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HomeMy WebLinkAbout02-4568CONNIE R. STRAYER, Plaintiff VS. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIMS 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA. 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 7800-990-9108 CONNIE R. STRAYER, Plaintiff VS. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: O,t - 96'4.'8_ CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with §3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Courthouse, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. CONNIE R. STRAYER, Plaintiff VS. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: ;Z . Z15-6 8 CIVIL ACTION-LAW DIVORCE COMPLAINT COUNTI- NO FAULT DIVORCE PURSUANT TO 23 Pa.C.S. S 3301(c) 1. Plaintiff is Connie R. Strayer, who currently resides at 72 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Charles B. Strayer, IT, an adult individual, who currently resides at 72 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 6, 1986, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff in this action is not a member of the Armed forces. 7. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the court require the parties to participate in counseling prior to the divorce decree being handed down by the court. 9. The marriage is irretrievably broken. WHEREFORE: The Plaintiff requests the Court to enter a decree of Divorce. COUNT II - FAULT BASED DIVORCE PURSUANT TO 23 Pa.C.S. § 3301(a) and (d) 10. Paragraphs one (1) through nine (9) are incorporated herein by reference. 11. Defendant, by cruel and barbarous treatment, endangered the life or health of the Plaintiff. 12. Defendant offered such indignities to the Plaintiff as to render Plaintiff's condition intolerable and life burdensome. WHEREFORE: The Plaintiff requests the Court to enter a decree of Divorce. COUNT III - EQUITABLE DISTRIBUTION 13. Paragraphs one (1) through twelve (12) are incorporated herein by reference. 14. Plaintiff and defendant have acquired property, both real and personal, during their marriage from September 6, 1986 until present. WHEREFORE: Plaintiff requests Your Honorable Court to determine what is marital property, to equitably divide all marital property, and to return all non- marital property that may belong to the Plaintiff to her. COUNT IV - ALIMONY PENDENTE LITE, ALIMONY AND ATTORNEY'S FEES 15. Paragraphs one (1) through fourteen (14) are incorporated herein by reference. 16. Plaintiff has incurred and will continue to incur counsel fees, costs, and expenses for her representation in this action that are substantial and continuing. 17. Defendant presently has exclusive control over the vast majority of the marital estate, thereby denying the Plaintiff an opportunity to help defray the costs of litigation. 18. Plaintiff is unemployed and, therefore, lacks sufficient funds, income or assets to pay for the expenses of litigation. 19. It is expected that Plaintiff will need to retain the services of an appraiser and other experts with respect to this action. 20. Defendant is financially able to help defray the above-referenced costs and expenses. WHEREFORE: Plaintiff requests Your Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereafter award such additional counsel fees, costs and expenses as may be deemed appropriate. Respectfully submitted, Abom & Kutulakis, L.L.P. Date: September 20, 2002 Kara W. Haggerty, ES we e Attorney I.D. No. 86914 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff CONNIE R. STRAYER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA vs. NO: CHARLES B. STRAYER, II, Defendant CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing complaint and divorce are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. !Q(J 0 2 Date Connie R. Strayer CONNIE R. STRAYER, Plaintiff VS. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION-LAW AFFIDAVIT OF SERVICE AND NOW, this 23RD day of September, 2002, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint upon the Defendant, by U.S. Postal Service, Certified, said copy as follows: Charles B. Strayer, II 72 McAllister Church Road Carlisle, PA 17013 Date: Z_ Kara W. Haggerty, Esquir Attorney I.D. No: 86914 Suite 204 8 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ?• RR\ - n ? v (` "" v ? v1 Q 1 '? \ x. n A ?a c ? ? I ?? N ?! ?^ ! ?.'. C. ? _., CCis ? , Y{=' A ? p? V, r o ? rn !T} . y ? ;fir ? ?-. .,1 /??`l (y1 'If? T„ ???? ...? ^1 ? ry flt ? CONNIL. R. S IRAYI R PLAIN'17rr is C1LIRLLS B.STRAYER, II DLI ENDANT IN THE COURT Oh COM-NION PLEAS CUMBERLAND COUNTY, PPNNA NO. CIVIL' FRXl Oat q{ '6 8 CIVIL ACTION'-E-M COMPLAINT FOR CUSTODY L The Plaintiff is Connie R. Strayer, residing at 72 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Charles B. Strayer, 11, residing at 72 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following children: Name Date of Birth Cody Strayer Chelsy Strayer 08/06/1987 02/06/1989 Cody Strayer is presently in the custody of AYS Jacks House, Patton, PA, a juvenile treatment facility. He will return to the custody of his mother upon release. Chelsy Strayer is presently in the custody of Connie Strayer, who resides at 72 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania. 4. During the children's lifetime, they have resided with the following persons and at Age 15 years 13 wears the following addresses: Name Address Date Charles and Connie Strayer 72 McAllister Church. Road Carlisle, PA. Charles and Connie Strayer 23 Back Street Plainfield, PA 1990-Present 1986-1990 The mother of the children is Connie Strayer, who resides at 72 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania. She is married. The father of the, child is Charles B Strayer; IT, currently residing at 72 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania. lie is married. 4. The relationship of Plaintiff to the children is that of Mother. 5. The relationship of Defendant to the children is that of father. 6. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 7. The Plaintiff has no information of a custody proceeding concerning die children pending in a court of this Commonwealth. 8. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The best interest and permanent welfare of the children will be served by granting the relief requested for reasons including the following: a. The mother has been the primary caregiver of the children from birth. She has: 1.) planned and prepared meals 2.) bathed, groomed and dressed the children 3.) purchased, cleaned and cared for the children's clothing 4.) arranged medical care, including trips to physicians 5.) arranged alternative daycare 6.) put the children to bed nightly, attended the children in the middle of the night, awaken the children in the morning b. The children have a psychological bond with Mother; C. Mother continues to provide a stable environment for the children; d. Chelsy is involved in equestrian activites with her mother, to include competing on the Blue and Gray circuit and with CPJHSA; C. Mother assists children with homework, to include requirements that homework be completed before attending any extra-curricular activities. 10. Fach parent whose parental rights to the children have not been terminated has been named as parties to this action. WHEREFORE, the Plaintiff requests that this Court giant custody of the children to her. Respectfully submitted, Abom & Kutul.das, L L.P. Date: September 20, 2002 VOI-Uz? V. Kara W. Haggerty, Esquire I.D. #86914 8 South Hanover Street, Suite 204 Carlisle, PA 17013 717-249-0900 Attornev for Plaintiff CONNIE R. STRAYER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO: CHARLES B. STRAYER, II, Defendant CIVIL ACTION-LAW VERIFICATION I verify that the statements made in the foregoing custody complaint are true and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. 9 2 g? V - ate Connie R. Strayer CONNIE R. STRAYER, Plaintiff VS. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: CIVIL ACTION-LAW AFFIDAVIT OF SERVICE AND NOW, this 23RD day of September, 2002, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Custody Complaint upon the Defendant, by U.S. Postal Service, Certified, said copy as follows: Charles B. Strayer, II 72 McAllister Church Road Carlisle, PA 17013 Date: Oq 0 xaqu) Kara W. Haggerty, Esq Attorney I.D. No: 86914 Suite 204 8 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff V joy W ?N V ti C7 c? :? nl N ? rn CONNIE R. STRAYER, Plaintiff VS. CHARLES B. STRAYER, II, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO: NO: 02-4568 : CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I served a true and correct copy of the Complaint Under Section 3301(c) of the Divorce Code, upon the Defendant, receipt of which is acknowledged on the attached receipt card on September 25, 2002. Respectfully submitted, ABOM & KUTULAMLS Date: September 25, 2002 kL' Kara W. Haggerty, Esquire Attorney I.D. No: 86914 8 South Hanover Street Carlisle, PA 17013 Attorney for Plaint Y CD Cl? -0 t17 rn -f. mrr, o N) ' r-n f'o J A ?D ? 2 Also complete ¦ CamP° ?y is desired., ¦ ?4 W? adder on the reverse your na" to you. eo that We cart rte the card I of the mail iece, t cwd to the t>ac p ¦ or onNora 0 space pefmits. Add"ed to: c O N/.[ 5fMlCjer l? Z? 3. eived by ( Printed Na?mal different m item t? 2r D. Is delivery address ? No If YES, enter delivery address below: 3. Service Type Expre? Meil ertified Mail handise ? Registered C3 Return Receipt for Mere 1,,913 ? insured Mail ? C.O.D. Extra Fee) 2005 q. Restricted Delivery- pa-335' ??11.w? (W 99 3aa0 eooF I59y ?77F 2. Aftis Number 102595-02-M-0835 SW from service 9 Au ust 2001 Domestic Return receipt UNITED STATES POSTAL SERVICE Es • Sender: Please Print your name address, and ZIP+4 in this box • Abom & Kutulakis, L.L.P. 8 S Hanover Street, Ste. 204 Carlisle, PA 17013 CONNIE R. STRAYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4568 CIVIL ACTION LAW CHALRES B. STRAYER, I' IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, September 25, 2002 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 25, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, V By: /si Hubert X Gilroy, Esq V11 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?NR ????SNN3d ?r?r,•. ?; j? : a JUL U 9 2003 V CONNIE L. STRAYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHARLES B. STRAYER, II, : NO. 02 - 4568 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this /y- day of Qom, , 2003, upon consideration of the attached Custody Conciliation Repo itrt ordered and directed as follows: 1. The Mother, Connie R. Strayer, and the Father, Charles B. Strayer, II, shall enjoy shared legal custody of Cody R. Strayer, born August 6, 1987; and Chelsy Strayer, born February 6, 1989. 