HomeMy WebLinkAbout06-29084PP
SHANE CAREY
Plaintiff,
Vs.
ELLEN D. CAREY,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0(o -,296,P (2>C???i.?.-?
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
AV
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 6 (" 2 "F
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
sbkoaeAcomcast.net
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNT/Y,, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE & CUSTODY
COMPLAINT IN DIVORCE AND CUSTODY
AND NOW comes the above-named Plaintiff, SHANE CAREY, by and through
his attorney, SHANE B. KOPE, ESQ., and makes the following Complaint in Divorce:
1. The Plaintiff is SHANE CAREY, an adult individual who currently resides
at 720 N. Middletown Road, Carlisle, Cumberland County, Pennsylvania, 17013.
2. The Defendant is ELLEN D. CAREY, an adult individual who currently
resides at 12 Beecher Dr., Carlisle, Cumberland County, Pennsylvania, 17013.
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 February 14, 1995 in
Cumberland County, Pennsylvania,
5. The Parties separated on May 27, 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 II
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 Specked 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
REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) AND
3323(b) OF THE DIVORCE CODE
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 child who
resides with both Plaintiff and Defendant at the current time:
NAME AGE SEX D.O.B.
Damian Carey 12 Male November 13, 1993
13. For the preceding five years the child has resided with the following
persons and at the following addresses:
PERSONS
ADDRESS
DATES
Ellen D. Carey
12 Beecher Drive
Carlisle, PA
May 2005-Present
Ellen D. Carey 12 Beecher Drive 1997-May 2005
Shane Carey Carlisle, PA
16. Plaintiff has not participated in any other litigation concerning the custody
of the child in this or any other state.
17. Plaintiff knows of no person not a party to these proceedings who has
physical custody of the child or who claims to have custody, partial custody or visitation
rights with respect to the child.
18. Plaintiff is requesting shared 50150 legal and physical custody of the child.
19. 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
shared legal custody of the child.
COUNT IV
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 (a) OF THE DIVORCE CODE
20. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
21. 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.
22. Plaintiff and Defendant have been unable to agree to the equitable
distribution of said property, as of the date of filing of this Complaint.
r
23. 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.
Respectfully Submitted,
Dated: rl rl2ooC
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VERIFICATION
I, Shane Carey, the Plaintiff in this matter, have read the foregoing Complaint. 1
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: S- lS - U (o
Shane Caf y
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KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkopena.comcast. net
Attorney for Plaintiff
SHANE CAREY IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO.
ELLEN D. CAREY, CIVIL ACTION - LAW
Defendant. IN CUSTODY
CUSTODY COMPLAINT
1. The Plaintiff is Shane Carey residing at 720 N. Middletown Drive, Carlisle,
Cumberland County, Pennsylvania.
2. The Defendant is Ellen D. Carey residing at 12 Beecher Drive, Carlisle,
Cumberland County, Pennsylvania.
3. Plaintiff seeks 50-50 shared physical and legal custody of the following child:
NAME PRESENT RESIDENCE AGE
Damian Carey 12 Beecher Drive 12 years
Carlisle, D.O.B. 11/13/93
Pennsylvania
4. Damian Carey (hereinafter "child") was born out of wedlock.
5. The child is presently residing with the Defendant.
6. During the past five years, the child has resided with the following persons and at
the following addresses:
7
8
9.
10.
11
12.
PERSONS
Ellen D. Carey
Ellen D. Carey
Shane Carey
ADDRESSES
12 Beecher Drive
Carlisle, PA
12 Beecher Drive
Carlisle, PA
DATES
May 2005-Present
1997-May 2005
The mother of the child is Ellen D. Carey currently residing at 12 Beecher Drive,
Carlisle, Cumberland County, Pennsylvania.
She is separated
The father of the child is Shane Carey currently residing at 720 N. Middletown
Drive, Carlisle, Cumberland County, Pennsylvania.
He is separated.
The relationship of Plaintiff to the child is that of Father.
The Plaintiff does not currently reside with anyone.
The relationship of Defendant to the child is that of Mother.
The Defendant currently resides with the following persons:
NAME
Damian Carey
RELATIONSHIP
Child
Plaintiff has not participated as a party in previous litigation concerning the
custody of the child
Plaintiff does not know of a person not a party to the proceeding who has
physical custody of the child or claims to have custody or visitation rights with
respect to the child.
13.
14.
Plaintiff is requesting shared 50/50 legal and physical custody of the child.
The best interest and permanent welfare of the child will be served by the
granting relief requested because:
(a) The minor child's emotional and physical well-being will be
continued if he maintains a loving relationship with both parents.
(b) The minor child's emotional and physical well-being will be
continued if the parameters of the current verbal custody
agreement are maintained.
15.
relief:
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
(a) Award Plaintiff 50-50 shared physical and legal custody of the child.
Respectfully Submitted,
Dated
KOPE & ASSOCIATES
By:
e B. Ko Esq.
S?s-1ZOOC
VERIFICATION
I, Shane Carey, 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: /5 -d6
Shane Cffey
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SHANE CAREY IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
06-2908 CIVIL ACTION LAW
ELLEN D. CAREY
IN CUSTODY
DEFENDANT
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 28, 2006 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or 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 P. Gree Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
N1 ?O
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SHANE CAREY, IN THE COURT
CUMBERLAND C
Plaintiff
NO. 064
V.
CIVIL i
ELLEN D. CAREY,
IN
Defendant
ORDER OF COURT
AND NOW, this j `i? day of August, 2006, upon c
Custody Conciliation Summary Report, it is hereby ordered and
1. Legal Custody. The parties, Shane Carey and E
shared legal custody of the minor child, Damian Carey, born AF
shall have an equal right, to be exercised jointly with the other
non-emergency decisions affecting the child's general well-being
to, all decisions regarding his health, education and religion. P
Pa. C. S. §5309, each parent shall be entitled to all records and it
child including, but not limited to, medical, dental, religious or sct
address of the child and of the other parent. To the extent one
any such records or information, that parent shall be required to
thereof, with the other parent within such reasonable time as
information of reasonable use to the other parent.
2. Physical Custody. Mother shall have primary
Father's rights of partial custody and visitation, which shall be
A. When Father is not incarcerated, Father's perioi
occur on each weekend from Friday after Father is
Sunday after Mother is off work.
B. At such other times as the parties agree.
... _ VED J
, PENNSYLVANIA
CIVIL TERM
- LAW
tion of the attached
as follows:
'len D. Carey, shall have
ril 13, 1993. Each parent
parent, to make all major
including, but not limited
irsuant to the terms of 23
formation pertaining to the
ool records, the residence
parent has possession of
share the same, or copies
to make the records and
custody subject to
as follows:
Is of partial custody shall
off work and continue until
C. While Father is incarcerated and on work rel ase, if Father is granted
weekend leave for purposes of family visits, he s all be permitted periods of
partial custody or visitation of up to ten (10) hou s upon two days notice to
Mother.
NO. 06-2908 CIVIL TERM
D. Transportation. The parent relinquishing custody
transportation incident to the custodial exchanges
there may be some periods of time during which I
transportation himself, but will be making alternate
to safely carry out this responsibility.
BY THE COURT:
t
if the child shall supply
Mother recognizes that
tther cannot provide the
rranoements with others
J.
Dist: Shane B. Kope, Esquire, 4660 Trindle Road, Ste 201, Camp Hill, PA 17011
Ellen D. Carey, 12 Beecher Drive, Carlisle, PA 17015
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SHANE CAREY,
Plaintiff
V.
ELLEN D. CAREY,
Defendant
IN THE COURT
CUMBERLAND C
NO. 064
CIVIL i
IN
IN ACCORDANCE WITH CUMBERLAND COUNTY
1916.3-8, the undersigned Custody Conciliator submits the 1
1. The pertinent information concerning the child
litigation is as follows:
NAME
Damian Carey
DATE OF BIRTH
April 13, 1993
AUG U 9 20U6
, PENNSYLVANIA
CIVIL TERM
ON - LAW
CUSTODY
OF CIVIL PROCEDURE
g report:
is the subject of this
Mother
2. Father filed Custody Complaint on May 19, 200 . A Custody Conciliation
Conference was held on July 28, 2006. Present for the conf rence were: the Father's
counsel, Shane B. Kope, Esquire; the Mother, Ellen D. Carey articipated pro se. Father
did not participate in the conference because he was incar rated at the Cumberland
County Prison on alcohol-related charges. Because he was scheduled to begin work
release on the day of the Conciliation Conference, he was not able to attend.
3. Father's counsel had the authority to enter
with regard to the custodial schedule.
3. Mother and Father's counsel reached an
attached.
v qJ6
Date
Custody
on behalf of his client
in the form of an Order as
Greevy,
:280595
KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle -Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@kopelaw.com
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-2908
CIVIL ACTION - LAW
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Plaintiff, SHANE CAREY, moves this court to appoint a Master with respect to
the following claims: Equitable Distribution of Marital Property and in support of his
motion states:
1. Discovery is not complete as to the claims for which the appointment of a Master
is requested. The only discovery to be completed is the valuation of the marital home.
The appraisal will be completed closer to the date of the Master's Hearing.
2. Defendant, Ellen D. Carey, 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.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take one (1) day.
WHEREFORE, Plaintiff, Shane Carey, respectfully requests that the court
appoint a master with respect to her claim for Equitable Distribution of Marital Property.
Respectfully Submitted,
KOPE & ASSOCIATES, LLC
By:
B. Ko a quire
Attorney for Plaintiff
Dated: 1 q7-7-Azero
01-29-'07 12;05 FROM-Bose Metal Systems 7172450890
VERIFICATION
T-912 P001/001 F-068
I, Shane Carey, the Plaintiff in this matter, have read the foregoing Motion for
Appointment of a Master. I verify that my averments in this Motion 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:
etc Zy
KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@kopelaw.com
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
Attorney for Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-2908
: CIVIL ACTION -- LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Shane B. Kopa do hereby certify that on this 9 a day of
tJAP , 20_Q7 , I served a true and correct copy of the foregoing Motion for
Appointment of Master and Order via certified and regular U.S. First Class mail, postage
prepaid, addressed as follows:
Ellen D. Carey
12 Beecher Drive
Carlisle, PA 17013
KOPE & ASSOCIATES, LLC
5 sq.
