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HomeMy WebLinkAbout94-02941 , . . *,~~~***~~~~*~**~,*'~*'~)*'*._~.._~-~~ ~{.-.~-- -_.__..........-.........#.....-----~.-...-....., ~.~,.-~,..._'-_.- ,-.... ~.', ~_..-_.. ,.....,.~~~...........""~~..__._""-.~_-...--;..,~ :'1 ~l ~q IN THE COURT OF COMMON PLEAS ,', ~ OF CUMBERLAND STATE OF ~ COUNTY ~ ',' PENNA. ~I ',' ~ ~ KIMBER ROHRER-VARNER, ,Plaintiff N (), 2 941ddddd ,c.:~Y~,I,.,.. It) 94 $ ~ ~. Vl~I'~IIS $ A, DANIEL VARNER, III, Defendant * ~ " S * DECREE IN DIVORCE AND NOW, ..1~,1, ~,?,\.... ~,~)...... 19?~..., it is ordered and decreed that ".""""". ~~~~~,~ ,~9~,~~:-YA~~R " " " , , , " plaintiff, and"..,....,..........., ..~" P~I~.~ .v'(\~F;~,. ,~n...."", defendant, are divorced from the bonds of matrimony, ~ ~l ',' ~ ,'. ~ ',' ,', ~ w ~.' w ',' i ',' $ 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; * ~ ',' * All other claims have been resolved in a Property Settlement and S'e'patiit'ioil' l\'greement' 'dated' 'Augi.isf '11'" '199'5; , if 'dopy' 'df' wliich' 'i:S <l,t,t;lj.che,cl,h~.r,eto ,a.nQ, ;i.ncQrP,o'l;at:e,d.., p~t; ,T:l9~, ,l\lfi!rgtlQ, , Atll;fi!;i.n ,by.." reference a though fully set forth. w ',' w ~.' Dy (;rhe Cn~_r\....!... /' f) 0, t- 0..."- ,o.U.c-l( r- ~-~/ Atle.t:y4'W-<.!'.u:i C tJc46" ~~?f...., p J, ., -I ~-7 - IV:" j/ Xd/t:' . ~ I 7 Prnlhonnlnry M ,.' ~ w ',' w ~.' ~ ~ 7- g ~,-;;-.:' .':Ii..' ';.I'~' ...~. '. v. ',' w. ',' ~ ',' ~ " ~ ~ ',' ,'. :, s $ v. ',' ~ ',' ~ ',' w ',' ~ ... ~ f~ ~ ',' ,~ ., i ',' ~ '? s " ~ ~.' ~ ~,' * ~ ~ ~ i~ ,v !~ )* I". I~ (~ I'" (,'. j~ i' :~ '~ 'e ,'~ '* :~ .*.**~.**~.~*~.****..*.*.~.**~.~. 1l.30.'?f uJ, t't'flII1;.J/ t:' tJ,~~ l' 30 c,'{ 71,,~ /11:..J./ -;;: at; ~ , , I , '! PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT, made this II ~ day of August, 1995, at Carlisle, Cumberland County, Pennsylvania, by and between KIMBER ROHRER-VARNER of 1131 Harrisburg Pike, carlisle, Cumberland county, perinsylvania 17013 (hereinafter referenced as "Wife") AND A. DANIEL VARNER, III, of lOB Meals Drive, Carlisle, Cumberland county, Pennsylvania 17013 (hereinafter referenced as "Husband"). ARTICLE I SEPARATION 1.01 Separation of Parties. Differences have arisen between the parties as a result of which they have been living separate and apart since March 25, 1994. 1.02 Intention to Live Apart. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Eauitable Distribution of Marital Propertv. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in S40l of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, I , " employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2.02 Incorporation and Merqer. This Agreement shall be incorporated but not merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein and except as to issues of child support and child custody, shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to -2- enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Aareement Predicated on Divorce. It is specifically understood and agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for institution and prosecution of an action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the -3- Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Eauitable Division of Real Propertv. concurrently with execution of this Agreement, Husband shall execute a recordable assignment to Wife of all of his rights under an Installment Agreement of Sale for the premises known and numbered as 1131 Harrisburg Pike, Carlisle, Pennsylvania. Said assignment shall be held in escrow by counsel for Husband and shall be delivered to counsel for Wife upon issuance of a Decree divorcing the parties hereto from the bonds of matrimony. By her execution of this Agreement, Wife assumes all of the obligations of the Purchasers under said Installment Agreement of Sale and agrees to indemnify and hold Husband harmless therefrom. By her execution of this Agreement, Wife assigns to Husband any rights that she may have by virtue of the marriage in Lot 43, Block 609, of lB Addition to Port Charlotte Subdivision, Sarasota County, Florida and in Husband's real estate in Skyridge Estates, Gilmer county, Georgia. -4- 3.02 Eauitable Division of Personal Prooertv. (a) The furniture, household goods and other similar untitled personal property and motor vehicles have been divided to the mutual satisfaction of the parties hereto, and each of the parties retains absolute ownership of such items in his or her possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, except as provided otherwise in this Agreement; (b) Anything herein to the contrary notwithstanding, disposition of the Charles Schwab and American Capital Equity Income Fund accounts shall be, as follows: (1) Fifty-two and one-half percent (52.5%) of the shares and cash in account number 9049-3576 at the date of division shall be rolled over as soon as reasonably possible, after issuance of a Decree divorcing the parties hereto from the bonds of matrimony, into a tax