2. Mother shall enjoy primary physical custody of the minor children. 3. Father shall enjoy periods of temporary physical custody with the minor children at such times as agreed upon by the parties. 4. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the conciliator for a custody conciliation conference. BY THE COURT, cc: Ronald E. Johnson, Esquire. ?y Kara Haggerty, Esquire ?° Q WWAIASWd hS:IIP i I lA N CONNIE L. STRAYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CHARLES B. STRAYER, II, : NO. 02 - 4568 CIVIL Defendant : IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cody R. Strayer, born August 6, 1987; and Chelsy Strayer, born February 6, 1989. 2. A Conciliation Conference was held via a telephone conference call on June 19, 2003, when the conciliator spoke with Attorney Ronald E. Johnson on behalf of the Father and Attorney Kara Haggerty on behalf of the Mother. 3. The parties agreed upon the entry of an order in the form as attached. -7/-? 03- DATE Custody Conciliator e KENNETH F. LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Petitioner/Defendant CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL CUSTODY PETITION TO MODIFY CUSTODY 1. The Petitioner is the Defendant, CHARLES B. STRAYER, II, hereinafter referred to as "Father.'$ 2. The Respondent is the Plaintiff, CONNIE R. STRAYER, hereinafter referred to as "Mother.'$ 3. The parties are parents of two children: CODY STRAYER, born August 6, 1987; and CHELSY STRAYER, born February 6, 1989. 4. On July 14, 2003, Mother obtained primary physical custody of the child (with shared legal custody) pursuant to an "agreement" between the parties purportedly made at the custody conciliation (copy of Order attached). 5. The conciliation was held by telephone conference with Mother's attorney and Father's prior attorney. The parties did not take part in the telephone conference. 6. Father's prior attorney, apparently, believed Father had agreed to permitting Mother to have primary physical custody, (with no specific physical custody rights being given to Father, merely getting physical custody "as agreed upon."). 7. Father did not intend to enter into such an agreement and wishes to modify the current order to obtain primary physical custody. 8. Father avers the relief requested is in the children's best interest because it is he who has always been the children's primary caretaker and because Father is more able to provide the necessary stable environment than Mother. WHEREFORE, Father requests the Court to grant him primary physical custody of the parties' children„ with the parties to share legal custody. Respectfully submitted, DATE: 9/2/03 ?? KE NETH F. LEWIS, ESQUIRE At orney for Petitioner/Defendant VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 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. 7? Dated: ql2 0J CHARLES B. STRAYER, II CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the Petition to Modify Custody upon attorney for Plaintiff by mailing same on 2003, by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to: Kara W. Haggerty, Esq. Suite 204 8 South Hanover St. Carlisle, PA 17013 DATED: 713103 KE ET F. LEIaIS, ESQUIRE At orney for llefendant JUL U 9 2003 V CONNIE L. STRAYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHARLES B. STRAYER, II, : NO.02 - 4568 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this _liM day of 012 , 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Connie R. Strayer, and the Father, Charles B. Strayer, II, shall enjoy shared legal custody of Cody R. Strayer, born August 6, 1987; and Chelsy Strayer, born February 6, 1989. 2. Mother shall enjoy primary physical custody of the minor children. 3. Father shall enjoy periods of temporary physical custody with the minor children at such times as agreed upon by the parties. 4. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the conciliator for a custody conciliation conference. BY THE COURT, S J -L4:1:2?-J. cc: Ronald E. Johnson, Esquire Kara Haggerty, Esquire PrMonohuy rRUE COPY FROM RECORD in Testimony wtw ot, I bero unto set my hasty! and the seal of said?Cgasq at Cy;aasie, p` 2--day 2&2 3 n r.D c v? Mf- w ?D p N 0 zi r' ij CONNIE L. STRAYER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-4568 CIVIL ACTION LAW CHARLES B. STRAYER, II IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday September 11, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on Thursday, October 02, 2003 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Crilmy,Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 11 CQ Y, VIN` ,'OASIN ?2d I'V 'I? ! I d33 £0 CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 02-4568 CIVIL ACTION - LAW IN DIVORCE INVENTORY OF PLAINTIFF Plaintiff, Connie R. Strayer, files the following inventory of all property owned or possessed by either parry at the time this action was commenced and all property transferred within the preceding three years. I, Connie R. Strayer, Plaintiff, verify that the statements made in this inventory are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa CS § 4904, relating to unswom falsification to authorities. 9 AA oap? CONNIE R STRA R ASSETS OF THE PARTIES (Plaintiff) (Defendant) marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. 1. Real Property 2. Motor vehicles () 3. Stocks, bonds, securities and options O 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 O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home O 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) O 16. Employment termination benefits--severance pay, worker's compensation claim/award () 17. Profit sharing plans O 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments () 21. Litigation claims (matured and unmatured) O 22. Military/V.A. benefits () 23. Education benefits O 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY (Plaintiff (Defendant) lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS NUMBER 1 6.2 Acres & Home located at: Connie & Charles Strayer 72 McAllister Church Road Carlisle, PA 2 1999 Dodge Ram 1500 Connie Strayer 2 1989 Cutlass Sierra Charles Strayer 2 Chevy Truck Charles Strayer 2 VW Camper Van Charles Strayer 5 Members 1st Checking Account Connie Strayer 6 Members 1" Savings Account Connie Strayer 9 Life Insurance Policies Charles and Connie Strayer 19 Carlisle Boro Retirement Plan Charles Strayer 25 20 Gauge Pump Shotgun Connie Strayer 25 Grate Dane Lawnmower Charles Strayer 25 1968 Horse Trailer Charles Strayer 25 Horse Trailer Charles Strayer 25 Lawnboy Tractor Charles Strayer 25 Case Tractor Charles Strayer 25 Tools Charles Strayer 25 Color Television Connie & Charles Strayer NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM DESCRIPTION OF PROPERTY NUMBER 2 1978 Step Van 25 35 REM Pump Rifle 25 222 REM Rifle 25 50 Caliber Mussel Loader 25 Guns (Charles) 25 Stereo CD Player 25 13" Color TV 25 243 Rifle 25 Gateway Computer 25 Birthstone Ring 25 19 year old Quarter Horse REASON FOR EXCLUSION Pre-Marital Property Pre-Marital Property Inherited from father Gift from Defendant Pre-Marital Property Gift from Defendant Gift from Defendant Gift to son from Defendant Birthday gift to son Gift from Defendant Gift to Chelsy from Plaintiff PROPERTY TRANSFERRED ITEM DESCRIPTION OF NUMBER PROPERTY 1 Property (23 Back St) 2 '97 Cheep Cherokee 2 (2) VW Vans DATE OF CONSIDERATION TRANSFER PERSON TO WHOM TRANSFERRED Mr. Blosser Tim Halverson Salvage Yard 2 ? 1 TI 7C V TI G' ?I ` l0 37 :{ CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL ACTION - LAW IN DIVORCE, PLAINTIFF'S INCOME AND EXPENSE STATEMENT I, CONNIE R. STRAYER, verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date 06 ° .3 ?!? CONNIE R. STRAYS INCOME: Employer: Tractor Supply Company Address: 10 Noble Blvd. Carlisle, PA 17013 Type of Work: Labor Key Carrier Payroll Number: 119907 Pay Period: Biweekly Gross Pay per Pay Period: $647.43 Itemized Payroll Deductions: Federal Withholding -$34.52 Social Security -$42.30 Local Wage Tax -$5.53 State Income Tax -$15.48 Retirement Savings Bonds Credit Union Life Insurance Health Insurance -$94.50 Other (specify) Carlisle WH, Carlsile SD -$6.08 Net Pay per Pay Period: $449.02 OTHER INCOME: Weekly Monthly Yearly Interest Dividends Pension Annuitly Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Worker's Compensation Other: Support Jeep Total $250.00 $0.00 $250.00 $0.00 EXPENSES: Weekly Monthly Yearly Home: Mortgage/Rent Maintenance Utilities: Electric Gas Oil Telephone Water Sewer Employment: Public Transportation Lunch Taxes: Real Estate Personal Property Income Insurance: Homeowners Automobile Life Accident Health Other Automobile: Payments Fuel Repairs Medical: Doctor: Dentisti Orthodontist Hospital Medicine Special Needs: Eye glasses Braces Orthopedic Devices Education: Private School Parochial School College $ 80.00 $ 64.46 $ 33.04 $ 29.'79 $ 25.00 $ 92.22 $ 182.00 $ 321.00 $ 125.00 Religious Personal: Clothing Food Barber/Hairdresser Credit Payments Credit Card Charge Account Memberships Loans: Credit Union (truck) Other: Line of credit $ 100.00 $ 400.00 $ 50.00 $ 1,000.00 $ 80.00 Miscellaneous: Household Help Child Care $ 10.00 Subscriptions Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Child Support Payments Other: cell phone $29.99 Animal food $40.00 stall boarding $69.00 Lunch money $10.00 TOTAL EXPENSES: $204.00 $1,457.50 $1,080.00 PROPERTY OWNED: Description Value H W Checking Accounts Members 1st $250.00 x Savings Accounts Members 1st $0.00 x Credit Union Stocks/Bonds RealEstate House/Land $150,000.00 Other J x TOTAL $150,250.00 INSURANCE: Company Hospital Blue Cross Other UMR Medical Blue Shield UMR Other Health/Accident Disability Income Dental UMR Other No H W C x x x H = Husband; W = Wife; J = Joint; C = Child n cca ?;, S '1) - ??r= -/,.i ?? ( J r, c ? -T? ".: _y ?O ?? < oc S 20^3 CONNIE L. STRAYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CHARLES B. STRAYER, II, : NO. 2002 -4568 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this X? day of October, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 2. 