5.39 ($64.53) $3,077.95 12/16/2005 Check Received 493.54 $107.89 $25.93 $5.39 ($76.57) $3,142.48 11/18/2005 Check Received 495.85 $107.89 $26.54 $5.39 ($75.96) $3,219.05 10/21/2005 Check Received 623.63 $107.89 $40.56 $5.39 ($61.94) $3,295.01 09/09/2005 Check Received 629.60 $107.89 $27.69 ($80.20) $3,356.95 08/12/2005 Check Received 1,419.30 $102.97 $11.17 ($91.80) $3,437.15 08/01/2005 From DEPPEN,MARYELLEN $108.00 $58.23 $5.39 ($44.38) $3 528.95 0000200541 Share 01 , 07/01/2005 From DEPPEN,MARYELLEN $4.48 $4.48 $0.00 $3 573.33 0000200541 Share Ol , 06/01/2005 From DEPPEN,MARYELLEN $108.00 $32.54 ($75.46) $3 573.33 0000200541 Share 01 , 05/01/2005 From DEPPEN,MARYELLEN $108.00 $32.14 ($75.86) $3 648.79 0000200541 Share 01 , 04/01/2005 From DEPPEN,MARYELLEN 0000200541 Share 01 $108.00 $32.79 ($75.21) $3,724.65 03/30/2005 (03/02/2005) $103.56 $28.21 ($75.35) $3,799.86 03/01/2005 From DEPPEN,MARYELLEN $4.11 $4 11 $0.00 $3 875 21 0000200541 Share 01 . , . https:llmlonline.memberslst.org/OnlineBankinglAccountSummarylAccountDetail.px 11/13/2007 Account Detail 02/01/2005 From DEPPEN,MARYELLEN 0000200541 Share 01 01/01/2005 From DEPPEN,MARYELLEN 0000200541 Share 01 $108.00 $35.21 $108.00 $10.47 ($72.79) $3,875.21 ($97.53) $3,948.00 rage/- eiZ, https://mlonline.memberslst.org/0nlineBankinglAccountSummary/AccountDetail.px 11/13/2007 E X H I B I T In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARYELLEN L. DEPPEN ) Order Number 539 S 2005 Plaintiff ) VS. ) PACSES Case Number 972107472 STEVE M. DEPPEN ) Docket Number 00539 S 2005 Defendant ) Other State ID Number ORDER OF COURT Q Final ® Interim O Modified AND NOW, 12TH DAY OF DECEMBER, 2006 based upon the Court's determination that the Payee's monthly net income is $ 4 6 7.0 0 and the Payor's monthly net income is $ 2, 415.13 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit ONE THOUSAND ONE HUNDRED SEVENTY-ONE AND XX/100 Dollars ($1,171.00 ) a month payable MONTHLY as follows: first payment due IN ACCORDANCE WITH THE DEFENDANT'S CURRENT PAY SCHEDULE. The effective date of the order is 11/14/06 . Arrears set at $ 753.24 as of DECEMBER 12, 2006 are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name ASHTON J. DEPPEN MARYELLEN L. DEPPEN ALEXANDER M. DEPPEN Service Type M Birth Date 05/03/03 05/08/73 05/05/98 Form OE-518 Worker ID 21101 PACSES Case Number: 972107472 per month payable MONTHLY ; $ 1,126.00 for current support and $ 4 5.0 0 for arrears. The defendant must also pay fees/costs as indicated below. This order is allocated and monies are to be applied as DEPPEN V. DEPPEN The defendant owes a total of $ 1, 171.0 0 follows: Frequency Codes: Payment Amount/ $ 386.50 /M $ 353.00 /M $386.50 /M $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / $ 0.00 / Q = Quarterly 1 =One Time B =BiWeekly 2 =Bi-Monthly M =Monthly 5 =Semi-Annually S =Semi-Monthly A =Annually W =Weekly Debt In e Description Beneficiary_ CHILD SPT ALLOC ASHTON J. DEPPEN SPOUSAL SUPPORT MARYELLEN L. DEPPEN CHILD SPT ALLOC ALEXANDER M. DEPPEN Said money to be turned over by the Pa SCDU to: MARYELLEN L. DEPPEN . Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and mailed to: Pa SCDU P.O. Box 69110 Harrisburg, Pa 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Page 2 of 4 Form OE-518 Service Type M Worker ID 21101 , 4 , DEPPEN V. DEPPEN PACSES Case Number: 972107472 Unreimbursed medical expenses that exceed $250.00 annually per child and/or spouse are to be paid as follows: 84 % by defendant and 16 % by plaintiff. The plaintiff is responsible to pay the first $250.00 annually (per child and/or spouse) in unreimbursed medical expenses. ® Defendant 0 Plaintiff 0 Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the OPlaintiff 0 Defendant shall submit to the person having custody of the child(ren) written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of : 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. Other Conditions: Defendant shall pay the following fees: Fee Tot Fee Description $ 0.00 for =ICIAL COMPUTER FEE $ 0.00 for COURT COSTS $ 0.00 for $ 0.00 for $ 0.00 for Service Type M P Payable at $ 0 . 00 per MONTH Payable at $ 0 . 0 0 per MONTH Payable at $ 0 . o o per Payable at $ 0.00 per Payable at $ 0.0 0 per Page 3 of 4 Form OE-518 Worker ID 21101 k . DEPPEN V. DEPPEN PACSES Case Number: 972107472 IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAYBE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED that, upon payor's failure to comply with this order, payor may be arrested and brought before the Court for a Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Order will be increased without further hearing by o % a month until all arrearages are paid in full. Payor is responsible for court costs and fees. Copies delivered to parties I -A I I S ) C)& Date Consented: Plaintiff Plaintiff's Attorney Defendant Defendant's Attorney BY THE COURT: DRO: Todd Moul cc: plaintiff and defendant cc: Shane Kope, Esq. es-Ley e Judge '7 Page 4 of 4 Form OE-518 Service Type M Worker ID 21101 I PACSES Case Number: 972107472 Docket Number: 00539 S 2005 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. DECEMBER 12, 2006 SUMMARY OF TRIER OF FACT In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION Plaintiff Information Defendant Information MARYELLEN L. DEPPEN STEVE M. DEPPEN Address: 53 W KELLER ST MECHANICSBURG PA 17055-6338 Employer: Attorney: SHANE B. KOPE, ESQ. Address: APT C 801 S MARKET ST MECHANICSBURG PA 17055-4747 Employer: BUREAU OF COMMONWEALTH C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 Attorney: ? Complaint for Support ® Petition for Modification Filed 11 / 14 / 06 ? Other Reason for Conference: DEFT FILED PETITION Tn RFT)TTCF. Dependent(s) ASHTON J. DEPPEN 05/03/03 207-80-8834 ALEXANDER M. DEPPEN 05/05/98 Current Order: $1,306.00 / per month 170-78-1196 Form CM-022 v1 Service Type M Worker ID 21101 DEPPEN V. DEPPEN PACSES Case Number: 972107472 Plaintiff Information Current Income: Defendant Information $467.00/MO GROSS $467.00/MO NET Tax Return: HEAD OF HOUSEHOLD WITH 3 EXEMPTIONS Medical Coverage: N/A Child Care/Tuition: N/A Additional Obligations: N/A Other Information: $3388.36/MO GROSS AVERAGE $2415.13/MO NET AVERAGE SINGLE WITH ONE EXEMPTION PROVIDED THROUGH EMPLOYER AT NO COST N/A N/A 1. PLTF IS CURRENTLY RECEIVING SOCIAL SECURITY DISABILITY IN THE AMOUNT OF $467.00 PER MONTH. THE CHILD, ALEX, ALSO RECEIVES $81.00 PER MONTH IN SOCIAL SECURITY. 2. DEFT'S INCOME WAS DETERMINED USING PAY STUBS PROVIDED BY HIM. AN AVERAGE OF HIS YEAR TO DATE GROSS WAS USED. DEFT PAYS UNION DUES OF APPROXIMATELY $20.00 BI-WEEKLY AND MANDATORY RETIREMENT CONTRIBUTION OF APPROXIMATELY $90.00 BI-WEEKLY. 3. THERE IS NO CHILD CARE EXPENSE AS THE PLTF IS CURRENTLY NOT EMPLOYED. Page 2 of 3 Form CM-022 v1 Service Type M Worker ID 21101 +• V. DEPPEN PACSES Case Number: 972107472 DEPPEN Other Information (continued): Facts Agreed Upon: Facts in Dispute and Contentions with Respect to Facts in Dispute: Guideline Amount: $1,126.00 / MONTH DRS Recommended Amount: $1,126. 00 /MONTH DRS Recommended Order Effective Date: 11/14/016 Parties to be Covered by Recommended Order Amount: SPOUSE AND TWO CHILDREN Guideline Deviation: Q YES or ® NO Reason for Deviation: Submitted by: TODD A. MOUL Date Prepared: DECEMBER 12, 2006 Page 3 of 3 Form CM-022 v 1 Service Type M Worker ID 21101 4 ) In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name: MARYELLEN L. DEPPEN Defendant Name: STEVE M. DEPPEN Docket Number: 00539 S 2005 PACSES Case Number: 972107472 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Support Guideline Calculation CHILD SUPPORT Defendant Plaintiff 1. Number of Dependents in this Case 2. Total Gross Monthly Income 3. Less Monthly Deductions 4. Monthly Net Income 5. Combined Total Monthly Net Income 6. Plus Monthly Social Security Benefit for Child/Children 7. Adjusted Monthly Net Income 8. Basic Child Support Obligation 9. Basic Child Support Less Monthly Social Security Benefit for Child/Children 10 . Net Income as Percentage of Combined Amount 11 . Each Parent's Monthly Share of the Basic Child Support Obligation 12 . Adjustment for Shared Custody 13. Adjustment for Child Care Expenses 14. Adjustment for Health Insurance Premiums 15. Adjustment for Unreimbursed Medical Expenses 16. Adjustment for Additional Expenses 17. Total Obligation with Adjustments 18. Less Split Custody Counterclaim 19. Obligor's Support Obligation Service Type m 00 02 $ 3,388.36 $ 467.00 $ 973.23 $ 0.00 $ 2,415.13 $ 467.00 $ 2,882.13 $ 81.00 $ 2,963.13 $ 1,003.00 $ 922.00 83.80 $ 772.64 16.20 % $ 149.36 $ $ 772.64 $ 0.00 $ 772.64 Form OE-019 Worker ID 21101 DEPPEN V. DEPPEN PACSES Case Number: 972107472 Summary Date: DECEMBER 12, 2006 Monthly obligation amount selected: $ 1,12 5. 2 9 Payment frequency: MONTHLY Obligation amount: $1,125.29 Deviation reason: 1. 2. 3. 4. 5. Service Type M Page 2 of 2 Form OE-019 Worker ID 21101 • 4 0 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name: MARYELLEN L. DEPPEN Defendant Name: STEVE M. DEPPEN Docket Number: 00539 s 2005 PACSES Case Number: 972107472 Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Spousal Support Guideline Calculation with Dependent Children 1. Obligor's Monthly Net Income 2. Less All Other Support 3. Less Obligee's Monthly Net Income 4. Difference 5. Less Child Obligation for Current Action 6. Income Available for Spousal 7. Multiply by 30% 8. Amount of Basic Spousal Support 9. Adjustment for Mortgage 10.Tota1 Monthly Spousal Support $ 2,415.13 $ 0.00 $ 467.00 $ 1,948.13 $ 772.64 $ 1,175.49 30%- $ 352.65 $ 0.00 $ 352.65 Spousal Support Guideline Calculation without Dependent Children 1. Obligor's Monthly Net Income 2. Less All Other Support 3. Less Obligee's Monthly Net Income 4. Difference $ S 5. Multiply by 40% 6. Amount of Basic Spousal Support 7. Adjustment for Other Expenses 8. Total Monthly Spousal Support Service Type m 40% $ $ $ Form OE-523 Worker ID 21101 • . S 4 DEPPEN V. DEPPEN PACSES Case Number: 972107472 Summary Date: DECEMBER 12, 2006 Monthly obligation amount selected : $ 1, 12 5.2 9 Payment frequency: MONTHLY Obligation amount: $ 1,125.29 Deviation reason: 1. 2. 3. 4. 5. Page 2 of 2 Form OE-523 Service Type M Worker ID 21101 SJI ? i` _I •' "K7 t^S ? `s i X? R Si °' LT1 35 C 10/29/2009 10:42 717-761-7572 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 sbkooeftonelaw.com KOPE & ASSOCATES Attorney for Plaintiff PAGE 02/05 MARY ELLEN DEPPEN IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-2782 STEPHEN DEPPEN, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 16, 2006. 2. The Complaint was served when Defendant signed an Acceptance of Service on May 18, 2006, which was filed on May 24, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 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 unworn falsification to authorities. lam -afl Date . OF T 2009 NOV -6 PH 1: 14 0 10/29/2009 10:42 717-761-7572 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I_ D. 92207 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 sbkooeOkopellaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. KOPE & ASSOCATES Attorney for Plaintiff PAGE 04/05 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 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 in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Ma 11 eppen q'i BLED-OFiCE ?;F ?iE" F'; ? ,?,; , tRY 2009 NOV -6 PM 1: 14. 10/29/2009 10:42 717-761-7572 KOPE & ASSOCATES PAGE 03/05 0 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. 1.0- 92207 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 sbkooQdkopelaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 16, 2006. 2. The Complaint was served when Defendant signed an Acceptance of Service on May 18, 2006, which was filed on May 24, 2006. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 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 0? o? Ste hen Dep en F LED OF THE 0, -1 APY 2009 NOV -6 Fri ! *. 