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Home My WebLink About01-4662MINDY S. GOODMAN ATFORNEY AT LAW 2080 LINGLESTOWN ROAD HARRISBURG, PA t7110 TELEPHONE FAX (717) 540-8742 (717) 540-8743 CHRISTINE L. STAVER, Plaintiff Mo RICHARD S. STAVER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. : CIVIL ACTION - LAW :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, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHRISTINE L. STAVER, Plaintiff RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. OI - CIVIL ACTION - LAW IN DIVORCE NOTICIA Le han Demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted deve presentar una apariencia excrita o en persona o por abogado y archivar en ta corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHRISTINE L. STAVER, Plaintiff RICHARD S. STAVER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. OI -- ~/~,~;Z~ : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE DIVORCE AND NOW, comes the Plaintiff, CHRISTINE L. STAVER, by her attorney, · Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, CHRISTINE L. STAVER, is an adult individual who currently resides at 15 Hotpoint Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, RICHARD S. STAVER, is an adult individual who currently resides at 12880 Stonewall Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff's Social Security Numbers is 187-48-3790. 4. The Defendant's Social Security Number is 160-48-8082. 5. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 6. The Plaintiff and Defendant were married June 19, 1976, in Franklin County, Pennsylvania, and separated on September 27, 2000. 7. The Plaintiff avers that there is one child born of the parties under the age of 18, namely: Name: Nick A. Staver Date of Birth: September 26, 1984 Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 9. The cause of action and section of the Divorce Code under which the Plaintiff is proceeding is: 23 Pa. Cons. Stat. § 3301(c) or, in the alternative, 23 Pa. Cons. Stat. § 3301(d). The marriage of the parties is irretrievably broken. 10. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 11. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. WHEREFORE, Plaintiff requests This Court enter a Decree of Divorce in her favor. COUNT I EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, from the date of their marriage until the date of their separation. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT II ALIMONY PENDENTE LITE. SUPPORT. COUNSEL FEES AND EXPENSES 15. Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. 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. 17. 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. 18. Plaintiff's income is not sufficient to provide for her reasonable needs and pay attorneys' fees and the cost of this litigation. 19. Defendant has adequate earnings to provide support and alimony pendente lite for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests your Honorable Court to compel Defendant to pay Plaintiff alimony pendente lite, support, counsel fees, costs and expenses of this action. Respectfully submitted, Mindy S. Goodman Attorney at Law Attorney I.D. No. 78407 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-8742 Attorney for Plaintiff 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. Cons. Stat. § 4904, relating to unsworn falsification to authorities. DATE: ?~"~"--~::~<~/ ~ ~' Christ~ne L. Stav~r / CHRISTINE L. STAVER, Plaintiff V. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4662 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO: Christine L. Staver, Plaintiff and Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days fi.om service hereof or a judgment may be entered against yOU. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: ~- l- a Z,- Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Document#226131 WHEREFORE, Defendant respectfully requests that this Court grant the relief set forth herein. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: atO--/.- 09._ Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Document#226131 -3- VERIFICATION I verify that the statements made in this Ai~awer 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. P~chard S. Staver Document#226131 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law fnTn of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Defendant's Answer, New Matter, and Counterclaim for Divorce with reference to the foregoing action by First Class Mail, postage prepaid, this t/g'd-~a'La'Ly of "-~x,¢.~-'-~ .~.~; 2002, on the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ildabrand, Esquire Document #226131 Goldbeck, McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #~6132 Suite 500 % The Bourse Bldg. 111 S. Independence Mall East Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff First Nationwide Mortgage Corp. P.O. Box 9481, Mail Code: 22-528-1011 Gaithersburg, MD 20898-9481 Plaintiff Vs. Elizabeth A. Culley (Deceased) Robert H. Culley Ridge #591 a/k/a 375 Longs Gap Road Carlisle, PA 17013 Defendants : IN THE COURT OF COMMON PLEAS OF ~COUNTY : CIVIL ACTION - LAW : : ACTION OF MORTGAGE FORECLOSURE Civil Term No. 01-4731 CERTIFICATE OF SERVI~ PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was ma~y: ( ) Personal Service by the Sheriff's Office/ ..... ~L_..L ~ (copy of return ~) ~tached) . Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). Certified mail by Sheriff's Office Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). Acknowledgement of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgement attached). Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVIC~ WAS ACCOMPLISHED BY COURT ORDER. ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). The undersigned understands that penalties provided by 18 P.S. Section 4904. the statements herein are Go: By: At~ ~ck Mcd~ oseph A ney for subject to the i.tted, ff~rty & McKeever Goldbeck, Jr. Plaintiff CULLEY, ROB£RT H. ROIII~R'~H. C~I/L~Y' 375 Longs Gap Road Carlisle, PA 17013 ~END~[: GOLDBECK MCCAFFERTY & MCKEEVER October 3, 2001 - Cumberland ~P$ Fonm 3800, June 2~00 RECEIPT First Nationwide Mortgage Corp. VS Elizabeth A. Culley (Deceased) and Robert H. Culley In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-4731 Civil Term Douglas Donsen, Deputy Sheriff, who being duly sworn according to law, states that on November 7, 2001 at 9:32 o'clock p.m., EST, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon one of the within named defendants, to wit: Robert H. Culley, by making known unto Robert H. Culley personally, at #591 Ridge a/k~a 375 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said tree and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2002 at 3:40 o'clock P.M., E.S.T., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Elizabeth A. Culley (deceased) and Robert H. Culley located at #591 Ridge aJk/a 375 Longs Gap Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law says he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants to wit: Robert H. Culley, by regular mail to his last known address of#591 Ridge a/k/a 375 Longs Gap Road, Carlisle, PA 17013. This letter was mailed under the date of January 18, 2002 and never returned to the SherifI~s Office. Swomand subscribed to before me This day of 2001, A.D. Prothonotary R. Thomas Kline, Sheriff Real Esta{e Deputy First Nationwide Mortgage Corp. Plaintiff Vs. Elizabeth A. Culley (Deceased) Robert H. Culley Defendants : CUMBERLA~'D COUI~rY .. CO~/RT OF COMMON PLEAS ~ CIVIL DIVISION NO. 01-4731-Civil Term AFFIDAVIT P~TRSUANT TO RIFLE 3129.1 First Nationwide Mortgage Corp., Plaintiff in the above action, by its attorney, Joseph Goldbeck, Jr., Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at Ridge ~591 a/k/a 375 Longs Gap Road. Carllsle. PA 17013. Name Name and address of owner(s) or reputed owner (s): Address (if address cannot be reasonably ascertained, please so indicate) Rllzabeth A. Ch~lle? (Deceased) 375 Longs Gap Road Carllsle. PA 17013 Name and address of defendant{s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please so indicate) Carlisle Suburban Auth. 4. Name and address mortgage of record: Name The C~a~onwealth National Rank 240 Clearwater Drive Carlisle. PA 17013 of the last recorded holder of every Address (if address cannot be reasonably ascertained, please so indicate) 10 ~outh Market Rquare Harrisburg. PA 17101 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please so indicate) None o Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) C%~mberland County Dept. of Domestic Relations Carlisle. PA 17013 Fa Dept. of Public Welfare Bureau of Child Support ~nforcemant Wealth and Welfare Bldg. Room 432 Harrisburg. PA 17105 Commonwealth of PA Bureau of Individual Tax inheritance Tax Division Internal Revenue Service Federated Investors Tower 6th Floor. Strawberr? Harrisburg. PA 17128 13th Floor. Ste. 1300 1001 Liberty Avenue p~ttsburgh. FA 15222 Dept. of Public Welfare PPL Casualty Unit ~state Recover},_ Program Willow Oak Building Harrisburg. PA 17105-848~ Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property that may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. #4904 relating to unsworn falsification to authorities. October 3, 2001 Att~ney foVlaintif f CHRISTINE L. STAVER, Vo RICHARD S. STAVER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4662 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT~ RICHARD S. STAVER METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 Andrew C. Spears, Esquire Attorney I.D. No. 87737 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 07/11/02 INCOME AND EXPENSE STATEMENT OF RICHARD S. STAVER Employer: Martins Famous Pastry Shoppe, Inc. Address: 1000 Potato Roll Lane, Chambersburq, PA 17201 Type of Work: Sales Payroll Number: 160-48-8082 Pay Period (weekly, biweekly, etc.): weekly GROSS PAY PER PERIOD: $1,155.42 Itemized Payroll