I. D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
(Attorney for Petitioner)
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KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope(& -comcast.net
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-2908
CIVIL ACTION - LAW
IN DIVORCE
INCOME AND EXPENSE STATEMENT OF
SHANE CAREY
PART I. INCOME
A. EMPLOYMENT INFORMATION
EMPLOYER #1 Rose Metal System
ADDRESS 1460 Trindle Road, Carlisle, PA 17013
POSITION Laborer
PAY PERIOD $14.75/hour
B. EMPLOYMENT INCOME:
DESCRIPTION HUSBAND WIFE
Gross Pa Per Pa Period $589.92
FICA $36.58
Medicare $8.56
Federal Tax $50.57
State Tax $18.11
Local Tax $9.44
PA Unemployment $0.53
Mandator Retirement
SUBTOTAL
Dependant Life
Enhanced Medical
Pre Tax Dental
Pre Tax Vision
Supplemental Life
Group Term Life
401K
NET INCOME PER PAY PERIOD $466.13/week
NET PAY PER MONTH $2,019.90
C_ EXPENSES:
DESCRIPTION HUSBAND WIFE
HOME EXPENSES
Rent $400.00
Cumberland Count Prison - 23% of net a $107.21
Second Mortgage/Home Equity Loan
Maintenance and Repairs
Electric $70.00
Gas
Oil
Telephone $35.00
Water
Sewer
Trash
EMPLOYMENT
Public Transportation
Lunches
Other Employment Expenses
TAXES
Real Estate Taxes
Personal Property
Incomes Taxes Not Withheld
Per Capita/Occupation Taxes
INSURANCE
Homeowners Insurance
DESCRIPTION HUSBAND WIFE
Automobile Insurance
Accident Insurance
Health Insurance
Other Insurance
AUTOMOBILE EXPENSES
Payments
Fuel
Maintenance and Repair
License and Registration
MEDICAL EXPENSES NOT REIMBURSED BY
INSURANCE
Doctor
Optical
Dental
Orthodontic
Hospital
Medicine
Special Needs/Thera
EDUCATIONAL EXPENSES
Private School
Parochial School
Colle eNocational
Religious Training or Education
DESCRIPTION HUSBAND WIFE
PERSSONAL EXPENSES
Clothing $100.00
Food $433.00
Barber/Hairdresser $15.00
Memberships
Other Personal Expenses $200.00
MISCELLANEOUS EXPENSES
Household Help
Child Care
Newspaper/Magazine/Books
Entertainment
Pa TV
Vacations
Gifts
Le al Fees $320.00
Charitable Contributions
Other Child Support $216.67
Other Spousal Support
Other Laundry $21.67
TOTAL EXPENSES $1,918.55/month
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KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@kopelaw.com
I
!-B 0 12001
Attorney for Plaintiff
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-2908
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this day of , 20 07 ,
'W'esquire, is'appointed matter with respect to the
following claims: Equitable Distribution.
By the
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KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@kopelaw.com
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-2908
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Lesley J. Beam, Esq, of Kope & Associates, LLC
of 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the
Plaintiff, Shane Carey, in connection with the above-captioned divorce action.
Respectfully Submitted,
BY
Date: 0 Lesl J./Beam, Esquire
ID 91175
4660 Trindle Road
Suite 201
Camp Hill, PA 17011
(717) 761-7573
A#
CERTIFICATE OF SERVICE
I, Lesley J. Beam, Esquire do hereby certify that on this 6th day of March, 2007, 1
KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@kopelaw.com
Attorney for Plaintiff
SHANE CAREY IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 06-2908
ELLEN D. CAREY, CIVIL ACTION - LAW
Defendant. IN DIVORCE
served a true and correct copy of the foregoing Praecipe to Enter Appearance via
regular U.S. First Class mail, postage prepaid, addressed as follows:
Ellen D. Carey
12 Beecher Drive
Carlisle, PA 17013
KOPE & AS
By:
TES, LLC
Lesle Bdam, Esq.
1. D. 9 175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
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SHANE CAREY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
NO. 06 - 2908 CIVIL
ELLEN D. CAREY,
Defendant : IN DIVORCE
PRE-TRIAL STATEMENT OF
ELLEN D. CAREY
On behalf of the Court, I am entering my pretrial statement as required by P.R.C.P.
1920.33(b) in reference to the Right to Defend Claims by Plaintiff Shane Carey.
Defendant, Ellen Carey wishes to enter the statement as follows:
1. Inventory of Ellen D. Carey
2. Income and Expense Statement of Ellen D. Carey
3. Ellen Carey intends to offer the following exhibits as evidence:
a. Select Portfolio Servicing Inc. Monthly Mortgage Statements from March
2007 for April Payment.
b. 2004 Tax Assessment for Parcel 31-12-0332-040.
c. Notarized letter from Shane Carey giving up all rights to property and
contents of 12 Beecher Drive, Carlisle PA.
d. 1979 Land Survey showing subdivision of lots for sons and daughters.
e. Expense Statement of Repairs needed for sale of residence if needed.
f. Statement from Donald Beecher stating that land was gift to Ellen Carey
from parents.
g. My Home Gain.com Website for sale price of homes in area.
h. Pictures of homes from My Home Gain.com for comparison.
4. Ellen D. Carey is disputing the Parcel 31-12-0332-040 which is valued at $39,000
by 2004 tax assessment as Martial Property due to a gift from parents Donald and
Viola Beecher and is exempt by PA Divorce Law.
5. Ellen D. Carey would like to enter the debt of 12 Beecher Drive, Carlisle, PA
17015 in the amount of $70,807.62. This debt initially incurred during their
marriage on or around 1997. Ellen has been making payments to said debt of
$687.00 monthly since date of separation. Payment made during separation total
in the amount of $15,801 and should be credited in distribution. Evidence will be
most current mortgage statement showing current balance. Please note all taxes
paid for residence should also be credited.
6. Proposed resolution by Ellen D. Carey in the Division of Martial Property is as
follows: The current value of said property is $43,610.00 by 2004 tax assessment.
This value is excluding land which was a gift which is valued at $39,000. The
liability of debt during marriage is $70,808. There is no equity in the property but
actually a liability of both parties of $27,208. I should receive a credit of $7,900
which is half of the $15,801 paid during separation to provide a stable home for
child of marriage. I feel resolution should be that Ellen Carey be awarded
$21,504 which would include half of debt from mortgage and payment made to
mortgage during separation. Also please note that if house were to be sold 10%
would be deducted from equity for closing costs and commissions. Also note that
repairs would be needed for sale of property which would be deducted from
equity.
7. Ellen Carey would like to reserve the right to enter further evidence or witnesses
at a later time if needed due to possible discovery of any other matters brought up
by Plaintiff.
I verify that the statements made in this Pre-Trial Statement are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.
§ 4904 relating to unworn falsification to authorities.
Ellen D. Carey
q-(a -07
Date
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SHANE CAREY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 06 - 2908 CIVIL
ELLEN D. CAREY,
Defendant IN DIVORCE
INVENTORY OF ELLEN D. CAREY
Defendant files the following inventory of all property owned or possessed by either
party at the time this action was commenced and all property transferred within the
preceding three years.
Defendant verifies that the statements made in this inventory are true and correct.
(Plaintiff) (Defendant) understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
(?? &O
Ellen D. Carey
-/a-o?
Date
ASSETS OF THE PARTIES
Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the
following pages.
1. Real Property
MARITAL PROPERTY
Defendant lists all marital property in which either or both spouses have a legal or equitable interest
individually or with any other person as of the date this action was commenced:
Item Description Names of
Number of Property All Owners Value of Property
1 Residence of 12 Beecher Shane Carey $ 82,610 based on 2004 tax
Drive, Carlisle PA 17015 Ellen Carey assessment
NON MARITAL PROPERTY
Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be
excluded from marital property:
Item Description Value of Reason for
Number of Property Property Exclusion
$39,000 based on Gift from
2 Land located at parcel #31-12-0332-040 2004 tax assessment Parents
before
marriage
LIABILITIES
SELECT
SERVICING, inc. Page 1 of 1
P.O. Box 551170, Jacksonville, FL 32255-1170
I -
#BWNJXZF
Shane Carey 32M
Ellen Carey
12 Beecher Dr
Carlisle PA 17013
MONTHL Y MORTGAGE STATEME NT
V
m
Statement Date:
Customer Service
Monday- Friday
03/16/07
1-800-258-8802
7:00AM - 8:OOAM ET
Saturday 8.00AM - 12:00AM ET
For o9w unpodant contact inkxma w see the reverse We
Property Address: 12 BEECHER DR
CARLISLE PA 17013
Loan Number. 0002938124 Current Interest Rate: 10.750%
YTD Interest Paid YTD Taxes Paid YTD Principal Paid
THIS IS NOT AN ATTEMPT
TO COLLECT A DEBT.
$1,270.04 $.00 $104.06
Current Principal Taxes & Current Unapplied
Balance' Insurance Balance
THIS STATEMENT IS BEING SENT FOR
INFORMATIONAL PURPOSES ONLY.
$70,807.62 $.00 $100.00
If you have any questions regarding your loan or this statement,
please call 1-800-258-8602.
You can access your automated loan information 24 hours a
day or make a payment online by visiting our web site at
www.spservicing.com or by calling the Customer Service number
shown l above.
We acknowledge your bankruptcy filing. Unless
otherwise instructed by the bankruptcy court, you
should continue to make the payments required under
your ban documents to the address listed on the
attached coupon.
ACTIVITY FROM 03/16 /07
Taus s Late Ezpemses Pd
Date Desorlatiom Prim Hal Interest Iasuraaoe Chases Oaaool BAIL Other Fees by servioer Total '
02115 BEC BALANCE 670,959.88 $634.79 $0.00 $37.40 ($100.00) $3,40.3S 0234.66 $71,907.09
_0_._00 __O OD _ 087-054-- _ ----------
03/02 PAYMENT 0.00 0.00 0.00 0.00 787.05 0.00 0.00 787.05
03/02 PAYMENT (52.26) (634.79) 0.00 0.00 0.00 0.00 0.00 (687.05)
03/02 PAYMENT 0.00 0.00 0.00 0.00 (100.00) 0.00 0.00 (100.00)
03/12 INTEREST ON ADV 0.00 0.00 0.00 0.00 0.00 1.93 0.00 1.93
03/16 ENDING BALANCE $70,907.62 $0.00 $0.00 $37.40 ($100.00) $142.28 $234.66 $71,121.96
IMPORTANT MESSAGES
'This amount is not a payoff quote. If you want a payoff quote,
please see instructions on reverse side.