deferred account to be designated by Wife. It is the intention of the parties to effect a tax free rollover of these funds. -5- However, any tax consequences that may ensue as a result of said transfer shall be borne by Wife; (2) Fifty-two and one-half percent (52.5%) of the assets in account number 9049-3584 at the date of division shall, at the election of Wife, be distributed directly to Wife or rolled over as soon as reasonably possible, after issuance of a Decree divorcing the parties hereto from the bonds of matrimony, into a tax deferred account to be designated by Wife; and (3) As soon as reasonably possible after issuance of a Decree divorcing the parties hereto from the bonds of matrimony, Husband shall designate Wife as a Co-Trustee of account number 9049-3667; (c) Wife's pension and other employee benefit accounts, including without limitation, her savings and security and ESOP plans shall remain the property of Wife; and (d) The parties will execute and deliver any documents necessary to formally release their rights and all claims to the life insurance of the other. ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Wife shall assume responsibility for all obligations to which she is a party at her employee credit union. 4.02 Post-SeDaration Obliaations. Each party represents to the other that, except as specifically set forth immediately above, there are no outstanding joint obligations of the parties -6- and that since the separation neither party has contracted for any debts for which the other will be responsible. Each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Article IV. ARTICLE V CHILDREN 5.01 Custodv. Child custody shall remain outside the scope of this Agreement. 5.02 Support. Child support shall remain outside the scope of this Agreement. ARTICLE VI ALIMONY 6.01 oualified Waiver. Each of the parties waives alimony generally. ARTICLE VII COUNSEL FEES 7.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within thirty (30) days from the date of this Agreement, each of the parties hereby assumes her and his own counsel fees up to and including the date of the Decree in Divorce. Husband's only obligation hereunder shall be to deliver an Affidavit of Consent for the entry of a no-fault divorce decree under S3301(c) of the Divorce Code, as well as a Praecipe, signed by counsel, withdrawing any claims in said action. -7- 7.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the divorce, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. ARTICLE VIll GENERAL PROVISIONS 8.01 Income Tax Conseauences. The parties have heretofore filed joint fe~eral and state income tax returns and will be filing separately for 1994. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense -8- incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 8.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 8.03 Subseauent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any juriSdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted or concluded, the parties will be bound by all of the terms of this Agreement. B.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other -9- parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced; (b) to share in the other parties' estate in cases of intestacy; and (c) to act as executor or administrator of the other parties' estate. 8.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 8.06 Full Disclosure. Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wheresoever located belonging in anyway to each of them, of all sources and amounts -10- of income received or receivable by each party, and of every other fact relating in anyway to the subject matter of this Agreement. These disclosures are part of the considerations made by each party for entering into this Agreement. B.07 Riqht to Live Seoaratelv and Free from Interference. Each party will live separately and apart from the other at any place or places that he or she may select. Neither party will molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 8.08 Aqreement Voluntary and Clear Iv Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counselor, having had the opportunity to do so, having decided not to do so; (c) Has given careful and mature thought to the making of this Agreement; -11- (d) Has carefully read each provision of this Agreement; and (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 8.09 Compliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. 8.10 Default. If either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at I ~ I his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. 