Loading...
HomeMy WebLinkAbout06-6032MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CYNTHIA L. STAPE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 011 4.03;L C,,, ? L-T??n WILLIAM E. STAPE, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CYNTHIA L. STAPE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. b(o -- Co03 ?-., (2tv' "- ? L L WILLIAM E. STAPE, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Cynthia L. Stape, who has resided at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania, for the last twenty-six (26) years. 2. Defendant is William E. Stape, who has resided at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania, for the last twelve (12) years. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 6, 1994 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are children of the parties under the age of eighteen (18) namely: Taylor Stape, born December 19, 1993, age 12 years; and William E. Stape, Jr., born January 25, 1995, age 11 years. COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. COUNT II - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT III - ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 12. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 13. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 14. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 15. Defendant has adequate earnings to provide for Plaintiffs support and to pay her counsel fees, costs and expenses. COUNT IV - ALIMONY 16. Plaintiff lacks sufficient property to provide for her reasonable needs. 17. Plaintiff is unable to sufficiently support herself through appropriate employment. 18. Defendant has sufficient income and assets to provide continuing support for the Plaintiff after the entry of a Decree in Divorce. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b. Equitably distribute all property, both personal and real, owned by the parties; c. Compel Defendant to pay alimony pendente lite to Plaintiff, d. Compel Defendant to pay post-divorce alimony to Plaintiff, e. Grant Plaintiff attorney's fees and costs; and f. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. NETTI & ASSOCIATES + 7?, Date: l U `? By: ! KRISTOP ER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Cynthia L. Stape, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Dater Cynthia L. Stape 4-1 .? w s --g. R) 0 t F- C'N y ? r O ?? a C C t ' 'b9+ ..,CJ G VI D FI"w MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff CYNTHIA L. STAPE, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO... - l.? l v 1 l? ` ?/L WILLIAM E. STAPE, Defendant CIVIL ACTION - LAW IN DIVORCE/CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Cynthia L. Stape, who has resided at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania, for the last twenty-six (26) years. 2. Defendant is William E. Stape, who has resided at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania, for the last twelve (12) years. 3. The parties hereto are the natural parents of the following minor children: Taylor Stape, born December 19, 1993, age 12 years; and William E. Stape, Jr., born January 25, 1995, age 11 years. 4. Plaintiff seeks primary physical and shared legal custody of the minor children and is capable of giving said children the necessary parental care and a proper and healthful environment. 5. The Plaintiff avers that she is a fit person to raise the minor children and that by awarding her primary physical and shared legal custody, the best interest and permanent welfare of the children will thereby be promoted. 6. The parties' minor children have resided at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania since their birth. 7. The relationship of Plaintiff to the children is that of natural mother. Plaintiff currently resides with Defendant and the children. 8. The relationship of Defendant to the children is that of natural father. Defendant 9. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 10. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 11. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 12. The best interest and permanent welfare of the children will be served by granting the relief requested. 13. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her primary physical and shared legal custody of the children. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: ? By: KRIST H R T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Cynthia L. Stape, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: /,0191, (1 Cynthia . Stape f"? ?J ?? _ T C r.`? "'1'1 _ ..? U? _? ?_ `? ? - ?? },yi Q ?7 _. ? ..? CYNTHIA L. STAPE, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-6032 CIVIL TERM WILLIAM E. STAPE, IN DIVORCE Defendant/Respondent PACSES CASE NO: 754108698 ORDER OF COURT AND NOW, this 16th day of October, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on November 14, 2006 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Kristopher T. Smull, Esq. f Date of Order: October 16, 2006 _4 'R..J. Sh day, C nference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND •,,?, REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 -? ?? ? ? r? ? T? w? _ ..? ?: 3 _, ? ?^(,? ,? CYNTHIA L. STAPE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM E. STAPE DEFENDANT 06-6032 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, October 20, 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, November 17, 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. Greets Esc 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 VIN"'n,w'AT','-NN3d kLNnci,-r . 'Y ik'-,, O I I :C End OZ 130 90oz AU ONC L Odd 31 l ?O 30H? -WIH MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attornevs for Plaintiff/Petitioner CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 9, Lr WILLIAM E. STAPE, : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE/CUSTODY MOTION FOR ALIMONY PENDENTE LITE HEARING AND NOW, comes Petitioner, Cynthia L. Stape, by and through her attorney, Kristopher T. Smull, Esquire, and moves this Court to enter an Order setting this case for an Alimony Pendente Lite Hearing, and in support thereof respectfully represents that: 1. Petitioner is Cynthia L. Stape (hereinafter "Wife"), an adult individual currently residing at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is William E. Stape (hereinafter "Husband"), an adult individual currently residing at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. (a) Husband and Wife were married on August 6, 1994 in Carlisle, Cumberland County, Pennsylvania. (b) Husband and Wife have not physically separated; however, Husband has ceased contributing in any way to the expenses of the marital home since September 1, 2006. (c) Husband and Wife were divorced on (pending). (d) Wife is filing simultaneously herewith a Complaint in Divorce which includes a count for Alimony Pendente Lite. 4. The parties are the parents of the following minor children: Name Birth Date Age Residence Taylor Stape December 19, 1993 12 399 Limestone Road Carlisle, PA 17013 William E. Stape, Jr. January 25, 1995 11 399 Limestone Road Carlisle, PA 17013 5. Wife seeks Alimony Pendente Lite for the following persons: herself. 6. Husband has neglected the duty to support or sufficiently support Wife since September 4, 2006. 7. (a) Wife is not receiving Public Assistance. (b) Wife is not receiving additional income. 8. No previous Support Order has been entered against Husband. 9. Wife last received support from Husband in the amount of $0.00. 10. Wife lacks sufficient property to provide for her reasonable needs. 