Any payments received after the Statement Date noted above will
be reflected on your next statement.
Per IRS regulations all 2006 year end statements will be mailed no r
later than January 31, 2007. Requests for copies will be accepted
s
after February 12, 2007.C"I
?t U
PLEASE DETACH AT PERFORATION AND RETURN THIS COUPON WITH PAYMENT
!?._--- - ----
MAILING DATE: March 1, 2004
District: 31 - PENN TOWNSHIP
School..: SIG SPRING SD
Location:
12 BEECHER DRIVE
T-428
LOT 3 PH 37 PG 39
TAXABLE
UNIT/LOT ID..: L-0003
Land Size....: .88 acres
Property Type: RT
Mobile Home - With Land
THIS IS NOT A TAX BILL
Parcel Identifier:
31-12-0332-040.
Old Assessed Value 2004 New Assessed Value
(2000 Market x 100%) Market Value (2004 Market x 100%
Land 27,590 39,000 39,000
Buildings 44,200 43 , 610 43 , 610
TOTAL 71,790 82,610 82,610
2004 Clean and Green Values
Land NOT NOT NOT
Buildings APPLICABLE APPLICABLE APPLICABLE
TOTAL
Clean and Green values apply to some farm and forest land. Such values
become effective only upon application and approval. All applications must be
received by the Assessment Office by 4:30 p.m. on October 15, 2004. Those
previously approved for Clean and Green do not need to re-apply.
Pennsylvania law requires that all real estate be valued as of the most recent county-wide reassessment. The last
reassessment, or tax base year, was 2000. Since the last reassessment in 2000, properties have been assessed at 100% of
Year 2000 value (the "Pre-Determined Ratiol. The new tax base year will be the Year 2004, with the new assessed values
becoming effective for the 2005 tax year. The Pre-Determined Ratio remains at 100%. Your new assessed value equals your
Year 2004 market value.
When the new 2004 tax base is determined after this reassess~4 ail taxing districts are required by law to lower the
millage rate by the same proportion that the tax base went up. The law provides that in the first year after reassessment
(2005), the county and all townships and boroughs may not increase overall revenue on their existing taxbase by more than
five percent (5%) and school districts may not increase overall revenue on their existing taxbase by more than ten percent
(10%). The county and the other taxing bodies will make these decisions next year, and may choose not to increase overall
revenue. Of course, some individual's taxes will go up or down by more than those percentages. The essential point is that
an increase in market values does not necessarily mean a corresponding increase in taxes. Individual changes in
taxes will depend upon a specific property's change as compared to the overall change for the taxing district.
The ESTIMATED impact statement printed below is our best estimate of change, based on 2004 COUNTY tax figures. THIS
ESTIMATE DOES NOT INCLUDE ANY BOROUGH, TOWNSHIP, OR SCHOOL DISTRICT IMPACT.
ESTIMATED COUNTY TAX IMPACT: Current 2004 County mills = 2.352
Adjusted 2004 County mills = 2.138
$ 169 : 2004 County Tax BEFORE Reassessment.
$ 177 : 2004 County Tax AFTER Reassessment.
b 3
I Shane Carey give up all rights to property and
its contents at 12 Beecher Drive, Carlisle, PA
17013
Shane Carey ',X
Subscribed
day of ..,,R?
in and for
State of ,
My
fore?ne, this
a Notary Public
g ' aunty,
NOTARY PUBLIC
expires 7- /
r_aalth of penniiiim ia_
NOTARIAL SEAL
SHIRLEY A KENNEDY, Notary Pubic
Penn Township, Cumberland County
My Commission Expires July 1 S, 2009
Page 1
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Enter New Address.
Property Address Sort by: 91 Proximity Sales Price Sales Date Bedrooms Square Feet 1
8 BEECHER DR 0.02 mi $125,000 12/512003 0 1566
11 BEECHER DR 0.02 mi $130,000 9/5/2001 0 1814
15 BEECHER DR 0.02 mi $126,500 5/1312003 0 1262
19 BEECHER DR 0.03 mi $116,900 515/2003 0 1234
175 CHURCH RD 0.28 mi $78,760 3/12002 0 1081
1066 CENTERVILLE RD 0.58 mi $62,000 11/8/2002 0 1140
1062 CENTERVILLE RD 0.58 mi $89,500 10/3/2002 0 1152
2634 WALNUT BOTTOM RD 0.59 mi $95,000 4!31997 0 1536
1038 CENTERVILLE RD 0.60 mi $79,500 6/28/1996 0 1560
1096 CENTERVILLE RD 0.61 mi $125,000 10/312003 0 1400
1022 CENTERVILLE RD 0.62 mi $59,500 11/1812004 0 920
18 CHURCH RD 0.62 mi $109,900 101152003 0 1104
2621 WALNUT BOTTOM RD 0.63 mi $69,000 8/262002 0 2294
14 CHURCH RD 0.63 mi $69,500 12/62000 0 1120
1119 CENTERVILLE RD 0.65 mi $105,000 12/13/1999 0 1104
2615 WALNUT BOTTOM RD 0.65 mi $150,000 11/30/1999 0 2043
1123 CENTERVILLE RD 0.65 mi $76,500 1214/1997 0 1170
1139 CENTERVILLE RD 0.66 mi $50,000 11/3/1999 0 1148
7 VERNA ST 0.67 mi $124,900 3/2812005 0 1160
2 VERNA ST 0.67 mi $128,000 8142005 0 1060
The sales data presented above is obtained from public records, where available. This information is not an appraisal or a comparative Market Analysis
cannot be used to replace a professional appraisal. Always consult a licensed appraisal professional or experienced, local REALTORS before contempt
estate transaction.
rind a Real Estate Agent • Homes for Sale . Home Values • Mortgage Center • Moving Center - Resource Center
http://www.homegain.com/hpx03/get_cma?ht=hp_hval_module&streetaddress= l 2+Beech... 4/ 11 /2007
SHANE CAREY,
VS.
ELLEN D. CAREY,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06 - 2908 CIVIL
Defendant IN DIVORCE
Statement from Donald Beecher
I, Donald Beecher, gave Parcel #31-12-0332-040 also known as 12 Beecher Drive,
Carlisle, PA 17015 to Ellen Carey as a gift. The parcel was part of my estate and was
subdivided as shown by the 1979 land survey. Each son and daughter received one
parcel.
I verify that the statements made in this statement are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating
to unworn falsification to authorities.
fi?47, "4Z
Donald Beecher
4-1;?-?7
Date
SHANE CAREY,
VS.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
ELLEN D. CAREY,
Defendant
CIVIL ACTION - LAW
NO. 06 - 2908 CIVIL
IN DIVORCE
Statement of Repairs Needed
The following is a list of items in need of repair to 12 Beecher Drive, Carlisle, PA 17015
if house were to be placed on market.
Roofing materials for back porch $180.00
Ceiling for front & back porch $500.00
Paneling for master bedroom due holes in sheet rock $384.00
Wood trim for kitchen and bedroom $786.00
Miscellaneous Supplies and Expenses $300.00
Total materials needed $2150.00
Labor for said repairs based on $35.00 per hour $3500.00
Total cost of materials and labor $5650.00
I verify that the statements made in this statement are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating
to unsworn falsification to authorities.
(a,-
Ellen Carey
- a - 67
Date
n
... 7
-: •
SHANE CAREY,
VS.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
ELLEN D. CAREY,
Defendant
CIVIL ACTION - LAW
NO. 06 - 2908 CIVIL
IN DIVORCE
INCOME AND EXPENSE STATEMENT OF
ELLEN D. CAREY
I verify that the statements made in this Income and Expense Statement are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
b-0
- 0-?-
Ellen D. Carey
L/-
Date
N i
PART L INCOME
Gross Wages Weekly
$330.00
Federal Withholding $ 30.00
[Social Security] FICA $ 20.46
Local Wage Tax $ 5.45
State Income Tax $ 10.13
Mandatory Retirement $
Union Dues $ 0
[Savings Bonds $ 0
Credit Union $ 0
Life Insurance $ 0
Unemployment Comp. $0
[Workmen's] Workers Comp.
Employer Fringe Benefits
Other Child Support
[EXPENSES
Home
Mortgage/rent
Maintenance
Utilities
Electric
Oil
Telephone
Water
Sewer
Employment
Public transportation
Lunch
Taxes
Real Estate
Personal property
Income
Insurance
Homeowners
$ 200.00 Monthly
Weekly Monthly Yearly
$ 687.05
$ 100.00
$ 600.00
$ 35.00
$ 1226.00
$ 10.00
$ 93.91
Automobile
Life
Accident
Health
Other
Automobile
Payments
Fuel
Repairs
Medical
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special Needs (glasses, braces,
devices)
Education
Private school
Parochial school
College
Religious
Personal
Clothing
Food
Barber/hairdresser
Credit payments
Credit card
Charge account
Memberships
Loans
Credit Union
Miscellaneous
Household help
Child care
Papers/books/magazines
Entertainment
$ 207.40
$ 25.00
orthopedic Weekly Monthly Yearly
$ 200.00
$ 300.00
$ 120.00
$ 100.00
Pay TV
Vacation
Gifts
Legal fees
Charitable contributions
Other child support
Alimony payments
Other
Total Expenses
$ 25.00
$ $ 1558.36 $ 2146.00
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KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkopeAkopelaw.com
Attorney for Plaintiff
SHANE CAREY IN THE COURT OF COMMON PLEAS
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 06-2908
ELLEN D. CAREY,
Defendant.
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S PRE-TRIAL STATEMENT
Plaintiff, Shane Carey, by his attorney, Lesley J. Beam, Esquire, files this Pre-Trial
Statement.
TABLE OF CONTENTS
SECTION DESCRIPTION PAGE
- Informational Notes and Sanctions 2-4
1. Background Information 5-9
II. Listing of Marital Assets and Debts 10-1
III. Listing of Household Goods 12
IV. Listing of Non-Marital Assets and Debts 13
V. Income and Expenses 14-17
VI. Expert Witnesses 18
VII. Other Witnesses 18
VIII. Proposed Resolution 19
IX. Proposed Exhibits 20
- Certificate of Service 21
- Exhibits 22-37
Dated: ?/13 107
Respectfully Submitted,
By: _
Lesley/;. Esquire
INFORMATIONAL NOTES AND CODES, RULES & SANCTIONS
NOTES AND CODES
1. 'V" following an entry denotes that the entry (value) is verified by a document.