3, 7 A cu Ch Ch( sepa deter custot any N the era, 1. The parties shall submit themselves and the minor children to a custody evaluation to be performed by an evaluator as agreed upon by legal counsel for the parties. In the event legal counsel cannot agree upon an evaluator, they can contact the conciliator to resolve that issue. Cost of the evaluation shall be paid for by the Father. The evaluation shall be an independent evaluation with the evaluator sharing the results of the evaluation with both parties and their attorneys. Mother shall cooperate in the evaluation and ensure that the minor children are available to be involved in the evaluation pursuant to the directives of the evaluator. Upon the conclusion of the evaluation and in the event the parties cannot reach an agreement at that time, legal counsel for the parties may contact the conciliator for a telephone conference to determine whether the matter needs to be referred to the court for a hearing. 2. Pending further order of this court, this court's prior order of July 14, 2003 shall remain in effect. 'ased ill ache cc: enneth F. Lewis, Esquire anon P. Kutulalds, Esquire > BY THE COURT, ??. J. Kevi A. Hess v 0;1 s io -ra -U3 OCO s 2003 CONNIE L. STRAYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHARLES B. STRAYER, II, : NO. 2002 - 4568 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this gr day of October, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and the minor children to a custody evaluation to be performed by an evaluator as agreed upon by legal counsel for the parties. In the event legal counsel cannot agree upon an evaluator, they can contact the conciliator to resolve that issue. Cost of the evaluation shall be paid for by the Father. The evaluation shall be an independent evaluation with the evaluator sharing the results of the evaluation with both parties and their attorneys. Mother shall cooperate in the evaluation and ensure that the minor children are available to be involved in the evaluation pursuant to the directives of the evaluator. Upon the conclusion of the evaluation and in the event the parties cannot reach an agreement at that time, legal counsel for the parties may contact the conciliator for a telephone conference to determine whether the matter needs to be referred to the court for a hearing. 2. Pending further order of this court, this court's prior order of July 14, 2003 shall remain in effect. cc: enneth F. Lewis, Esquire ason P. KutuhMs, Esquire BY THE COURT, ?. J. 3,i A. Hess RKs io -io -U3 CONNIE L. STRAYER, Plaintiff v CHARLES B. STRAYER, II, Defendant Prior Judge: Kevin A. Hess : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2002 - 4568 CIVIL : IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.34(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Cody L. Strayer, born August 6, 1987; and Chelsy L. Strayer, born February 6, 1989. 2. A Conciliation Conference was held on October 2, 2003, with the following individuals in attendance: The Mother, Connie L. Strayer, with her counsel, Jason Kutulakis, Esquire; and the Father, Charles B. Strayer, II, with his counsel, Kenneth F. Lewis, Esquire. 3. The parties are subject to an existing order from July of 2003 which gives Mother primary custody and Father periods of temporary physical custody as agreed. The current situation is that the minor child Cody is in a juvenile detention placement. Chelsy is living with Mother, but is expressing serious concerns about visiting Father. Chelsy has not had any overnight type of visitation with Father since the parties separated over one year ago. Father is seeking a custody evaluation for purposes of determining if the minor children would be better served by being in Father's custody. Mother is unwilling to agree to a custody evaluation and unable to make any payments towards the evaluation. Father is willing to handle the payments for the evaluation. 4. Based upon the above, the conciliator recommends the entry of an order in the form as attached. / O?3 ?9 3 ??OAI) DATE Hubert X. Gilroy, Esqu' e Custody Conciliator CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant TO THE JUDGES OF SAID COURT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE. PETITION FOR ALIMONY PENDENTE LITE AND NOW, this 6 `l A day of Wv ?em b61- 2003, comes the Plaintiff, Connie R. Strayer, by and through her attorney, Kara W. Haggerty, Esquire, and avers the following: 1. A Complaint in Divorce was filed in the above captioned matter on September 23, 2002. 2. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established. during the marriage. 3. The Plaintiff is without funds to pay the costs and expenses of this action, and is unable to maintain herself during the pendency of this action. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendent lite as this Court deems reasonable. Respectfully submitted, ABOM Fr KUTULAKIS, L.L.P. DATE I A D3 Kara W. Haggerty ID No. 86914 36 South Hanover Street, Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff CERTIFICATE OF SERVICE /Move m be,e- AND NOW, this 4 ? day of-H er, 2003, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAKis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition for Alimony Pendente Lite, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Kenneth Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 Attorney for Defendant DATE H I of D3 Respectfully submitted, ABOM & KUTu.L 4m, L.L.P. 'V )- Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, Connie Strayer, verify that the statements made in this Petition are true and correct to the best of my knowledge, 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. Date /d - q, 03 2 =ti 9 Connie Strayer n Q " k f ~ 14 CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2002-4568 CIVIL TERM CHARLES B. STRAYER, II, IN DIVORCE Defendant/Respondent pacses# 697105955 ORDER OF COURT AND NOW, this 18ih day of November, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R J Shadday on December 2 2003 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE: This case will be heard along with P9CSES CID # 800105853 previously scheduled before Jennifer Gibboney. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Mail copies on Petitioner I1-18-03 to: < Respondent Karen Haggerty, Esquire Kenneth Lewis, Esquire Date of Order: November 18. 2003 BY THE COURT, George E. Hoffer, President Judge R. J. Sh3d`dday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 c0 U; -1 r- ti? rv CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 2002-4568 CIVIL TERM CHARLES B. STRAYER, II, IN DIVORCE Defendant/Respondent Pacses# 697105955 ORDER OF COURT AND NOW, this I (P day of December, 2003, based upon the Court's determination that Petitioner's monthly net income/eaming capacity is $1,178.14 and Respondent's monthly net income/eaming capacity is $2,053.19, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $350.00 per month payable monthly as follows; $350.00 for alimony pendente lite and $0.00 on arrears. First payment due on or before December 24, 2003 in the amount of $559.00. Arrears set at $559.00 as of December 10, 2003. The effective date of the order is November 6, 2003. Husband may make his first payment directly to Wife and Wife is to confirm to DRO, in writing, that the said payment has been made. Thereafter, husband is to make payment to the State Collection and Disbursement Unit. Husband is given credit in the amount of $141.00 for the phone bill payment and Wife's portion of the counseling expenses that have been paid by Husband. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S. § 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Connie R. Strayer. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 66% by the respondent and 34% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Neither party to provide medical insurance coverage. . This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday BY THE COURT, Mailed copies on Petitioner 12-11-03 to: < Respondent Jason Kutulakis, Esquire Kenneth Lewis, Esquire X Edward E. Guido J. (., mr- G_. °;' U?: ' ._. ?_ ; ;;-' -.. :, G :- _? :y ,', - {:- -1 ? ?, -:z _? CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL ACTION - DIVORCE PACSES 697105955 DEMAND FOR HEARING DATE OF ORDER: December 10, 2003 AMOUNT: $350.00 per month FOR: Alimony Pendente Lite REASONS: 1. The hearing officer gave Defendant an interest income of $31,432.00 when the Defendant only earned $3,186.00 in interest. The remaining monies (listed immediately below) should not have been included: a) $16,206 from a converted IRA. The Defendant changed his "regular" IRA to a "Roth" IRA. The Defendant received no money whatsoever from this transfer; and b) $11,390 in capital gains income (the Defendant cashed in some of his inheritance). 2. The Defendant was not given amp deviation from the guideline amounts even though: a) The parties have two children. One is in placement; the other lives with a relative. Only Mr. Strayer pays for support of these children. Ms. Strayer pays nothing; b) Not only does Ms. Strayer pay nothing toward the care of either child, she does not pay any mortgage or rent. She is living in the marital home, which has no mortgage. The support guidelines presume the obligee will have a mortgage payment; C) The parties are obtaining a custody evaluation regarding one of their children. Mr. Strayer is footing the entire bill (approximately $4,000-$5,000). 3. Arrears amount. The effective date of the Order is 11/6/03 (the date of filing for APL). The order indicates Defendant is to receive credit in the amount: of $141.00 for a phone bill payment and a payment on behalf of Plaintiff for counseling expenses. The counseling bills paid on behalf of Plaintiff totalled $240.00 and the phone bill was in the amount of $58.71. Accordingly, Defendant should receive a credit of $198.71. PARTY FILING DEMAND FOR HEARING: CEYALES B. TRAYER, II 12-17-03 DATE by his counsel, KENNETH F. LEWIS, ESQ. 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 I.D. #69383 Ole SV c.? TI -ry (Te - ;ri CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4568 CIVIL CHARLES B. STRAYER, II, Defendant CUSTODY ORDER OF COURT AND NOW, this *L? day of December, 2003, upon consideration of Defendant's Emergency Petition for Modification of Custody Order, it is hereby ORDERED that: 1. • Carol Line shall have primary physical custody of Chelsy Strayer. 2. The parties and Carol Line shall share legal custody of Chelsy Strayer. .3. Dior to Oenniz. CL--_y,? 1. ..ii,7 oupmrviood vi-;Vs with ch-l?j, .1.? .al,.,ll *tail% -I ;tt-Pn CY7tPmcn* Er- a p+ 1 1.la?List, lrcensea psycnologist or iicensea tnerapl5u Lhat supervision is not necessary. Ms. Strayer shall immediately 11"-Vide any aal 1. tiealui ?aLe pLUV1d%:U wiLl. all part,*-qpt &w,u wiiL?, LiULUUing a copy of this Petition. 4. The parties are to be afforded periods of visitation as agreed by the parties and Carol Line. Any schoolnight visits shall end by 7:00 p.m. 0 4r- 5. N ier party shall consume any alcoholic beverages, smoke tobacco, nor take any illegal substances during any periods of physical custody with Chelsy. 