11. Wife is unable to sufficiently support herself through appropriate employment. 12. Husband has sufficient income and assets to provide continuing support for Wife. 13. By reason of this action, Wife will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 14. Wife is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. WHEREFORE, Petitioner prays this Honorable Court enter an Order setting this matter for an Alimony Pendente Lite hearing. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES , Date: [ 016 6 6 By: KRIS OPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff/Petitioner VERIFICATION I, Cynthia L. Stape, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: 10 16 I o 6 \ ` Cynthia L. StaPe CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for Petitioner, herein, do hereby certify that on this date I served the foregoing Motion for Hearing by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: William E. Stape 399 Limestone Road Carlisle, PA 17013 rr ?0' D ate: I U 4 U By: MARIA P. CO ETTI & ASSOCIATES KRISTOP R T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff/Petitioner -.? c a ` ? ' `, L_>' ? _ V T' • ?"? ?f _ L -- {a? -,..? -r' V f ? ? V __... . ? A ? i . ' _ _ ....- r`' r., r,, =< IAClient Directory\Stape-C\Pleadings\Divorce PleadingsTetition for Exclusive Possession.wpd November 1, 2006 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff/Petitioner CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6032 Civil Term WILLIAM E. STAPE, : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE PETITION FOR INTERIM EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO PA.C.S.A. §3502(C) AND NOW, comes Petitioner, Cynthia L. Stape, by and through her counsel, Kristopher T. Smull, Esquire, and files the instant Petition for Interim Exclusive Possession of the Marital Residence as follows: 1. Petitioner is Cynthia L. Stape, an adult individual who resides at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania. 2. Respondent is William E. Stape, an adult individual who resides at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania. 3. Petitioner and Respondent were married on August 6, 1994, in Carlisle, Cumberland County, Pennsylvania. 4. The parties are the natural parents of two (2) minor children, namely, Taylor Stape, born December 19, 1993, and William E. Stape, Jr., born January 25, 1995, (hereinafter referred to as "the children"). The children currently reside with Petitioner and Respondent. IAClient Directory\.Stage-C\Pleadings\Divorce PleadingsTetition for Exclusive Possession.wpd November 1, 2006 5. Petitioner filed a Complaint in Divorce on October 16, 2006. 6. The parties are owners, as tenants by the entireties, of the real estate situated at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "the marital residence'). The property is Petitioner's pre-marital residence, in which she has resided for over twenty-five (25) years. Petitioner added Respondent to the Deed of the property only seven (7) years ago. 7. The parties are still physically living in the same home; however, Respondent has refused to support the Petitioner and the children since the beginning of September, 2006. 8. The Petitioner has asked the Respondent to leave the marital residence, but he has refused. 9. Section 3502(c) of the Divorce Code states that, with regard to the equitable division of the family home, "the court may award, during the pendency of the action or otherwise to one, or both of the parties the right to reside in the marital residence." 10. Section 3323(f) of the Divorce Code states that: In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice requires against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 11. An award of interim exclusive possession of the marital residence will enable Petitioner and the children to live in the real estate without fear of interference by Respondent and fear of Respondent removing marital assets and/or Petitioner's personal property. lAClient Directory\Stape-C\Pleadings\Divorce PleadingsTetition for Exclusive Possession.wpd November 1, 2006 12. Unless Petitioner is granted interim exclusive possession of the marital residence, her emotional health and the emotional health and psychological well-being of her children will be compromised, due to Respondent's abusive and erratic behavior. 13. Respondent has engaged in a course of wrongful conduct which has created an intolerable living situation for Petitioner and the children. Illustrations of such conduct consist of the following: a. Petitioner believes, and therefore avers, that Respondent is an alcoholic and drinks on a daily basis. b. Respondent is emotionally abusive to Petitioner, constantly harassing her and accusing her of outrageous actions. C. Respondent's actions and behavior cause the Petitioner and the children to live in constant fear. d. Respondent has, since the filing of the Divorce Complaint, been spreading outlandish rumors about Petitioner to her friends and family. e. Respondent has, since the filing of the Divorce Complaint, attempted to persuade the children to prevent Petitioner from removing him from the house, putting them in an awkward and uncomfortable position. 14. Petitioner believes, and, therefore, avers, that her emotional well-being and the emotional and psychological well-being of the children will be best served if she is granted interim exclusive possession of the marital residence. IAClient Directory\.Stage-C\Pleadings\Divorce PleadingsTetition for Exclusive Possession.wpd November 1, 2006 15. Petitioner believes, and, therefore, avers, that the aims of the Divorce Code would be best served by awarding Petitioner and the children the right to live in the marital residence without intrusion or interference by Respondent. WHEREFORE, Petitioner requests this Honorable Court grant her interim exclusive possession of the marital residence until the conclusion of the divorce proceedings. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: November 1, 2006 By: 11, V' r?` KRIST PHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff/Petitioner VERIFICATION I, Cynthia L. Stape, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: Cynthia l.. Stape IAClient Directory\Stape-C\Pleadings\Divorce PleadingsTetition for Exclusive Possession.wpd November 1, 2006 CYNTHIA L. STAPE, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6032 Civil Term WILLIAM E. STAPE, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for Plaintiff/Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Interim Exclusive Possession of Marital Residence Pursuant to PA.C.S.A. §3502(c) by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: William E. Stape 399 Limestone Road Carlisle, PA 17013 Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES f !. Date: November 1, 2006 By: KRIST H T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff/Petitioner C:? ,r-a Q fj4 fl't `" .. ri ,7 ?'_ CYNTHIA L. STAPE, . Plaintiff V. WILLIAM E. STAPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 6032 Civil Term CIVIL ACTION - LAW DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jane Adams, Esquire as Attorney of record for William E. Stape, Defendant, in the above-captioned matter. Respectfully Submitted: Date: (l 7?D, idi Adams, Esquire No. 79465 ou th Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT n C-p C) ?? r ? } CJ T ! "^1 tT CYNTHIA L. STAPE, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-6032 CIVIL TERM WILLIAM E. STAPE, IN DIVORCE Defendant/Respondent . PACSES CASE NO: 754108698 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 13th day of November 2006, upon consideration of the Petition for Alimony Pendente . Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on December 7, 2006 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of August 17, 2006. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Date of Order: November 13, 2006 Copies mailed to: Petitioner Respondent Kristopher T. Smull, Esq. Jane Adams, Esq. 44-o to,/ . J. Sb dday, onference Officer / YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 r? ?`? ?'? ? -rs cY'` .? ?? ``',i.. c. ? - ?` ' ?4 ;=i ?? r1 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Plaintiff CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM E. STAPE, Defendant NO. 2006-6032 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, KRISTOPHER T. SMULL, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce, was served upon the Defendant, William E. Stape, by United States Mail, first class, postage prepaid, certified, docketed to No. 7005 0390 0005 2244 2108, on the 15th day of November, 2006, addressed as follows: William E. Stape 399 Limestone Road Carlisle, PA 17013 Date: November 21, 2006 By: MARIA P. WGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney T D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ¦ Complete iter. 1. 2. and 3. Also complete Own 4 N Restricted Delivery is desired. ¦ PtW your name and address on the reverse so OW we can retum the card to you. ¦ Attach thin card to the back of the mailplece, or an the front H apace permits. 1. AAlole Addroseed to: A. Swebrod by (ftVibd Ater* 'W11 Wro(e OIL- D. Is Mary , 11 1 1 1 dfenert from Nom If YES. enter Mmy address below: rJ 0 No XcWWAd Md 0 Bps* Id Rspleter I O Return Receipt *jr Me dwMo 0 losured Mell 0 C.O.D. 4. ReddcMd DeBveny ffOu Fes) Yes 2. AtrmbNurnber 7005, 0390 0005 2244 2108 (lMeMr ftm = , fca AlW PS Form 3811. Fsbnwy 2004 DoeNeNc Rattan Rec lpt 10280549MA-150 ?- N - J c -? r 4, f" • IAClient Directory\Stape-C\Pleadings\Divorce PleadingsTetition for Exclusive Possession.wpd November 1, 2006 NOV 062006 A CYNTHIA L. STAPE, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6032 Civil Term WILLIAM E. STAPE, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE RULE TO SHOW CAUSE AND NOW, to wit, this z? day of Nd w-,,? 2006, upon consideration of Plaintiff's Petition for Interim Exclusive Possession of Marital Residence, a Rule is hereby issued upon Defendant to show cause, if any, why the relief requested should not be granted. RULE RETURNABLE Z O DAYS FROM SERVICE. BY THE COURT: VN',ll'VSNN3d n?f?^ I !II")r r7h rY 16 IrY1 IaJ 99 .£ Wd R AON 900Z AbKONDH Odd Hi JO lAClient Directory\Stape-C\Pleadings\Divorce PleadingsTetition for Exclusive Possession.wpd November 1, 2006 CYNTHIA L. STAPE, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-6032 Civil Term WILLIAM E. STAPE, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this agP74? day of November, 2006, upon consideration of the within t f ?"7 Petition for Exclusive Possession, a hearing is set Q dayof , 20 , at 3 , e.M., in courtroom number, of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, to determine whether Petitioner should be granted interim exclusive possession of the marital residence situated at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania. BY THE COURT: '?I?G'I1 EnS?l?d.?d 9S .C Wd 6? AON 9002 A8VXANuHiO8d 3Hi JO 3M40-MA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CYNTHIA L. STAPE ) Docket Number 06-6032 CIVIL Plaintiff ) vs. ) PACKS Case Number 754108698 WILLIAM E. STAPE ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 7TH DAY OF DECEMBER, 2006 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ® Other ALIMONY PENDENTE LITE filed on OCTOBER 16, 2006 in the above captioned matter is dismissed without prejudice due to: A SPOUSAL SUPPORT BEING ORDERED UNDER DOCKET NO. 900 S 2006 AND PACSES CASE #636108680. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: Kevin. HEss, JUDGE DRO: R.J. Shadday Service Type M Form OE-506 Worker ID 21005 C'J gg -n c 7i s co k ?. CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 - 6032 Civil Term WILLIAM E. STAPE, : CIVIL ACTION - LAW Defendant : DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION AND NOW COMES, Defendant, William E. Stape, by and through his attorney, Jane Adams, Esquire and respectfully represents the following: 1. Admitted. 2. Admitted. 3. Admitted, the parties were married on August 6, 1994. 4. Admitted. 5. Admitted. An action in divorce was filed on October 16, 2006. 6. Admitted. Petitioner owned the property prior to marriage; however, she did not live there primarily and she rented the property out from 1989 through 1992. Also, Respondent personally made substantial improvements to the property during the time he lived there. 7. Denied. Respondent has always assisted with some of the bills. Also, Respondent was recently ordered to pay spousal and child support even though he is still residing in the marital home. Although Respondent appealed that Order, he is currently paying support to Petitioner under an Interim Order. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. Respondent has not removed any assets from the marital home and has no intention of removing any assets or personal property from the marital home at this time. Respondent has not interfered with the Petitioner or the children in the home. 12. Denied. Petitioner's emotional health and well being has not been compromised due to Respondent's behavior. Petitioner has engaged in abusive and erratic behavior. 13. Denied for the following reasons: a. Respondent does consume alcohol occasionally, he is not an alcoholic. b. Respondent is not emotionally abusive to Petitioner and does not accuse her of outrageous actions. To the contrary, Petitioner has accused Respondent of outrageous actions in her petition. c. Respondent has not caused the Petitioner and the children to live in constant fear; Petitioner could leave the residence if she was in fear or contact Domestic Violence or file for a Protection from Abuse Order; Petition has taken none of these actions. d. Respondent has not spread outlandish rumors about Petitioner and has never said anything about her that he did not witness or believe to be true. e. Respondent has not attempted to persuade the children to prevent Petitioner from removing him from the home; however, he is concerned about the custody of the children. 14. Denied. The emotional well-being and of the Petitioner and the children would not necessarily be best served by Petitioner's exclusive possession of the martial residence, especially since issues of custody remain unresolved at this time. 15. Denied. The aims of the Divorce Code would not be best served by awarding Petitioner and the children exclusive possession of the martial home. Respectfully Submitted: Date: I -L 1 b le Adams, Esquire . No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT ATTORNEY VERIFICATION Undersigned counsel, Jane Adams, Esquire, hereby verifies and states that: 1. She is the Attorney of record for William E. Stape. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing response as known to her and not necessarily to her client. 