2. "*" preceding an entry denotes the value of an asset or debt.
3. "H" preceding an entry denotes documents/information to be supplied by
Husband.
4. "W" preceding an entry denotes documents/information to be supplied by wife.
5. "E" preceding an entry denotes documents/information to be supplied by either
party depending on which party has access to the documents/information.
6. "X" preceding an entry denotes an item or value about which a decision has
been made.
7. "NM" preceding an entry denotes non-marital property not subject to equitable
distribution.
8. "A" preceding an entry denotes an agreed upon value.
9. "E" preceding an entry denotes documents/information of general note.
10. "Z" preceding an entry denotes documents/information of special note.
11. The values used in various Tables herein may, in some cases, be based on
estimated values. Those estimated values are subject to adjustment upon
appraisal or otherwise.
12. Any adjustment figures used in the various tables herein for illustration purposes
only and are not to be deemed a representation on the part of the Plaintiff as to
whether an adjustment should be made or the amount of the adjustment, if any is
appropriate.
APPLICABLE RULES
1. Rule 1920.33(b)(1) (i): The Pre-Trial Statement shall include a list of the assets
which may be in chart form, specifying the marital assets, their value, the date of
valuation, whether any portion is non-marital; and any liens and encumbrances
thereon.
2. Rule 1920.33(b)(9): The Pre-Trial Statement is to include, where there is a
dispute, the description and value of any items of tangible personal property, the
2
e
method of valuing each item, and the evidence, including documentation, to be
offered in support of the valuation.
3. Rule 1920.33(b)(10): The Pre-Trial Statement shall include a list of the marital
debts including the amount of each debt as of the date of separation, the date on
which the debt was initially incurred, the initial amount of the debt and its
purpose, the amounts and dates of payments made since separation, the
evidence that will be offered in support of the claim.
4. Rule 1920.33(b)(7): The Pre-Trial Statement shall include the value of the
pension or retirement benefits, the marital portion thereof, and the facts and
documentation upon which the parry relies to support the valuation.
5. Rule 1920.33(b)(5)(6): The Pre-Trial Statement shall include the party's gross
income from all sources, each payroll deduction, and the party's net income,
including the party's most recent federal and state income tax returns and pay
stubs. If the party intends to offer testimony as to his or her expenses, the party
must supply a current expense statement in the form required by the practice and
procedure governing an action in support.
6. Rule 1920.33(b)(8): If there is a claim for counsel fees, the Pre-Trial Statement
shall include the amount of the fees to be charged; the basis for the charge; and
a detailed itemization of the services rendered.
7. Rule 1920.33(b)(2): The Pre-Trial Statement shall include the name and
address of each expert the party intends to call at trial as a witness. The report
of each expert shall be attached to the Pre-Trial Statement. The expert report
shall describe witness's qualifications and experience and state the substance of
the facts and opinions to which the expert is expected to testify and a summary
of the grounds of each opinion.
8. Rule 1920.33(b)(3): The Pre-Trial Statement shall include the name, address
and a short summary of testimony of each person, other than a party, whom the
party intends to call at trial as a witness.
9. Rule 1920.33(b)(11): The Pre-Trial Statement shall include a proposed
resolution of the economic issues.
10. Rule 1920.33(b)(4): The Pre-Trial Statement shall include a list of all exhibits a
party expects to offer into evidence, each containing an identifying mark. All
Exhibits that do not exceed three (3) pages shall be attached. All Exhibits over
three (3) pages shall be described.
3
SANCTIONS
11. Rule 1920.33(c): If a party fails to file either an Inventory as required by
subdivision (a) or a Pre-Trial Statement as required by subdivision (b), the Court
may make an appropriate Order under Rule 4019(c) governing sanctions.
12. Rule 1920.33(d)(i): A party who fails to comply with the requirement of
subdivision (b) of this Rule (the filing of a Pre-Trial Statement with the information
set forth in subparagraph (b)) shall, except upon good cause shown, be barred
from offering any testimony or introducing any evidence in support of or
opposition to the claims for the matters not covered therein.
13. Rule 1920.33(d)(ii): A party shall, except upon good cause shown, be barred
from offering any testimony or introducing any evidence that is inconsistent with
or which goes beyond the fair scope of the information set forth in the Pre-Trial
Statement.
4
SECTION I.
BACKGROUND INFORMATION
TABLE #1-A
PARTIES
DESCRIPTION HUSBAND WIFE
Name Shane Carey Ellen D. Carey
Maiden Name
Home Phone 717-440-5198 717-776-4857
Work Phone
Social Security Number 182-56-0071 Unknown
Names and Relationship of
Persons Living with Party Mr. Carey is currently living at the
Cumberland Count Prison No one
Date Party Moved into this
Residence Moved into the Marital Residence
in October 1997 Moved into Marital Residence in
October 1997
Date PA Residency Began Birth Birth
Age 30 36
Date of Birth April 30, 1976 January 19, 1969
Place of Birth Carlisle, PA Carlisle, PA
Race Caucasian Caucasian
Health Status Good Good
Educational Back round 10th grade High School
Current Military Service N/A N/A
Employer's Name and
Address Rose Metal System
1460 Trindle Road
Cam Hill, PA 17011
Unemployed
Occupation Job Position Laborer N/A
Date Employment
Commenced 1995 N/A
Est. Annual Income $30,680.00 NIA
TABLE #1-B
MARRIAGE INFORMATION
DESCRIPTION INFORMATION
Date of Marriage February 14, 1995
Place of Marriage Cumberland County, PA
Date of Separation May 27, 2005
Statement of Marital Problems Leading to
Separation Irreconcilable Differences
Grounds for Divorce 3301 (c) or 3301(d)
Prior Divorce Action Between Parties None
Number of this Marriage for Wife 2
Number of this Marriage for Husband 1
TABLE #1-C
CHILDREN OF THIS MARRIAGE
NAME AGE DATE OF BIRTH CUSTODIAN OR
EMANCIPATION
Damien Carey 14 April 13, 1993 Custodian
TABLE #1-D
SUPPORT FOR THIS MARRIAGE
DESCRIPTION INFORMATION
Name of Part Paying Support Shane Care
Beneficiaries of Support Damien Care
Amount of Support $50.00/week
Allocation None
Agreement or Order None
Date of Agreement None
Docket Number of Support Order None
Comments: None
TABLE #1-E
PRIOR MARRIAGES
PARTY NUMBER OF
MARRIAGE DATE OF
TERMINATION
MANNER OF TERMINATION
Wife 1 1992 Divorce
TABLE #1-F
CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES
PARTY
NAME OF CHILD
DATE OF BIRTH
AGE CUSTODIAN OR
EMANCIPATION
Wife Robert Winters 1/16/1985 22
TABLE #1-G
SUPPORT/ALIMONY FOR PRIOR MARRIAGES/RELATIONSHIP
DESCRIPTION INFORMATION INFORMATION
Name of Party Paying Support N/A N/A
Beneficiaries of Support N/A N/A
Allocation N/A N/A
Agreement or Order N/A N/A
Date of Agreement or Order N/A N/A
Docket Number of Support Order N/A N/A
Comments N/A N/A
TABLE #1-H
PRACFFnINGS INFORMATION:
COMPLAINT
Date of Filing of Complaint May 19, 2006
Date of Service May 28, 2006
Manner of Service Certified Restricted Mail
Type of Divorce Requested No Fault
Economic Claims Raised Equitable Distributions
ANSWER, COUNTERCLAIM ANDIOR OTHER PLEADING RAISING ECONOMIC CLAIMS`
ding
Type of Ple
-
Date of Filing of Pleading
Type of Divorce Requested
Economic Claims Raised
INCOME AND EXPENSE STATEMENTS
Date of Filing of Plaintiff's 18E Statement January 31, 2007
Date of Filing of Defendant's 18E Statement
INVENTORIES
Date of Filing of Plaintiff's Inventory
Date of Filing of Defendant's Inventory
3301 C DOCUMENTS
Date of Plaintiff's 3301(c) Affidavit N/A
Date of Filing of Plaintiff's 3301(c) Affidavit N/A
Date of Defendant's 3301(c) Affidavit N/A
Date of Filing of Defendant's 3301(c) Affidavit N/A
Date of Plaintiff's 3301(c) Waiver of Notice N/A
Date of Filing of Plaintiff's 3301 c Waiver of Notice N/A
Date of Defendant's 3301 c Waiver of Notice N/A
TABLE #1-H
PROCEEDINGS INFORMATION
3301 D DOCUMENTS
Date of In House Separation N/A
Date of Physical Separation Ma 27, 2005
Date of Expiration of 2 Year Separation Period May 27, 2007
Date of Plaintiff's 3301 d Affidavit N/A
Date of Filing Plaintiff's 3301(d) Affidavit N/A
Date of Service of 3301 d Affidavit N/A
Manner of Service of 3301 d Affidavit N/A
Date of Plaintiff's Notice of Intent to Request Entry of
Divorce Decree and Praeci a to Transmit Record
N/A
Date of Service of Plaintiff's Notice to Request Entry
Of Divorce Decree and Praeci a to Transmit Record
N/A
Manner of Service of Plaintiff's Notice to Request
Ent of Divorce Decree and 3301 d Counter-affidavit
N/A
BIFURCATION
Has the case been bifurcated? No
Date of Decree Granting Bifurcation
If Bifurcation ranted b Consent or after Hearin
PREVIOUSLY RESOLVED ISSUES
Issue #1 Resolution
Issue #2 Resolution
SECTION II.
MARITAL ASSETS AND DEBTS
The following Table #2 sets forth the listing of the marital assets and debts of the
parties:
TABLE #2
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF PROPOSED PROPOSED
PROPERTY OR LIABILITY VALUE ASSET OR NET VALUE DISTRIBUTIO DISTRIBUTIO
LIABILITY TO TO WIFE
HUSBAND
REAL ESTATE AND REAL ESTATE MORTGAGE
ITEM 1 (REAL ESTATE #1)
12 Beecher Drive
Carlisle, PA February 25, 2007 $130,000.00
Select Portfolio Servicing March 16, 2007 ($70,807.62)
Net Increase $59,192.38 $59,192.38 $29,596.19 $29,596.19
Comments:
* 3/16/07 mortgage @ 70,807.62 d
?? Mortgage payment @ 687.05 d
10
TABLE #2
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE VALUE OF PROPOSED PROPOSED
PROPERTY OR OF ASSET NET VALUE DISTRIBUTION DISTRIBUTION
LIABILITY VALUE OR TO HUSBAND TO WIFE
LIABILITY
HOUSEHOLD GOODS, FURNISHINGS, PERSONAL EFFECTS, ETC.