Deductions: Federal Withholding: $223.98 Social Security: $71.64 Medicare: $16.76 Local Wage Tax: $11.55 State Income Tax: $32.35 Unemployment Tax: Retirement: $23.11 Savings Bonds: Credit Union: Life Insurance: Health Insurance: Other: (specify) NET PAY PER PAY PERIOD: $776.03 Document ii: 187494.1 OTHER INCOME: WEEK MONTH YEAR Officiating Basketball $8,149.00 Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Unemployment Comp Workmen's Comp. TOTAL OTHER INCOME: - $8,149.00 TOTAL MONTHLY NET INCOME: $3,783.20 Document #: 187494.1 WEEKLY MONTHLY YEARLY HOME: Mortgage/rent $230.00/300.00 Maintenance $480.00 Repairs UTILITIES: Electric $94.72 Gas Oil $800.00 Telephone $40.00 Water $37.75 Sewer EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate $580.00 Personal Property $200.90 Income INSURANCE: Homeowners $406.00 Automobile $1,279.70 Life Accident Health Other Document 14. IR7d04 I AUTOMOBILE: Payments $486.48 Fuel $100.00 Repairs Maintenance $178.00 Licenses Registration $108.00 Auto Club $42.00 MEDICAL: Doctor $90.00 Dentist Orthodontist Hospital Medicine Special needs EDUCATION: Private school Parochial school College Religious School lunches $900.00 Books/misc. PERSONAL: Clothing $500.00 Food $3,900.00 Document #: 187494.1 Barber/hairdresser $120.00 Personal care $240.00 Laundry/dry cleaning $60.00 Hobbies Memberships $494.00 CREDIT PAYMENTS: Credit card $60.00 Charge account $20.00 LOANS OR DEBTS: Credit Union MISCELLANEOUS: Household help Child care Camp Pet expense Papers/books/ magazines $150.00 Entertainment $360.00 Pay TV $473.00 Vacation $500.00 Gifts Legal fees $1,500.00 Charitable $100.00 Contributions Religious Memberships Children's Document #: 187494.1 Allowances Other Child Support Alimony payments $200.00 Lessons for Children OTHER: Music Study Sports TOTAL EXPENSES $1,868.95 $13,461.60 Doaument #: 187494.1 VERIFICATION I, Richard S. Staver, do hereby verify that the facts set forth in Income and Expense Statement of Defendant, Richard S. Stayer, are tree and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Ri/:hard S. Staver Document #: 238531.1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a tree and exact copy of Income and Expense Statement of Defendant with reference to the foregoing action by first class mail, postage prepaid, this 7t~ day of August, 2002 upon the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears, Esquire CHRISTINE L. STAVER, Plaintiff RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4662 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INVENTORY OF DEFENDANT METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Document #: 238080.1 ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets in the following pages. (x) (x) () (x) (x) (x) () () () () () () () () () () () (x) () () () () () (x) (x) () 1. Real property 2. Motor vehicles 3. Stocks, bonds, securities and options 4. Certificates of deposit 5. Checking accounts, cash 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes 8. Trusts 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits--severance pay, workmen's compensation claim/award 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and unmatured) 22. Military/V.A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personality (include as a total category and attach itemized list of distribution of such assets in dispute 26. Other Document #: 238080.1 MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have legal or equitable interest individually or with any other person as of the date this action was commenced. Item No. Real Estate 1. Vehicles 1. 2. Narlles Description of All of Property Owners Value 15 Hot Point Avenue Shippensburg, PA 17257 2000 Monte Carlo 1997 Jeep Cherokee 1993 Subaru Legacy Life Insurance 1. N/A Joint Investments 1. N/A Husband Investments 1. N/A Wife Investments Joint $85,000.00 Leased Unknown Husband $5,000.00 Husband $3,000.00 1. N/A Document #: 238080.1 Item Description No. of Property Nanles of All Owners Value Joint Bank Accounts 1. Savings Husband Bank Accounts 1. Wife Bank Accounts 1. Personal Property 1. Household furnishings and personal property 2. Household furnishings and personal property 3. CD Husband Retirement 1. Martin's Famous Pastry Shop, Inc., Retirement Plan Wife Retirement Joint Balance: $1,300.00 (in wife's possession) Husband $5,000.00 Wife $20,000.00 $1,000.00 (in wife's possession) Husband $56,406.98 Document #: 238080.1 NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. Salrtes Item Description of All Reason for No. of Property Owners Exclusion o o 10. 11. Document #: 238080.1 PROPERTY TRANSFERRED Item No. Description of Property Date of Transfer Consideration Person to Whom Transferred Document #: 238080.1 Item No. Description of Property Mortgage Home Equity Loan 1997 Jeep Cherokee 2000 Monte Carlo Credit Card LIABILITIES SalTles of All Creditors Allfirst Bank Orrstown Bank Orrstown Bank Visa Narfles of All Debtors Joint Joint Husband Joint Joint Balance Due $5,400.00 $1,900.00 $7,100.00 $360/mo until 2003 $640.00 Document #: 238080.1 VERIFICATION I, Richard S. Staver, do hereby verify that the facts set forth in the Inventory of Defendant are tree and correct to the best of my personal knowledge or information and belief. 