4. The facts set forth in the foregoing response are true and correct to her to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 12- 12 l 0 DtJe.A2ddtt?a ms,Esquire PiSt. Carlisle, Pa. 17013 Attorney for William E. Stape CERTIFICATE OF SERVICE I, Jane Adams, Esquire, hereby certify that a true and correct copy of the within Response has been served upon the following individuals, by depositing such into the custody of the United States Mail, in Carlisle, Pennsylvania on the 21' day of December, 2006. Kristopher T. Smull, Esquire 210 Grandview Avenue, Suite 102 Camp Hill, Pa. 17011 ATTORNEY FOR PETITIONER CYNTHIA L. STAPE Dated: I 4-z- 1 b (" .e Adams, Esquire S. Pitt St. isle, Pa. 17013 rney for William E. Stape f?3 r'y 77TM C -j ?, try CYNTHIA. L. STAPE, Plaintiff V. WILLIAM E. STAPE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6032 Civil Term CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, this 6'p% day of 2007, come Plaintiff, Cynthia L. Stape, by and through her attorney, Kristopher T. Smull, Esquire, and Defendant, William E. Stape, by and through his attorney, Jane Adams, Esquire, and hereby enter the following Stipulation for Exclusive Possession of the Marital Residence as follows: 1. Plaintiff is Cynthia L. Stape (hereinafter "Wife"), an adult individual who resides at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is William E. Stape (hereinafter "Husband"), an adult individual currently residing at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania. 3. The parties were married on August 6, 1994, in.Carlisle, Cumberland County, Pennsylvania and are the natural parents of two minor children, namely: Taylor Stape, born December 19, 1993, and William E. Stape, Jr., born January 25, 1995. 4. Wife filed a Complaint in Divorce on October 16, 2006, to the above term and number. 5. On or about November 3, 2006, Wife filed a Petition for Interim Exclusive Possession of Marital Residence Pursuant to Pa.C.S.A. § 3502(c). 6. The parties are owners, as tenants by the entireties, of the real estate situated at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania (" the Marital Residence"). 7. Husband and Wife agree that the Marital Residence shall become the sole and exclusive property of Wife. Wife shall retain possession of the premises, and Husband shall vacate the premises on or before March 1, 2007. At all times following Husband's removal from the Marital Residence, and until the resolution of the above-captioned divorce action, Wife shall have the exclusive right to live in said residence without interference by Husband. Husband shall have no right to visit the Marital Residence or to come onto the property without Wife's express consent. 8. Should Husband not remove himself from the Marital Residence prior to March 1, 2007, Wife shall have the right to have him removed from the premises by the local police, state police or sheriff. 9. This Stipulation is intended to deal solely and exclusively with Wife's exclusive possession of the marital residence. This Stipulation is not intended to deal in any manner or fashion with the distribution any marital asset. The parties acknowledge and agree that marital assets exist which are subject to Equitable Distribution. Specifically, this 2 Stipulation in no way divides or distributes any of Husband's or Wife's premarital property, nor any marital asset subject to Equitable Distribution. The execution of this agreement is not intended to bar entry of a final Property Settlement Agreement by the parties at a future date. 10. Husband and Wife further agree that they shall maintain and preserve all personal assets, both premarital and marital, for future distribution between the parties. 11. In all other respects, Husband and Wife retain any and all rights to Equitable Distribution of assets to which they may be entitled, and which arise out of the instant litigation, referenced herein. 12. The provisions of this Stipulation and their legal effects have been fully explained to the parties by their respective counsel. Each party acknowledges that they have received independent legal advice from counsel of his or her selection, and, as to the terms of this Stipulation, that each fully understands the facts relative thereto and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Stipulation is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice from counsel. The parties further acknowledge that the execution of this Stipulation is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. C:1I.AW OFFICEIDIVORCE2IS?APElstipulationforexposs.fm January 31, 2007 IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. i Kristoph mull, Esquire Attorney for Plaintiff Cynthia L. Stap Plaintiff an Adams, Esquire A rney for Defendant William E. Stape Defendant 'Y C:l 7L- C_ FEB 21 2007 CYNTHIA L. STAPE, Plaintiff V. WILLIAM E. STAPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6032 Civil Term CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, TO WIT, this 27 -tday of loGr.??-, , 2007, it is hereby ORDERED AND DECREED that the attached Stipulation for Exclusive Possession of the Marital Residence is made an Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order of Court. BY THE COURT: J 0 1 .C Wd U 83A LOOZ ]"Hi JO 310"--ICI- :PY JUN CYNTHIA L. STAPE, Plaintiff V. WILLIAM E. STAPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6032 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 2nd day of November, 2006, the Conciliator having been informed that the parties are continuing to reside in one residence and have not separated, continues the matter generally. Accordingly, the custody conciliation conference scheduled for November 17, 2006 is CANCELLED. The conciliation may be rescheduled upon petition provided, however, that the parties have separated residences. FOR TI E'TOU Y: Melissa Peel Greevy, Esquire Custody Conciliator Dist: - Smull, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 illiam E. Stape, 399 Limestone Road, Carlisle, PA 17013 :286486 CYNTHIA L. STAPE, Plaintiff V. WILLIAM E. STAPE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006- 6032 CIVIL ACTION -LAW IN DIVORCE/CUSTODY PRAECIPE TO ENTER AND WITHDRAW APPEARANCE Kindly withdraw the appearance of Kristopher T. Smull, Esquire and Maria P. Cognetti and Associates on behalf of the above-named Plaintiff, Cynthia L. Stape, in connection with the above captioned matter. Date: -LZ ? I U 1 T. Smull, Esquire Kindly enter the appearance of Kristopher T. Smull, Esquire and Robinson & Geraldo, on behalf of the above-named Plaintiff, Cynthia L. Stape, in connection with the above captioned matter. Date: 2 'Zt? I '1 __(1 ?b I 'stopher T. Smull, Esquire ROBINSON & GERALDO Attorney I.D. No. 69140 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 i4? r7l rea CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 - 6032 Civil Term WILLIAM E. STAPE, : CIVIL ACTION - LAW Defendant : DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant moves this Court to appoint a master with respect to the following claims: ( Divorce Distribution of Property (Annulment ( ) Support ( ) Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant is represented by Kris Smull, Esquire. (3) The statutory ground(s) for divorce is 3301 (a). (4) Delete the inapplicable paragraph(s): (a) The action i 7 ot-co 9tested.' (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. Date: a? ?