8.11 Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 8.12 Successors and Assians. In the event of the death of either party prior to the issuance of a Decree in Divorce, this Agreement shall survive the death; and all property, whether jointly or separately owned, shall be divided under the terms of this Agreement between the estate of the decedent and the surviving spouse as though the Decree had issued prior to the death. Except as otherwise expressly provided herein, this Agreement will be binding on and inure to the benefit of the -12- respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. B.13 Law Governina Aareement. This Agreement will be governed by and will be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof. B.14 condition Subseauent. This Agreement is expressly contingent upon the parties' mutual consent, within thirty (30) days from the date of this Agreement to the issuance of a Decree in Divorce in the pending divorce proceedings, which consent would not be revoked prior to issuance of a Decree in Divorce. In the event of failure or revocation of consent as required herein, this Agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. Signed, Sealed and Delivered in the Presence of: i{J'r /~ (SEAL) ~~6,~ (SEAL) -13- COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the I/~ day of August, 1995, before me, the undersigned officer, personally appeared KIMBER ROHRER-VARNER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ (.."j;C Notary pu~c Notarial Seal Connl. J, Tritt, Nolary Publlo Carlisle. Cumberl.nd Counly My Commlttlon Explru OeL 5, 19!6 COMMONWEALTH OF PENNSYLVANIA ) ) SS: ) COUNTY OF CUMBERLAND ":lId-' On this, the ~ day of August, 1995, before me, the undersigned officer, personally appeared A. DANIEL VARNER, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. f' Publi tary / llOTARlAL SEAL .10M E, SIIITH, HOTARY PU8l1C CARliSLE IlOAOUGH, CUll8ERt.AICD CO.. M IIV COIIIIISSION EXPIlIES IlARCH 23. IIl9ll -14- KIMBER ROHRER-VARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . . . v. . . : NO. 94-2941 CIVIL TERM A. DANIEL VARNER, III, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under S3301(C) of the Divorce Code. 2. The date and manner of service of the Complaint were June 20, 1994, by acceptance of service. 3. Date of execution of the Affidavit of Consent required by S3301(c) of the Divorce Code by Plaintiff was August 18, 1995, and by Defendant was August 21, 1995. 4. Related claims pending: None. Date: August 22, 1995 Shade for Plaintiff WAYN!! F, SHAD!! Aaomcy at LAw 53 Wut Pomtrd Strtd Carli.Set Pnuuytvania 17013 ~ ....;0- ~- ....'" ~("r:;.:;..t _:.r.t,;.:;" ~~~;l :; .,.~~:: :i,..-....';;; " ..::.2: ,Jlt.;;e ..z,.,.:.,.... ,.3. (L ::> ::;~ ::i U> #' en - '" U :::J -.: " - f . (b) One (1) week during the summer upon thirty (30) days' notice in writing from the father to the mother; provided, nevertheless, that the father may not select any week that the mother has previously designated to the father in writing; (c) Holidays in accordance with the mutual agreement of the parties; (d) Such other periods of partial physical custody as the parties may from time to time agree; and (e) Transfer of custody shall take place where the mother resides, with the father to be responsible for obtaining and returning the child at that location. By the Court., Jfru~ r/L< / '){ J. WAYNe F. SHADe ^uomey a' uw 5 South Hanover StrM Carli_Ie'. Pnwylv&nu 17013 DCI 1:1 il 2:; ~H 19~ I' ~ ~ ,', r. 'f il ;.- , , '-'f . .. A. DANIEL VARNER, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94-2941 CIVIL TEP~ KIMBER ROHRER-VARNER, Defendant CUSTODY STIPULATION FOR CHILD CUSTODY b AND NOW, this 5 day of October, 1994, come Plaintiff A. DANIEL VARNER, III, and Defendant KIMBER ROHRER-VARNER by and through their respective attorneys, William C. Vohs, Esquire, of Saidis, Guido, Shuff & Masland, and Wayne F. Shade, Esquire, and with regard to custody of their minor child, Chelsea K. Varner, born December 27, 1988, stipulate and agree, as follows: 1. Custody of said child shall be as set forth in the foregoing Order of Court. 2. Should either party at anytime in the future petition the Court for a modification of this Order, it shall not be necessary for the party to show a change in circumstances and all relevant facts and circumstances shall be subject to judicial review and not only those existing subsequently to the entry of this Order. 3 . It is the desire and intention of the parties hereto that this stipulation for Child custody be entered in the Court of Common Pleas of Cumberland county, Pennsylvania, and that it be WAYNE F. SIIAUE Anomc)' al taw 5 South H~O\'tf ,stml C.IIlille, Prnn.)'lvam~ 1701) . " .v endorsed as an Order of Court so as to have the full effect thereof. SAIDIS, GUIDO, SHUFF & MAS LAND ~~E~ Way e . Shade Attorney for Defendant By: Wl Attorney ohs for Plaintiff WAYNE F. SIIAUI! Aaomcy II Lall.. 5 South Hanover Slr<<1 C.rlidC'. I'rMI)'lvanu. nun -2- II ~ rz..( I OH ~~ ~ CO) I ..:l>'l rn .... p,rn ::> t; ~ ~ffi U ~ ~.... ~ , s i ~ ~ ~p, ~ I~ H ~ ~ ~ o -3: :a ~ i ~ i U~'(..:l , U ..:lH I~ rz. > >s:: Il:: o I H I Cd 0 ~~XP, o U Il::'tl rz. 8UZ ~~ ~ < !i ~ ~ O..-i >..-1 ~ c1l !!l ~H~ Cd I/) ~ o 801 ..:l..-i . OGl H U UN rzlP, > Il::e:l ~ C,) tij.