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:gc._%c.~ ~-~ [) ~:E~ Document ti: 238080.1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law finn of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Inventory of Defendant with reference to the foregoing action by first class mail, postage prepaid, this 7th day of August, 2002, upon the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Andrew C. Spears, Esquire Document ii: 238080. I RICHARD S. STAVER, Plaintiff CHRISTINE L. STAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 014662 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Metzger, Wickersham, Knauss & Erb, P.C. in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Steven~//~ Attorney I.D. No. 38901 3211 North Front Street Harrisburg, PA 17110 (717) 238-8187 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Plaintiff, Richard S. Stayer. NESTICO, DRUBY & HILDABRAND, L.L.P. '--"Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the ~E.~ day of September, 2002, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Mindy S. Goodman, Esquire 2080 Linglestown Road Harrisburg, PA 17110 CHRISTINE L. STAVER, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA RICHARD S. STAVER, Defendant · CIVIL ACTION - LAW · 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, Dauphin County Courthouse, Front and Market Streets, Harrisburg, PA 17101. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHRISTINE L. STAVER, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA v. 'NO. RICHARD S. STAVER, Defendant · CIVIL ACTION - LAW · IN DIVORCE NOTICIA Le han Demando a usted en la code. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted deve presentar una apariencia excrita o en persona o por abogado y archivar en ta corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona· Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASlSTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHRISTINE L. STAVER, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA v. 'NO. RICHARD S. STAVER, Defendant · CIVIL ACTION - LAW · IN DIVORCE AMENDED COMPLAINT AND NOW, comes the Plaintiff, CHRISTINE L. STAVER, by her attorney, Mindy S. Goodman, Attorney at Law, and files this Amended Complaint seeking alimony and in support thereof avers as follows: 1. Paragraphs 1 through 19 of the original Complaint, filed on August 3, 2001, are incorporated herein by reference as though set forth in full. 2. The Plaintiff, CHRISTINE L. STAVER, is an adult individual who currently resides at 15 Hotpoint Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant, RICHARD S. STAVER, is an adult individual who currently resides at 12880 Stonewall Road, Shippensburg, Cumberland County, Pennsylvania 17257. 4. Plaintiff filed a Complaint in Divorce on August 3, 2001, said Complaint being served on Defendant on August 9, 2001. 5. Defendant filed an Answer with New Matter and Counterclaim on or about February 1, 2002. 6. Plaintiff lacks sufficient property, education and work experience to support and provide for herself through appropriate employment. 7. Defendant has the means and ability to support himself and pay alimony to Plaintiff. 8. Plaintiff requests the Court to enter an award of alimony in her favor pursuant to Section 3704 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to compel Defendant to pay Plaintiff alimony after the divorce has been granted. Respectfully submitted, Mindy S. Goddman Attorney at Law Attorney I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff VERIFICATION I verify that I have reviewed the statements made in this Amended Complaint in Divorce with my client and the statements herein are true and correct. I sign this Verification on behalf of my client in order that the Verification might be filed prior to a scheduled pre-hearing conference with Divorce Master Elicker. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Mindy S. Goodman Attorney for Plaintiff CHRISTINE L. STAVER, Plaintiff RICHARD S. STAVER, Defbndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4662 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 3, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 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~ Rid/nard S. Staver ,,,~r _ CHRISTINE L. STAVER, Plaintiff RICHARD S. STAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4662 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(¢)OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unswom falsification to authorities. ? RSchard S. Staver ~ CHRISTINE L. STAVER, Plaintiff Vo RICHARD S. STAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4662 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF TItE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unswom falsification to authorities. ~/~ff~/~chr/'~st~ne L. Slaver ~ CHRISTINE L. STAVER, Plaintiff RICHARD S. STAVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4662 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 3, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 5 4904 relating to unswom falsification to authorities. Christine L. Staver c~ 0 ~ .