( { J' Adams, Esquire South St. Carlisle, Pa. 17013 orney for Plaintiff (717) 245-8508 ORDER APPOINTING MASTER AND NOW, this 2009, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY THE COURT: J. RLED4"l'l:FICE _ NOTARY OF THE P? ?; "NOTARY 2099 JUL 28 Ph I : ! JUL 2 9 2009# CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 - 6032 Civil Term WILLIAM E. STAPE, : CIVIL ACTION - LAW Defendant : DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant moves this Court to appoint a master with respect to the following claims: ( Divorce Distribution of Property (Annulment ( ) Support ( ) Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant is represented by Kris Smull, Esquire. (3) The statutory ground(s) for divorce is 3301 (a). (4) Delete the inapplicable paragraph(s): (a) The action ism (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. Date: J Adams, Esquire South St. Carlisle, Pa. 17013 orney for Plaintiff (717) 245-8508 ORDER APPOINTING MASTER AND NOW, Ws a 2009, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY J. T (E OURT: ? CA' L, 12? n r r r ,-?, f"? 3? { r+y? «rv rw.. GE (1 x? F??-frr ar Mir r ! . r li `..TARY 2Q09.E? 29 2009 JUL 28 P 1: 21 i' -7/2 (4 , iuom-a t L(-- a4. J. Ad4.,ns 04.,-t K.sm"L 4 t r b C? - X030 INTERIM DISTRIBUTION AGREEMENT THIS AGREEMENT, made this ?! day of -7-)-f, , 2009, by and between Cynthia L. Stape of 399 Limestone Road, Carlisle, IL rlar County, Pennsylvania (hereinafter referred to as "WIFE") and William E. Stape of 20 Fairfield Street, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on August 6, 1994, in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, two (2) children have been born of this marriage, namely: William E. Stape, Jr., born January 25, 1995; and, Taylor Stape, born December 19, 1993; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of agreeing to an interim distribution of marital property. The parties further agree that they shall execute a final property settlement agreement settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of F i. HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 2. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 2006-6032, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The distribution of assets set forth herein is intended to be limited to only those assets set forth and is without prejudice to equitable distribution of any remaining assets. Both parties hereby express their agreement that they will continue to negotiate in good faith regarding the settling of all claims raised by WIFE in her Complaint in Divorce. Further, the parties agree that this Agreement shall be 2 incorporated into any subsequent Property Settlement Agreement of Order of Court with regard to the final dissolution of the parties' marriage and equitable distribution of marital property Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 3. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 4. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; Kristopher T. Smull, Esquire, for WIFE and Jane Adams, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or 3 agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 5. DIVISION OF REAL PROPERTY: HUSBAND agrees to transfer all his right, title and interest in and to the real estate situated at 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to WIFE and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. HUSBAND further acknowledges that he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND agrees to execute a deed conveying his interest to WIFE simultaneously with the execution of this Agreement. WIFE hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage and home equity loan now existing and presently constituting a lien upon and encumbering the same premises and further covenants and agrees that she will indemnify and save HUSBAND harmless from any and all liability, expense, cost, or loss whatsoever, as a result of her non-payment of, or non-performance of, said mortgage and said mortgage conditions. 4 6. PLUMBERS AND PIPEFITTER LOCAL 520 ANNUITY FUND: HUSBAND is the owner of a retirement annuity through the Plumbers and Pipefitters Local 520. The parties have agreed that HUSBAND shall remove the entire balance of said annuity and that WIFE shall receive one-half of the marital net proceeds in the amount of The parties will endeavor to have the net proceeds divided by thj plan administrator and distributed in two (2) separate checks, one to WIFE and one to HUSBAND; however, should the plan administrator be unable to do so, HUSBAND shall pay WIFE her share within twenty-four (24) hours of his receipt of the proceeds. WIFE agrees to execute any documents necessary to allow HUSBAND to remove said funds. 7. BREACH: If either party breaches any provision of this Agreement, the other party. shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 8. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 9. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 5 10. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give frill force and effect to the provisions of this Agreement. 11. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 12. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 13. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 14. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 6 r 15. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and fir above wr4ten. WITNESS w AL) Cynth L. Stape r `'" (SEAL) ESS William E. Stape 7 1 00 COMMONWEALTH OF PENNSYLVANIA COUNTY OF V-AA t-n 6e-r 101 SS: ) On this, th day of , 2009, before me, a Notary Public, the undersigned officer, personally appe d William E. Stape, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set NOTARIAL SEAL JANE ADAMS Notary Public CARLISLE BORO., CUMBERLAND COUNTY My Commission Expires Sep 6, 2012 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ) On this, the N- day of ?d.' , 2009, before me, a Notary Public, the undersigned officer, personally appeared Cynthia L. Stape, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and f i 1 e 1. Notary Public COMMONWEALTH Of PENN SYLV NOTARIAL SEAL DARCIE A• NEIL, Notary Public Boro of Carlisle?X Cumberland Cou* My Commission ires Nov 24, 20M 8 Liu? LF G- I t s J 2 /AP '+s'ATOIJ AIAIA 3,!D 1. 'POO T':700 CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS OF ~ Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI ; V. : NO. 2006 - 6032 Civil Term ~r-~-- : WILLIAM E. STAPE, : CIVIL ACTION - LAW Defendant : DIVORCE i z 7i °n --1 t,J A PETITION FOR BIFURCATION ~ °o AND NOW COMES, William E. Stape, by and through his Attorney, and hereby avers the following in support of his Petition for Bifurcation: 1. Petitioner is William E. Stape, (hereinafter "Husband"), who resides at 607 Mill Race Court, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Respondence is Cynthia L. Stape, (hereinafter "Wife"), who resides at 399 , Limestone Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties were married on August 6, 1994 in Cumberland County, Pennsylvania. 4. The parties separated in 2007. 5. A divorce was filed under the above-caption on October 16, 2006. 6. It is now over five years since the divorce was filed. 7. An interim marriage settlement agreement was signed by the parties on July 21, 2009. 8. Husband received a pre-distribution of his retirement account and Husband signed off on the Deed to the marital home, in favor of Wife. 9. Husband has had some recent health problems which make him unable to maintain full-time employment. , 10. The only remaining asset in the marital estate is Husband's pension. 11. Husband is currently forty-nine years old and cannot withdraw from his pension at this time. J 12. Husband is requesting a bifurcation of this matter. 