6. AAM r shall follow through with any counseling recommendations made by Dr. Shienvold (the custody evaluator) and/or any other treating professional. 7. This Order shall supersede all other Court Orders in this case and shall remain in effect until further Order of Court. 00 BY THE :(;UR?T: By: DISTRIBUTION: Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 (who shall deliver a copy to Carol Line) Kara Haggarty, Esq., 36 South Hanover St., Carlisle, PA J. 17013,Y 1 .?rl ??.?.?, ._? ?<; ,'', j?:...... ?... CONNIE R. STRAYER, Plaintiff/Respondent V. CHARLES B. STRAYER, II, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL CUSTODY DEFENDANT'S EMERGENCY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The Petitioner is Charles B. Strayer, II, the Defendant in this matter (hereafter "FATHER"). 2. The Respondent is Connie (d. Strayer, the Plaintiff in this matter (hereafter "MOTHER"). 3. The parties are parents of two children: CODY STRAYER, born August 6, 1987; and CHELSY STRAYER, born February 6, 1989. This Petition pertains only to CHELSY STRAYER, as CODY STRAYER is in placement and not residing with either party. 4. An Order was entered on October 8, 2003, following a custody conciliation whereby a custody evaluation was to be performed. Pending this evaluation, the Court's prior Order (July 14, 2003) was to remain in effect, which provided for shared legal custody of Chelsy, with Mother having primary physical custody. (copy of both Orders attached). 5. Since October 8, 2003, the following extremely serious events have occurred that put Chelsy at substantial risk: a) on or about October 19, 2003, Mother, who is an alcoholic, was charged with furnishing alcohol to approximately 30 minors (including Chelsy). When the police came to the home, she was combative and other charges, including resisting arrest were also filed. b) On the above-mentioned evening, Mother threatened to kill herself and Chelsy. c) Shortly thereafter Mother voluntarily entered a rehabilitation facility for approximately three weeks. d) On October 28, 2003, the parties agreed that Chelsy would live with her aunt, Carol Line, who resides next to Mother. e) On or about the evening of December 2, 2003, Ms. Strayer attempted to commit suicide by ingesting a combination of pills and alcohol. f) Petitioner believes Ms. Strayer went to Phil Haven and has since been, or is in the process of being, transferred to Roxbury on a voluntarv basis. g) During the short time during this school year that Chelsy was in her mother's care, she missed enough school (8th grade) that she has already been threatened with fines for subsequent absences. Not surprisingly, she is flunking almost all subjects. h) According to school personnel, Chelsy has already begun exhibiting symptoms of someone who uses drugs and alcohol. Mother refused to sign the form permitting Chelsy to be evaluated. 6. While Chelsy is currently residing with her aunt, there is nothing to prevent Mother from simply leaving whatever institution she is in and picking up Chelsy. This concern is particularly grave given the upcoming holiday season. , Father, requests that the following Order be entered: a) Carol Line, Chelsy's aunt, to have primary physical custody of Chelsy (Ms. Line desires this relief as well); b) The parties and Carol Line to share legal custody; c) Prior to Mother having unsupervised visits with Chelsy, she shall obtain a written statement from a psychiatrist, psychologist or licensed therapist that supervision is not necessary. Ms. Strayer shall immediately provide the mental health provider with all pertinent documents, including a copy of this Petition. d) The parties to be afforded periods of visitation as agreed by the parties. Any schoolnight visits shall end by 7:00 p.m. e) Neither party shall consume any alcoholic beverages, smoke tobacco, nor take any illegal substances during any periods of physical custody with either child. f) Mother shall follow through with any counseling recommendations made by Dr. Shienvold (the custody evaluator) and/or any other treating professional. Respectfully submitted, DATE: 12/19/03 KE NE F. LEWIS, ESQUIRE Attorney for Petitioner/Defendant 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 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. Dated: /741/0"? CHARLES B. STRAYER, II CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the Petition to Modify Custody upon attorney for Plaintiff by hand- delivering same on the date of filing to Kara W. Haggerty, Esq., Suite 204, 8 South Hanover St., Carlisle, PA 17013. KE ET F. LEWIS, ESQUIRE Attorney for Defendant OCT 0 8 2003 CONNIE L. STRAYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW CHARLES B. STRAYER, II, NO.2002 - 4568 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this D ' ' day of October, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and the minor children to a custody evaluation to be performed by an evaluator as agreed upon by legal counsel for the parties. In the event legal counsel cannot agree upon an evaluator, they can contact the conciliator to resolve that issue. Cost of the evaluation shall be paid for by the Father. The evaluation shall be an independent evaluation with the evaluator sharing the results of the evaluation with both parties and their attorneys. Mother shall cooperate in the evaluation and ensure that the minor children are available to be involved in the evaluation pursuant to the directives of the evaluator. Upon the conclusion of the evaluation and in the event the parties cannot reach an agreement at that time, legal counsel for the parties may contact the conciliator for a telephone conference to determine whether the matter needs to be referred to the court for a hearing. 2. Pending further order of this court, this court's prior order of July 14, 2003 shall remain in effect. BY THE COURT, + is 111 J. Kevin .Hess cc: Kenneth F. Lewis, Esquire Jason P. Kutulakis, Esquire TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand I he se I of said Court ACM isle, Pe. 0rf ....... pro tary ? JUL U.9 ZUU3 CONNIE L. STRA VFR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSVLVANIA V CIVIL ACTION - LAW CIIARLF,S B. STRAVFR, 11, : NO. 02-4568 CIVIL Defendant : IN CUSTODV COURT ORDER AND NOW, this _/0 day of attached Custody Conciliation Report, t is ordered and directed as lloW consideration of the 1. The Mother, Connie R. Strayer, and the Father, Charles B. Strayer, 11, shall enjoy shared legal custody of Cody R. Strayer, born August 6, 1987; and Chelsy Strayer, born February 6, 1989. 2. Mother shall enjoy primary physical custody of the minor children. 3. Father shall enjoy periods of temporary physical custody with the minor children at such times as agreed upon by the parties. 4. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the conciliator for a custody conciliation conference. By THE COURT, /s/ a 1-'k a J. cc: Ronald E. Johnson, Esquire Kara Haggerty, Esquire tRUE COPY FROM RECORD In Testinloq wlro *, I here unto set ow ham and the seal of MW C" k This ? day t? r , (? Who V rIf f ?? O ? ? 0 ? N c ? - • C. > n O ? T ? ` u,i N ? L ?t ? r -J / (-J -? G CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL CUSTODY ORDER OF COURT AND NOW, this day of January, 2004, it is hereby ORDERED that: 1. The hearing scheduled for January 26, 2003 in this matter shall be continued to the ?- day of 2004 at J. 'D 0 o'clock 2. The December 22, 2003 order of Court shall remain in effect in all other respects. BY E CO By: EDWARD E. GUIDO, J. DISTRIBUTION: ,/Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 (who shall deliver a copy to Carol Line) ?Kapr))a?Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 6a ?h. O?.o Aid '!hr ? ?-,yp?, n ?aa LAW OFFICES KENNETH F. LEWIS 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 FAX: (717) 234-8288 December 30, 2003 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Connie Strayer v. Charles Strayer 02-4568 Dear Judge Guido: As you will recall, you signed an Emergency custody Order regarding the above case (copy attached for your convenience) . Your Order scheduled a hearing for January 26, 2003. I will be out of the country from January 21, 2003 through January 29, 2003. I have contacted Kara Haggarty, counsel for Ms. Strayer and obtained her concurrence in rescheduling the hearing. We are both available January 20, 2003 or any day in February, except February 3, 5 and 9-13. Please let me know if you require a more formal motion for continuance. I have enclosed a draft Order for your convenience (as well as return envelopes). Thank you for your attention to this matter. Respectf lly submitted, KE NET F. LEWIS encl. p.c. Kara Haggarty, Esq. Charlie Strayer L? CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4568 CIVIL CHARLES H. STRAYER, II, Defendant CUSTODY ORDER OF COURT AND NOW, this -1? "1 day of December, 2003, upon consideration of Defendant's Emergency Petition for Modification of Custody order, it is hereby ORDERED that: 0 A Tap?t''? t (/wv"An G? doa 3 0". P"- 7 1." Carol Line shall have primary physical custody of Chelsy Strayer. 2. The parties and Carol Line shall share legal custody of Chelsy Strayer. s i i ctatnmon+ a e psyc at on is no necessary. Ms. Strayer shal imme is ely t a copy o this Petition . 4. The parties are to be afforded periods of visitation as agreed by the parties and Carol Line. Any schoolnight visits shall end by 7:00 p.m. __ dF±,-..t7n5tY-•:z,C.iM?,.w$rw?.ta?»,nusnk?A,...-lw6,a}?ro.k ry{z?lairmF.+•.,y,.,?.i.in mM Ni,a y.?,?,..aJ kJ mr.R J4in?.. raw IN TNL'' LUUK'1' UC I:UMMUN 5. N per party shall consume any alcoholic beverages, smoke tobacco, nor take any illegal substances during any periods of physical custody with Chelsy. 6• AM ? hall follow through with any counseling recommendations made by Dr. Shienvold (the custody evaluator) and/or any other treating professional. 