ITEM 5
Husband's To Be Agreed Upon
Personalty
ITEM 6
Wife's Personalty
To Be Agreed Upon
TOTALS
Total of Assets and Liabilities
$59,192.38 $29,596.19 $29,596.19
PERCENTAGE OF DIVISION
Totals From Above
$59,192.38 $29,596.19 $29,596.19
Percentage of Total
0.50 0.50
ADJUSTMENT FOR 50/50 DIVISION
Totals From Above
$59,192.38
Amount Due in 50/50 Division
$29,596.19 $29,596.19
Adjustment Figure for 50/50
0.00 0.00
NOTES AND COMMENTS:
11
SECTION III.
LISTING OF HOUSEHOLD GOODS AND CONTENTS
AND OTHER PERSONAL PROPERTY
The following Tables #3-A and #3-13 sets forth the household goods and contents and
other personal property of the parties:
Table #3-A
HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY
IN HUSBAND'S POSSESSION
BASIS FOR METHOD OF
DESCRIPTION OWNER POSSESSOR VALUE EXCLUSION IF VALUATION AND
CLAIMED TO BE SUPPORTING
NOWMARIAL DOCUMENTATION
ITEM
TBD if necessa
Comments:
Table #3-B
HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY
IN WIFE'S POSSESSION
BASIS FOR METHOD OF
DESCRIPTION OWNER POSSESSOR VALUE EXCLUSION IF VALUATION AND
CLAIMED TO BE SUPPORTING
NON-MARIAL DOCUMENTATION
ITEM
See Attached Exhibit
Comments:
12
SECTION IV.
NON-MARITAL ASSETS AND DEBTS
The following Table #4 sets forth the non-marital assets and debts of the parties
Wife is not aware of any non-marital property and, therefore, none is listed on the
following table #4
TABLE #4
NON-MARILTAL PROPERTY AND DEBTS
DESCRIPTION DATE OF VALUE VALUE OWNER POSSESSOR BASIS FOR METHOD OF
EXCLUSION IF VALUATION AND
CLAIMED TO BE SUPPORTING
NON-MARITAL DOCUMENTATION
None Known
13
SECTION V.
INCOME AND EXPENSES
The following Table #6-A sets forth the incomes of the parties.
TABLE #6-A
INCOME OF THE PARTIES
EMPLOYMENT INCOME:
DESCRIPTION HUSBAND
WEEKLY WIFE
Gross Pa Per Pa Period $589.92
FICA $36.58
Medicare $8.56
Federal Tax $50.57
State Tax $18.11
Local Tax $9.44
PA Unemployment $0.53
Mandator Retirement
SUBTOTAL
Group Life
Enhanced Medical
Pre Tax Dental
Pre Tax Vision
Supplemental Life
Group Term Life
401K
NET INCOME PER PAY PERIOD $466.13
NET PAY PER MONTH $2,019.90
14
TABLE #6-B
MONTHLY EXPENSES OF THE PARTIES
DESCRIPTION HUSBAND WIFE
HOME EXPENSES
Rent $400.00
Cumberland County Prison - 23%fl of net a 107.21
Second Mortgage/Home Equity Loan
Maintenance and Repairs
Electric $70.00
Gas
Oil
Telephone $35.00
Water
Sewer
Trash
EMPLOYMENT
Public Transportation
Lunches
Other Employment Expenses
TAXES
Real Estate Taxes
Personal Property
Incomes Taxes Not Withheld
Per Capita/Occupation Taxes
INSURANCE
Homeowners Insurance
15
TABLE #6-B
MONTHLY EXPENSES OF THE PARTIES
DESCRIPTION HUSBAND WIFE
Automobile Insurance
Accident Insurance
Health Insurance
Other Insurance
AUTOMOBILE EXPENSES
Payments
Fuel
Maintenance and Repair
License and Registration
MEDICAL EXPENSES NOT REIMBURSED BY
INSURANCE
Doctor
Optical
Dental
Orthodontic
Hospital
Medicine
Special NeedsfTherapy
EDUCATIONAL EXPENSES
Private School
Parochial School
College/Vocational
Religious Training or Education
16
TABLE #6-B
MONTHLY EXPENSES OF THE PARTIES
DESCRIPTION HUSBAND WIFE
PERSSONAL EXPENSES
Clothing $100.00
Food $433.00
Barber/Hairdresser $15.00
Memberships
Other Personal Expenses $200.00
MISCELLANEOUS EXPENSES
Household Help
Child Care
Newspaper/Magazine/Books
Entertainment
Pa TV
Vacations
Gifts
Le al Fees $320.00
Charitable Contributions
Other Child Support $216.67
Other Spousal Support
Other Laundry $21.67
TOTAL EXPENSES $1,918.55 /month
17
SECTION VI.
EXPERT WITNESSES
The following Table #7 sets forth the listing of the experts who the party intends to call
to testify in this case:
TABLE V
EXPERT WITNESSES
NAME SUBJECT OF REPORT REPORT TO BE
TESTIMONY ATTACHED SUPPLIED
None known at this To be determined Not.available at this To be supplied as soon
time** time available
"Additional expert who may be called to testify are not known at this time. Wife reserves
the right to call additional expert witnesses upon proper notification to the other party once those
expert witnesses are identified and retained.
SECTION VII.
OTHER WITNESSES
The following Table #8 sets forth the listing of the anticipated witnesses other than the
experts who will be called to testify in this case:
TABLE #8
LAY WITNESSES
NAME SUBJECT OF TESTIMONY
History of the marriage; Identification and valuation of marital assets and debts;
Shane Care Other relevant testimony relating to the factors set forth in the divorce code.
"Additional expert who may be called to testify are not known at this time. Wife reserves
the right to call additional expert witnesses upon proper notification to the other party once those
expert witnesses are identified and retained.
18
SECTION VI11.
PROPOSED RESOLUTION
The following is Plaintifrs proposed resolution of the issues presented in this case.
A. DIVORCE:
A No-Fault Divorce Decree should be entered under either section 3301 (c) or
(d).
B. EQUITABLE DISTRIBUTION:
The parties' marital assets and debts should be divided and distributed in
accordance with the schedule set forth in Section II of this Pre-Trial Statement.
19
SECTION IX.
PROPOSED EXHIBITS
The following Table # 10 sets forth Plaintiffs listing the proposed exhibits to be
submitted at the hearing in this case. Exhibits are attached or to be supplied as
indicated below.
TABLE #9
LISTING OF EXHIBITS
No.
DESCRIPTION
ATTACHED TO BE
SUPPLIED
1. Husband's Income and Expenses Statement X
2. Appraisal of 12 Beecher Drive, Carlisle, PA X
3. Select Portfolio Servicing Mortgage Statement x
20
KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkoaeAcomcast.net
Attorney for Plaintiff
GLADYS BROWN-DULL : IN THE COURT OF COMMON PLEAS
Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 02-3839
GARY A. DULL, CIVIL ACTION - LAW
Defendant. IN DIVORCE
CERTIFICATE OF SERVICE
I, Lesley J. Beam, Esquire do hereby certify that on this 13th day of April, 2007, 1
served a true and correct copy of the foregoing Plaintiffs Pre-Trial Statement via regular
U.S. First Class mail, postage prepaid, addressed as follows:
Ellen D. Carey
12 Beecher Drive
Carlisle, PA 17013
KOPE & ASSOCIATES
Lesley/J/. Beam, Esq.
I.D. 9 75 '
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
(Attorney for Petitioner)
21
MARK HECKMAN REAL ESTATE APPRAISERS
1309 Bridge Street, New Cumberland, PA 17070
APPRAISAL OF
Single Family Residential Dwelling
LOCATED AT:
12 Beecher Drive
Carlisle, PA 17013
FOR:
Kope & Associates,LLC
4660 Trindle Rd, Suite 201
Camp Hill, PA 17011
BORROWER:
NA
AS OF:
February 25, 2007
BY:
Mark W. Heckman, General Appraiser
Commonwealth of Pennsylvania Certification No. GA-000666-L
PH (717) 774-7202 FAX(717)774-0383 EMAIL heckmanappreisers@
Mark Heckman Real Estate Appraisers
p...em e..?rleatea UNIFORM RESIDENTIAL APPRAISAL REPORT File No. 12beacher
Prolperly address 12 Beecher Drive city Carlisle State PA Code 17013
4 al lion Deed Book 1 Page 1091 County Cumberland
s PwceNNo. 31-12-0332-040 Tax Year R.E. Taxes E speclat Assessments S None known
Borrower NA Current Owner Car Shane D/ Ellen D O=wsnt: X Owner Tenant Vacant
-
Fee is Leasehold Project Type PUD Condominium HUDNA only) HORS 0.00 Into.
Pro his sad
1 _I XI
Neighborhood or Project Name Penn Township Ma Reference See Parcel No. Census Tract
Sale Price $ NA Date of Sale NA Description end S amamt of loan ch eslcorxcessiors to be paid by seder NA
Lendedplera K0138 & Associates .1-1-C Address 4660 Trindl e Rd Suite 201, Cam Hill PA 17011
ADomim Mark W. Heckman General raiser address 1309 Bri a Street New Cumbe rland PA 17070
Location Urban Suburban X Rural
Btda up Over 75% X 2575% Under 25%
Growth rate Rapid X Stable Slow Predominant
oceupaney
X Owner Single family housing
PRICE AGE
spool G
80 Low 5 present land use %
One N SO%
mty
2.4 family 2% Land use change
likely LkaN
Not like
X In Drocess
Properly values Increasing Stable Declining Tenant 275 High 100 y 70: Si le famil
Demand/supply Shortage X in 6elenoa Oreappy X Varana(ps%) Predominant Commerdel 3% residential firm ric,
tines lJrder3mos. X 3Lrros. OverSmos. vvorvwssx 125-200 30 Vacant 45% and woodland
Note: Raw and the racial con"Ition of the neighborhood are not appraisal factors.