-< CHRISTINE L. STAVER, Plaintiff vs. RICHARD S. STAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 4662 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~3~ day of (~/~ 2003, the parties and counsel having entered~into an agreement and stipulation resolving the economic issues on January 23, 2003, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsquently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. cc: Mindy S. Goodman Attorney for Plaintiff Karl R. Hildabrand Attorney for Defendant BY THE COURT, CHRISTINE L. STAVER, : Plaintiff : : VS. : : RICHARD S. STAVER, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 4662 CIVIL IN DIVORCE THE MASTER: Today is Thursday, January 23, 2003. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Christine L. Stayer, and her counsel Mindy S. Goodman, and the Defendant, Richard S. Stayer, and his attorney Karl R. Hildabrand. This action was commenced by the filing of complaint in divorce on August 3, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony pendente lite, and counsel fees and expenses. No claim for alimony was raised in the complaint; however, an amended complaint was filed today with the Prothonotary raising the claim of alimony. With respect to the grounds for divorce, the parties have provided the Master with signed and dated affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master has been advised that after negotiations the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties may determine that they have sufficient time today to come back to the Master's office, review the document for typographical errors, and then affix their signatures affirming the terms of settlement stated on the record at this time. In any event, whether or not the agreement is signed by the parties affirming the settlement, they are bound by the terms of the agreement when they leave the hearing room today as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on June 19, 1976, and separated September 27, 2000. They are the natural parents of two children who are emancipated. Mr. Hildabrand. MR. HILDABRAND: Thank you. We had an opportunity to discuss in detail all matters and the parties have reached an agreement. I will now state the terms of the agreement for purposes of the record. 1. The parties are joint owners of a residential property located 15 Hot Point Avenue, Shippensburg, Pennsylvania. The estimated value of the property is $70,500.00 and there is a balance due on the mortgage at present of $2,792.73. Mr. Stayer will transfer all of his right, title and interest in the property to Mrs. Stayer and Mr. Stayer will agree to continue making payments until the mortgage is paid off in full and then the property will be owned entirely by Mrs. Stayer. Mr. Stayer will continue the insurance on the property until the mortgage is paid off. The real estate taxes on the property are presently escrowed and Mr. Stayer will see that they are paid as well hopefully from the escrow account. Following the completion of the payment of the mortgage wife will be responsible for the payment of all expenses connected with the property including real estate taxes, insurance, upkeep, and what have you. 2. There is a 2000 Monte Carlo automobile which is presently leased with a monthly payment of $360.00. That lease is owed through May of 2003. Mr. Stayer is currently in possession of that vehicle and he will make those lease payments until the lease is paid off. 3. There is a 1997 Jeep Cherokee automobile which presently has a balance due at Orrstown Bank of $3,785.00. Mr. Stayer will make the necessary payments to see that the Jeep Cherokee is paid off. In addition, he will transfer all of his right, title and interest in the vehicle to Mrs. Stayer. 4. The household furnishing and personal property presently in the possession of wife shall become the sole property of wife with the exception of the following items: Husband's scrapbook; husband's baseball cards and related sports items. Wife will provide the aforesaid items to husband within 20 days of the date of this agreement. 5. The household furnishings and personal property presently in the possession of husband shall become the sole property of husband. 6. There was a certificate of deposit of $1,000.00 which was in wife's possession and that will become wife's separate funds. 7. At the time of separation wife was in possession of $1,300.00 from the joint bank account. That sum shall become wife's sole and separate property. 