7. This Order shall supersede all other Court Orders in this case and shall remain in effect until further order of Court. BY THE URT: By: J. DISTRIBUTION: Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 (who shall deliver a copy to Carol Line) Kara Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 lfi td3(8h bFij? i41' tj r.Sf, 1 f:?fa e„C3 ; 5 ?;; . ro `S+ V ai'd ftjj < tJmj $It sa t t w+? i aria :; a, , F~?, P?rothon? u"' c) The home has been empty much of the time as Wife has been residing in various rehabilitation centers; d) Husband is concerned that the home has been used as an underage "party place;" e) The home must be occupied for safety and insurance purposes; f) Whenever Wife leaves the current rehabilitation center, Husband avers it is not wise for her to return to the marital home (where she tried to kill herself), where she would be living by herself; g) Wife has an alternate place to live as her mother lives approximately 300 yards from the marital home; and h) Husband has been paying the gas, electric, phone and home insurance bills. WHEREFORE, Husband respectfully requests the Court grant him interim sole possession of the marital home. Respectfully submitted, DATE: 1/8/04 KENNE H F. LEWIS, ESQUIRE Attorney for Petitioner/Defendant 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 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. Dated: CHARLES B.'S'F-BAYER, II CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the Petition for Special Relief upon attorney for Plaintiff by mailing same, postage prepaid at Harrisburg, PA, on the filing date, at the following address: Kara W. Haggarty, Esq. 36 South Hanover St. Carlisle, PA 17013 DATED: 1/9/04 Py1 KE ET F. LEWIS, ESQUIRE Attorney for Defendant C? N .- ?7 ( ` __ _? (.? l it l- i ?L7 \.v _ ?? ._.'?_) l 1 >{ l( ?./ .... CONNIE R. STRAYER, Plaintiff/Respondent V. CHARLES B. STRAYER, II, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL DIVORCE DEFENDANT'S PETITION FOR SPECIAL RELIEF EOUESTING SOLE POSSESSION OF MARITAL HOME 1. The Petitioner is Charles B. Strayer, II, the Defendant in this matter (hereafter "Husband"). 2. The Respondent is Connie R. Strayer, the Plaintiff in this matter (hereafter "Wife"). 3. The parties own a home located at 72 McAllister Church Road, Carlisle, PA 17013. 4. In April of 2003 Wife filed a PFA Petition, without cause, and Husband was temporarily ordered to leave the home. 5. No hearing was held on the PFA Petition and Wife withdrew discontinued the action by Praecipe. Husband voluntarily agreed to stay away from the home and has only been going there to do some minor maintenance. 6. The home will have to be sold pursuant to the divorce action, but has not yet been listed for sale. 7. On or about the evening of December 2, 2003, Wife attempted to commit suicide by ingesting a combination of pills and alcohol. 8. Wife has been residing at in-patient programs at Phil Haven and Roxbury Rehabilitation centers since that date. 9. Less than 6 weeks before the above-mentioned incident, Wife entered a rehabilitation program (in October of 2003) where she remained for three weeks. This stay was precipitated by an arrest on October 19, 2003 at which time Wife was charged with furnishing alcohol to approximately 30 minors (including the parties' daughter). When the police came to the home, she was combative and other charges, including resisting arrest were also filed. 10. Given the above, an Emergency Custody Order was signed by the Honorable Edward E. Guido on December 22, 2003, giving custody of the parties' daughter to her aunt, who resides next door to the marital home. 11. The home is now vacant, but Wife could check herself out of the rehabilitation center and return to the home at any time. 12. Husband requires sole possession of the marital home for the following reasons: a) The home, which has been damaged in the short time Husband has been out of the home, must be made ready for sale; b) Since Husband has been out of the home, there have been holes put in a wall, the front door was broken down by EMT personnel to save Wife when she attempted to commit suicide and the home is filled with animal feces and litter; c) The home has been empty much of the time as Wife has been residing in various rehabilitation centers; d) Husband is concerned that the home has been used as an underage "party place;" e) The home must be occupied for safety and insurance purposes; f) Whenever Wife leaves the current rehabilitation center, Husband avers it is not wise for her to return to the marital home (where she tried to kill herself), where she would be living by herself; g) Wife has an alternate place to live as her mother lives approximately 300 yards from the marital home; and h) Husband has been paying the gas, electric, phone and home insurance bills. WHEREFORE, Husband respectfully requests the Court grant him interim sole possession of the marital home. Respectfully submitted, DATE: 1/8/04 ? f KENNE H F. LEWIS, ESQUIRE Attorney for Petitioner/Defendant 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 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. Dated: '?g/? ??_6? _ CHARLES B. STPAYER, II CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the Petition for Special Relief upon attorney for Plaintiff by mailing same, postage prepaid at Harrisburg, PA, on the filing date, at the following address: Kara W. Haggarty, Esq. 36 South Hanover St. Carlisle, PA 17013 DATED: 1/9/04 pif7 KE ET F. LEWIS, ESQUIRE Attorney for Defendant n "' ca -?, _ ? c? _ - Elila ?7 ? ' '! i(i .: ?? ' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE R. STRAYER ) Docket Number 02-4568 CIVIL Plaintiff ) VS. ) PACSES Case Number 697105955 CHARLES B. STRAYER II ) Defendant ) Other State ID Number ORDER OF COURT You, CONNIE RAE STRAYER 72 MCCALLISTER CHURCH RD, CARLISLE, PA. 17013-9379-72 are ordered to appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the FEBRUARY 23, 2004 at 9: 00AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses ti c w Form CM-509 Service Type M Worker ID 21302 STRAYER v• STRAYER PACSES Case Number: 697105955 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either parry based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 -n Y1 H l I` Tr!'i U 6 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE R. STRAYER Plaintiff VS. CHARLES B. STRAYER II Defendant Docket Number PACKS Case Number ) Other State ID Number 02-4568 CIVIL 697105955 ORDER OF COURT YOU, CHARLES BREWSTER STRAYER II plaintiff/defendant of PO BOX 164, PLAINFIELD, PA. 17081-0164-64 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the FEBRUARY 23, 2004 at 9: ooAM fora hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Ret urn, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months i o 3. , verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available DOW v 5. information relating to professional licenses - o ° - 6. other: ? V ? rn ? w Form CM-509 Type M Worker ID 21302 STRAYER v. STRAYER PACKS Case Number: 697105955 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: ; - -7 - 'd m? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP: CUhIDERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Service Type M Worker ID 21302 ? U o ter, ' W n CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF JAN 13 2004 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA L V. NO. 02-4568 CIVIL CHARLES B. STRAYER, II, Defendant CUSTODYINVI)ka ORDER OF COURT AND NOW, this _?iday of January, 2004, upon consideration of Defendant's Petition for Special Relief Requesting Sole Possession of the marital home, it is hereby ORDERED that: 1 A Rule is entered upon Plaintiff to show cause why Husband should not be granted possession of the home pending its sale. Rule returnable within /O days of service. J. DISTRIBUTION- Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., (who shall deliver a copy to Carol Line) PA 17102 Aara Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 oa. o ('L Z! S'd ? I Plvf %z [ii`V(1`N1(D2d EIHI ap ;Ji.?40-"1371 f'i CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ANSWER TO DEFENDANT'S PETITION FOR SPECIAL RELIEF REQUESTING SOLE POSSESSION OF MARITAL HOME 1. It is admitted that the Petitioner is Charles B. Strayer, II, the Defendant in this matter (hereafter "Husband") 2. It is admitted that the Respondent is Connie R. Strayer, the Plaintiff in this matter (hereafter "Wife"). 3. It is admitted that the parties own a home located at 72 McAllister Church Road, Carlisle, PA 17013. 4. Admitted in part, denied in part. It is admitted that in April of 2003, Wife filed a PFA Petition and Husband was ordered to leave the home. It is specifically denied that the PEA Petition was filed without cause. By way of further answer, an agreement was reached between the parties that the PEA Petition would be withdrawn in exchange for Husband's agreement to remain out of the marital home. 5. Admitted in part, denied in part. It is admitted that no hearing was held on the PFA Petition and Wife discontinued the action by Praecipe. It is admitted that Husband voluntarily agreed to stay away from the home. It is specifically denied that Husband has only been going to the marital home to do some minor maintenance. 6. Denied. It is specifically denied that the home will have to be sold pursuant to the divorce action. By way of further answer, the decision as to whether the home must be sold is a decision to be made by a divorce master, not by the Defendant, and that decision has yet to be made. 7. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of this averment; therefore, same is denied, and strict proof thereof is demanded. 8. Denied. Any information pertaining to Respondent's rehabilitation efforts is protected by the doctor-patient privilege. 9. This averment contains a compound allegation; therefore, no responsive pleading is required. In the event a responsive pleading is deemed necessary, after reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of this averment; therefore, same is denied, and strict proof thereof is demanded. 