14 , G',: ? 10/29/2001? 11?:e2 717-761-7572 KOPE & ASSOCATES PAGE 05/05 KOPE S ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. I.D. 92207 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 sbkoRg@kopolaw.com MARY ELLEN DEPPEN Plaintiff, vs. STEPHEN DEPPEN, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2782 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE4UEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Z ? -? Date: 10 'TAPY 2009140V -6 PM 1: 14 MARY ELLEN DEPPEN, Plaintiff VS. STEPHEN DEPPEN, Defendant AND NOW, this THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2782 CIVIL IN DIVORCE ORDER OF COURT day of 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated October 29, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: VS"hane B. Kope Attorney for Plaintiff ,,ee'anne B. Costopoulos Attorney for Defendant 4 BY THE T, C",1, Edgar B. Bayley, P.J. ?py 2039 h''3 V -9 i i i " • 31 () A W 6UW Do Pc 11) VS. ST?P?? 0?'P PEn1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION . NO._? - ?7 CIVIL TERM PRAECIPE TO TRANSNUT 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) (Strike out inapplicable section) 2. Date and manner of service of the complaint: n/-4up-, T? aw Std V c ?' `S16-OrO D o r OK/ MAY If, vto 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff ohq j(4 by defendant /p???j I[7q 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: 4. Related claims pending: I -&W 25 fc M4\6 T*- `Q-AL f9'1k10 IA6ai;' c)oi emcor 5. Complete either (a) or (b) pL)? k?6cs dat,Y &7'i Kvi- ince e1D 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 of plaintiff's Waiv of Notice in 3301 (c) Divorce was filed with the Prothonotary: I I T(P f a Ogg Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: A LED-4,) -'r 1',(;F- OF THE aft,6- -"?NNOTARY 2009 NOY 23 PM I : 51 CUM, IN THE COURT OF COMMON PLEAS OF MARY ELLEN DEPPEN CUMBERLAND COUNTY, PENNSYLVANIA . V. STEPHEN DEPPEN DIVORCE DECREE AND NOW, r . c1 off, it is ordered and decreed that MARY ELLEN DEPPEN plaintiff, and STEPHEN DEPPEN , defendant, are divorced from the bonds of matrimony. 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 NO. 06-2782 By the Court, /-? " /V e* 1 - 10 '©,F MARYELLEN STEPHEN M. MARYELLEr ~~ STEPHEN M. DEPPEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 972107472 DOCKET NO. 539 SUPPORT 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. DOCKET NO. 06-2782 CIVIL TERM INDEX OF EXHIBITS Defendant's Exhibit ~To. 1 -Pay statement ,.~, _; Defendant's Exhibit ~10.2 -Marital Settlement Agreement ~~ ~_`'~ ~.~ ~?~~, c.-- -~;-;-~ r-- ' ~,= - -~ ;-: _ ~} --: . , _ .~ -~. i.,, "~w i ~~ !. ~ '~ STEPHEN M. DEPPEN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 2006-2782 CIVIL ACTION LAW MARY ELLEN DEPPEN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Fr da ,Jul 16, 2010 ,upon consideration of the attached Complaint, it is hereby directed that parties an their respective counsel appear before __Hubert X. Gilroy, Esq _ ,the conciliator, at 4th Floor ,Cumberland Cou Courthouse, Carlisle on Tuesday, August 24, 2010 at 2:00 PM for aPre-Hearing Custody Confere ce. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to efine and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the con. rence may provide grounds for entry of a temporary or permanent order. The court hereby directs t e parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custo y orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ Hubert X. Gilro Es . Custody Conciliator The Court of Comm n Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. or information about accessible facilities and reasonable accommodations available to disabled individua s having business before the court, please contact our office. All. arrangements must be made at least 72 hour prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD T E THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR ANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND O T WHERE YOU CAN GET LEGAL HELP. ~ • ~ q • ~o c~ ~ Cumberland County Bar Association • ~Qa ~ '~'~ ~`'~'~"'~' ~ ^~ -_ 32 South Bedford Street ~ ~ ;j~ Carlisle, Pennsylvania 170 13 ~ ~ c __. --+ r i _ ~ Ti Telephone (717) 249-3166 ~ ~~ -= '~ • [ °~ • ! O ~}ofi u:_ tom,; l ~,~c1 -~-o ~~ ° ; ~ t .a • I o ~ lam a :_ .r t;~, + ~ C~; tro s -~ ~-e <_ `^ , ~, MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION ~ STEPHEN M. DEPPEN, :PACSES NO. 972107472 ~" `~'' `'~' Defendant :DOCKET NO. 539 SUPPORT 200 ~ ~ ~ r.a ~ =~' ._ -<~ MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PL)y~iS OF~~, Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYVAIA '~-~ V. :DOMESTIC RELATIONS SECTION STEPHEN M. DEPPEN, :PACSES NO. DefendantlRespondent DOCKET NO. 06-2782 CIVIL TERM INTERIM ORDER OF COURT L AND NOW, this ~~ day of July, 2010, upon consideration of the Support Master's Report and Recommendation, acopy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant's child support obligation is suspended for the period of March 15, 2010 through Apri124, 2010. B. Effective Apri125, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Alexander M. Deppen, born May 5, 1998, and Ashton J. Deppen, born May 3, 2003, the sum of $854.00 per month. C. For the period of March 1, 2009 through December 8, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $300.00 per month. D. Effective December 9, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony the sum of $300.00 per month. E. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $60.00 per month on arrears. F. The Defendant shall provide health insurance coverage for the benefit of said children as is available to him through employment or other group coverage at a reasonable cost. 'k , G. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said children. Unreimbursed medical expenses of the children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31 S` of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 76% by Defendant and 24% by Plaintiff. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, Oler,(~T~., J. Cc: Maryellen L. Deppen Stephen M. Deppen DRO/tam MARYELLEN L. DEPPEN, Plaintiff V. STEPHEN M. DEPPEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 972107472 DOCKET NO. 539 SUPPORT 2005 MARYELLEN L. DEPPEN, 1N THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION STEPHEN M. DEPPEN, :PACSES NO. Defendant/Respondent DOCKET NO. 06-2782 CIVIL TERM SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on July 12, 2010, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Maryellen L. Deppen, who resides at 172 Cedar Lane, Carlisle, Pennsylvania. 2. The Defendant is Stephen M. Deppen, who resides at 801 South Market Street, Apartment C, Mechanicsburg, Pennsylvania. 3. The parties are the parents of Alexander M. Deppen, born May 5, 1998, and Ashton J. Deppen, born May 3, 2003. 4. By order dated December 12, 2006 the Defendant's obligation for child support was set at $773.00 per month and for spousal support at $353.00 per month. 5. The parties executed a Marital Settlement Agreement on October 29, 2009 reducing the spousal support obligation to $300.00 per month effective May 1, 2009 and payable as alimony following the divorce. 6. The parties were divorced on December 9, 2009. 7. On March 15, 2010 the Defendant filed a petition for a modification of the support order. EXHIBIT "A" 8. The Defendant is employed by the Commonwealth of Pennsylvania as a corrections officer. 9. The Defendant earns approximately $1,962.00 bi-weekly. 10. The Defendant pays union dues of $28.22 bi-weekly. 1 1. The Defendant has a mandatory retirement deduction of 6.25% of his gross pay. 12. The Defendant was off work due to injuries from the date of filing through Apri124, 2010. 13. The Plaintiff is totally disabled due to profound deafness. 14. The Plaintiff receives social security disability benefits of $634.00 per month. 15. The Plaintiff receives derivative benefits on behalf of the children of $95.00 per month. 16. The Defendant, by agreement of the parties, is to receive the dependency exemption for the children for tax years 2010 through 2012. 17. The Defendant's domestic partner provides health insurance coverage on the children. DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Mackay v. Mackay, 984 A.2d 529 (Pa. Super. 2009). Since the entry of the order in 2006 the parties have divorced, and the Defendant is paying alimony. A modification of the order is appropriate. The Plaintiff receives social security disability benefits in the amount of $634.00 per month and alimony in the amount of $300.00 per month. With a tax filing status of single, she has net monthly income for support purposes of $923.00. ~ The Defendant has gross monthly income of $4,251.00. With a tax filing status of single and two children claimed as dependency exemptions, and deducting his alimony payments, union dues and mandatory retirement contribution from his gross income, he has net monthly income for support purposes of $2,891.OO.Z With combined net monthly income of $3,814.00 and social security derivative benefits of $95.00 the basic requirement for the support of two children is $1,225.00.3 After ~ See Exhibit "A" for the tax deductions from gross income. z See Exhibit "A" for the tax deductions from gross income. See Pa. R.C.P. 1910.16-3. 2 reducing this figure by the $95.00 derivative benefits, the basic support obligation for the children is $1,127.00. The Defendant's proportionate share of that amount is $854.00.4 Because the Defendant was disabled and unable to work for the period of March 15, 2010 through Apri124, 2010, the child support obligation is suspended for that period of time. RECOMMENDATION A. The Defendant's child support obligation is suspended for the period of March 15, 2010 through Apri124, 2010. B. Effective Apri125, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Alexander M. Deppen, born May 5, 1998, and Ashton J. Deppen, born May 3, 2003, the sum of $854.00 per month. C. For the period of March 1, 2009 through December 8, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $300.00 per month. D. Effective December 9, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony the sum of $300.00 per month. E. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $60.00 per month on arrears. F. The Defendant shall provide health insurance coverage for the benefit of said children as is available to him through employment or other group coverage at a reasonable cost. G. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said children. Unreimbursed medical expenses of the children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 315L of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 76% by Defendant and 24% by Plaintiff. n D' Michael R. Rundle Support Master a See Exhibit "B" for the guideline calculation. 3 In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Maryellen L. Deppen Defendant Name: Stephen M. Deppen Docket Number: 539 S 2005 PACSES Case Number: 972107472 Other State ID Number: Tax Year: Current: 2010 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Flin Status Sin le Sin le 3. Who Claims the Exem tions Obl i or 4. Number of Exemptions 3 1 5. Monthl Taxable Income $4,251.00 $300.00 6. Deductions Method Standard Standard 7. Deduction Amount $475.00 $475.00 8. Exem tion Amount $912.51 $304.17 9. Income MINUS Deductions and Exem tions $2,863.49 -$479.17 10. Tax on Income $397.64 - 11. Child Tax Credit $166.66 - 12. Manual Ad'ustments to Taxes - - 13. Federal Income Taxes $230.98 - 13 a. Earned Income Credit - - 14. State Income Taxes $134.33 $9.48 15. FICA Pa ments $325.20 - 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $42.51 - TOTAL Taxes $733.02 $9.48 SupportCalc 2010-5-12 F~iIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet {Revised May 12, 2010) Rule 1910.16-1, et se . Defendant Name: Stephen M. Deppen Docket Number: 539 S 2005 PACSES Case Number: 972107472 Plaintiff Name: Maryellen L. Deppen Other Case ID Number: Defendant 1. Number of Dependents in this Case , _.. __ . 