8. Husband is presently employed by Martin Famous Pastry Shoppe, Inc., in Chambersburg and through his employment he has a 401(k) and profit sharing plan which has two components, an employee deferral component and an employer contribution component. Both components, shall become the sole and separate property of husband and wife hereby waives any and all claims that she may have to husband's retirement accounts. 9. There was a life insurance policy with Prudential Financial which husband has cashed in in the amount of $4,599.13. Husband presently has those funds in an account. Within 20 days from the date of this agreement, husband shall transfer that sum to wife. 10. The home equity loan with Orrstown Bank which had a balance of $2,400.00 has been paid in full by husband. 11. The Visa account had a balance of $640.00 at the date of separation. That has been paid off by husband. 12. Husband agrees to pay to wife within 20 days of the date of this agreement the sum of $1,000.00 toward wife's counsel fees; otherwise, both parties will bear the costs of their counsel fees and expenses. 13. Husband agrees to pay to wife alimony at the rate of $150.00 per week for two years from the date of divorce. The alimony payments shall be paid through the Cumberland County Domestic Relations Office and the parties shall cooperate to see that that is set up through that office. The alimony is non-modifiable and subject to termination based on the code provisions, death of either party, cohabitation of wife with a person of the opposite sex, and remarriage of wife. 14. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest rights and claims. ' ' MS. GOODMA/~: Mrs. Stayer, were you present during the reading of the agreement between the parties? MRS. STAVER: Yes. MS. GOODMAN: Do you understand the terms of the agreement? MRS. STAVER: Yes. MS. GOODMAN: Are you in agreement with the terms of the settlement as dictated by attorney Hildabrand? MRS. STAVER: Yes. MR. HILDABRAND: Mr. Stayer, again, I would ask you the same questions. Were you present during the reading of the terms of the agreement? MR. STAVER: Yes, I was. MR. HILDABRAND: Are you agreeable to those terms? MR. STAVER: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Mindy S. Goodman Attorney for Plaintiff Karl R. Hildabrand Attorney for Defendant Christine L.' Stayer CHRISTINE L. STAVER, Plaintiff Mo RICHARD S. STAVER, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA o 'NO. 01-4662 · CIVIL ACTION - LAW 'IN DIVORCE CERTIFICATE OF SERVICF I, Mindy S. Goodman, Attorney at Law, certify that on the 5th day of August, 2001, I served a true and correct copy of the Complaint in Divorce upon the Defendant, Richard S. Staver, by depositing the same in the United States First Class Mail, sent Certified, Restricted Delivery, Return Receipt Requested. A copy of the Return Receipt is attached hereto. I verify that the statements made in this Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Mindy S. Goodman Attorney at Law ID No. 78407 2215 Forest Hills Drive- Suite 35 Harrisburg, PA 17112 (717) 540-8742 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Del/very is des/red. ~"~ Print Your name and address ~, so that we can re+ ..... .on the reverse · ~u~H Iris C Attach this card-*,, +,-- L .ar(:t to you. or on the front if ~"~'..'-~u- Dac~ of the mailDi~, - ~=ue permits. ~ --- 1. Art/cie Addressed to: Mr, Richard S. Stayer 12880 Stonewall Road Shj/~pensburg, PA 17257 by (Please Print Clearly) /'3 Agent ~ No j 2. ArticleNum 4 Res · ) .~ her (Copy from service label~ · tricted DeliveryP (Extra Fe ' Domestic Return Receipt Certified Mail /"/Express Mail Registered [~] Return Receipt for Merchandise~ C.O.D. 102595-99.M.1789 ~ CHRISTINE L. STAVER, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA v. 'NO. 01-4662 RICHARD S. STAVER, Defendant · CIVIL ACTION - LAW · IN DIVORCE ,PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY': Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail, Restricted Delivery, Return Receipt Requested signed by Defendant on August 9, 2001 and attached as part of the record. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff 1-23-03. ; by Defendant 1-23-03 4. Related claims pending: NONE Prothonotary: Date Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the 1-23-03 .; by Defendant 1-23-03~______ Date:. Respectfully submitted, Mindy S. Goodman, Esquire I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 CHRISTINE L. Plaintiff VERSUS RICHARD S. STAVER, Defendant THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ~~:~ PENNA. STAVER, N O. 01-4662 PLEAS CIVIL DECREE IN DIVORCE AND NOW, DECREED THAT CHRISTINE L. STAVER AND RICHARD S. STAVER ARE DIVORCED FROM THE BONDS OF MATRIMONY. __, IT iS ORDERED AND , PLAi NTi FF, , DEFENDANT, THE COURT RETAINS JurISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ALL ECONOMIC CLAIMS HAVE BEEN SPECIFICALLY RESOLVED. BY THE COURT: PROTHONOTARY