(l>< H ~ ~e:l ~ el rzl::lOlg ~ p, ~ > . rn H Z~t-lO::> -: 8 . . . . KIMBER ROHRER-VARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . v. . . . . NO. 94-2941 CIVIL TERM A. DANIEL VARNER, III, Defendant . . : IN DIVORCE PRAECIPE TO: Lawrence E. Welker, Prothonotary Please withdraw our claims for alimony, alimony pendente lite, counsel fees, expenses, costs, equitable distribution and such further relief as the Court may deem equitable and just in the above-captioned matter. Date: August 22, 1995 d/~ "c~d_ Wayne . Shade Attorney for Plaintiff WAYNI! F. SHADE Aaomey at Law l) Weal Pant'" sum CAlIisIe, Pmnsylv.... 1701) = - ....... ....~ ~2:" ~n:::'~" - .:1:"-"'" '-0.0...... OI...'rC'" !'",) ~. -.2: .. 0' >- .~.., :-...,..' ....,./:.1:: . ,~'.WJ , .t.l~ ..-~ o =-= -- "', ~ 0') ~ c..~ :::0 - " \ KIMBER ROHRER-VARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. . . NO. 94-2941 CIVIL TERM A. DANIEL VARNER, III, Defendant IN DIVORCE AFFIDAVIT REGARDING CONSENT AND MARRIAGE COUNSELING COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under section 3J01(c) of the Divorce Code with Notice of Availability of Counseling was filed on June 1, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint, J. I consent to the entry of a Final Decree of Divorce without notice. 4, I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I . 1 may request that the Court require that my spouse and I participate in counseling. 6. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 7. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 8. 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: .~ ,;J. ~ I f~5 ~~~~ A. anlel Varner, III := - :5 .", ,2'.' 0")' ~ .y;: !''''~''f Ult,>;:: r '=:S~..t u...("J... .. .... ~~:'t....J ~." .~ '.. -'", ... . ,;J-! .. ~~ ':: ~':..:i.: ..1. '" ~<.> '" ~ ro.I c.:I => '"'" J KIMBER ROHRER-VARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. : NO. 94-2941 CIVIL TERM A. DANIEL VARNER, III, Defendant . . IN DIVORCE AFFIDAVIT REGARDING CONSENT AND MARRIAGE COUNSELING COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on June 1, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. 4. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before the entry of a Final Decree in Divorce, the right to claim any of them will be lost. WAYNE F. SHADI! Atlomty at taw 53 Wca1 romrrd StrW C.rlillc. Pmal)'tvania \1013 5. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 6. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 7. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 8. 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: ~ /tf/ff.5 ~~L~:~::~ WAYNE F. SHADE A_ .. I.Iw .53 Welt Pomfrd SIted Carwlc:, Pmruylvaaia 17013 U") en - >->- "'... .:z ....",,:..,... 0_0;.;,,'- ~?iO~ ~~,~~~-~ ,,:...i- ...;\.~t;~ . '.' ~..,h. i. .xl~ => ~c.> :E: -= ." .::I' 0") -::r ........ U :::0 c: , . KIMBER ROHRER-VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No. 94-2941 Civil Term A. DANIEL VARNER, III, Defendant IN DIVORCE ORDER AND NOW, this ?~ay of September, 1995 upon consideration of the attached Stipulation of Counsel, it is ordered and decreed as follows: (1) Fifty-two and one half percent (52.5%) percent of the cash and shares held by A. Daniel Varner, III in Accounts Number 9049-3576 and 9049-3584 at Charles Schwab & Co., Inc. shall be transferred forthwith into Account No. 7246127711400 titled in the name of Kimber Rohrer-Varner at Smith Barney, Inc., Strawberry Square, Second Floor, Harrisburg, Pennsylvania. (2) Fifty (50%) percent of the cash and shares held by A. Daniel Varner, III as Custodian for Chelsea Kathleen Varner in Account Number 9049-3667 at Charles Schwab & Co., Inc. shall be transferred forthwith into a separate Schwab account titled in the name of "Kimber Rohrer-Varner Custodian for Chelsea Kathleen SAlOIS, GUIDO, Varner. " SHUFF & MASLAND (3) The parties shall cooperate fully to accomplish an 26 W. High Street Cnrlisle. PA expeditious transfer of funds as set forth above. For purposes of determining the actual amounts to be transferred, the various accounts shall be valued as of the date of transfer. :. : This Court's prior Order of June 27, 1994 enjoining Defendant from withdrawing and Charles Schwab & Co., Inc. for distributing any sums from the parties I various accounts is hereby vacated and there shall no longer be any restrictions on any accounts held by the parties hereto. BY THE COURT: ~JCl( 'If f.~ J1~ / HAROLD E. SHEELY, P.J. SAlOIS, GUIDO, SHUFF & MAS LAND 26 W. High Sir"'" ClU'lisle,PA Sep 12 8 42 AH '95 l~ FIC€ 'lH(Pj,'.;'!.