2. Total Gross Monthly Income $4,251.00 _. 3. Less Monthly Deductions $1,359.92 _ __ __ _ __ 4. Monthly Net Income Line 2 minus Line 3 $2,891.08 Plaintiff ___ _ ___ 2 $932.00 $922.52 $1,127.00 __ ..__ 75.81 24.19 _ _ __ __ $854.38 $272.62 $854.38 ~u. u4ugor~s support vbugation Line 18 minus Line 19, _ .$854.38 Prepared by: mrr ;Date: 7/12%2010 Summa Re ort S1. PACSES Multiple Family Adjustment _ __ S2. Spousal Support Award _ S3. Adjustment for Excess Mortgage Payments (If Applicable) ? - ~_ . S4 Custodial Parent Spousal Support Obligation (if Applicable) ( ) ..... ,~......,... __..,.. , . ~.,....... ~. ~,r~, ~ .. S5. Adjusted Support Obligation Monthly:: Weekly: Line 20 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) $$54.3$ $196.64 TAX INFORMATION Tax Method ~ Filing Status _ _ _ S6. Defendant 1040 ES ` Single S7. Plaintiff _ _ ~ _ 1040 ES _ Single __ _ ~ S8. Total Support Amount if Deviating from Guidelines Calculation Exemptions 3 1 Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCalc 2010-5-12 EXHIBIT "B" MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION STEPHEN M. DEPPEN, PACSES NO. 972107472 Defendant DOCKET NO. 539 SUPPORT 2005 MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION STEPHEN M. DEPPEN, PACSES NO. Defendant/Respondent DOCKET NO. 06-2782 CIVIL TERM ORDER OF COURT AND NOW, this 110 day of August, 2010, the Defendant/Respondent having filed exceptions to the Support Master's Report and Recommendation, it is hereby ordered as follows, pursuant to Rule 1910.12, C.C.R.P.: 1. The stenographer for the Support Master shall transcribe and file the notes of testimony, and the Defendant/Respondent shall bear the cost of the original transcript. 2. The Defendant/Respondent shall file a brief, in these chambers, in support of the exceptions not later than fifteen (15) days from the date the transcript is filed. Any issue not briefed by the Defendant shall be deemed waived. 3. The Plaintiff/Petitioner shall file a reply brief, in these chambers, not later than thirty (30) days from the date the transcript is filed. 4. The issues raised in the exceptions will be decided on the briefs unless either party, at the time of filing his or her brief, requests oral argument or the Court directs that oral argument be held. If oral argument is held, it will be scheduled before this judge. Ci bf;7 By theCourt, Hess, Cc: Maryellen L. Deppen Stephen M. Deppen Support Master DRO/tam JULIE A. WEHNERT, ESQUIRE ATTORNEY I.D. 307900 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw. com MARY ELLEN DEPPEN, Plaintiff, vs. STEPHEN DEPPEN, Defendant. cT ~,~, G"~ ;.: _. ,r ~:-:~ --: __. _.~.~ .,~ ; - {_ o% - ,~ y~ Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2782 CIVIL ACTION -LAW IN CUSTODY ANSWER AND COUNTERCLAIM IN CUSTODY AND NOW comes the above-named Plaintiff, MARY ELLEN DEPPEN, by and through her attorney, JULIE A. WEHNERT, ESQUIRE, and makes the following Answer and Counterclaim in Custody: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and, therefore, such allegations are deemed to be denied and strict proof thereof is demanded. 7. Denied. By way of further answer, it is not in the best interests of the children that they are primarily with Father. Father has made no attempt up to this point to be involved in the children's life. He does not attend school functions nor does he attend any doctor's or other appointments that the boys have scheduled. Mother believes that this Petition has been filed for the sole purposes of lowering child support. a. Denied. Mother has not had a history of mental health issues. She has had one incident in 2003 where she did not react well to tranquilizers that were prescribed to her; b. Denied. It is vehemently denied that Mother has a history of violent behavior. Mother plead guilty on November 21, 2006 to Recklessly Endangering Another Person; c. Denied. Again, Mother has had contact with the police on one occasion as discussed in 7(c). There has been no other instance where Mother has been arrested or charged by law enforcement; d. Denied. Mother has never physically or psychologically abused the children. The bruise that Father is specifically talking about in section (i) was given to Ashton by Alexander. Mother never told the children to lie to a social worker, when they told the social worker that it was due to a fight they had, it was the truth. e. Denied. There have been no recent instances where the children have sustained injuries requiring medical care. There was one instance in 2008 where Alexander was taken to the emergency room due to a bicycle accident. Alexander is not medicating himself,. the only medication that he takes is his prescribed ADHD medicine. Mother is allowing Alexander to get himself ready in the morning because the school has instructed Mother to allow him to do things for himself and to allow him time to himself. f. Denied. Father and his paramour do not do anything with the children as a family. Father complains that doing family things cost too much money. g. Denied. Father has made no effort to spend more time with the children then what is given to him under the current court order. Mother was fine with Alexander doing boy scouts; he just did not show any interest in it and did not pursue it. h. Denied. Alexander has been diagnosed with ADHD and is in special classes at school. Last year he was taken out of the special classes and was enrolled in the mainstream classes. This was done because Alexander insisted because Father teased him about being in the special classes and riding the "short bus" to school. Alexander did not do well in the transition and is enrolled in the special program again starting this fall. 8. Denied. Mother has provided all information concerning the children's doctors and other health professionals to Father. Father has made no attempt to attend any doctor's appointments. 9. Denied. It is vehemently denied that .Mother suffers from psychological and mental health issues. On the contrary, Mother has been going to school and is finishing up her degree in dental hygiene and is trying to make a career for herself and a better home life for the children. COUNTERCLAIM 7. The prior paragraphs of this Answer and Counterclaim re incorporated by reference as though fully set forth herein. 8. It is fervently denied that Father is able to provide a stable, loving and safe environment for raising the minor children. 9. Father and his paramour, run a dog breeding business out of their home and currently have 7 dogs living there with them. This makes the living environment uncleanly and chaotic. 10. Father and his paramour have violent fights in front the children. One was so violent the coffee table was broken as a result. 11. Mother has been the primary caregiver of the children from birth. Mother is the parent that makes and attends all doctor's appointments. Mother is the parent that is interested in the children's school and has set up the Internet account so that she can observe the progress of the children. As stated above, Father has had no interest in the children's medical or education welfare up to this point. WHEREFORE, Plaintiff respectfully requests that this Court deny the relief requested by Defendant, grant her primary physical custody of the children, and grant Defendant partial physical custody. Respectfully Submitted, Dated: ~ /3 ~ \ l J A. Wehnert, Esq. A ORNEY I.D. 307900 395 St. Johns Church Road Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com Attorney for Plaintiff VERIFICATION I, Mary Ellen Deppen, the Plaintiff in this matter, have read the foregoing Answer and Counterclaim. I verify that my averments in this Answer and Counterclaim are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: C~ ~ ~~ CERTIFICATE OF SERVICE I, Julie A. Wehnert, do hereby certify that on this 13h day of August, 2010, I served a true and correct copy of the foregoing Answer and Counterclaim in Custody via regular U.S. First Class mail, .postage prepaid, addressed as follows: Stephen M. Deppen 801-C S. Market Street Mechanicsburg, PA 17055 Plaintiff Hubert X. Gilroy 10 E. High Street Carlisle, PA 17013 Conciliator Ju i A. Wehnert, Esq. I. .307900 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff LA MARYELLEN L. DEPPEN, Plaintiff v. STEPHEN M. DEPPEN, Defendant • :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :DOMESTIC RELATIONS SECTION :PACSES NO. 972107472 :DOCKET NO. 539 SUPPORT 2005 MARYELLEN L. DEPPEN, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner,:CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION STEPHEN M. DEPPEN, :PACSES NO. Defendant/Respondent,:DOCKET NO. 06-2782 CIVIL TERM C'd IN RE: DEPPEN V. DEPPEN Proceedings held before Michael R. Rundle, Support Master Cumberland County Domestic Relations Office 9 North Hanover Street Carlisle, Pennsylvania on July 12, 2010 in the Support Master's Hearing Room APPEARANCES: MARYELLEN DEPPEN, Pro Se STEPHEN M. DEPPEN, Pro Se INDEX TO WITNESSES FOR THE PLAINTIFF EXAMINATION CROSS Maryellen Deppen 14 18 FOR THE DEFENDANT EXAMINATION Stephen M. Deppen 3 INDEX TO EXHIBITS Marked Admitted Defendant's 1 - Payment statement 8 14 Defendant's 2 - Marital Settlement 14 14 Agreement 2 • i THE MASTER: We are here in the matter of Maryellen L. Deppen versus vs. Stephen M. Deppen. This case is docketed to 539 Support 2005. This is a support action involving two children, Ashton J. Deppen, born May 3, 2003, and Alexander M. Deppen, born May 5, 1998. We are here on the Defendant's petition to modify an order previously entered on December 12, 2006. He filed his petition on March 15, 2010. Both parties are present. Neither party is being represented by counsel. At this time I would ask first that both parties raise your right hands to be sworn. Whereupon, MARYELLEN L. DEPPEN and STEPHEN M. DEPPEN having been duly sworn, testified as follows: EXAMINATION BY THE MASTER: Q Mr. Deppen, state your name for the record. A Stephen M. Deppen. Q Where do you currently reside? A 801 C. South Market Street, Mechanicsburg, Pennsylvania. 3 Q What is your marital status? A Divorced. Q Were you formerly married to Maryellen Deppen? A Yes. Q What is the date of your divorce? A I have to actually look that up for the actual date. May ist, 2009 I think is probably pretty close. Q As part of the divorce are you paying alimony to your wife? A Yes. Q Your former wife, excuse me? A Yes. Q What is the amount of alimony that is paid by you? A The amount agreed upon was $300.00 per month. Q That began when? A May ist, 2009. Q How do you pay the alimony? A It is deducted through payroll deduction. Q As the spousal support had previously been deducted? A Yes. It is replacing spousal support. Q Are you currently employed? 