13. Section 3323c of the Divorce Code provides that the court may enter a Decree of Divorce prior to the final determination and disposition of the matters provided for if: (1) grounds have been established.... and (2) the moving party has demonstrated that: (i) compelling circumstances exist for the entry of a decree of Divorce or annulment; and , (ii) sufficienf economic protections have been provided for the other party during the pendency of fhe disposition of the matters provided for. 14. The parties have separated on March 1, 2007, pursuant to a stipulation that Wife would have sole and exclusive possession of the marital home, and said written stipulation has been filed under the above-captioned docket number. 15. A 3301(d) affidavit of separation, which states that the parties have been separated over two years, and which has been signed by Husband, is being filed contemporaneously with this petition. 16. Grounds are established under section 3301(d) of the Divorce Code, which requires that the parties be separated for finro (2) years. 17. Husband has significant health concerns and a bifurcation would help alleviate his stress levels. 18. Wife's interests are protected as she already has sole and exclusive possession of the marital home, Husband has signed over the Deed, and Wife received a pre-distribution from Husband's retirement account. WHEREFORE, Husband is requesting bifurcation of this matter. espectfully submitted, Date: dams, Esquire I. . No. 79465 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER A i VERIFICATION I verify that the statements made in this PETITION are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~ - ~ Date: William E. Stape, Defendant , ~ : IN THE COURT OF COMMON PLEAS ~ -i CYNTHIA L. STAPE, Plaintiff : CUMBERLAND C O U N T Y, P E N N S Y I o ,r~n 'U fTt V. : NO. 2006 - 6032 Civil Term : z~ ' WILLIAM E. STAPE, : CIVIL ACTION - LAW Zc ~ o~ Defendant . DIVORCE x~~ D --4 NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated on 0/-) C~ I,~ 00 and have continued to live separate and apart for a period of at least finro years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. , I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: r ~ J William E. Stape, Defendant , D CYNTHIA L. STAPE, Plaintiff V. WILLIAM E. STAPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLQNl re , Z NO. 2006 - 6032 Civil Term o at Ann! =; U; _UM CD CIVIL ACTION - LAW ?Q z° DIVORCE ZQ 3 °xFj yc _°? RULE TO SHOW CAUSE X W AND NOW, this if' day of Nev&Zte , 2011, upon consideration of the within Petition, a Rule to Show cause is issued upon the Plaintiff, Cynthia L. Stape, to why William E. Stape's request for a Bifurcation of the above-captioned matter should not be granted. Rule Returnable Z° days after issuance. BY THE COURT: - / - - , 4 ?,/, J. cc: Kris Smull, Esquire Jane Adams, Esquire r ' ROBINSON & GERALDO KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 F L E0 0 FhHCE 14F 2011 NOV 30 PH 2: 4 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff CYNTHIA L. STAPE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2006- 6032 WILLIAM E. STAPE CIVIL ACTION -LAW Defendant IN DIVORCE/CUSTODY ANSWER TO DEFENDANT'S PETITION FOR BIFURCATION AND NOW, comes Plaintiff/Respondent, Cynthia L. Stape (hereinafter "Wife"), by and through her attorney Kristopher T. Smull, Esquire, and files this Answer to Defendant's Petition for Bifurcation and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted; however, by way of further answer, said interim marriage settlement agreement specifically stated that it was entered into without prejudice to future equitable distribution and was not meant to finalize all matters between the parties. 8. Admitted. 9. Denied. It is denied that Husband's health problems make him unable to work. Wife believes, and therefore avers, that Husband's health issues are all due to his excessive consumption of alcohol. Wife believes that Husband is attempting to receive disability benefits but has been denied such benefits due to the fact that he is not disabled but is simply an alcoholic. 10. Admitted; however, by way of further answer, Wife also has a pending post-divorce alimony claim pending. 11. Wife is unable to respond as to the veracity of Husband's averment and, therefore, strict proof is hereby requested at the time of trial. 12. No answer is required pursuant to the Pennsylvania Rules of Civil Procedure. 13. Admitted. 14. Admitted. 15. Admitted. By way of further answer Wife has filed her counter-affidavit stating that, while she does not oppose the entry of a divorce decree, she has claimed economic issues that still need to be resolved before said decree can be entered. 16. Admitted. 17. Denied. As stated previously Husband's health concerns regard only his alcoholism and are self-inflicted. 18. Denied. If a divorce is granted prior to the issue of Husband's pension being resolved Wife will no longer be considered his surviving spouse under ERISA. As such, if Husband were to die prior to the issue being resolved she would receive nothing from Husband's pension. 2 By way of further answer this matter is already before the Divorce Master. The only thing preventing the matter from going to a hearing before the Master is the lack of funds to proceed by both parties. Husband is wasting the Court's time and Wife's resources by proceeding with this action. At the time of a pre-hearing conference the Master indicated that Husband's pension is more than likely a marital asset that is subject to equitable distribution; however he has not yet made an official finding as no hearing has been held. It is not believed that Husband disputes the marital nature of the pension. Husband could resolve this matter simply by agreeing to distribute the pension whereby resolving all remaining issues. Additionally, as stated previously, Wife also has a pending post-divorce alimony claim pending. WHEREFORE, Respondent, Cynthia L. Stape, respectfully requests this Honorable Court dismiss Defendant's Petition and order that the parties proceed to a hearing before the Master to resolve the remaining issues. ROBINSON & GERALDO Date: November 30, 2011 By: KRI TOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 2505 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Telephone No. (717) 232-8525 Attorney for Plaintiff 3 VERIFICATION I, Kristopher T. Smull, Esquire, attorney for Plaintiff, Cynthia L. Stape, verify that the statements made in this Answer to Petition for Bifurcation 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. Kriito er T. Smull, ire 4 CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, do hereby certify that on the ? 11-\ day of November, 2011, I caused a true and correct copy of the Answer to Defendant's Petition for Bifurcation to be served upon the following individual(s) by facsimile and first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Jane Adams, Esquire 17 West South Stree Carlisle, PA 17013 Respectfully submitted, ROBIN?ON & B Y: ' 5 r iLED-OFFICE L € III PRJTIaOAt?`?' 2911 NOV 30 PM 2: 36 CYNTHIA L. STAPE, CUMBERLAM(R WRT OF COMMON PLEAS OF Plaintiff PENNSVL)MBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 - 6032 Civil Term WILLIAM E. STAPE, : CIVIL ACTION - LAW Defendant : DIVORCE COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE. 1. Check either (a) or (b): V (a) I do not oppose the entry of a divorce decree. 