\i\Y , . ' 'iii, ' ',n "j-, ", :' KIMBER ROHRER-VARNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 94-2941 Civil Term v. A. DANIEL VARNER, III, Defendant IN DIVORCE PETITION FOR STIPULATED ORDER AND NOW, comes Plaintiff by and through her counsel Wayne F. Shade, Esquire and Defendant, by and through his counsel, Edward E. Guido, Esquire and aver as follows: (1) On June 27, 1994, this Honorable Court entered an Order which provided, inter alia, as follows: Defendant is enjoined from withdrawing and Charles Schwab & Co. , Inc., as garnishee, from distributing any of the accounts at Charles Schwab & Co., Inc., until further written agreement of the parties hereto or Order of this Court. (2) On August 11, 1995, the parties entered into a Property Settlement and Separation Agreement which was incorporated into the Final Decree in Divorce issued by this Honorable Court on August 30, 1995. SAlOIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle. PA (3) The aforesaid Property Settlement and Separation Agreement provides for the division of the Schwab accounts between the parties. (4) The parties desire this Court to enter an Order in the form attached hereto. : WHEREFORE, the parties pray this Honorable Court to enter an Order in the form attached hereto. w<<~S~ire Attorney for Plaintiff , ,to ; ~,----- ,< Edward E. Guido, Esquire Attorney for Defendant SAlOIS, GUIDO, SHUFF & MASLAND 26 w. High Slrecl Carlisle. PA ,~ 1.." ~'V I') ... ~ @ '1 ~ Q Z < ~ .... ~ !;j~~ !fl ~:z:~<~ U ..... In I- Z'" - ~><VlZN !t OO:CIllr::' OQ~g':E. ~ ~O:C~1Il <(.... ' 'IIlZ ...I ".c..~-o .., ",-':c .. N c: a.. rIJ <( _ U Q - < rIJ , . Sf. ' , ,- rz..( OH ~~ p,rn ~ffi ~ ~p, e o '3: tJ~.(..:l ..:lH rz. > o I H o tJ E-<tJZ ~J8;rzl o E-tOltJ U tJN~ .(10 rzl .,,> :x: ..:lOlH E-<~H j:l >. Z HOZ , el ~~ >~ I '.-I ~.~ OM !l::p, el ~ H ,., , H H H Iol ~ 1:: ~ j ~ ~ = t; ~ tI.l !< !f ..l ~ >- _ >- M u.l S !2 - ~ "" ffi ~ ~ ~ ~ ==<~5 '" ..l on ::! u , I~ >Gl ~ . ..:l Gl > rzlj:l H ~ l:! lil o tJ [i! . .. -, \ , KIMBER ROHRER-VARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-,)Jf41 CIVIL TERM v. . . A. DANIEL VARNER, III, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE. 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 ~~ ~.dZ/L Wayn F. Shade Attorney for Plaintiff WAYNH F, SIIAIlI! AUomry a' 1.aw 5 Soulh UanO'Vu SIr<<1 Carlislt'. I'rnnsylvania nun , KIMBER ROHRER-VARNER, plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. : NO. 94- CIVIL TERM A. DANIEL VARNER, III, Defendant : IN DIVORCE COMPLAINT COUNT I DIVORCE 1. plaintiff in this Action in Divorce is KIMBER ROHRER-VARNER, an adult individual who resides at 1131 Harrisburg Pike, Carlisle, cumberland county, pennsylvania 17013, 2, Defendant is A. DANIEL VARNER, III, an adult individual and citizen of the United States of America who resides in cumberland County, Pennsylvania, but can be served at Varner's Texaco, 2100 East Main street, Waynesboro, Franklin County, Pennsylvania 17268. 3. Defendant has been a bona fide resident of cumberland county, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiff and Defendant were lawfully joined in marriage on October 12, 1985, in cumberland County, Pennsylvania. WAYNE F, SHA!lH ^~'ll..w ~ South Hanovu Sll<<t Carlisle. Pmns)'lvania 17013 , 5. The parties have been living separate and apart since March 25, 1994. 6. Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of plaintiff burdensome. In the alternative, plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive, 9. Both parties to this Action in Divorce are sui juris. 10. Defendant herein is not a member of the armed forces of the United states of America. 11. There was one child born to the parties, namely, Chelsea Kathleen Varner, born December 27, 1988. WAYNE F. SHAUE Atlomty .1 l.aw S South Hanovtr Stttcl C.r1i,lt. PmnI)'lvania 1701) -2- , 12. Plaintiff has no adequate means of support for the child. 13. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 14. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by the Court. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 15. The averments of Paragraphs 1 through 14 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. COUNT III ALIMONY AND ALIMONY PENDENTE LITE 16. The averments of Paragraphs 1 through 14 inclusive above are incorporated herein by reference as though fully set forth. WAYNIl F, SHAllll Anomry al Law S South HanO\lu Stm'1 Carlisle. 1'tnn1)'lvania 17013 -3- WHEREFORE, Plaintiff demands judgment compelling Defendant to pay to Plaintiff alimony and alimony pendente lite. COUNT IV COUNSEL FEES, EXPENSES AND COSTS 17. The averments of Paragraphs 1 through 14 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay counsel fees, expenses and costs of Plaintiff. COUNT V CUSTODY 18. The averments of Paragraphs 1 through 14 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment awarding custody of the child to Plaintiff. C((~ ~CZ.~ Wayn F. Shade Attorney for Plaintiff WAYNE F, SHADE Anomcy at lAw 5 South Hanovtr Strrd Carlillt. PrnnI)'lvania 1701l -4- I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: June l, 19Y4 ~.&b.