10. It is admitted that an Emergency Custody Order was signed by the Honorable Edward E. Guido on December 22, 2003, giving custody rights of the parties' daughter to her aunt, who resides next door to the marital home. By way of further answer, the emergency order gives shared legal custody to Husband, Wife, and aunt. 11. Denied. It is specifically denied that the home is now vacant, but Wife could check herself out of the rehabilitation center and return to the home at any time. By way of further answer, Respondent is currently not living in her home, but will be returning to her home in the very near future. In addition, the marital residence is Respondent's sole residence and she does not have another place to live. 12. Denied. It is specifically denied that Husband requires sole possession of the marital home for the following reasons: a) It is specifically denied that the home has been damaged in the time Husband has been out of the home. It is specifically denied that the home must be made ready for sale. By way of further answer, the parties have agreed that Petitioner has permission to perform necessary maintenance on the home without being granted sole possession of the home. b) After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of this averment; therefore, same is denied, and strict proof thereof is demanded. c) Admitted in part, denied in part. It is admitted that the home is currently unoccupied. It is specifically denied that the reason the home has been empty is solely because Wife has been residing in various rehabilitation centers. d) After reasonable investigation, Respondent is without knowledge or information sufficient to answer an averment as to Husband's concerns; therefore, same is denied. It is specifically denied that the home has been used as an underage "party place". e) Denied. It is specifically denied that the home must be occupied for safety and insurance purposes. By way of further answer, the property upon which the marital home is built was Respondent's family's real estate and the properties surrounding the marital property is all owned and occupied by members of Respondent's family; therefore, there are sufficient persons to ensure that the home is safe at any time Respondent is not specifically occupying the home. 0 After reasonable investigation, Respondent is without knowledge or information sufficient to answer an averment as to Husband's opinions; therefore, same is denied. It is specifically denied that it is not wise for Wife to return to her home where she would be living by herself following her release from a rehabilitation center. By way of further denial, this averment contains a compound allegation; therefore, no responsive pleading is required. g) Admitted in part, denied in part. It is admitted that Wife's mother lives approximately 300 yards from her home. It is specifically denied that Wife has an alternative place to live at her mother's home. h) It is admitted that Husband has been paying the gas, electric, and home insurance bills. It is specifically denied that Husband has been paying the phone bill. By way of further answer, Husband had the phone service shut off from the marital home, and Husband has been paying the above-mentioned bills by agreement between the parties while a support action is pending at Cumberland County Domestic Relations. WHEREFORE, Respondent respectfully requests This Honorable Court to deny Petitioner's request for special relief and allow Respondent to remain in her home. Respectfully submitted, Kara W. Haggerty, Es4u Attorney I.D. No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Respondent CERTIFICATE OF SERVICE AND NOW, this 26`h day of January, 2004, I, Kara W. Haggerty, Esquire, of ABOM & KUTULAK s, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Answer to Defendant's Petition for Special Relief Requesting Sole Possession of Marital Home, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Kenneth Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 Attorney for Defendant DATE Respectfully submitted, ABOM & KUTULAKis, L.L.P. k/iw W. 4aav_,dv Kara W. Haggerty ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff N 73 ? Cj In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE R. STRAYER ) Docket Number 02-4568 CIVIL Plaintiff ) vs. ) PACSES Case Number 697105955 CHARLES B. STRAYER II ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, CHARLES BREWSTER STRAYER II Of PO BOX 164, PLAINFIELD, PA. 17081-0164-64 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 On the 1ST DAY OF MARCH, 2004 at 9: ooAM fora hearing. This date replaces the prior hearing date of FEBRUARY 23, 2004 You are further required to bring to the hearing: ° °- 1. a true copy of your most recent Federal Income Tax Return, including W-2s; &' TI6d, ?.5 2. your pay stubs for the preceding six (6) months, _ Ul 3. the Income and Expense Statement attached to this order as required by Rule l4i& I l (c)`.r' 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Service Type M Worker ID 21302 STRAYER V. STRAYER PACSES Case Number: 697105955 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which parry initiated the support action. BY THE COURT: Date of Order. GI -? -Uy JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Service Type M Worker ID 21302 ? ?., i . < . ; ? , _ ?' -i ? -c ;. .r N I "l r 'r? "? ?? ? Q ?'?-ii ." C. RJ .. ,?; rt ;:: ? - N c In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CONNIE R. STRAYER ) Docket Number 02-4568 CIVIL Plaintiff ) vs. ) PACSES Case Number CHARLES B. STRAYER II 697105955 Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, CONNIE RAE STRAYER of 72 MCCALLISTER CHURCH RD, CARLISLE, PA. 17013-9379-72 are ordered to appear at DOMESTIC RELATIONS HEARING RM y DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013.73'Q?4-13J ct on the 1ST DAY OF MARCH, 2004 at 9: ooAM fora hearing.islate places the prior hearing date Of FEBRUARY 23, 2004 cn cn You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income and Expense Statement attached to this order as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. Proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Worker ID 21302 STRAYER V. STRAYER PACSES Case Number: 697105955 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP: CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACTT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Worker ID 21302 ?, r> ?-? ?... c? ro c? -n rJ h+ ?-; -?, ?? n? ?_ T ?? ?, _- '?i c ti]-ern .? _...._ .. -.r KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Defendant CONNIE L. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL DIVORCE/CUSTODY INCOME 6 EXPENSE STATEMENT OF CHARLES B. STRAYER. II I verify that the statements made in the foregoing documents are true and correct to the best of my knowledge, information and belief. 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. Dated: 1/8/04 CHARLES B. STRAYER, II INCOME retired; income from interest/dividends on money obtained through inheritance; 2002: $11,390 capital gains $3,186 dividends + $33 interest EXPENSES (monthiv, unless noted otherwise) Mortgage $500-800* Electric $ 74 Propane $ 27 Telephone $ 35 Cell Phone $ 85 Water/Sewer $ Insurance $ 32 Repairs (i.e. water pump- replacement $500; furnace repair $272) $100 *I will be purchasing a home with the proceeds of the sale of the marital home. I do not know what the mortgage amount will be. TAXES: School Taxes County Real Estate Personal Prop Taxes VEHICLES: Insurance Fuel Repairs MISCELLANEOUS: Family/Chelsy therapy expenses re: Cody expenses re: Cody visits Medical bills Child care/Chelsy Memberships papers, publications Vacation/Entertainment Legal Fees Charitable contributions Cable TV/Internet Food/household items Xmas, Birthday, Etc. Barber $1,685/yr $ 321/yr $ 11/yr $ 96 $ 100 $ 100 est. $ 517 (varies) $ 100 (placement support) $ 100 $ 25 (dentist/contacts) $ 430 $ 40 $varies $varies; currently several hundred/mo $varies $ 600 $varies, 2003 spent appx. $1,000 $ 10 TOTAL MONTHLY INCOME $1,217 TOTAL MONTHLY EXPENSES $3,222** **does not include $4,000 custody evaluation fee to be paid solely by me; counsel fees of several hundred per month; clothing; $4,000 paid for braces or vacation. Includes a $500.00 mortgage payment (which is estimated low). d ? crr' r m , co v CONNIE R. STRAYER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES B. STRAYER II : NO. 2002-4568 CIVIL TERM ORDER OF COURT AND NOW, this -0 day of FEBRUARY, 2004, upon consideration of Defendant's Petition for Special Relief and Plaintiff's Answer thereto, a hearing on the matter is scheduled for FRIDAY, FEBRUARY 13, 2004, at 3.00 p.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. By the Court, Edward E. Guido, J. Kara W. Haggerty, Esquire Kenneth F. Lewis, Esquire sld C LS 214,j 9-a3jh80Z At,v'iC,NCHI0dd 3Hj 30 301:-1p-031J KENNETH F. LEWIS, ESQUIRE 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Defendant CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL DIVORCE INVENTORY & APPRAISEMENT STATEMENT OF CHARLES B. STRAYER. II I verify that the statements made in the foregoing documents are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ?/ /0 y CHARLE Defendant SffRAYER, II OF SERVICE I certify I have served a true and correct copy of the within document to attorney for Plaintiff by mailing same by U.S. Mail, postage prepaid at Harrisburg, Pennsylvania addressed to Kara Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 DATED: 4/l dl©? 3J l{?/? KE NE F. LEWIS, ESQUIRE Attorney for Defendant INVENTORY OF CHARLES B. STRAYER, II ASSETS OF PARTIES (x) 1. Real property (x) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (x) 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, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Description of Property 6.2 acres & home located at 72 McAllister Church Rd in escrow acct 1999 Dodge Ram 150 1988 Cutlass Sierra 1988 Chevy Truck 1971 VW Camper van (not run) Yamaha Motorcycles 1975 3 motorcycles 1974-75-76 (none of which run) Members First Checking Acct Members First Savings Acct Life Insurance Policy Carlisle Boro Retirement Plan 20 Gauge Pump Shotgun Grate Dane Lawnmower 1968 Horse Trailer 1965 Lawnboy Tractor 1946 Case Tractor small tractor doesn't run 10 yr old color television tools (1K total/$900 pre-marital) 50 Caliber Muzzle Loader Stereo CD Player 13" color television Owners Est. Value H&W $150K assessed W $15,000 (less loan?) H $1,000 H $1,500 H 0 H H W W H H W H H H H H&W H W W W $400 0 unknown unknown $11,565 $8,546 $300 $2,000 $300 $200 $400 $100 $100 $200 $100 $100 MARITAL PROPERTY Description of Property Owners Est. Value 2002 Gateway Computer Birthstone ring personal property/ household furniture and furnishings/appliances 19 yr old Quarter Horse Schwinn Bicycle Sunfish Boat/trailer H&W $2,000 W $50 H&W varies H&W 5K-15K W $150 H $200 NON-MARITAL PROPERTY Description of Property 1965 Step Van (doesn't run) 35 REM Pump Rifle Guns Owners Basis for Exclusion H pre-marital W pre-marital H pre-marital 243 Rifle parties' son owns crescent bicycle H pre-marital Husband's inheritance Member's First Credit Union Account American Balanced Fund Oppenheimer Scudder Phoenix IRA American Express IRA American Express Life Insurance Travelers Life Insurance and Annuity Yamaha organ H's mother's various personal property H pre-marital (books, photos, etc.) MARITAL LIABILITIES Name of Creditor Description of Property Property (23 Back St.) 97 Jeep Cherokee Oriq & Current Debtors Amount Owed PROPERTY Date Periodic Incurred Payment Date of to Whom Transfer Consideration Transferred 1995 $17,000 (put into new home) Mr. Blosser Tim Halverson (2) VW Vans Salvage Yard N _ J ?-' Ti ?Tl ! ? ? _ lii-!_ fj i?) '..'