2 (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): _ (i) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. V (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: I Cynthia L. StaPe, Plaintiff IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE, AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER- AFFIDAVIT. CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 - 6032 Civil Term WILLIAM E. STAPE, :CIVIL ACTION -LAW Defendant :DIVORCE AFFIDAVIT OF SERVICE ,..... Jane Adams, Esquire, do hereby certify that on November 15, 2011,_1,~erv~eti I , a true and correct copy of the AFFIDAVIT OF SEPARATION upon Plaintiff s ne~?in the above-captioned matter upon the following individual(s) by certified mail, r+~ct~, return receipt requrrsted, addressed as follows: --~ `~' ~~~=` = ;rte `; .~ ; ~, . Kris Smull, Esquire ~~ r~~ ~' °_ " c~.- Robinson & Geraldo ~ P.O. Box 5320 `"~ - Harrisburg, Pa. 17110 ATTORNEY FOR PLAINTIFF ^ Coat f~l~ls flame 1.2, and 3. Aiw corty~iete item 4 ff Restricted Delivery Is deelred. a X ^ PrIM name and addtgss on the reverse so th~~e can return the card to you. ^ AttacR;~his card to the Back of the mallpiece, it ff s. space perm or on ~e frorrt 1. Article l!4ddressed to: '~?~, ~~ S~N ~~ ~ ~ ~ , o - h ~. Q V~V /\ ~~'li~ ~~ ~~ ~ S~ ~ ' l I1 Z~ I 2. Artlcle Number (itarMer from service /adell P3 Form 3811, February 2004 Date: ~ ~ . a~ ~ a 711 115 ~00~ 189 5036 Domeetk Retum Reoelpt to2e~o2-hat5ao Respectfully Submitted: d' a Adams, Esquire . No. 79465 17 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT s. by (~ c. i ,Q,~rat,,d~ S, D. Is delhrery addieee ~ Item 11 If YES, er~ellvery a~9ss below: -~; '~j- i ~" vise ^ No 3. Service lye , ~CertHied Mail ^ Express Mail O Repiatered ^ Retum Receipt for t~chandise O Mtuttrd #AeN O C.O.D. 4. Rel~tCbd DetvariR (Extra Fee) ^ Yes CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 - 6032 Civil Term WILLIAM E. STAPE, : CIVIL ACTION - LAW Defendant - DIVORCE AND NOW, this ORDER OF COURT day of 2013, the economic claims raised in the proceedings have been resolved in accordance with a marriage settlement agreement which was filed of record, the appointment of the Master is hereby vacated and counsel can file a praecipe transmitting the record to the Court requesting a final Decree in Divorce. BY THE COURT, Kevi A. Hess, P.J. cc: ? Jane Adams, Esquire '? Gerald Robinson, Esquire 'a --, r%n CYNTHIA L. STAPE, Plaintiff V. WILLIAM E. STAPE, Defendant PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this f q14'_ day of birm, _, 2013, by and between Cynthia L. Stape of 399 Limestone Road, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and William E. Stape of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on August 6, 1994, in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, the parties entered an interim distribution agreement, dated July 31, 2009. NOW, THEREFORE, the parties affirm that agreement and further agree as follows: 1. HUSBAND'S PENSION: Wife shall receive 50% of the marital portion of Husband's pension benefits, to be effectuated through a Domestic Relations Order, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA- NO. 2006 - 6032 Civil Term `=ti' cr, r- N CIVIL ACTION - LAW DIVORCE which is hereby attached as Exhibit A. 2. SUBSEQUENT DIVORCE: The panies hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 2006- 6032, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken. The parties will execute Affidavits and Waivers or any other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code contemporaneously with this Agreement. 3. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 4. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of 2 any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter sha!1 have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 3 5. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel: Gerald Robinson, Esquire, for WIFE and Jane Adams, Esquire, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. n WITNESS ? ! Y WITNESS wtc? EAL) Cynthia L. Stape l e- (SEAL) William E. Stape 4 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF W onberl ) On this, the A day of 2013, before me, a Notary Public, the undersigned officer, personally appear d William E. Stape, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official eal. - Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Connie ]. Gibson, Notary Public Carlisle soro, Cumberland County My Commisson Expkes Aug. 17, 2015 MEMBER, PENNSYLVANIA ASSOQATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ) On this, the _[?_ day of ?, r c 2013, before me, a Notary Public, the undersigned officer, personally appeare Cynthia L. Stape, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Pubfi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Connie 1. Gibson, Notary Public Carlisle Soro, Cumberiand County My Commission Expires Aug. 17, 2015 MEMBER, PENNSYLVANIA ASSOQA7ION OF NOTARIES 5 CYNTHIA L. STAPE, Plaintiff V. WILLIAM E. STAPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 6032 Civil Term CIVIL ACTION - LAW DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW COME, Cynthia L. Stape and William E. Stape, parties in the above- captioned matter, and present this Domestic Relations Order, in accordance with the agreement of the parties herein. The following disposition is made of the Participant's pension benefit through his participation in the pension plan named below: Plumbers and Pipefitters Local No. 520 Pension Fund c/o D.H. Evans Associates 2207 Forest Hills Drive, Suite 14 P.O. Box 6480 Harrisburg, Pa. 17112-1005 1. Plan Participant Information. The Plan Participant is William E. Stape, whose current mailing address is: NONE; homeless at this time. Please forward all paperwork to his Attorney, Jane Adams, Esquire, at 17 W. South St., Carlisle, Pa. 17013. His date of birth is December 3, 1961. 2. Alternate Payee Information. The Alternate Payee is Cynthia L. Stape, whose current mailing address is 399 Limestone Road, Carlisle, Pennsylvania, 17015. Her date of birth is September 3, 1955. 3. Date of marriage and Divorce. The Plan Participant and the Alternate Payee were married On August 6, 1994, and were granted a divorce on 4. Assignment of Benefits to Alternate Payee. The Alternate Payee is hereby assigned a portion of the pension benefit that would otherwise be payable to the Plan participant. The Fund is to make payment of the Alternate Payee's benefit directly to her. 5. Formula for Determining Alternate Payee Benefit. The Fund shall determine the Alternate Payee's portion of the Participant's benefit as follows: 50% X Pension Credit Accrued during, Marriage = Benefit Amount On Total Pension Credit on Effective Date Effective Date 6. Form of Payment to Alternate Payee. The Alternate Payee shall receive her benefit as a separate entitlement, payable for her lifetime. The Alternate Payee may choose to have her benefit paid in any form available to her under the Plan, with the exception of the 50% Husband and Wife Pension, the 75% Husband and Wife Pension, the 100% Husband and Wife Pension, or the 50% Joint and Survivor Pension with a subsequent spouse. Survivor benefits, if any, will be paid in accordance with the form of payment elected by the Alternate Payee and will be payable to her designated beneficiaries. 7. Form of Payment for Participant. The participant may elect any form of payment available to him under the Plan for the portion of his benefit not assigned to the Alternate Payee under this Order. This entitlement includes the right to elect a Surviving Spouse form of payment for a subsequent spouse. 