4 A Yes. I am. Q By whom? A The Department of Corrections, Pennsylvania. Q How long have you been with them? A Since March 19th of 2001, so a bit over nine years. Q In what capacity are you employed? A I am a Correction Officer I. Q Now you filed a petition for modification on March the 15th of 2010. What is the basis for your request for modification? What are you alleging has changed since the prior order? A Okay. Just to clarify, the divorce agreement is dated on the 29th of October -- yes, 2009. Q You say the divorce agreement? A Yes, sir. Do you want me to enter that into the record? Q Let me see what you have. A Would you like to take a look at this? Q Yes. You are showing me what is called a Marital Settlement Agreement? A Yes. Q And that is dated October 29th, 2009? A Yes, sir. 5 Q In the Marital Settlement Agreement on page seven, which indicates the obligation to pay alimony effective May 1, 2009? A Yes, sir. Q Just so I understand now, did the Divorce Decree get entered after the October 29th, 2009 Agreement was signed? A Yes. That was the Agreement that was signed by both parties. Q But was the Decree divorcing you and your wife signed by the Judge following the execution of this Agreement? A Yes, sir. Q So in effect the alimony -- A Yes. Q Which is payment to a former spouse following the divorce -- A Correct. Q Could not begin until your Divorce Decree was entered. Would that have been November? A Yes, according to that it was to begin on the lst of May, 2009. Q Again I am going to read from the Agreement. A Yes. Q Paragraph 6, SpousalSupport/APL/Alimony, 6 9 0 which states: Husband shall pay Wife Spousal Support/Alimony Pendente Lite/Alimony, hereinafter referred to as Alimony, in the amount of $300.00 per month beginning on May 1, 2009. Did I read that correctly? A That is correct. Q In effect when this Agreement was signed in October there was already a spousal support obligation in place at that time? A Yes. Q And that spousal support obligation went back to the Order of December 12, 2006? A I would assume, yes. I believe so, yes. Q At that time the spousal support obligation was $353.00 a month? A Yes, sir. Q That was set forth in that Order? A Yes. Q So what you've agreed is that the spousal support would be dropped from $353.00 a month down to $300.00 a month? A Yes. Q And would thereafter be alimony? A Correct. Q Do you have with you your most recent pay statement? 7 0 7 A Let me check. Q Or a recent pay statement? A It is dated period ending 6/26/10, pay date 7/9/10. Q That works. Is that your only copy? A Yes. It is. Q I will make a copy. A All right, sir. (Whereupon, Defendant's Exhibit No. 1 was marked for identification.) Q I am showing you now what has been marked as Defendant Exhibit Number 1. Is this a copy of your pay statement for the pay period ending June 26, 2010? A It is. Q Are you paid every two-weeks? A Bi-weekly, yes, sir. Q Your hourly rate of pay for your normal working hours appears to be $23.52? A Correct. Q What is walk time? A That is time and a half calculated from the end of normal working hours. Our shift begins at 6:00 a.m. and ends at 2:00 p.m. The shift that relieves us is not allowed to enter the institution until exactly 2:00 when they begin their rollcall. So the walk time is the portion 8 0 0 from 2:00 until the relieving shift exists the institution. And that covers the shift change. That can fluctuate and change on a daily basis depending upon where our work assignment are. Q So for this particular pay period it appears that you had 72 hours of normal working hours as well as 8 hours -- A Holiday pay. Q For a holiday? A Yes. Q Is that your normal 80 hours bi-weekly? A Yeah. Q And in this pay statement you got 2.2 hours of walk time at time and a half? A Correct. Q Is that fairly typical of the amount of walk time in a bi-weekly pay period? A Again it does fluctuate like I said. Here is one for 2.81. Here is one for 1.68, 2.74, 1.54. Q Okay. I have got the gist of it. Now I note on this pay statement your gross earnings for the year-to-date were $8,964.81? A Yes. Q That appears to be extremely low for six months of the year? 9 0 f A Yes. Q What has happened in 2010 with respect to your pay? A Going back to the 23rd of July, 2009, I broke my ankle. During that time I had difficulty with rehabilitation. I was unable to work during that entire period. On the 26th of December I broke my wrist, specifically the scaphoid in the left wrist. That had a prolonged healing time as well. So I did not work between the 23rd of July, 2009 until I believe it was April 25th of 2010. Q Were you receiving any form of income from July 23rd of '09 through April 25th of 2010? A What I did receive was my vacation time which I had accrued, and following that the sick leave benefit which I had accrued over the previous eight plus years. Both of those combined ran out on approximately -- let's see -- about the 20th of October, 2009. I was paid up until October 20th and had no income from October 21st, 2009 until two-weeks after April 25th, which would be May at some point. Q No income of any sort? A None. In fact during that time I was required to pay medical benefits for myself and the children which my domestic partner actually had to provide which at 10 0 ! expense to me to pay her back at $225.00 bi-weekly. All benefits, medical benefits, ceased on the 23rd of January, 2009. Q I note looking at the record in this case that on October 29th of 2009 you did file a petition for modification of your support order? A Yes. Q And I note also that you were scheduled to be at a hearing in front of me in March of 2010 on your petition? A Correct. Q And for whatever reason you failed to appear for the hearing in front of me? A That is correct. Q So as a result of that your petition for modification for that period of time was dismissed? A Right. Q And you took no appeal to that order, correct? A Correct. Q What is the status of health insurance coverage for the two children? A Currently they are taken care of by Ms. Heather Eckley. Q Who is Heather Eckley? 11 0 0 A She is my domestic partner. Q Your domestic partner is able to provide health insur ance coverage for Ashton and Alexander? A And myself, as she also works for the Department o f Corrections. Q Do you currently reside with Ms. Alexander? A Ms. Eckley, yes. Q I am sorry, Ms. Eckley? A Yes. Q You reside with her? A Yes, sir. Q For federal tax purposes how did you file for tax year 200 9? A Single. Q Do you anticipate filing as single for 2010? A Yeah, I imagine so, yes. I haven't thought that far in advance, but I imagine. Q For tax year 2009 who claimed the two boys as dependency e xemptions? A That would have been Maryellen. Q You did not claim them? A No. I will be claiming them in 2010 according to the agreement. Q According to what? A According to the divorce agreement. I 12 0 LI believe in 2010 I will claim them for three years. Q Any other factual testimony you want to provide? A Let me see what I had. You did cover a few points. Let me just go over this. Spousal support needs to be converted to alimony and got backdated to May 1st of 2009 as per the Marital Settlement Agreement signed by both parties. Set up through payroll deduction ending April 1st, 2012. My requirement per the agreement was for a period of 36 months which began on May 1st of 2009. Alimony should also be added as part of her income which in the latest order -- Q Hold on a second. Right now you are making argument and I will let you do that -- A Okay. Q Once we complete the factual testimony. A Fine. Q What I will also do is since this Agreement does seem to be coming into play here, I will make a copy of that separation agreement -- A Okay. Q After the hearing and have it marked as Defendant Exhibit Number 2. 13 • 0 (Whereupon, Defendant's Exhibit No. 2 was marked for identification.) A Okay. THE MASTER: Ms. Deppen, are there any questions you wish to ask Mr. Deppen? MS. DEPPEN: No. THE MASTER: Defendant's Exhibits 1 and 2 are admitted into the record. (Whereupon, Defendant's Exhibits No. 1 and 2 were admitted into the record.) EXAMINATION BY THE MASTER: Q Now Ms. Deppen, state your name for the record. A Maryellen Deppen. Q Where do you reside? A 172 Cedar Lane, Carlisle. Q And you are the mother of Ashton and Alexander? A Yes. I am. Q Do they both reside with you? A Yes. They do. Q What is your current marital status? A Divorced. Q Are you currently employed? 14 a i A No. Q For the record I will note that you are utilizing the services today of a real-time telecaptioner. Is that correct? A Correct. Q Is that because you suffer a hearing impairment? A Yes. Q What is the severity of your hearing impairment? A (No audible response). Q You are now showing me a document? A This is my hearing loss. Q Could you explain -- can you hear? A Very little. Q Are you considered to be legally deaf? A Profound, severely profound. Q Do you have any source of income? A SSI. Q It is SSI, not Social Security Disability. Am I correct? A I am not sure, disability -- Q Do you have any documentation at all from the Social Security Administration that sets forth what you receive? 15 A Not with me. Q When I asked you what your source of income was, you stated openly, SSI. What led you to that conclusion? A I don't comprehend what you are asking me. Q All right. There are two forms of payments that the Social Security Administration is involved with. One is called Supplemental Security Income or SSI, and the other is called Social Security Disability benefits. For support purposes SSI is not included as income for a party. Social Security Disability benefits are included as income. That's why it is important for me to know just what form of income you receive. Let me ask this: Do you receive any monthly amount from the Social Security Administration for the two children? A $95.00 for one child. Q For which child? A Alexander. Q Why is it you receive $95.00 for Alexander? Do you know why? A No. Q Does Alexander suffer any sort of disability? A (No audible response). Q You have to answer out loud? 16 • i A No. Q But you receive nothing for Ashton? A No, nope. I called and they said that if I would receive anything for Ashton they would take the check for Alexander and just split it in half and just issue two checks. Q To your knowledge do you receive the $95.00 for the children because you have a disability? A Yes. Q What is the amount that you receive monthly from the Social Security for yourself alone? A $634.00. Q So other than the $634.00 you receive, the $95.00 you receive for the child or children, and the $300.00 per month in alimony, do you yourself have any other income? A No. Q Is there anything else factually that you wish to tell me? A My parents have been supporting me and my two kids since October and I have to pay them back. Q You are borrowing money from your parents? A Yes. And here is the documentation of that. Q Do either of the two boys have any extraordinary needs? 17 0 9 A My one son is on medicine. Q Tell me about that. A Attention deficit medicine. Q Which son is that? A Alexander. Q And you get prescriptions for him? A He takes prescriptions, yes. Q And your son has health insurance coverage as was recently just discussed by your ex-husband. Is that correct? A Correct. Q Is there anything else you want to tell me factually? A No. THE MASTER: Mr. Deppen, do you have any questions you wish to ask Ms. Deppen? MR. DEPPEN: Yes, yes I do. CROSS-EXAMINATION BY MR. DEPPEN: Q You stated that your parents have given you a loan dating back to October. Is that correct? THE MASTER: For the benefit of both of you, I will tell you now that the fact she is receiving a loan from her parents is not relevant to your obligation to pay support. 18 0 0 MR. DEPPEN: Okay. BY MR. DEPPEN: Q When was Alexander diagnosed as ADHD? A I don't have that documentation with me at this time to be pri THE MS. THE MS. THE ?cise wi MASTER: DEPPEN: MASTER: DEPPEN: MASTER: th the exact date. How long has it been roughly? Since we split. And how many years is that? (No audible response) Do you recall when you and Mr. Deppen separated, the date? MS. DEPPEN: (No audible response) BY MR. DEPPEN: Q Around February, 2005 possibly? A It was later than that. THE MASTER: Okay, next question. BY MR.. DEPPEN: Q Alexander's diagnosis for ADHD is not considered the reason for his $95.00 SSI payment. Is that correct? A No. No. I had that checked way back when you and I were together. I was receiving that way back. That has nothing to do with that. Q So he is not receiving the $95.00 -- A You knew that -- 19 0 0 Q For the ADHD -- A We were married. Q The SSI for purpose of argument, do you recall Todd Maul contacting the SSI office to establish whether you received SSI or SSD during one of our meetings? A No, because I could never hear in those hearings until I received a captioner. I was just sitting in there not knowing what was going on. Q And that would be even though you had a lawyer present at many of those meetings? A Not the last year I didn't have no lawyer. I didn't have any money. Q But you have had lawyers present, the law firm, during many of the -- THE MASTER: That's not relevant, sir. MR. DEPPEN: Okay. That's all I have for now. THE MASTER: Is there any other testimony you wish to give, Ms. Deppen? MS. DEPPEN: Am I allowed to ask him a question? THE MASTER: You had that opportunity earlier. MS. DEPPEN: Okay. So that's gone then? THE MASTER: It is. 20 • MS. DEPPEN: Okay. THE MASTER: Close the record for argument. (Whereupon, the hearing was adjourned at 2:22 p.m.) 21 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. VI Vicky 4. Ebersole Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. av a.