..i _ ? . i?l - j ? ,. V. CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this J- day of February, 2004, upon consideration of counsel's request, the hearing on the Petition for Exclusive Possession of the Marital Home, currently scheduled for Friday, February 13, 2004, at 3:00pm, is hereby continued generally. A new hearing date will be set at the written request of either party. J? Kara W. Haggerty, Esquire ABOM & KUTULAKIS, L.L.P. 36 South Hanover Street Carlisle, PA 17013 Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 (?? fi0 11 [IV £ 183J U0Z Alit?lGti'GF?J.G?d 3H]. a0 _ABOM & KuTLILAKIS ATTORNEYS AT LAW FAX 240-6460 Honorable Edward Guido Court of common Pleas Cumberland County 1 Courthouse Square Carlisle, PA 17013 February 10, 2004 Re: Connie Strayer v. Charles Strayer, 11 Docket No.. 02-4568 Civil Tenn Out File No.: 02-239 Dear Judge Guido: I am writing to request that the hearing scheduled for Friday, February 13, 2004, at 3:00pm, in the above referenced matter, be continued. I have discussed this matter with Attorney Ken Lewis, the attorney for Charles Strayer and we have agreed this matter may be resolved through an agreement regarding equitable distribution or a hearing before a Master in the issue of equitable distribution. In the event an agreement or resolution regarding the marital property does not occur in another fashion, either Attorney Lewis or I will submit a request to you in writing to reschedule this hearing. Attorney Lewis does concur with this request and is being notified of my formal request by copy of this letter. I have enclosed a proposed Order of Court continuing this hearing generally. If you need any additional information from me to continue this hearing, please do not hesitate to contact me at your convenience. Very truly yours, KWH/bhs Enclosure Cc: Connie Strayer Attorney Ken Lewis Abom. & Kutula'Q's, L.L. P. k? - Kara W. Haggerty 36 SOUTH HANOVER STREET CARLISLE, PA 17013 106 WALNUT STREET (717) 249-0900 HmR sBURG, PA 17101 FAX (717) 249-3344 (717) 232-9511 CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL CUSTODY ORDER OF COURT AND NOW, this 19* day of February, 2004, it is hereby ORDERED that: 1. The hearing scheduled for February 19, 2004 in this matter is canceled. 2. The parties shall continue to abide by the custody provisions contained in this Court's December 22, 2003 Order. 3. Either party may request modification of the December 22, 2003 Order by appropriate Petition. BY By: sr2.?1 DISTRIBUTION: Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 (who shall deliver a copy to Carol Line) /9-69' Kara Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 C?-, EJ ; I t Inn.. JA UE ??,? ?J"r•?la?l_? LAW OFFICES KENNETH F. LEWIS 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 FAX: (717) 234-8288 February 13, 2004 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 VIA FACSIMILE TO: (717) 240-6460 HARD COPY TO FOLLOW Re: Connie Strayer v. Charles Strayer 02-4568 (custody) Dear Judge Guido: As you will recall, you signed an Emergency custody Order on December 22, 2003 regarding the above case. A hearing is scheduled for February 19, 2004 at 1:00 p.m. On behalf of attorney Kara Haggarty and myself, I write to advise you the parties have agreed to continue to abide by this order. Accordingly, the hearing scheduled for next Thursday will not be necessary. Given Monday's holiday, I will hand-deliver a draft order canceling the hearing to your chambers on Tuesday, April 17th (copy attached). Please let me know if you require a more formal motion. Thank you for your attention to this matter. Respectf lly submitted, 99 KEN ET F. LEWIS attachment/encl. P.c. Kara Haggarty, Esq. Charlie Strayer LAN OFFICES 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 FAX: (717) 234-8288 February 13, 2004 The Eonorable Edward S. Guido Cumberland County Courthouse Oche Courthouse Square Carlisle, PA 17013 VIA Z T"T.4 TO: 17171Z4Q=A"Q gum COP! TD POLIM Re: Coamie Strayer v. Charles Strayer 02-4868 (custody) Dear Judge Guido: As you will recall, you signed an Emergency custody Order on December 22, 2003 regarding the above case. A hearing is scheduled for February 19, 2004 at 1:00 p.m.. On behalf of attorney Kara Haggarty and myself, I write to advise you the parties have agreed to continue to abide by this Order. Accordingly, the hearing scheduled for next Thursday will not be necessary. Given Monday Ia holiday, I will hand-deliver a draft Order canceling the hearing to your chambers on Tuesday, April 17th (copy attached). Please let me know if you require a more formal motion- Thank you for your attention to this matter. Respe G lly submitted, r R F. LEWIS attaclnoent/encl. p.c. Kara Haggarty, Esq. Charlie Strayer CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 02-4568 CIVIL CHARLES B. STRAYER, II, Defendant CUSTODY AND NOW, this day of February, 2004, it is hereby ORDERED that: 1. The hearing scheduled for February 19, 2004 in this matter is canceled. 2. The parties shall continue to abide by the custody provisions contained in this Court's December 22, 2003 Order. 3. Either party may request modification of the December 22, 2003 Order by appropriate Petition. BY THE COURT: By. EDWARD S. GUIDO, J. DISTRSHT?jON• Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 (who shall deliver a copy to Carol Line) Kara Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 CONNIE R STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 02-4568 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this LA??day of February, 2004, upon consideration of counsePs request, the hearing on the Petition for Exclusive Possession of the Marital Home, currently scheduled for Friday, February 13, 2004, at 3:00pm, is hereby continued generally. A new hearing date will be set at the written request of either parry. J. Kara W. Haggerty, Esquire ABOM & KUTULAKIS, L.L.P. 36 South Hanover Street Carlisle, PA 17013 Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 h hb;?il S?'r ,a b 0 :11 WV C 193J UR AdviGtiuHlOcd 3w, d0 3OLUCi-Olld CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION CHARLES B. STRAYER, II, PACSES NO. 800105853 Defendant DOCKET NO. 912 SUPPORT 2003 CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION CHARLES B. STRAYER, II, PACSES NO. 697105955 Defendant DOCKET NO. 02-4568 CIVIL INTERIM ORDER OF COURT AND NOW, this, 2nd day of March, 2004, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. In the case docketed to 912 Support 2003 the Defendant shall pay to the State Collection and Disbursement Unit as spousal support the sum of $228.00 per month. B. The interim order of alimony pendente lite entered on December 10, 2003 to 02-4568 Civil is vacated. All payments made by the Defendant on said order shall be credited to him as spousal support in 912 Support 2003. C. The Defendant is given a credit on arrearages of $480.17 for direct payments of expenses related to the marital residence since the filing of the complaint for spousal support. D. The effective date of this order is October 2, 2003 The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no Qcsl ? exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. Byt r Edward E. u o, J. Cc: Connie R. Strayer Charles B. Strayer II Kara W. Haggerty, Esquire For the Plaintiff Kenneth F. Lewis, Esquire For the Defendant DRO CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER II, Defendant CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 800105853 DOCKET NO. 912 SUPPORT 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 697105955 DOCKET NO. 02-4568 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on March 1, 2004 the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Connie R. Strayer, who resides at 72 McCallister Church Road, Carlisle, Pennsylvania. 2. The Defendant is Charles B. Strayer II, who resides at 28 Circle Drive, Carlisle, Pennsylvania. 3. The parties are husband and wife having on September 6, 1986. 4. On October 2, 2003 the Plaintiff filed a complaint for spousal support and child support to 912 Support 2003.' 5. On November 6, 2003 the Plaintiff filed a claim for alimony pendente lite to the divorce action docketed to 02-4568 Civil. 6. The parties are the parents of two minor children, Cody L. Strayer, born August 6, 1987, and Chelsy L. Strayer, born February 6, 1989. 7. The parties' son is residing in a juvenile group home. i Only spousal support is at issue in this matter. EXHIBIT "A" OE011 1 8. The Defendant is under order to pay the sum of $100.00 per month for the support of his son while in placement to 151 Support 2002. 9. The parties' daughter resides with the Plaintiffs sister. 10. The Defendant voluntarily pays $100.00 per week to the Plaintiffs sister for support of his daughter. 11. The parties separated in April, 2003 when the Defendant moved from the marital residence following the filing of a complaint by the Plaintiff under the Protection from Abuse Act. 12. No hearing on the merits was held on said PFA complaint, but the Defendant voluntarily agreed not to return to the marital residence. 13. The Plaintiff is employed by Tractor Supply Company where she earns $8.50 per hour and works 32 to 40 hours per week. 14. The Plaintiff resides in the marital residence. 15. The Defendant has paid expenses relating to the marital residence since the filing of the complaint for support totaling $480.17. 16. The Plaintiff will file her federal income tax return for 2003 as married/separate. 17. The Defendant was employed by the Borough of Carlisle until he voluntarily left that employment approximately six years ago. 18. The Defendant left his job in order to construct the martial residence. 19. The Defendant was earning $28,000.00 per year when he left his employment. 20. The Defendant has not attempted to obtain gainful employment since leaving his position with the Borough. 21. Prior to working with the Borough the Defendant was a self-employed plumber. 22. The Defendant is now 55 years of age. 23. The Defendant inherited approximately $200,000.00 primarily in the form of stock from his grandparents during the marriage. 24. The Defendant periodically sells shares of stock on a regular basis. 2 25. In 2002 the Defendant had dividend income of approximately $3,186.00. 26. In 2002 the Defendant had income from capital gains from the sale of stock of $11,390.00. 27. The Defendant resides with his mother. 28. The Defendant will file his 2003 federal tax return as married/separate. DISCUSSION A dependent spouse is entitled to support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d. 155 (Pa. Super. 