8. Commencement of Payments to Alternate Payee. The Alternate Payee may, upon written application, chose to begin receiving her portion of the Participant's benefit at any time after the Participant reaches his earliest retirement age under the Plan. Should the Alternate Payee die prior to establishing an Effective Date of Benefits, her portion will revert to the Participant. If the Alternate Payee has not entered pay status prior to the Participant establishing his Effective Date of Benefits, the Alternate Payee will begin receiving her portion of the Participant's benefit as of his Effective Date of Benefits. 9. Preretirement Surviving Spouse Pension: In the event that the Participant dies prior to the date the Alternate Payee establishes her Effective Date of Benefits, the Fund shall treat the Alternate Payee as the Qualified Surviving Spouse of the Participant for purposes of the Preretirement Surviving Spouse Pension. Should such a benefit become payable to the Alternate Payee, upon application, she shall be entitled to receive a 100% Husband and Wife Pension payable for her life, based on that portion of the Participant's benefit set out in Paragraph 5 of the Order. 10. Federal Tax Reporting. For Federal Income tax purposes, the Alternate Payee and not the Plan Participant shall be treated as the distributee of all benefits made by the Fund to the Alternate Payee pursuant to this Order. The Fund will issue a 1099R to the Alternate Payee at the end of each calendar year and report such income to the IRS under the Alternate Payee's name and Social Security Number. 11. Right to Amend: The Court retains jurisdiction over this matter to amend this Order if necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under the Retirement Equity Act and the rules of the Plumbers and Pipefitters Local No. 520 Pension Fund. WITNESSETH: I ' YVVVV` William E. Stape, Participant Date: S?. M k • kk- ?5? Cynthia L. Stape, Alternate Payee Date: I is SO ORDERED, this . day of , 2013. By the Court: J. cc: Gerald Robinson, Esquire Jane Adams. Esquire CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 - 6032 Civil Term -7a WILLIAM E. STAPE, : CIVIL ACTION - LAW Defendant : DIVORCE C) AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on October 16, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: / Q CF/j Cyn thi . S ape, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?4 ?,14 ( 7(o Cynthia L. Stape, Plaintiff CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA--; V. : NO. 2006 - 6032 Civil Term ?WILLIAM E. STAPE, :CIVIL ACTION -LAW c7 - Defendant : DIVORCE AFFIDAVIT OF CONSENT } 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on October 16, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. r) Date: William E. Stape, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND $3301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 1 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ,-)/19//3 William E. Stape, Defendant , CYNTHIA L. STAPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006 -6032 Civil Term WILLIAM E. STAPE, : CIVIL ACTION - LAW Defendant : DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW COME, Cynthia L. Stape and William E. Stape,parties in the above- captioned matter, and present this Domestic Relations Order, in accordance with the agreement of the parties herein. The following disposition is made of the Participant's pension benefit through his participation in the pension plan named below: Plumbers and Pipefitters Local No. 520 Pension Fund c/o D.H. Evans Associates 2207 Forest Hills Drive, Suite 14 P.O. Box 6480 Harrisburg, Pa. 17112-1005 1. Plan Participant Information. The Plan Participant is William E. Stape, whose current mailing address is: 399 Limestone Road, Carlisle,Pa. 17015. His date of birth is December 3, 1961. 2. Alternate Payee Information. The Alternate Payee is Cynthia L. Stape, who currently lives at: 399 Limestone Road, Carlisle, Pennsylvania, 17015. Her date of birth is September 3, 1955. 3. Date of marriage and Divorce. The Plan Participant and the Alternate Payee were married on August 6, 1994, and were granted a divorce on March 6, 2013. 4. Assignment of Benefits to Alternate Payee. The Alternate Payee is hereby assigned a portion of the pension benefit that would otherwise be payable to the Plan participant. The Fund is to make payment of the Alternate Payee's benefit directly to her. 5. Formula for Determining Alternate Payee Benefit. The Fund shall determine the Alternate Payee's portion of the Participant's benefit as follows: 50% X Pension Credit Accrued during Marriage = Benefit Amount On Total Pension Credit on Effective Date Effective Date 6. Form of Payment to Alternate Payee. The Alternate Payee shall receive her benefit as a separate entitlement,payable for her lifetime. The Alternate Payee may choose to have her benefit paid in any form available to her under the Plan, with the exception of the 50%Husband and Wife Pension,the 75%Husband and Wife Pension,the 100%Husband and Wife Pension, or the 50%Joint and Survivor Pension with a subsequent spouse. Survivor benefits, if any,will be paid in accordance with the form of payment elected by the Alternate Payee and will be payable to her designated beneficiaries. 7. Form of Payment for Participant. The participant may elect any form of payment available to him under the Plan for the portion of his benefit not assigned to the Alternate Payee under this Order. This entitlement includes the right to elect a Surviving Spouse form of payment for a subsequent spouse. 8. Commencement of Payments to Alternate Payee. The Alternate Payee may, upon written application,chose to begin receiving her portion of the Participant's benefit at any time after the Participant reaches his earliest retirement age under the Plan. Should the Alternate Payee die prior to establishing an Effective Date of Benefits,her portion will revert to the Participant. If the Alternate Payee has not entered pay status prior to the Participant establishing his Effective Date of Benefits,the Alternate Payee will begin receiving her portion of the Participant's benefit as of his Effective Date of Benefits. 9. Preretirement Surviving Spouse Pension: In the event that the Participant dies prior to the date the Alternate Payee establishes her Effective Date of Benefits, the Fund shall treat the Alternate Payee as the Qualified Surviving Spouse of the Participant for purposes of the Preretirement Surviving Spouse Pension. Should such a benefit become payable to the Alternate Payee,upon application, she shall be entitled to receive a 100%Husband and Wife Pension payable for her life, based on that portion of the Participant's benefit set out in Paragraph 5 of the Order. 10. Federal Tax Reporting. For Federal Income tax purposes,the Alternate Payee and not the Plan Participant shall be treated as the distributee of all benefits made by the Fund to the 10. Federal Tax Reporting. For Federal Income tax purposes, the Alternate Payee and not the Plan Participant shall be treated as the distributee of all benefits made by the Fund to the Alternate Payee pursuant to this Order. The Fund will issue a 1099R to the Alternate Payee at the end of each calendar year and report such income to the IRS under the Alternate Payee's name and Social Security Number. 11. Right to Amend: The Court retains jurisdiction over this matter to amend this Order if necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under the Retirement Equity Act and the rules of the Plumbers and Pipefitters Local No. 520 Pension Fund. WITNESSETH: 14 William E. Stape, Participant Date: 13 Cynthia L. Stape, Alternate Payee';, Date: °�-' 4 1 SO ORDERED,this -'-r 'day of 2013. By the Court: � r 1 cc: Gerald Robinson, Esquire C'.) r-,J CM C-1 7' Jane Adams, Esquire -n rn-- 6 e< e ,YIX-113 2 , 1P C-I-n