Neighborhood boundaries and characteristics: The subject property is located in Penn Township, Cumberland County. To locate the best
coat rabies available the appraiser may have to extend search parameters to similar neighborhoods within the market area.
Factors that affect the marketability of the properties in the neighborhood (proximity to employment and amenities, employment stability, appeal to market, etc.):
The subject property is in a rural portion of this r 'on. A substantial Portion of the Surrounding land in the area is agricultural and/or
woodlands. Market activity indicates average or better acceptance in the market lace. No unfavorable factors were observed which
would adverse) affect marketability.
Market conditions in the subject neighborhood (including support for the above conclusions related to the trend of property values, demand/supply, and marl etirg time
-- such as data on competitive properties for sale in the neighborhood, description of the prevalence of sales and financing concessions, etc.):
Market conditions at the time of inspection were av a with todstihousin supply and demand being in balance. PropsAy values
have been increasi at a moderate rate within the past year. Marketing time in the subject nei hborhood is estimated at 90-180 da s.
This appraisal is written in a SUMMARY REPORT format.
Project Information for PUDa (If applicable) -- Is the developer/builder in control of the Home Owners' Association (HOA)? YES NO
Approximate total number of units in the subject project Approximate total number of units for sale in the subject project
Describe common elements and recreational facilities:
Dimensions See L al Description Topography Sli ht slope
Site area 0.88 8cre Comer Lot Yes X No
Specific zoning classification and description As3riculture
ZonkV compliance X? Legal Legal mtmmarnin i (@aMFalhaed tine) Illegal No zoning
heal & best use es' ved: X Present use Other use (explain) size Typical for area
Shape Recta ular
Drainage Appears adequate
View Avers e
Utilities Public Other Off-eke Improvements Type Public Private
Electricity X 200 surroere street Paved asphalt X
Gas None Curblguker None
water well Sidewalk None
Sanitary sewer Septic Sys. Street lights None
Storm sewer None None
Comments (apparent adverse easements, encroachments, special assessments, slide areas, lease) or legal no
site im rovemeMs average landscaping, and tyrocal maintenance. The site im em m Lardscepaq Typical
Driveway Surface Crushed stone
Apparent mwamems None apparent
FEMA Special Flood Hazard Area Yes X No
FEMA Zone C Map Date 10-15-1985
FEMA M No. 421584/ 0005 B
nconforming zoning, use, etc.): Site has average
r s and services to the site are ad uate and
accelftble in this market. Th
GENERAL DESCRIPTION
No. of Units One ere are no apparent adverse eas
EXTERIOR DESCRIPTION
Foundation Con; block ements encroachments o
FOUNDATION
Slab None r other adverse conditions
BASEMENT
Area Sq.R. 0 on this site.
INSULATION
Roof
No. of Stories One Exterior Wass Vin Sidin oaWspae 100% %Finished NA Goang
Type(DetlAtt.) Detached Roof Surface Shingle Basement None Gelling Unfinished Waft
Design (Style) Ranch Gutters & Dwnspts. Aluminium sump Plsrp None Walls Cone block Floor
Fastimproposed Existi wmdow Type Double hung Dampness None noted Floor Concrete None
Age (Yrs.) 10 StarNsceens Yes( Yes settlement None noted Outside Entry NA
ERedive AQe (Yrs.) 10 Manufactured House Yes Infestation None not ed
ROOMS kitchen Den Family Rm . Rec. Rm. Bedrooms IBathe Leund Other Area .Ft.
Besemo d 0
Level I 1 Area 1 3 2 X 1,568
Leve12 0
370
Finished area above a contains: 5 Rooms' 3 Bedroom( 3 1: 2 eatW s?., 1.568 u se Feet of G row Living Area
INTERIOR MaterAISIDond'aan
Floors HW/ Vin/ C t/ Ave HEATING
Type Frod Air KITCHEN EQUIP.
Refterstor ? ATTIC
None X AMENITIES
Freplece(s)I CAR STORAGE:
None ?
waft Textured DW/Ave Fuel Kerosene RangeOven X Staffs Palk) Garage of cars
TweF'noh Wood/ Ave CadtionAve a Disposal Drop Staff Deck Attached
Bath Floor Parquet/ Vinyl/ Ave
Bath Wainscot Fi 1855/ Ave COOLING
Central None Dishwasher X
Fa )Hood X Scuttle
Floor Porch Covered X
Fence Wood/ Wire X Detached 2
Buie-In
Doors Hollowcore/ Ave Other Moowave Heated Pool Carport
Condition WasherOver Fhmw Enclosed Porch X Driveway 2
Additional features (special energy efficient items, etc.): Cathedral ceilinas; Parquet flooring
Condition of the improvements, depredation (physical, functional, and external), repels needed, quality of construction remodeling/additions, etc.: These
im ements are of av a quality prefabricated construction and reflect average maintenance. Utility Of floor plan is typical for a
house of this a and style and should receive a e acceptance in the market lace. No unusual functional obsolescence or
wdemal inadequacies were observed.
Adverse environmental conditions (such as, but not limited to, hazardous wastes, toxic substances, etc.) present in the improvements, on the site, or in the
immediate vicinity of the subject property: No adverse environmental conditions were observed in the improvements, on the site or in the
immediate vicinity of the subject property.
crime.Me F.mm 69e PAGE1 OF2 Fw Mo Fa leer sell
FIOE,M WeILl,olwa r00131.w21?wrYtlmn
Mark Heckman Real Estate Appraisers
v.t...+t.,,. s...«.,., UNIFORM RESIDENTIAL APPRAISAL REPORT Fib No. 12beacher
ESTIMATED SITE VALUE .. . ........................ = $
ESTIMATED REPRODUCTION COST-NEW OF IMPROVEMENTS:
'Dwelling 1 5168 Sq. Ft. G $ = E 0
Sq. Ft. @ S = 0 Comments on Cost Approach (such as, source of cost estimate,
site value, square foot calculation and for HUD, VA and FmHA, the
estimated remaining economic Ufa of the property):
In view of the age of these improvements, the Cost Approach
cannot be considered an accurate indicator of value.
• GaayalCaport 0 Sq. Ft. @ $ = 0 Therefore it was not developed, and is not presented in this
Total Estimated Cost New ................ = $ 0 report.
Less Physical Functional 6demal Est. Remaining Econ. Life:
Depredation I = $ 0
Depredated Value of Im povenwMs . .................. = $ 0
"As-W value of site Improvements ................... = s
INDICATED VALUE BY COST APPROACH . . . . . . . . . = $ 0
ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
12 Beecher Drive
Address Carlisle 139 Southside Drive
Newville 34 Burgners Mill Road
Carlisle 918 Greenspring Road
Newville
Pro ' ' to Subject _
-
- 1.5 miles South 7 miles North 8.3 miles West
Sale Rite S NA $ 122,000 - E 111 000 $ 114,40
PriaGross W. Area $ 0.00 0 E 82.27 0 -. S 81.14 0 $ 83.70 W
Data and/or I
Verification Sources nsp/ Public Rec Assessment Records & MLS Assessment Records & MILS Assessment Records & MLS
VAILEADJAI ENTS DESCRIPTION DEscRiP-nON +-t DESCRIPTION +-s DESCRIPTION +r-ht
Sales or Financing
Concessions Ceshequivalent
None known Cash equivalent
None known Cash equivalent
None known
Dote of salelrane -,£',;`t?'" 10-4-2005 +8% 9,800 429-2005 +12% 13 3DO 6-15-2006 +3% 3,400
Location Rural/ ave Rural/ ave Rural/ ave Rural/ eve
uses lotdFae Fee Simple Fee Sim le Fee Simple Fee Simple
site 0.88 acre 0.46 acre 2.000 1.55 acres -5 000 1.30 acre -4,000
View Average Av a Average Average
Deogn and Appeal Ranch/ Ave Ranch/ Ave Ranch/ Ave Ranch/ Ave
orcoshxson Prefab/Average Prefab/Average PrefaWAvera a Prefab/Avera e
e 10 Years 16 =/- Years 3,000 17 =/- Years 3,000 26 =/- Years 5,000
Condition Avers Average Aver a Avers
Above Grade Tow aeon ' a.w. Tw ' sa- ' ser Taw ' ea,a. ' e+ie Tar ' aeon. ' saw
Room Count 2 5 3 2.00 5: 3: 2.D0; 6; 3; 2.00 5: 3: 1.50' 1,500
Gross Living Area 1,568 .Ft. 1 483 S .R 1.700 11,368 .R. 4,000 1.362 5 .Ft. 4,100
Baserrsrt&Fnitad
Roars Below Grade None
NA Full basement -3,500
Unfmished None
NA Full basement -3,500
NA
Functional Utility Average Avers Averse Average
HeatinglCooling Keno FAI no CA Oil FAI CA -2,500 Oil FA/ CA -2,5W OiIHW/ CA -2,600
Enew EBdent Irons Typical for Typical for age Typical for age T ical for age
2 Dot. Gars None 7 000 None 7,000 Att 2-car Gar -2,000
Porch, Patio, Dealt,
F s ate. Covered porch
None Similar
None Similar
1 fireplace -1,500 Similar
None
Fence Pool eta
Miscellaneous Fence End Porch
None Deck 3,000
None Deck 3,000
None Deck 3 000
None
Netts. te
Adjusted Saba Price
Of comparable R.; _2?;, < + E 20,
48$96- S 142 500 X
+ S 21,300
00W35^-
lftlc-,S 132,300
X + $ 5000
aiaw 25.4%
'Nat=-4.4% S 119,0D0
Comments on Sales Comparison (including the subject property's compatibility to the neighborhood, etc. After a thorough search of all available market
data the three sales used are considered to be the best indicators of value. Insufficient sales in dose proodmity to the subject require
the appraiser to extend search parameters. In order to find comparable sales it was necessary to use less recent sales. Time
adjustments are based on appropriate research of the market data in the market area. Appropriate adjustments have been made for all
differences. After consideration of all relevant factors the oom rables used are the best indicators of value although they are all lower
in rice than the final value estimated for the subject. Comparable sales used are all dosed sales.
ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3
Date, Price and Date
Sol forprorsdes
witm year of aeolul No prior sale
for the st 3 No prior sale other
than that listed above
for the st ear. No prior sale
than that listed above
for the aSt ear. No prior sale other
than that listed above
for the 8T ter.