&ic Date Michael R. Rundle Support Master 22 4? . F)1.E1)-C?-r ?,??VOTAFY ?0 AU10 25 AM 10: 15 JULIE A. WEHNERT, ESQUIRE ATTORNEY I.G. 307900 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 jwehnert@kopelaw.com MARY ELLEN DEPPEN, Plaintiffs, vs. STEPHEN M. DEPPEN, Defendant. couWy PDWYLVA* Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2782 CIVIL ACTION - LAW IN CUSTODY PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Mary Ellen Deppen, Plaintiff, in the above-captioned custody matter. DATE r 1 A ?. l J LIE A. WEHNERT, ESQUIRE ope & Associates, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Supreme Court ID# 307900 CERTIFICATE OF SERVICE I, Julie A. Wehnert, do hereby certify that on this 13h day of August, 2010, 1 served a true and correct copy of the foregoing Praecipe for Entry of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Stephen M. Deppen 801-C S. Market Street Mechanicsburg, PA 17055 Plaintiff Hubert X. Gilroy 10 E. High Street Carlisle, PA 17013 Conciliator Ju A. Wehnert, Esq. ' I. 307900 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff r STEPHEN M. DEPPEN, Plaintiff v MARY ELLEN DEPPEN, Defendant Prior Judge: The Honorable J. Wesley Oler AUG 2 71010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-2782 IN CUSTODY C) C C' COURT ORDER V 7 w O A' C) NOW, this day of , 2010, upon consideration of the attached Custody Conciliation Report, it is ordered and erected as follows: 1. A hearing is scheduled in Court Room No. 1 of the Cumberland County Courthouse on the:, '/,)c?- day of ? C- - , 2010 at / -' A, ?fm. At this hearing, the father shall be the moving party and shall proceed initially with testimony. Counsel for the parties, or the parties themselves if they do not have counsel, shall file with the Court and opposing party/counsel a memorandum setting forth the history of custody in this case, the issues currently before the Court, a summary of each parties position on these issues, a list of witnesses who will be called to testify on behalf of each party and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least ten days prior to the mentioned hearing date. 2. Pending further Order of this Court, this Court's prior Order of August 10, 2006, shall remain in place. cc: uli A. Wehnert, Esquir( Stephen M. Deppen 4 L7 -v l BY THE COURT, STEPHEN M. DEPPEN, Plaintiff v MARY ELLEN DEPPEN, Defendant Prior Judge:: The Honorable J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-2782 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: The pertinent information pertaining to the children who are the subject of this litigation is as follows: Alexander Maxwell Deppen, born May 5, 1998 and Ashton Joseph Deppen, born May 3, 2003. 2. A Conciliation Conference was held on August 24, 2010, with the following individuals in attendance: The father, Stephen M. Deppen, who appeared Pro Se, and the mother, Mary Ellen Deppen, with her counsel, Julie A. Wehnert, Esquire. 3. There is an existing order signed by Judge Oler which gave the parties shared legal custody with mother having primary physical custody and father having periods of temporary physical custody. Father has now petitioned the Court requesting that he be awarded primary physical custody. He alleges there is concerns with respect to the children's grades and other issues with respect to mother handling the children. Mother generally denies these allegations. The parties are unable to reach an agreement an a hearing is required. 4. The Conciliator recommends an Order in the form as attached. Date: August ?2 , 2010 Hubert X. b oy, Esquire Custody Conciliator STEPHEN M. DEPPEN Plaintiff V. MARY ELLEN DEPPEN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY: PENNSYLVANIA NO, bU- ?--7 $a CIVIL ACTION - LAW :CUSTODY MOTION FOR CONTINUANCE REQUEST 1, Stephen M. Deppen, currently Pro Se, am the Plaintiff in the above mentioned action. A hearing is scheduled for December 2, 2010 at 1:30 P.M. in which I am requesting a CONTINUANCE for the following reason (s): 1. 1 am scheduled to work that day and have no leave available as I was out of work, due to injury, for 9 months from July 23, 2009 until April 25, 2010, where I used up all my leave. 2. In preparation for the case, I spoke with several attorneys to obtain legal advice. It was at this point in time, it became apparent that I needed to retain a lawyer for this hearing. The defendant has an attorney, and thus I was advised to retain one also. I would like to request sufficient time to do so. I spoke with opposing Counsel, Julie Wehnert, who stated she objected to the above request. II'Z?I,o Date gnat PI 91 c C -o c -Cz w Ica Cl- n nti A STEPHEN M. DEPPEN, Plaintiff V. MARY ELLEN DEPPEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-2782 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR CONTINUANCE REQUEST ORDER OF COURT AND NOW, this 24`' day of November, 2010, upon consideration of Plaintiff s Motion for Continuance Request, and Defendant being unable to attend a hearing without the benefit of a court reporter for the hearing impaired, Plaintiff's request is granted and the hearing previously scheduled for December 2, 2010, is rescheduled to Monday, April 11, 2011, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. THE COURT ADMINISTRATOR is request to facilitate the request of Defendant for a court reporter for the hearing impaired for this scheduled hearing. BY THE COURT, Stephen M. Deppen 801-C South Market Street Mechanicsburg, PA 17055 Plaintiff, pro Se G -? :Z M r M .C C:) p °? vx Q -4 F -t .0 Julie A. Wehnert, Esq. Kope & Associates 395 St. Johns Church Road Suite 101 Camp Hill, PA 17011 Attorney for Defendant Court Administrator :rc gip; es Ma"led IIIaVliv MARYELLEN L. DEPPEN, Plaintiff vs. STEPHN M. DEPPEN, Defendant MARYELLEN L. DEPPEN, Plaintiff VS. STEPHEN M. DEPPEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 972107472 DOCKET NO. 539 SUPPORT 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2782 CIVIL IN RE: EXCEPTIONS TO THE SUPPORT MASTER'S INTERIM ORDER ORDER AND NOW, this ZZ-? day of December, 2010, this matter is remanded to the Support Master on the question of the earning capacity of the plaintiff. Julie Wehnert, Esquire For the Plaintiff Stephen M. Deppen, Pro Se Defendant Michael Rundle, Esquire Support Master BY THE COURT, Kevin,A Hess, P. J. C:5 -'Tj / ?'1 t , r n c"s -ur i? N f-73b --t cz; C.r' N CD pri :rlm I MARYELLEN L. DEPPEN, Plaintiff VS. STEPHN M. DEPPEN, Defendant MARYELLEN L. DEPPEN, Plaintiff vs. STEPHEN M. DEPPEN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 972107472 DOCKET NO. 539 SUPPORT 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-2782 CIVIL IN RE: EXCEPTIONS TO THE SUPPORT MASTER'S INTERIM ORDER OPINION AND ORDER Maryellen L. Deppen (Plaintiff) and Stephen M. Deppen (Defendant) are the natural parents of two children, Alexander M. Deppen, born May 5, 1998, and Ashton J. Deppen, born May 3, 2003. By order dated December 12, 2006, the defendant's obligation for child support was set at $773.00 per month and for spousal support at $353.00 per month. The parties executed a marital settlement agreement on October 29, 2009, reducing the spousal support obligation to $300.00 per month effective May 1, 2009, and payable as alimony following the divorce. The parties were divorced on December 9, 2009. The defendant filed a petition for a modification of the support order and a hearing was held on July 12, 2010, before Support Master Michael R. Rundle. In the Support Master's Report and Recommendation, it was recommended that the defendant's child support obligation be suspended for the period of March 15, 2010, through April 24, 2010, due to lack of income NO. 539 SUPPORT 2005 NO. 06-2782 CIVIL for the time he was absent from work because of an injury. In regards to the support issue, the Master stated in his findings of fact that plaintiff was totally disabled. Using a zero earning capacity for plaintiff, the Master recommended, inter alia, that effective April 25, 2010, the defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, the sum of $854.00 per month. The aforementioned recommendation was made an interim order of court on July 19, 2010. Defendant has filed exceptions to the recommendation of Support Master Rundle, as well as a brief in support of the exceptions. The defendant argues that the plaintiff is not totally disabled and as such, an earning capacity should have been attributed to her. The defendant also argues that his child support calculation was not properly calculated, because of various injuries he suffered which forced him out of work from July 23, 2009, until April 23, 2010. The general rule in Pennsylvania is that a person's income must include his earning capacity, and a voluntary reduction in earned income will not be countenanced; instead, child support is to be calculated based upon earning capacity rather than actual earnings. Howland v. Howland, 900 A.2d 922 (Pa.Super. 2006). The earning capacity of a party is not the amount the party could potentially earn, but rather "the amount [the party] could realistically earn under the circumstances considering health, age, mental and physical condition, training and the amount of time the party has been unemployed." Malenfant v. Malenfant, 639 A.2d 1249, 1251 (Pa. Super. 1994). If a party is disabled to the point it renders him unable to work, the party's actual earnings are utilized as opposed to earning capacity. In Malenfant, the court found that the appellee, following an operation, suffered severe health problems rendering her virtually unable to work. Id. Thus, the court re-evaluated her earning capacity to be zero and increased 2 NO. 539 SUPPORT 2005 NO. 06-2782 CIVIL appellant's support payment accordingly. The appellant in that case argued that appellee failed to put forth medical testimony to support her claims, but the court determined that such medical testimony is not required. The court relied on the case of Hesidenz v. Carbin, 512 AN 707 (Pa.Super. 1986), in which the court determined that the wife's testimony concerning her physical condition was sufficient to support the trial court's finding that she was physically incapable of working full time. Id. at 711. However, in Calibeo v. Calibeo, 663 A.2d 184 (Pa.Super. 