~~ WAYNE F, SIIAun Atlomt)' at taw 5 Sooth HanoYtr Strtd Carli.at. 1'mn1)'lvanil I7UIl KIMBER ROHRER-VARNER, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . v. NO. 94-2941 CIVIL TERM A. DANIEL VARNER, III, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this /1t11 day of l J;-4N L.. , 1994, upon consideration of the within Motion and upon Motion of Wayne F. Shade, Esquire, attorney for Plaintiff, it is hereby ordered and decreed that a hearing be set for 7huIl.S.lJ/f Y , 1994, at :i(:.]O o'clock,1.M., in Courtroom No. / of the Cumberland County Courthouse, Carlisle, Pennsylvania, to determine whether or not the Preliminary Injunction prayed for by Plaintiff should be issued. Rule returnable at the hearing. By the Court, JJc~1 E-R-c J. WAYNB F, SHAllB AUomt)' a' Law 5 South Hanovcr Slrttt C.rlillc. Ilmmylvania 1701:\ vV J ' C''' . ~ VI}- fIr ,~"\ ~D tp' \~/ '. ;,;; J~II ii 111\1 ~\\ '9~ ',' :.h' (,. ,'\' I" ".il KIMBER ROHRER-VARNER, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. NO. 94-2941 CIVIL TERM A. DANIEL VARNER, III, Defendant IN DIVORCE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff KIMBER ROHRER-VARNER, by her attorney, Wayne F. Shade, Esquire, and moves your Honorable Court for issuance of a Preliminary Injunction against Defendant A. DANIEL VARNER, III, and CHARLES SCHWAB & CO" INC., pursuant to Pa. R.C.P. Nos. 1531 and 1920.43, as follows: 1. On June 1, 1994, plaintiff filed a Complaint in Divorce against Defendant alleging indignities to the person and irretrievable breakdown as the alternative grounds and requesting equitable distribution of marital property. 2, The primary items of marital property are accounts at Charles Schwab & Co., Inc., 17 South Market Square, Harrisburg, Dauphin County, Pennsylvania, registered in the name of Defendant with values of at least $300,000. 3, On or about March 25, 1994, Defendant abandoned plaintiff, their five year old child and the marital dwelling and took up with another woman. WAYNE F, SHADE ADOfDe)' at taw 5 South Hanovn SUftI C'arlillt. rrnnlylnnli \101) WAYNH F, SIIAIlI! Anormy al taw S South HanOYt'f Str<<1 ("arlillC'.I'rMI)'lnnia I1UIl 4. Plaintiff believes and therefore avers that, since the beginning of 1994, Defendant has appropriated to his exclusive use or expended in excess of $50,000 of the marital assets of the parties. 5. Because of the highly liquid nature of the marital assets on deposit at Charles Schwab & co., Inc., Plaintiff avers that an injunction is necessary to prevent disposition of such property prior to the issuance of a decree in equitable distribution. 6. Plaintiff avers that she does not possess or control sufficient marital property in order to leave her with any means to recover her share of marital property in equitable distribution if Defendant were to dispose of anymore of the holdings at Charles Schwab & Co., Inc. WHEREFORE, Plaintiff requests that your Honorable Court issue a RUle upon Defendant and Charles Schwab & Co., Inc., to show cause why Plaintiff is not entitled to a Preliminary Injunction, as follows: (a) Enjoining Defendant from withdrawing and Charles Schwab & co., Inc., as garnishee from distributing any of the accounts at Charles Schwab & Co., Inc" until further Order of this Court; and -2- (b) Such other and further relief as your Honorable Court may deem just and proper. Respectfully submitted, ~~ Wayn F. hade Attorney for Plaintiff WAYNI! F, SHADE AUomcy at LAw S South HanoYC'r Strm Carli_It. Pmn.ylvana. 110U -3- , , , I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Date: June 3, 1994 ~&,.Vwv-<) mber Rohrer-Varner WAYNE F. SHA!lE AQomt)' al I.Iw S South HanovC'r Stnd C.rlillt. r~Mlyl...ania 1701l @ rz..( OH ~~ !l::Z CO) .... p,rn 00 t; ~ ~ffi ~ rz.H , E-< W ~.... , H ZtJ ~ ~ < ~p, I~ H g~ j ~ ~ H 8f~E-< ~:i fIJ!c ~ , ~ i ~ ~ ..:l..:l el~ ~H rz. H >~ o I> I ,.-I ~~ ~~ ~ ~ X ~ o H ~,~ E-<UZtJ ~ < !i ~ ~~g rzl >Gl rz.:z; c1l !!l ~ HH o E-< tJ 0.-1 . ..:lGl E-<~ I/) 01 tJ tJ !l:: !l::p, > rzlj:l ZH < tij.(IO H H..:l C,) rzl ~> el ~ :Hl ~rzl..:lOlH ~H j:l ~ j:l p,p, :> . Z HOZ H .,' JUN - 11OO4cl~ LAW OFFICES SAI1~JS. GUIDO & MASJ.ANO '... 26 W, 1IIGH ~IREUT CARLISLE. PENNA, 1701J PHONE (717) 2"3.6222 '. -- LAW OFFICES SAlOIS. GUIDO &. MAS LAND , 26 W:IfIGH STREET ''-'ARLISL'E. PENNA, 17013 PHONE (717) 24).6222 " -' KIMBER ROHRER-VARNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94-2941 CIVIL TERM A. DANIEL VARNER, III, Defendant IN DIVORCE PRAECIPE TO: Lawrence E. Welker, Prothonotary Please enter my acknowledgment of acceptance of service of certified copies of the Complaint and of Plaintiff's Motion and Order for Preliminary Injunction in the above-captioned matter. Date: b!;4~i( ~~~A>~ A. anlel Varner, III ":l- I:>'> - - ~ Co._ ~ ":> '''' -:. ... ':"'~ . . - r-..t "" '" -, .. KIMBER ROHRER-VARNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94-2941 CIVIL TERM A. DANIEL VARNER, III, Defendant : IN DIVORCE AND NOW, this ORDER OF COURT J. ,.,'1Itday of U-uAlZ- , 1994, Plaintiff KIMBER ROHRER-VARNER and Defendant A, DANIEL VARNER, III, being represented by their independently selected private counsel, respectively, Wayne F. Shade, Esquire, and Edward E. Guido, Esquire, of Saidis, Guido, Shuff & Masland, Plaintiff's having concurred with the request of Defendant for a continuance and the parties' having