Analysis of my tument agreement of sale. option, or IWV of the subject property ant analyas of any pmior Was of subject and mnpaaWas within one year of ft data of appraisal:
According to records provided the county assessment office the su jest property has not transferred in the past 3 ears. According
to information provided the muhi-list services in this region, the subject property has not been listed for sale within the past 3 years.
INDICATED VALUE BY SALES COMPARISON APPROACH ..................................................... S 130,000
MDICATEDVALUE BY INCOME APPROACf1 Estimated Market Rent t Mb.xGica Rent =$
This appraisal is made X "as is' suilootto the repairs, akratias, iupediore aoonditiors 6hd bekxx slbjectto conPl?on pa plats and spadkatiOns.
Cox&easofpppraeal: This appraisal report has been prepared with the property in "as is' condition.
Firw Reconciliation: See Attached Addendum.
The Purpose of this appraisal is to esdmete the market value of the real property that s the subject of this report, based on its above conditions and the cessation, com ng"
and limiting conditions. and market vakie definition that are staled into atta hed Freddie Mac Form4391farrae Mae Form 1OD48 (Revised )
I(WE) ESIWATETHE MARSMTVALUE, AS DEFINED, OF THE REAL PROPERTY THAT ISTHE SUBJECT OFTMIiEPORI', ASOF Februa 25 2007
(WHICH IS TH TE OF INSPECTION AND TIS FECTNE DATE OF THIS REPORT) TO BE $ 130,000
APPRa, SUPERV180RYAPPRAISER(ONLY IF REQUIRED):
Sigrtatlae `Signature QDid QDid Not
Name M9rk W. Heckman. Generel Appraiser Name Inspect Property
Doh Report signed March 2. 2007 Date Report Signed
state CMViation I PA Cert. No. GA-000666-L state PA State Cerggation g State
Or State License t State or state License a state
n.aa.sk.aF-n) she PAGE 2OF2 F-M.Fan.lmk sae
n.ma,.ro •a .,.... eoass.sn "...?s,am,
Mark Heckman Real Estate Appraisers
Announi lu
Borrower. NA - File No.: 12beecher
Pro4erty Address 12 Beecher Drive Case No.:
Ci State: PA 2i :17013
:Carl's
nder. K t & Assoclates,LLC
Final Reconciliation
This appraisal assumes a reasonable marketing period for the subject property of four months. The Sales Comparison
Analysis reflects recent activity in the market place and is given the most weight. The Income Approach is inappropriate
because few single family houses are rented in this market. In view of the age of these improvements, the Cost approach
cannot be considered an accurate indicator of value.
I
avn , w .
File No. 12beecher
DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not
affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from
seller to buyer under conditions whereby; (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised,
and each acting in what he considers his own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment
is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal
consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the
sale.
'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for
those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the
seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property
by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any
adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any
adjustment should approximate the market's reaction to the financing or concessions based on the Appraisals judgment.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the
following conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to ft. The
appraiser assumes that the tide is good and marketable and, therefore, will not render any opinions about the title. The property is appraised
on the basis of it being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is
included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its sae.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data
sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the
appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific
arrangements to do so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their
contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and
are invalid if they are so used,
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous
wastes, toxic substances, etc. ) observed during the inspection of the subject property or that he or she became aware of during the normal
research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden
or unapperent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic
substances, etc. ) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no
guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such
conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the
appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment
of the property.
T. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she
considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such
items that were furnished by other parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional
Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion,
repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner.
1g. The appraiser must provide his or her prior written consent before the lender/client specifidd in the appraisal report can distribute the
appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to
any professional appraisal organizations or the firm with which the appraiser is associated ) to anyone other than the borrower; the
mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally
approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia;
except that the lenderlclient may distribute the property description section of the report only to data collection or reporting service(s)
without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before
the appraisal can be conveyed by anyone to the public through advertising, pubic relations, news, sales, or other media.
Freddie Mac Form 439 6.93 Page 1 of 2 Fannie Mae Form 1004B 6-93
Rie W. 12beecher
APPRAISERS CERTIFICATION: The Appraiser certifies and agrees that,
1, 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate
to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the
market reaction to those items of significant variation. If a significant item in a comparable property is superior to , or more favorable than,
the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a
comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted
sales price of the comparable.
2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the
appraisal report. I have not knowingly withheld any significant information from the appraisal report and 1 believe, to the best of my
knovdedge, that all statements and information in the appraisal report are true and correct.
3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject
only to the contingent and limiting conditions specified in this form.
4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal
interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the
estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the
prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the
subject property.
5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my
compensation for performing this appraisal n contingent on the appraised value of the property.
6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,
the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my
compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a
specific valuation, or the need to approve a specific mortgage ban.
7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal,
with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable
time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the
marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section.
8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables
in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the
subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these
adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented
about the effect of the adverse conditions on the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If 1 relied on
significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal
report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal
report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in
the report therefore, if an unauthorized change is made to the appraisal report, I wit take no responsibi ity for it.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies
and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the
statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking
full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: 12 Beecher Drive. Carlisle. PA 17013
APPRAISER:
Signature:
Name: Marc W. Heckman. General Aooraiser
Date Signed: March 2. 2007
Stele Certification N: PA Cert. No. GA-000666-L
or State License t
State: PA
Expiation Date of Certification or License: 06/3012007
SUPERVISORY APPRAISER (only N required)
Signature:
Name:
Date Signed:
State Certification M
or State License I:
State:
Expiation Date of Certification or License:
? Did ? Did Not Inspect Property
ConrtrarnmealM of Pennsyhanie Ceri ficason No. GA-000566-L
Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 10048 693
ouoaeG r rtcUrERTY PHOTO ADDENDUM
Borrower: NA File No: 12bescher
Property Address: 12 Beecher Drive Case No
Cit : Carlisle State: PA Zip: 17013
Lender: Ko e & Associates LLC
FRONT VIEW OF
SUBJECT PROPERTY
Appraised Date: February 25, 2007
Appraised Value: $130,000
REAR VIEW OF
SUBJECT PROPERTY
STREET SCENE
Borrower. NA File No.: 12beecher
Property Address: 12 Beecher Drive Case No
Cit : Carlisle State: PA Zip: 17013
Lender: Ko e & Associates LLC
Living Room
During Area
Kitchen
Borrower: NA File No.: 12beectw
Property Address: 12 Beecher Drive Case No.:
City: Carlisle State: PA Zip: 17013
Lender: Ko & Associates LLC
Master Bedroom
Bath Room
Bedroom
Balrotrer NA File No.: 12beecher
Property Address: 12 Beecher Drive Case No.:
City: Carlisle State: PA Zi : 17013
Lender: Ko & Associates LLC
Bedroom
Detached Garage
View to Rear
FLOORPLAN
DIMENSION LIST ADDENDUM
GROSS BUILDING AREA (GBA) 1.566
GROSS LIVING AREA (GLA) 1.566
Area(s) Area %of GBA
LWq 1.568 100.00
Level t 1,568 100.00
Level2 0 0.00
Level3 0 0.00
Other 370 23.60
Basement 0 0.00
Garage 0 0.00
Area Measurements Area Type
Maasuramants Factor Total Lovell La4e12 Lev613 Other esmt. Garage
56.00 x 28.00 x 1.44 = 1.568A0
x x _
_ X
x x
x x
x x _
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x
x x
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x x _
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z x
x x
x x
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x x
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x x
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x x
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x x
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x x
x x
x
x x
PLAT MAP
Borrower. NA File No.: 12beecher
. Property Address: 12 Beecher Drive Case No
CadislC State: PA - - -- Zip: 17013
Lender. KODe & Associat LLC
E3M AmExplonr 2.0
12 Beecher Drive, Carlisle
RWds_1-124. (sr
lror{1.mm.n (Ta
p?oYa/.ytlq?q
PARCELWAMA (A
N
,>
..vmrnrw??-c rKurtKt Y pHOTO ADDENDUM
COMPARABLE SALE #1
139 Southside Drive
NWWIIS
sale Date: 304-2 005 t
Sale Price:
COMPARABLE SALE #2
34 Burgners Milt Road
Carlisle +12%}
Saia Date: 4 P9-5 W2%)
Sale Price: $
COMPARABLE SALE #S
91 B Greo-Ong Road
Ne"Ple
Saia Date: 5 5.20 (+3%)
Sale Price: $
114,000
LOCATION MAP
Borrower: NA File No.: 12beecher
.Property _Address: 12 Beecher Drive Case No'
Carlisle State' PA Z1D' 77013
Lender Kpps & Associates LLC
SALE2
?' J
7
'l SALE 3? „
SUBJECT
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174
SALE 1
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APR-11-2007 09:41 From: To:7G17572 Pa9e:313
%kZOSI MONTMLY MORTGAGE STATEMENT
+ S C,ING, inc. !'age i of 1
P.O. Box 551170, Jackson-AW, FL 32255.1170
Statement Date: 03/16/07
#SWNJXZF Monday - Friday 7:t)pAM - 8AWFM ET
Shane Carey
Ellen '? Saturday $;WA f - 12.,WAW ET
12BeeecheerrDr Fa?ouirryak„(cor fidbrma4on,,,m„?+raav,ide
CaFWe PA 17013
Properly Address: 12 9110CIlt OR
GMLISLE PA • 1701.3
Loren Number: 0002028124 Ctlrrftd InW*d Rate: 1Q. TW%
M Interval Paid YTD Taxes Paid YTD PrMgc W Paid
THIS IS NOT AN ATTEMPT
TO COLLECT A DEBT.
$1.270.04 $.00 $104.08
Current Pdridpal Taxes 3 Current Unappttod
lance' lnouranne %*m
THIS STATEMENT IS BEING SENT FOR
INFORMATIONAL PURPOSES ONLY.
$70.807.62 S-00 $100.00
If you have any questions regarding your ball or this statement,
please call 1-W0,258-WW.
r
You can access your automated ban information 24 ham a
day or make a payment online by vaWi our web site at
w e ncr.com or by caftV to Cuskxw Servloe number
s"Ilown ova.
We acknowledge your hankrepecy filing. Unless
otherwise instrwted by the boultruptcy comrt, you
sWuld eoutinoe to make the paywmntt required ender
ynvr loan docanreafs to the address listed on the
Attathad goopon.