1995), the court, in determining that appellant was not injured to the extent of not being able to work, relied on the fact that the record did not contain any medical evaluation which would sustain her claim that she was disabled and unable to work. Id. at 187. In determining the child support calculations, Master Rundle assigned to plaintiff a zero earning capacity due to his finding of fact that plaintiff was totally disabled due to profound deafness. This finding increases the amount the defendant must contribute for child support, as the plaintiff only receives social security benefits of $634.00 per month and derivative benefits on behalf of the children of $95.00 per month. It appears that one of the factors Master Rundle used in determining that plaintiff was disabled was the fact that she was utilizing the services of a real-time telecaptioner. Another factor appears to be that plaintiff receives funding from the Social Security Administration, although it is unclear from the transcript of the hearing whether the plaintiff receives Supplemental Security Income or Social Security Disability benefits. The main testimony concerning plaintiff's hearing impairment consisted of the following: Q. What is the severity of your hearing impairment? A. (No audible response). Q. You are now showing me a document? NO. 539 SUPPORT 2005 NO. 06-2782 CIVIL A. This is my hearing loss. Q. Could you explain - can you hear? A. Very little. Q. Are you considered to be legally deaf? A. Profound, severely profound. The documentation of hearing loss offered in the aforementioned testimony was not made part of the record. In his brief in support of his exceptions, the defendant includes a detailed vocational report on the plaintiff, entitled Vocational Evaluation Report for the Divorce Master of Cumberland County. The evaluation, conducted on July 30, 2008, indicates that plaintiff was deaf in her right ear and had a hearing aid and could hear approximately 50% in her left ear. As far as employment history was concerned, it noted that plaintiff had been employed as a nurse assistant, a deli slicer, a housekeeper, an electronics assembler and a fast food worker. The report goes on to include a variety of jobs in which the plaintiff would be qualified for and able to perform. The defendant also submitted an answer and counterclaim in custody pursuant to the above-captioned case, dated August 13, 2010, wherein plaintiff herself states that she has been going to school and is finishing up her degree in dental hygiene and is trying to make a career for herself. None of the aforementioned documents were made part of the record and we cannot fault the Master for basing his decision on the only document he saw. Nor do we excuse the defendant's failure to adduce the above documents at the hearing because he is pro se. There 4 NO. 539 SUPPORT 2005 NO. 06-2782 CIVIL Julie Wehnert, Esquire For the Plaintiff Stephen M. Deppen, Pro Se Defendant Michael Rundle, Esquire Support Master :rlm 6 MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION STEPHEN M. DEPPEN, PACSES NO. 972107472 Defendant DOCKET NO. 539 SUPPORT 2005 MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEA'$ OF ? ' Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSY"VAIA V. DOMESTIC RELATIONS SECTIOi?',- rv c? STEPHEN M. DEPPEN, PACSES NO. Defendant/Respondent DOCKET NO. 06-2782 CIVIL TERM; J INTERIM ORDER OF COURT AND NOW, this 45tday of February, 2011, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant's child support obligation is suspended for the period of March 15, 2010 through April 24, 2010. B. Effective April 25, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Alexander M. Deppen, born May 5, 1998, and Ashton J. Deppen, born May 3, 2003, the sum of $854.00 per month. C. For the period of March 1, 2009 through December 8, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $300.00 per month. D. Effective December 9, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony the sum of $300.00 per month. E. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $60.00 per month on arrears. F. The Defendant shall provide health insurance coverage for the benefit of said children as is available to him through employment or other group coverage at a reasonable cost. G. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said children. Unreimbursed medical expenses of the children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 70% by Defendant and 30% by Plaintiff. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. By the Court, Cc: Maryellen L. Deppen Stephen M. Deppen DRO/tam MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION STEPHEN M. DEPPEN, PACSES NO. 972107472 Defendant DOCKET NO. 539 SUPPORT 2005 MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION STEPHEN M. DEPPEN, : PACSES NO. Defendant/Respondent : DOCKET NO. 06-2782 CIVIL TERM SUPPORT MASTER'S SUPPLEMENTAL REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on February 16, 2011, the following supplemental report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Maryellen L. Deppen, who resides at 172 Cedar Lane, Carlisle, Pennsylvania. 2. The Defendant is Stephen M. Deppen, who resides at 801 South Market Street, Apartment C, Mechanicsburg, Pennsylvania. 3. The parties are the parents of Alexander M. Deppen, born May 5, 1998, and Ashton J. Deppen, born May 3, 2003. 4. By order dated December 12, 2006 the Defendant's obligation for child support was set at $773.00 per month and for spousal support at $353.00 per month. 5. The parties executed a Marital Settlement Agreement on October 29, 2009 reducing the spousal support obligation to $300.00 per month effective May 1, 2009 and payable as alimony following the divorce. 6. The parties were divorced on December 9, 2009. 7. On March 15, 2010 the Defendant filed a petition for a modification of the support order. 8. The Defendant is employed by the Commonwealth of Pennsylvania as a corrections officer. 9. The Defendant earns approximately $1,962.00 bi-weekly. 10. The Defendant pays union dues of $28.22 bi-weekly. 11. The Defendant has a mandatory retirement deduction of 6.25% of his gross pay. 12. The Defendant was off work due to injuries from the date of filing through April 24, 2010. 13. The Plaintiff is not gainfully employed. 14. The Plaintiff has been receiving social security disability income since the mid- 1990S., 15. The Plaintiff currently receives social security disability income in the amount of $634.00 per month. 16. The Plaintiff also receives social security derivative benefits on behalf of the children of $95.00 per month. 17. The Plaintiff has suffered from a profound loss of hearing since she contacted meningitis at the age of five. 18. The Plaintiff attended elementary school for hearing impaired children. 19. The Plaintiff received a high school diploma from Cumberland Valley High School after completing a special education curriculum through the Capital Area Intermediate Unit in 1991. 20. The Plaintiff has been diagnosed with either attention deficit disorder or attention deficit hyperactivity disorder but currently does not take medication for the condition. 21. The Plaintiff has prior work experience as a deli meat cutter, as an electronics assembler, as a waitress, and as a nursing home aide. 22. The Plaintiff has either quit or been terminated from prior employment because of difficulties associated with her loss of hearing. 23. The Plaintiff was last employed in 2006 as an aide at Country Meadows, a nursing home located in Mechanicsburg, where she earned $8.00 per hour and worked approximately 15 hours per week. 24. The Plaintiff is taking courses at Harrisburg Area Community College but is currently taking only one class per semester. i The Plaintiff testified that benefits commenced in 1995 or 1996. 2 25. The Defendant claims the children as dependency exemptions for federal income tax purposes. 26. The Defendant's domestic partner provides health insurance coverage for the benefit of the children. DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Mackay v. Mackay, 984 A.2d 529 (Pa. Super. 2009). Since the entry of the order in 2006 the parties have divorced, and the Defendant is paying alimony. A modification of the order is appropriate. Both parents have an obligation to support their children in accordance with their relative incomes and ability to pay. Depp v. Holland, 636 A.2d 204 (Pa. Super. 1994). In determining a parent's ability to support his or her children, the focus is on earning capacity, not on actual earnings. Mooney v. Doutt, 766 A.2d 1271 (Pa. Super. 2001). A party's earning capacity is that amount lie or she can realistically be expected to earn under the circumstances considering his or her age, health, physical and mental condition, education and training. Riley v. Foley, 783 A.2d 807 (Pa. Super. 2001). The Plaintiff's position is that the support calculation should be performed utilizing her current actual income, i.e. her social security disability benefits supplemented by her alimony. The Defendant argues that the Plaintiff should be imputed with an earning capacity. As will be set forth below, under the unique facts of this case, there is only a negligible difference in the Defendant's monthly child support obligation under the guidelines regardless of which argument is accepted. The Defendant has gross monthly income of $4,251.00. With a tax filing status of single and two children claimed as dependency exemptions, and deducting his alimony payments, union dues and mandatory retirement contribution from his gross income, he has net monthly income for support purposes of $2,895.00.2 The Plaintiff has actual gross monthly income of $934.00 consisting of social security disability benefits in the amount of $634.00 per month and alimony in the amount of $300.00 per month. With a tax filing status of head of household, she has net monthly income for support purposes of $923.00.3 After adjustments for the children's derivative benefits, the Defendant's child support obligation is $854.00 per month. 2 See Exhibit "A" for the tax deductions from gross income. s See Exhibit "A" for the tax deductions from gross income. 4 See Exhibit "B" for the guideline calculation. At the Plaintiff's last employment at Country Meadows in 2006 she earned $8.00 per hour. She worked only part-time. If, however, she were to be imputed with a 40 hour per week earning capacity at this hourly rate, her gross monthly earnings would be $1,387.00. Adding her $300.00 per month alimony would results in gross monthly income of $1,687.00. With a tax filing status of head of household, she would have net monthly income for support purposes of $1,447.00.5 Utilizing a net monthly earning capacity for the Plaintiff of $1,447.00 and a net monthly income for the Defendant of $2,895.00, the Defendant's child support obligation would be $857.00 per month.6 This differs from the prior calculation by only a nominal amount of $3.00 per month. The only significant difference between the two calculations relates to the share of unreimbursed medical expenses of the children payable by the Defendant. Utilizing the Plaintiff s actual income results in the Defendant being responsible for 76% of said expenses, while utilizing the imputed earning capacity would result in the Defendant being responsible for 67% of the expenses. A recommendation is made that the Defendant assume 70% of these expenses. RECOMMENDATION A. The Defendant's child support obligation is suspended for the period of March 15, 2010 through April 24, 2010. B. Effective April 25, 2010 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Alexander M. Deppen, born May 5, 1998, and Ashton J. Deppen, born May 3, 2003, the sum of $854.00 per month. C. For the period of March 1, 2009 through December 8, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as spousal support the sum of $300.00 per month. D. Effective December 9, 2009 the Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as alimony the sum of $300.00 per month. E. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $60.00 per month on arrears. F. The Defendant shall provide health insurance coverage for the benefit of said children as is available to him through employment or other group coverage at a reasonable cost. s See Exhibit "C" for the tax deductions from gross income. G See Exhibit "D" for the guideline calculation. See Exhibit "B." 4 G. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said children. Unreimbursed medical expenses of the children that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 70% by Defendant and 30% by Plaintiff. e1,1?,rLU,& C-A-XI CA4 Op _ 2D Q Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Maryellen L. Deppen Defendant Name: Stephen M. Deppen Docket Number: 539 S 2005 PACSES Case Number: 972107472 Other State ID Number: Tax Year: Current: 2010 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Single Head of Household 3. Who Claims the Exemptions _ Obl i or 4. Number of Exemptions 3 1 5. Monthl Taxable Income $4,251.00 $300.00 6. Deductions Method Standard Standard 7. Deduction Amount $475.00 $700.00 8. Exemption Amount $912.51 $304.17 9. 10. Income MINUS Deductions and Exem Tax on Income ptions $2,863.49 $397.64 -$704.17 - 11. Child Tax Credit $166.66 - 12. Manual Adjustments to Taxes - 13. Federal Income Taxes $230.98 - 13 a. Earned Income Credit - _ 14. 15. State Income Taxes FICA Payments $130.51 $325.20 $9.21 - 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $42.51 - TOTAL Taxes $729.20 $9.21 SupportCak 2010-5-12 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet (Revised May 12, 2010) Rule 1910.16-1, et seq Defendant Name: Stephen M. Deppen Docket Number 539 S 2005 PALSIES Case Number: 972107472 Plaintiff Name: Maryellen L. Deppen Other Case ID Number: . .. Defendant 1 Number of Dependents in this Case otal Gross Monthly Income 3 Less Monthly Deductions 4. Monthly Net Income Line 2 minus Line 3 5. Combined Total Monthly Net Income Amounts on Line 4 Combined 6 Plus Child's Monthly Soc Sec Retirement or Disability Derivative Benefit. .. __._ _._..... 7 Adjusted Combined Total Monthly Net Income 8. PRELIMINARY Child Support Obligation based on Adjusted Income (Line 7) _ .__... _ 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 (') 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule (Table Rev. 512010) 11 Net Income as a Percentage of Combined Amount 12 Each Parent's Monthly Share of the Child Support Obligation 13 Adjustment for Shared Custody Rule 1910.16-4 c) (# of overnights: ....... -- I ........ 14. Adjustment for Child Care Ex enses Rine 191o.1s-sL1 r. 15 Adjustment for Health Insurance Premiums Rule 1910.16-6 (b) J . ........... ...._ _...... ........ _._.............. .......__ ...... _ 16 Adjustment for Unreimbursed Medical Expenses Rule 1910.16- ) 17 Adjustment for Additional Expenses Rule 1910.16-6 (d) .. .. .... ..... 18 Total Obligation with Adjustments Line 12 minus Line 13, plus Lines 14 15,16,17 19 Less Split Custody Counterclaim Rule 1910.16-4 (d) ... 20 Obl' ' $4,251.00 $1,356.10 $2,894.90 $854.15 Igor s SupportObligation Line 18 minus Line 19, _$854.15 Prepared by: mrr Date: 2/16/2011 Summary Report Plaintiff .. 11 $934.00 -$9.21 $924.79 S1. PACSES Multiple Family Adjustment _ S2. Spousal Support Award S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) (_) S5. Adjusted Support Obligation Monthly: Weekly: Line 20 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) $854.15 $196.58 TAX INFORMATION Tax Method Filing Status Exemptions S6. Defendant 1040 ES Single _ 3 S7. Plaintiff 1040 ES Head of Household 1 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCafc 2010-5-12 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Maryellen L. Deppen Defendant Name: Stephen M. Deppen Docket Number: 539 S 2005 PACSES Case Number: 972107472 Other State ID Number: Tax Year: Current: 2010 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Single Head of Household 3. Who Claims the Exemptions Obl igor 4. Number of Exemptions 3 1 5. Monthl Taxable Income $4,251.00 $1,686.70 6. Deductions Method Standard Standard 7. Deduction Amount $475.00 $700.00 8. Exemption Amount $912.51 $304.17 9. Income MINUS Deductions and Exemp tions $2,863.49 $682.53 10. Tax on Income $397.64 $68.25 11. Child Tax Credit $166.66 - 12. Manual Adjustments to Taxes - _ 13. Federal Income Taxes $230.98 $68.25 13 a. Earned Income Credit - - 14. State Income Taxes $130.51 $51.78 15. FICA Payments $325.20 $106.09 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $42.51 $13.87 TOTAL Taxes $729.20 $239.99 SupportCak 2010-5-12 EXHIBIT "C" v - In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff 2 $1,686.70 _._...._$239.99 5. Combined Total Monthly Net Income Amounts on Line 4 Combined 6 Plus Child's Monthly Soc Sec Retirement or Disability Derivative Benefit. _.. _ _ . -..__ _ . .. . _ .__.._.. 7 Adjusted Combined Total Month/ Net Income 8 PRELIMINARY Child Support Obligation based on Adjusted Income (Lme 7) ......... __ ._._.___ __.._. . 9. Less Child's Monthly Social Security Retirement or Disability Derivative (_) Benefit_( Line 6) 10. Basic Child Support Obligation From Rule 1910 16-3 Banc Child Support Schedule (Table Rev. 512010) 11 Net Income as a Percentage of Combined Amount 12 Each Parent's Monthly Share of the Child Sort Obligation 13 Adjustment for Shared Custody Rule 1910.164 (c) (# of overnights: ) 14. Adjustment for Child Care Expenses Rule 1s1o.1s s (a) 15 Adjustment for Health Insurance Premiums Rule 1910.16-6 (b) ... ......... ........... .._.._. ---- ........................ ._. ._......... 16 Adjustment for Unreimbursed Medical Ex enses Rula 1910.16-6 (c) T 17 Adjustment for Additional Expenses Rule 1910.16-6 (d) ......... _...... _ 18 Total Obligation with Adjustments Line 12 minus Line 13, plus Lines 14 15,16,17 19 Less Split Custody Counterclaim Rule 1910.16-4 (d) 20. Obligor's Support Obligation Line 18 minus Line 19, Prepared by: mrr Date: Summary Report 2/16/2011 ?$1,446.71 $857.50 S1. PACSES Multiple Family Adjustment _ S2. Spousal Support Award _ S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) (-) _ S5. Adjusted Support Obligation Monthly: Weekly: Line 20 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) $857.50 $197.35 TAX INFORMATION Tax Method Filing Status Exemptions S6. Defendant 1040 ES Single 3 S7. Plaintiff 1040 ES Head of Household 1 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCatc 2010-5-12 EXHIBIT "D" MARYELLEN L. DEPPEN, Plaintiff V. STEPHEN M. DEPPEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 972107472 DOCKET NO. 539 SUPPORT 2005 MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION STEPHEN M. DEPPEN, PACSES NO. Defendant/Respondent DOCKET NO. 06-2782 CIVIL TERM INDEX OF EXHIBITS Plaintiff's Exhibit No. 1 - Report of hearing test (not admitted into evidence) Defendant's Exhibit No. 1 - Vocational rehabilitation services report (not admitted into evidence .,?A rya 0 CID .. - n. ` 7 rr ? n? [: rt z C. ? .i C..0 MARY ELLEN DEPPEN IN THE COURT OF COMMON A A , t .? CUMBERLAND COUNTY, PEN 1-4 NIA72 z? ra r ? f• vs. NO: 2006-2782 c? STEPHEN DEPPEN =C ) To Prothonotary: I, Gail Guida Souders, hereby enter my appearance as counsel in the above-captioned matter. Date: February 25, 2011 Respectfully submitted, Gail Guida Souders Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 717-236-6440 Identification #68740 Attorney for Defendant KOPE & ASSOCIATES, LLC SHANE B. KOPE, ESQ. Attorney ID 92207 395 Saint Johns Church Road, Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Suite 101 Attorney for Plaintiff MARY ELLEN DEPPEN, : IN THE COURT OF COMMON PLEAS Plaintiffs, : CUMBERLAND COUNTY, PENNSYLVANIA -, --- rL -rj vs. NO. 2006-2782 , . STEPHEN M. DEPPEN, CIVIL ACTION - LAW Defendant. IN CUSTODY PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE - TO THE PROTHONOTARY: Please enter my appearance on behalf of Mary Ellen Deppen, Plaintiff, in the above-captioned custody matter. Z?Z 7- DATE S NE B. KOPE, ES-0t4I 395 St.i Road Camp Hill, PA 17011 Supreme Court ID# 92207 Please withdraw my appearance on behalf of Mary Ellen Deppen, Plaintiff in the above referenced custody matter. DATE QWulrNE: ""L L 395 S . Johns Church Road Cam ill, PA 17011 Supreme Court ID# 307900 CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire do hereby certify that on this day of March, 2011, 1 served a true and correct copy of the foregoing Praecipe for Entry/Withdrawal of Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Stephen M. Deppen 801-C S. Market Street Mechanicsburg, PA 17055 Plaintiff By: S ne B. Kope,-I!,sq. I. 92207 395 St. o Camp Hill, PA 17011 (717) 761-7573 Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLANDi` Q I' I $ P i-i a ?b gi%¢,- e MaryEllen L. Deppen : FAMILY COURT DIVISION Plaintiff V. : PACSES NO. ©?p Z T > Z Stephen M. Deppen Defendant SUPPORT EXCEPTIONS 1. I, Stephen Deppen, am the Plaintiff/Defendant in this case. 2. I, Stephen Deppen, hereby disagree with the Proposed Order of Support of Michael R. Rundle, Support Master, which was entered on February 25, 2011. 3. The last day I am allowed to file Exceptions is March 18, 2011. 4. My Exceptions to the Proposed Order are as follows: Mr. Rundle made the same mathematical error as did Todd Mohl in January 2009. Plaintiff can earn $1000 before losing her disability benefits. Mr. Rundle simply replaced her disability benefits with her earning capacity at 40 hours a week. Plaintiff has never worked 40 hours a week, nor we should due to losing her disability benefits. 17. Of finding of facts was taken in to account without evidence. 20. Of finding of facts was also taken into account with no evidence. 22. Of find of facts was taken in to account without evidence and is untrue, as Plaintiff was arrested, causing the loss of employment, to which I can provide evidence. 23. Of finding of facts clearly states Plaintiffs last job was only 15 hours a week. 26. This is false as I provide the health insurance for my children. WHEREFORE, I request that my Exceptions be granted. Date: -3/15/11 Signature: • -f VERIFICATION 1, Stephen M. Deppen, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn verification to authorities. Date: ??_ MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION STEPHEN M. DEPPEN, PACSES NO. 972107472 Defendant DOCKET NO. 539 SUPPORT 2005 MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION C) C STEPHEN M. DEPPEN, PACSES NO. MW a• - ?? Defendant/Respondent DOCKET NO. 06-2782 CIVIL TERM 0 'VI S ?rn -- -t ? ORDER OF COURT om -? A? N drn AND NOW, this 3o_ day of n gc4 , 2011, the P Defend ant/Respondent having filed exceptions to the Support Master 's Report -< and Recommendation, it is hereby ordered as follows, pursuant to Ru le 1910.12, C.C.R.P.: 1. The stenographer for the Support Master shall transcribe and file the notes of testimony, and the Defendant/Respondent shall bear the cost of the original transcript. 2. The Defendant/Respondent shall file a brief in these chambers in support of the exceptions not later than fifteen (15) days from the date the transcript is filed. Any issue not briefed by the Defendant/Respondent shall be deemed waived. 3. The Plaintiff shall file a reply brief, in these chambers, not later than thirty (30) days from the date the transcript is filed. 