stipulated and agreed to a Preliminary Injunction, it is hereby ordered and decreed, as follows: 1. The hearing scheduled herein for June 23, 1994, is continued to August 15, 1994, at 2:30 P.M. in Courtroom No. 1 of the Cumberland county Courthouse; and 2. Defendant is enjoined from withdrawing and Charles Schwab & Co., Inc., as garnishee, from distributing any of the accounts at Charles Schwab & Co., Inc., until further written agreement of the parties hereto or Order of this Court. By the court, .M~h~ly,~-J Wayne F. Shade, Esquire Attorney for Plaintiff ~~.J... M-,. if-v (pI ;J.8Ilj<l . ,.sf Edward E. Guido, Esquire Attorney for Defendant j~'1 1..1 l) 3:l .i1119~ I..... ,', ',i" '1 , , ... . John B. SlIke Robert C, Saldls Bdward B. Guido Geoffrey S, Shuff Albert II. Masland Johnna J, Deily llmolhy M, Anstine William C, Vohs Law Offices SAIDIS, GUIDO, SHUFF & MASLAND A PROFESSIONAL CORPORATION 26 West High Slreet . Post Office Box 560 Carlisle, Pennsylvania 17013 Telephone: (717) 243.6222. Facsimile: (717) 243.6486 West Shore Office: 2109 Markel SIrCct Camp Hill, PA 17011 Telephone: (717) 737.3405 Pacslmlle: (717) 737.3407 f Reply'lb CarUsJe June 21, 1994 HAND DELIVERY Honorable Harold E. Sheely Cumberland County Courthouse One Courthouse Square CarliSle, PA 17013 Re: Varner v. Varner No. 94-2941 in divorce Dear Judge Sheely: As I informed your office by phone, I represent the Defendant in the above-captioned matter. unfortunately I am unavailable for the hearing scheduled for June 23, 1994 at 8:30 a.m. We would ask that this be rescheduled for the next available date. In the meantime, my client has no objection to the entry of an Order granting the temporary relief (i.e. freezing the Schwab accounts) until the rescheduled hearing on this matter. It is my understanding that Attorney Wayne Shade has no objection to this requested continuance. If you have any questions or need any additional information, please contact me. Very truly yours, SAIDIS, SHUFF & MASLAND EEG/sp / cc: Wayne F. Shade, Esquire. A. Daniel Varner, III. CERTIFIED COPY: LAW OPPlCES SAIDIS, GUIDO. snUFF & MASLAND , 26 W. 1/1011 STREET OA~,L1SLP.PENNA. 17013 PIIONE (717) 243,6222 . , , AUG 1 2 19q1"i.II" '. KIMBER ROHRER-VARNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2941 civil Term v. A. DANIEL VARNER, III, Defendant CIVIL ACTION - LAW IN DIVORCE AND NOW, this ORDER OF COURT 2- rtf l day of August, 1994, upon consideration of the Stipulation of counsel attached hereto it is hereby ORDERED and DECREED as follows: 1. The hearing on Plaintiff's Motion for a Preliminary Injunction scheduled for August 15, 1994 at 2: 30 p.m. is continued generally and shall be rescheduled at the request of either party. 2, Schwab account no. HG 9049-3584 titled in the name of Defendant may be drawn upon for the purpose of paying the income tax liability of the parties (or either of them) for the 1993 tax year. Provided, however, that this Order shall in no way affect Plaintiff's right to seek to have said funds charged against Defendant I s share of any equitable distribution award entered in this matter. 3. Except as provided above, Defendant is enjoined from withdrawing and Charles Schwab & Co., Inc., as . . garnishee, from distributing any of the accounts at Charles Schwab & Co., Inc., until further written agreement of the parties hereto or Order of this Court. BY THE COURT By:lk~~( E' . ~' Harold E. Sheely, P.J. Wayne F. Shade, Esquire Attorney for Plaintiff Edward E. Guido, Esquire Attorney for Defendant .. I . KIMBER ROHRER-VARNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-2941 Civil Term A. DANIEL VARNER, III, CIVIL ACTION - LAW Defendant IN DIVORCE STIPULATION AND NOW, comes Plaintiff, by and through her counsel, Wayne F. Shade, Esquire and Defendant, by and though his counsel, Edward E. Guido, Esquire and stipulate as follows: 1. The parties desire that the hearing on Plaintiff I s Motion for a Pr.eliminary Injunction scheduled for August 15, 1994 at 2:30 p.m. be continued generally and may be rescheduled at the request of either party. 2. Schwab account no. HG 9049-3584 titled in the name of SAlOIS, GUIDO, SHUFF & MASLAND 26 W, High 5'=. Carlisle. fA Defendant may be drawn upon for the purpose of paying the income tax liability of the parties (or either of them) for the 1993 tax year. Provided, however, that this Stipulation shall in no way affect Plaintiff I s right to seek to have said funds charged against Defendant's share of any equitable distribution award entered in this matter. 