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IMPORTANT MESSAGES
ITI IiS amount is not a pave qw*. If YOU Want a payoff quote,
06386 sw mswcGans on reverse aide.
be Any payments an yrece ou wed els'ta? .tertlent team noted above wiq
Per IRS dolts all 2006 yew end staterneve will be mailed no l? ? +
IaW than January 31. 7. Requesis for copies wHl be accepted ?? •
after FeWuwy C? i .l(KJ
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04/20/2007 10:27 717-761-7572 KOPE & ASSOCATES PAGE 02105
KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope0koaelawxom
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-2908
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 19,
2006.
2. The Complaint was served by Certified Mail signed by Ellen Carey on May 28, 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. Section 4904 relating
to unsworn falsification to authorities.
Date: yid ?7
Shane a ey
_
z C:l
04/20/2007 10:27 717-761-7572 KOPE & ASSOCATES PAGE 04/05
KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkopeAkooelaw.com
SHANE CAREY
Plaintiff,
VS.
ELLEN D. CAREY,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-2908
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 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. Section 4904
relating to unsworn falsification to authorities.
Date:
Shane CarK
q
0
04/20/2007 10:27 717-761-7572 KDPE & ASSOCATES PAGE 03/05
KDPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkopeAkopelawxom
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-2908
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 19,
2006.
2. The Complaint was served by Certified Mail signed by Ellen Carey on May 28, 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. Section 4904 relating
to unsworn falsification to authorities.
Date: --,;4 - v 7
(-1L1?)-
Ellen D. Carey
Social Security Number
Q
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k
?
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a
04/20/2007 10:27 717-761-7572 KOPE & ASSOCATES PAGE 05/05
KOPE & ASSOCIATES, LLC
BY: LESLEY J. BEAM, ESQ.
ATTORNEY I.D. 91175
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkopet@-kopelaw.com
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-2908
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 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. Section 4904
relating to unsworn falsification to authorities.
Date: q DO - 6 -7
Ellen D. Carey
Social Security Number
0
?t
Pla
SHANE CAREY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 06- 2908 CIVIL
ELLEN D. CAREY,
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this day of
2007, the parties and counsel having entered into an agreement and stipulation resolving
the economic issues on April 20, 2007, the date set for a conference, the agreement and
stipulation having been transcribed and the terms of payment to husband having been
completed (see letter from counsel dated September 19, 2007), the appointment of the
Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to
transmit the record with the affidavits of consent of the parties so that a final decree in
divorce can be entered.
BY THE COURT,
,. 1 G?
Edgar B. Bayley, P.J.
cc: ,/Lesley J. Beam
Attorney for Plaintiff
een D. Carey 41
Defendant Pro Se
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SHANE CAREY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 06 - 2908 CIVIL
ELLEN D. CAREY,
Defendant IN DIVORCE
THE MASTER: Today is Friday, April 20, 2007.
This is the date set for a conference in the above-captioned
divorce proceedings.
Present in the hearing room are the
Plaintiff, Shane Carey, and his counsel Leslie J. Beam, and
the Defendant, Ellen D. Carey, who is unrepresented by
counsel. I asked Ms. Carey if she intended to have counsel
and she said she does not have anyone to represent her nor
is she planing to have anyone represent her.
This action was commenced by the filing of a
complaint in divorce on May 19, 2006, raising grounds for
divorce of irretrievable breakdown of the marriage and the
economic claim of equitable distribution.
With respect to grounds for divorce, the
parties are going to sign affidavits of consent and waivers
of notice of intention to request entry of divorce decree
today. They will be dated April 20, 2007, and the Master's
office will file the affidavits and waivers with the
Prothonotary. The divorce can, therefore, conclude under
Section 3301(c) of the Domestic Relations Code.
1
V %I
With respect to the issue of equitable
distribution, the parties have reached an agreement and that
agreement is going to be placed on the record. The
agreement will be considered the substantive agreement of
the parties not subject to any changes or modifications
except for correction of typographical errors which may be
made during the transcription. That means that when we
leave the hearing room you are bound by the terms of the
agreement even though you haven't signed the agreement, do
you understand that? (Both parties have assented that they
understand that the signing of the agreement is not
necessary to make the agreement a valid and binding
agreement between them).
Normally I have the parties and counsel
come back to sign as an affirmation of the terms of the
agreement. I will ask counsel and the parties if they wish
to do that today or are satisfied to simply let the
statement on the record reflect the agreement without a
signature. What is your position on that?
MS. BEAM: We are satisfied without a
signature.
THE MASTER: Are you satisfied without a
signing?
MS. CAREY: Yes.
THE MASTER: The Master, upon receipt of the
2
plu
transcribed agreement and the Master being notified that the
terms of the agreement have been fulfilled, which will be
reflected in the statement of the agreement, the Master will
vacate his appointment and counsel can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
The parties own a property together at 12
Beecher Drive, Carlisle, Penn Township, Cumberland County,
Pennsylvania. Wife is currently occupying the property with
the parties' son, Damian, and wife wishes to remain in the
property. Husband is agreeable to allowing wife to do that
but has indicated that he would like to have wife pay him a
sum of money representing his share of equitable
distribution in the house. Wife has indicated that she is
willing to pay husband $15,000.00 and husband has indicated
he is agreeable to accepting that sum.
As part of the agreement, therefore, wife
will attempt to refinance the property to remove husband's
name from the mortgage obligation putting the obligation in
her name only and as a result of that refinancing receive a
sum of money sufficient to pay husband his $15,000.00 for
his interest in the real estate. At the time that wife has
the money available to pay husband, pursuant to the
refinancing, husband will prepare and deliver to wife a fee
simple deed for the property in wife's name only in return
3
for the check of $15,000.00.
Wife will be given sixty (60) days to obtain
the refinancing and to complete the settlement with husband.
The Master, as noted, will not vacate his appointment until
such time as the settlement has been completed. The parties
and counsel should notify the Master when the settlement is
complete, and if the settlement cannot be completed, then
the Master will reconvene a conference and hearing to
further move this matter forward with a final resolution of
the claim of equitable distribution.
If wife is unable to complete the terms of
the agreement as indicated, she has stated that she wishes
to have another appraisal of the property and she can do so.
It is contemplated that if we do need to have another
hearing because wife cannot complete the terms of the
agreement as above indicated, then those real estate experts
should be available to testify at the hearing to be
scheduled with regard to the reports that they have filed in
this case.
As noted, the Master will retain the file in
his office and upon notice of the completion of the
agreement will vacate his appointment and then counsel can
file a praecipe to transmit the record requesting a final
decree in divorce.
If the settlement cannot happen as outlined
4
herein, then the Master will schedule a hearing for the real
estate experts and to take testimony on the factors relating
to equitable distribution.
(A discussion was held off the record.)
THE MASTER: Both parties have indicated that
they understand the Master's statement of the agreement on
the record and that they know that they need to notify the
Master as to the status of this case with respect to the
completion of settlement or the need to have another hearing
scheduled.
cc: Leslie J. Beam, Attorney for Plaintiff
Shane Carey, Plaintiff
Ellen D. Carey, Defendant
5
"i%
KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQ.
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@kopelaw.com
SHANE CAREY
Plaintiff,
vs.
ELLEN D. CAREY,
Defendant.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 06-2908
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT AND RETURN OF SERVICE
AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Shane
Carey, Plaintiff, and states that service of the Divorce Complaint in this matter was made by him
upon Defendant, Ellen D. Carey, by posting the same in the U.S. Mail, postage prepaid, at
Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 2261, Return Receipt Requested on
May 22, 2006, to her mailing address at 12 Beecher Drive, Carlisle, PA 17013 which mail was
received by Defendant on May 28, 2006, all in accordance with PA.R.C.P. 412 and 403. The
mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing
the signature of the Defendant are attached hereto and made part hereof, together with the
cover letter mailed to Defendant.
?- SLE J AM, Esq.
Attorn for Plaintiff
Shane R Kope, Esq. ¦ Jacob M. Jividen, Esq. ¦ Lesley J. Beam, Esq.
K O P E
ASSOCIATES
LAW OFFICES LLC
May 22, 2006
VIA REGULAR AND CERTIFIED MAIL
Ellen D. Carey
1`2-Bee erDrive
Carlisle, PA 17013
Re: Carey v. Carey
No. 06-2908 (in divorce)
Dear Ms. Carey,
I represent Shane Carey in the above captioned matter for divorce. Enclosed and served upon you
is the Complaint in Divorce and Custody filed with the Cumberland County Court of Common
Pleas. I am sending these papers to you directly because I have no information that you are
represented by an attorney.
I am also enclosing an Acceptance of Service for this Complaint. Please sign and return in the
enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service
or sign the receipt for the certified letter, this office will have to officially serve this Complaint by
Sheriff at your place of employment.
If you have any questions, please feel free to contact me. But, please be aware that I cannot give
you legal advice because I represent Mr. Carey. Thank-you for your kind attention to this matter.
Sincerely,
Kope & Associates
Sha B. Kope
Enclosure
Cc: Shane Carey
Smart Representation
466o Trindle Road ¦ Suite 201 ¦ Camp Hill, PA 17011
P 717.761.7573 • F 717.761.7572 ¦ kopelaw.com
¦ Cor fete items 1, 2, an- 1 Also complete
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or on the front if space permits.
1. Article Addressed to:
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A. Sig tore
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B. Wwgived by(
D. Is delivery address different
If YES, enter delivery, adds!
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C. Date of Delivery
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SHANE CAREY
VS.
ELLEN D. CAREY
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 2006-2908 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under §3301(c)
(Strike out inapplicable section).
2. Date and manner of service of the complaint: The Complaint was served by
certified mail by Ellen D. Carey on May 28, 2006.
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 4/20/2007 ; by defendant 4/ 2 o J 2 o o 7
(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; None
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: 4/20/2007
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: 4/20/2007 ,
1 v v1
for Plaintiff / Defendant
IN THE !COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
!?TATE OF PENNA.
SHANE CAREY
No. 2006-2908
VERSUS
ELLEN D.
DECREE IN
DIVORCE
AND NOW,J
DECREED THAT
_-?''l IT IS ORDERED AND
SHANE CAREY
AND
D. CAREY
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
BY TIbE COU
ATTEST J.
41'z
PROTHONOTARY
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