4. The issues raised in the exceptions will be decided on the briefs unless either party, at the time of filing his or her brief, requests oral argument or the Court directs that oral argument be held. If oral argument is held, it will be scheduled before this judge. By the urt, Kevin, Hess, J. Cc: Maryellen L. Deppen Stephen M. Deppen Support Master/Court Reporter DRO/tam it STEPHEN DEPPEN, Plaintiff v MARY ELLEN DEPPEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2782 CIVIL TERM IN CUSTODY IN RE: RECORD TO REMAIN OPEN ORDER OF COURT o C =rn ,,,r- w a ICE c? c: w ? N AND NOW, this 11th day of April, 2011, upon consideration of Plaintiff/Father's Petition To Modify Custody Order and of Defendant's Answer and Counterclaim in Custody with respect to the parties' children, Alexander Maxwell Deppen (date of birth May 5, 1998) and Ashton Joseph Deppen (date of birth May 3, 2003), and following an initial period of hearing, which has not yet been completed on today's date, the record shall remain open, and a further day of hearing in this case is scheduled for Monday, August 1, 2011, at 9:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. It is noted that at the time of adjournment on today's date Plaintiff's Exhibits 1, 2, 3, 4, 5, and 6 had been identified and admitted. It is noted further that at the time of adjournment Plaintiff was presenting his case-in-chief, and had called his first witness in the person of himself, who rn C3 z? a-n -C-) --sue > :C7 was being subjected to cross examination by Defendant's counsel. No other witnesses had been called to testify as of adjournment on today's date. It is noted that both counsel have requested that the stenographer transcribe and file the notes of testimony from today's proceeding. By the Court, I I//, al J. e JJ. V Gail Guida Souders, Esquire 111 Locust Street Harrisburg, PA 17101 For Plaintiff Alyssa Knisely, Esquire 395 St. Johns Church Road Suite 101 Camp Hill, PA 17011 For Defendant :mae MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DOMESTIC RELATIONS SECTION --- STEPHN M. DEPPEN, ?M PACSES NO. 972107472 ' r- ? Defendant DOCKET NO. 539 SUPPORT 2005 ° a MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEA' W Plaintiff CUMBERLAND COUNTY, PENNSYLU-;kNIA+ vs. CIVIL ACTION - LAW STEPHEN M. DEPPEN, NO. 06-2782 CIVIL Defendant JP? IN RE: EXCEPTIONS TO THE SUPPORT MASTER'S INTERIM ORDER ORDER AND NOW, this day of June, 2011, the interim order dated February 25, 2011, is herewith made a final order of court. BY THE COURT, ? Maryellen L. Deppen, Pro Se Plaintiff ? Stephen M. Deppen, Pro Se Defendant Michael Rundle, Esquire Support Master ?o W leJ PAS AiS Am MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. DOMESTIC RELATIONS SECTION STEPHN M. DEPPEN, PACSES NO. 972107472 Defendant DOCKET NO. 539 SUPPORT 2005 MARYELLEN L. DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW STEPHEN M. DEPPEN, NO. 06-2782 CIVIL Defendant IN RE: EXCEPTIONS TO THE SUPPORT MASTER'S INTERIM ORDER OPINION AND ORDER The facts in the present case were previously set forth by this Court in an opinion and order dated December 22, 2010. We review those facts necessary for the disposition of this case. Maryellen L. Deppen (Plaintiff) and Stephen M. Deppen (Defendant) are the natural parents of two children, Alexander M. Deppen and Ashton J. Deppen. Following the divorce of the parties on December 9, 2009, the defendant filed a petition for modification of a previously entered support order and a hearing was held on July 12, 2010, before Support Master Michael R. Rundle. In the Support Master's Report and Recommendation, the Master stated in his findings of fact that plaintiff was totally disabled. Using a zero earning capacity for plaintiff, the Master recommended, inter alia, that effective April 25, 2010, the defendant shall pay as support for his children, the sum of $854.00 per month. Defendant subsequently filed exceptions to the recommendation of Support Master Rundle, as well as a brief in support of the exceptions. The defendant argued that the plaintiff is not totally disabled and as such, an earning capacity should have been attributed to her. In the December 22, 2010 opinion and order before this Court, we found that there was nothing in the record to rebut the defendant's assertion that he was not shown a document proffered by the plaintiff, which purportedly verified her hearing loss. We determined that an accommodation which must be extended to a pro se litigant is the opportunity to examine and respond to the exhibits proffered by an opponent. Because it appeared that the defendant was not given that opportunity, we remanded the matter to the Master for a re-examination of the earning capacity of the plaintiff. A second hearing was held before the Support Master on February 16, 2011. In the Master's findings of fact, dated February 17, 2011, it was determined that the plaintiff has been receiving social security disability income since 1995 or 1996, due to plaintiff's profound hearing loss since she contracted meningitis at the age of five. Because of her loss of hearing, plaintiff attended elementary school for hearing impaired children. Furthermore, the plaintiff received a high school diploma from Cumberland Valley High School after completing a special education curriculum through the Capital Area Intermediate Unit in 1991. The Master also concluded that the plaintiff had either quit or been terminated from prior employment because of difficulties associated with her loss of hearing. Plaintiff offered as evidence of her hearing loss the same document which she provided in the first hearing before Master Rundle. The document was entered as plaintiff's exhibit No. 1 but was not made part of the record because Master Rundle sustained defendant's objection that the document was hearsay. However, it is important 2 to note that the defendant was given a copy of the document and was therefore afforded the opportunity to review it. Following the first hearing before Master Rundle, the defendant argued that plaintiff was able to work and earn up to $1,000.00 per month while still retaining her ability to receive social security disability benefits. He set forth this contention in support exceptions filed August 5, 2010, as well as in a brief in support of his exceptions to the initial recommendation of Master Rundle, dated July 15, 2010. Defendant reiterated this argument at the most recent hearing, and attempted to buttress this claim with a "fact sheet from the social security office.", Master Rundle proceeded to determine what the support obligation for plaintiff would be if he were to accept defendant's argument that plaintiff should be imputed with an earning capacity. Using plaintiff's last employment as guidance, Master Rundle calculated what her gross monthly earnings would be if she were imputed with a forty-hour work week earning capacity at an hourly rate of $8.00 per hour. After adding her $300.00 per month alimony, the Master concluded that she would have a net monthly income for support purposes of $1,447.00. Utilizing a net monthly earning capacity for the plaintiff of $1,447.00 and a net monthly income for the defendant of $2,895.00, the defendant's child support obligation would be $857.00 per month. This differs from the prior calculation by only $3.00 per month, as defendant's ' According to the transcript of the February 16, 2011 hearing, the fact sheet was marked as defendant's exhibit No. 1. However, in the index of exhibits presented to this Court, Defendant's exhibit No. 1 is the vocational rehabilitation services report proffered by defendant that presented plaintiff's prior work history as well as her current ability to perform certain jobs, taking into consideration her hearing loss. This was offered as proof that plaintiff should have been assigned an earning capacity. Defendant offered the vocational report as an expert opinion. Master Rundle held that an expert opinion document is considered hearsay without the individual that rendered the opinion being present to testify and, as such, did not enter the document into the record. In regards to the fact sheet, there is no testimony in the hearing about the document being made part of the record. Defendant requested that the document be entered, and it was marked as defendant exhibit No. 1. We can opine, however, that the reasoning behind the Master's decision to not accept the fact sheet was because he considered it too, to be hearsay. 3 obligation for child support currently stands at $854.00 per month. As such, Master Rundle again concluded in his recommendation, dated February 17, 2011, that defendant's child support obligation is $854.00 per month. This was entered as part of an interim order of court, dated February 25, 2011. In defendant's most recent support exceptions, dated March 18, 2011, the defendant again argues that plaintiff can earn up to $1,000.00 per month and still retain her current level of social security disability income. He has, however, failed to establish that such an earning threshold applies to the plaintiff and Master Rundle refused to accept the defendant's contention without some evidence. In the meantime, it is clear that the plaintiff suffers from severe hearing loss. She has been receiving disability benefits for at least fifteen years. The findings of fact and recommendations made by Master Rundle are amply supported by the record. ORDER AND NOW, this I !` day of June, 2011, the interim order dated February 25, 2011, is herewith made a final order of court. BY THE COURT, Kevin . ess, P. J. Maryellen L. Deppen, Pro Se Plaintiff Stephen M. Deppen, Pro Se Defendant Michael Rundle, Esquire Support Master 4 MARY ELLEN DEPPEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW STEPHEN DEPPEN, Defendant NO. 06-2782 CIVIL TERM c ? r IN RE: PLAINTIFF'S PETITION FOR MODIFICATION r*" cr and DEFENDANT'S COUNTERCLAIM IN CUSTODY © ? d BEFORE OLER. J. ORDER OF COURT rv AND NOW, this 9`i' day of August, 2011, upon consideration of Plaintiff Father's Petition To Modify Custody Order, and of Defendant's Answer and Counterclaim in Custody, with respect to the parties' children, Alexander Maxwell Deppen, (d.o.b. May 5, 1998) and Ashton Joseph Deppen (d.o.b. May 3, 2003), and following a hearing held on April 11, 2011, and August 1, 2011, it is ordered and directed as follows: 1. Legal CustCustody. The parties, Mary Ellen Deppen and Stephen Deppen, shall have shared legal custody of the minor children Alexander Maxwell Deppen and Ashton Joseph Deppen. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. a. Primary Physical Custody. Mother shall have primary physical custody of the children. b. Temporary or Partial Physical Custody. Father shall have temporary or partial physical custody of the children at the following times: (1) During the School Year: (a) On alternating weekends, from Friday at 3:00 p.m. until Sunday at 8:00 p.m.; provided, that where the following Monday is a federal holiday Father's period of temporary or partial physical custody shall extend until 8:00 p.m. on that Monday; (b) During Christmas vacation, from 3:00 p.m. on Christmas Day until December 29 at 3:00 p.m.; and (c) On Thanksgiving Day, from 3:00 p.m. until 8:00 p.m. (2) During the summer; One week out of every four weeks, from Sunday at 8:00 p.m. until Sunday at 8:00 p.m. 3. Transportation for purposes of custody exchanges shall be the responsibility of the party receiving custody. 4. In the event that either party will be taking the children outside the Commonwealth of Pennsylvania for a period of custody, prior to the departure the traveling parent shall provide the non-traveling parent with a trip itinerary, including a telephone contact where the traveling party and children can be reached during the time they are away. 5. The parties may deviate from the terms of this order by mutual consent. BY THE COURT, J esley Ol , Jr., J. Gail Guida Souders, Esq. 111 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff Alyssa Knisely Esq. 395 St. Johns Church Road Suite 101 Camp Hill, PA 17011 Attorney for Defendant copte5 me .Ind 'IIo/II E STEPHEN DEPPEN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW NO. 06-2782 CIVIL TERM -,, MARY ELLEN DEPPEN, -a. Defendant IN CUSTODY r6m IN RE: P ETITION TO MODIFY CUSTODY ORDER `;C' ORDER OF COURT AND NOW, this 1st day of August, 2011, upon'-- consideration of Plaintiff/Father's Petition To Modify Custody Order, and of Defendant's Answer and Counterclaim in Custody, with respect to the parties' children, Alexander Maxwell Deppen (date of birth, May 5, 1998) and Ashton Joseph Deppen (Date of birth, May 3, 2003), and following a second day of hearing, the record is declared closed and the matter is taken under advisement. ./ Gail Guida Souders, Esquire 111 Locust Street Harrisburg, PA 17101 / For Plaintiff d Alyssa Knisely, Esquire 395 St. Johns Church Road Suite 101 Camp Hill, PA 17011 For Defendant :mae By the Court,