3. Except as provided above, Defendant shall be enjoined from withdrawing and Charles Schwab & Co., Inc., as garnishee, II from dl,trlbotlo. aoy of tho arrooota at Charl.a Srh.ab , Co.. II I: " . , Inc., until further written agreement of the parties hereto or Order of this Court. WHEREFORE, the parties pray this Honorable Court to enter an Order in accordance with the aforementioned Stipulation. @~~ Wayn F. Shade, Esquire Attorney for Plaintiff ~ Edward E. Guido, Esquire Attorney for Defendant SAIDIS, GUIDO, SHUFF & MAS LAND 26 w. High 5,,",,, CArlisle. PA 2 A. DANIEL VARNER, III, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2941 CIVIL TERM v. KIMBER ROHRER-VARNER, Respondent CIVIL ACTION - CUSTODY ORDER OF COURT AND NOW, this '~t'l:lay of A."'5...s.r , 1994, upon consideration of the attached Complaint, it is hereby directed that arties and,their respective counsel appear before \A ft- b-, c.) t;,c, , the conciliator, at oor \,AM 4J. h..."~"" on the CD day of rx tl'~'')t'..\, , 1994, at ,,<':2J.,? o..M., 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. FOR 'l'HE COURT, BY: ~'-UlJ.,,/~Y.1?...l81C~ Cu tody ConcH' ator _.:~ 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 Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 SAID IS. GUIDO, SHUFF & MASLAND 26 W. lIigh 5'=, Carlisle. PA , ~'.j t- i .., ~ AUG IZ Lt 12 PH '9~ , .: L UHICE Of ~ lIt c: ',', HOH~TA~Y CUHUch,.\:d) C8lJ~TY PENSSYlVMtlA . , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2941 CIVIL TERM A. DANIEL VARNER, III, Petitioner KIMBER ROHRER-VARNER, Respondent CIVIL ACTION - CUSTODY COMPLAINT FOR CUSTODY 1. The Petitioner is A. Daniel Varner, III, residing at 108 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Kimber Rohrer-Varner, residing at 1131 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. petitioner seeks custody of the following child: Name Chelsea K. Varner Present Residence Aoe 1131 Harrisburg Pike Carlisle, PA 17013 5 The child was not born out of wedlock. The child is presently in the custody of Kimber Rohrer- Varner, who resides at 1131 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania l7013. During the past five years, the child has resided with the SAlOIS. GUIDO, SHUFF & MAS LAND 26 W. High SUU( C41li~le. fA I following persons and at the following addresses: " I II I I il !I I I Persons Addresses Dates A. Daniel Varner, III & Kimber Rohrer-Varner 113l Harrisburg Pike Carlisle, PA 17013 Birth to 3/25/94 3/25/94 - Present Kimber Rohrer-Varner 1131 Harrisburg Pike Carlisle, PA 17013 I , Ii Ii " " " " . The mother of the child is Kimber Rohrer-Varner, currently residing at 1131 Harrisburg Pike, Carlisle, Pennsylvania 17013. She is married. The father of the child is A. Daniel Varner, residing at 108 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. He is married. 4. The relationship of Petitioner to the child is that of father. The Petitioner currently resides with the following persons: Name Relationshio None 5. The relationship of Respondent to the child is that of mother. The Respondent currently resides with the following persons: Name Relationshio Ian Rohrer Son 6. Plaintiff has not participated as a part or witness, or in another capacity, on other litigation concerning the SAIDIS. GUIDO, II SHUFF & I MAS LAND I II , 26 W. Iligh 511<<1 Cnrlislc,PA custody of the child in this or another court. The court, term and number, and its relationship to this action is: Not applicable. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. The court, term and number, and its relationship to this action is: Not applicable. Plaintiff does not know of a person not a party to the SAlOIS, GUIDO. SHUFF & MASLAND 26 W. High SIr<<1 ClU'1i5Ie.PA proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. The name and address of such person is: Not applicable. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because the child has lived with petitioner all of her natural life; the petitioner desires to maintain stability and regular contact with his daughter; and Petitioner's relationship with his child will continue to provide child with meaningful life experiences, education, and mores. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Petitioner requests the court to grant him joint legal and partial physical custody of the child. Respectfully submitted, SAIDI~' S UFF & MASLAND ~F Edward E. Guido, squire 26 West High Street Carlisle, PA 17013 (7 7) 43-622 At r yl!J1: 7 titioner wi liam C. Vohs, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Petitioner Dated: <6 )3/'1'-/ , ,- iI II \1 1\ \ I ! II II Ii " I ,- i! DATED: VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Slreel CArlisle. PA ~~ Q Z 0( il~~ ..;l ... ; rIJ (-OM 0( tll!::l:j - [l ::e:z:~<:5: ~~~ S~ ~-~ u ~"'liiZ;:!j ii: X Z ~~~~ ~-E 0: l.Lo 00 :ctllr::' ~i ~ o QlIlOc..;::: ! ~-o5:~~ ~ U~ & ~ < ;:l , 'cnZ !~~ ~ i -l "c..~-O I ",;i:c ~ M c.. rIJ < i _ u ~~~~ . Q > - . 0( t=i 2u .( rIJ . . . . ~ , . AU G 0 8 199~ J,ic. ~, OCT 1 7 1994dr- A. DANIEL VARNER, III, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . v :NO. 2941 - CIVIL - 1994 . . KIMBER ROHRER-VARNER, Defendant :CIVIL ACTION - CUSTODY . . COURT ORDER ..." AND NOW, this 10 day of Oc.:r. , 1994, upon the Conciliator being advised that the parties have reached an Agreement, the Conciliator relinquishes jurisdiction. 06: if to Hubert X. Gilroy, Esqu' e Custody Conciliator Oel 1'[ 'j b \'\119~ I.