1993). The party seeking to nullify the duty to pay spousal support bears the burden of proving conduct on the claimant's part by clear and convincing evidence. Hoffman v. Hoffman, 762 A.2d. 766 (Pa. Super. 2000). The Defendant has failed to establish conduct on his wife's part by clear and convincing evidence that would constitute grounds for a fault divorce and nullify his obligation to pay spousal support. The Plaintiff earns $8.50 per hour and works an average of 36 hours per week. Her gross monthly income averages $1,326.00. Filing her federal income tax return as married/separate, she has net monthly income of $1,100.00.2 The Defendant's income is more complex. He has not been gainfully employed for several years and has made no effort to obtain employment although he is only 55 years of age. A party who wilfully fails to obtain appropriate employment will be considered to have an income equal to his or her earning capacity.3 A party's earning capacity is that amount which he or she can realistically earn under the circumstances considering his or her age, health, physical and mental condition and training. Riley v. Foley, 783 A.2d. 807 (Pa. Super. 2001). The Defendant argues that he no longer has an earning capacity equal to his prior income from the Borough of Carlisle. He is now 55 years old and has been out of the workforce for several years prior to the separation with the concurrence of the Plaintiff. He argues that he should not be assessed an earning capacity in excess of $10.00 per hour. An earning capacity from employment of $400.00 per week, or $1,733.00 per month, will be imputed to the Defendant. In addition to this earning capacity, however, is added the Defendant's actual earnings from dividends and capital gains, which together total $14,576.00 per year, or $1,215.00 per month. His gross monthly income/earning capacity, therefore, is $2,948.00. Filing his federal z See Exhibit "A" for the deductions from gross income. 3 Pa. R.C.P. 1910.16-2(d)(4). income tax return as married/separate would result in net monthly income of $2,392.00.4 The formula for calculation of a spousal support obligation is set forth in Pa. R.C.P. 1910.16-4(a). Subtracted from the Defendant's net monthly income are the net monthly income of the Plaintiff and the child support obligation for the parties' children. The Defendant is obligated to pay $100.00 per month for his son in placement and is voluntarily paying $100.00 per week, or $433.00 per month, for his daughter to his sister-in-law with whom the child is residing. This calculation results in a difference of $759.00.5 This difference is then multiplied by 30% to arrive at the spousal support obligation of $228.00 per month. The Defendant argues that he is entitled to a deviation in the guideline amount because he has paid $2,000.00 towards a custody evaluation expense and because the Plaintiff resides in the marital residence without a mortgage. Neither reason justifies a deviation in this case. The Defendant's assets are more than sufficient to pay for the custody evaluation and he may raise the fair rental value of the marital residence in equitable distribution. Because orders for spousal support and alimony pendente lite cannot coexist simultaneously, the interim order for alimony pendente lite will be vacated and all payments made by the Defendant on that order will be credited to the Defendant as spousal support. The Defendant will also be given a credit of $480.17 for payment of expenses associated with the marital residence since the filing of the Plaintiff's complaint. RECOMMENDATION A. In the case docketed to 912 Support 2003 the Defendant shall pay to the State Collection and Disbursement Unit as spousal support the sum of $228.00 per month. B. The interim order of alimony pendente lite entered on December 10, 2003 to 02-4568 Civil is vacated. All payments made by the Defendant on said order shall be credited to him as spousal support in 912 Support 2003. C. The Defendant is given a credit on arrearages of $480.17 for direct payments of expenses related to the marital residence since the filing of the complaint for spousal support. a See Exhibit °A" for the deductions from gross income. Under the unusual circumstances of this case, neither party has been awarded the dependency exemption for either child. s $2,392.00 - $1,100.00 - $533.00 = $759.00. D. The effective date of this order is October 2, 2003. Date Michael R. Rundle Support Master C7 N u << ' r ? `T t TS° r C' ? '7 Rt •y ?? . u ' N C>?TJ ,, GO KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Defendant CONNIE R. STRAYER, Plaintiff/Respondent V. CHARLES B. STRAYER, II, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL DIVORCE PETITION REQUESTING A HEARING ON DEFENDANT'S PETITION FOR SPECIAL RELIEF REQUESTING SOLE POSSESSION OF MARITAL HOME AND NOW, this 27th day of April, 2004, comes the Defendant, by his attorney, Kenneth F. Lewis, and files this Request for a hearing, averring as follows: 1. On January 9, 2004, Defendant filed with your Honorable Court a Petition for Special Relief, requesting sole possession of the marital home. 2. On January 14, 2004, the Honorable Edward E. Guido entered a Rule upon Plaintiff to show cause why the relief requested should not be granted. On or about January 26, 2004, Plaintiff filed. a response. 3. By letter of February 1, 2004 to the Honorable Edward E. Guido, the parties requested time to try to resolve this issue without a hearing. 4. As the parties have been unable to resolve this matter, Defendant is requesting the Court to schedule a hearing. Respectfully submitted, - JIL44 z - KEN ET F. LEWIS, ESQUIRE At orn y for Petitioner/Defendant 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document upon attorney for Plaintiff by mailing same, postage prepaid at Harrisburg, PA, on the filing date, at the following address: Kara W. Haggarty, Esq. 36 South Hanover St. Carlisle, PA 17013 DATED: 1/9/04 KE ET F. LEWIS, ESQUIRE Attorney for Defendant c> o ? r ?; ?? ; ? =i m ?' _.. it i ?;"' ? a - ? C J' <w. D ? l ? y IV ? CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4568 CIVIL CHARLES B. STRAYER, II, Defendant CUSTODY ORDER OF COURT AND NOW, this day of -122 r 2004, upon consideration of Defendant's request for a hearing on his previously filed Petition for Special Relief Requesting Sole .?aiit is hereby Ordered that such hearing Possession of Marital Home, shall take place on the '7` v, day of 1 !i"/AL_ 2004, at 9:30 A .m., in Courtroom # DISTRIBUTION: ,Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 .Xara Haggarty, __aaEsq., 36 South Hanover St., Carlisle, PA 17013 I Arlo . d- >oa 06,1 EDWARD E. GUIDO, J. µ pti r\ ice. j} ?xl tid Eo :?, aaa ?` ??L ?n KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Defendant CONNIE R. STRAYER, Plaintiff/Respondent V. CHARLES B. STRAYER, II, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL DIVORCE PETITION REQUESTING A HEAR:CNG ON DEFENDANTS PETITION FOR SPECIAL RELIEF REQUESTING SOLE POSSESSION OF MikRITAL HOME AND NOW, this 27th day of April, 2004, comes the Defendant, by his attorney, Kenneth F. Lewis, and files this Request for a hearing, averring as follows: 1. On January 9, 2004, Defendant filed with your Honorable Court a Petition for Special Relief, requesting sole possession of the marital home. 2. On January 14, 2004, the Honorable Edward E. Guido entered a Rule upon Plaintiff to show cause why the relief requested should not be granted. On or about January 26, 2004, Plaintiff filed a response. 3. By letter of February 1, 2004 to 'the Honorable Edward E. Guido, the parties requested time to try to resolve this issue without a hearing. 4. As the parties have been unable to resolve this matter, Defendant is requesting the Court to schedule a hearing. Respectfully submitted, 4K EN ET F. LEWIS, ESQUIRE At orn y for Petitioner/Defendant 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document upon attorney for Plaintiff by mailing same, postage prepaid at Harrisburg, PA, on the filing date, at the following address: Kara W. Haggarty, Esq. 36 South Hanover St. Carlisle, PA 17013 DATED: 1/9/04 4ETKE F. L:EWIS, ESQUIRE Attorney for Defendant ? c? ? ? o -n v ? ? r n ? " T,, __ = ? i. r ? ?r ? l;Y AL N ?jC CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4568 CIVIL CHARLES B. STRAYER, II, Defendant/Petitioner DIVORCE AGREEMENT REGARDING DEFENDANTIS PETITION' FOR SPECIAL RELIEF RE VESTING SOLE POSSESSION OF MARITAL HOME And now, this 4th day of June, 2004, the parties, intending to be legally bound, agrees as follows: 1. The jointly-owned home located at 72 McAllister Church Road, Carlisle, PA 17013 shall be immediately placed for sale. 2. Mr. Strayer shall be permitted to choose a real estate agent. 3. Unless otherwise agreed upon by the parties, the sales price shall be the fair market value of the property as determined by the real estate agent. 4. Ms. Strayer shall cooperate fully regarding the sale of the home, including the responsibility for cleaning and repairs. Nothing in this paragraph shall obligate Ms. Strayer to be financially responsible for repairs. Any monies spent by either party for repairs shall be addressed in the equitable distribution portion of the above case. 5. Should a Court determine that Ms. Strayer has not fully cooperated with the sale of the home, the Court shall grant sole possession of the above property to Mr. Strayer so the sale may be effectuated. 6. All proceeds from the sale of the home shall be placed in escrow pending equitable distribution by the Divorce Master (or judge, in the event of an appeal) or by agreement of the parties. 7. Mr. Strayer, upon giving Ms., Strayer at least 72 hours, shall come to the above property to begin removing his belongings. While this property retrieval may take several days, Mr. Strayer shall be as expeditious as possible. He shall make all reasonable efforts to remove his property in one day. Should he be unable to accomplish this, he shall advise Ms. Strayer that he needs to return the following morning(s) and continue with such removal. The times for Mr. Strayer's removal of property shall be 9:00 a.m. through 7:30 p.m. Ms. Strayer shall vacate the premises for the times necessary for such removal, but may return at 8:00 p.m. in the evening(s), should she so choose. 8. All marital property shall remain subject to equitable distribution whether taken by Mr„ Strayer or left with Ms. Strayer in the home. ?? YE(? R Ii?c CONNIE R. STRAY K1JNNB't'H F. LEWIS, ESQUIRE l i01 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Defendant ?, k w. KARA HAGGART gSQUIU ABOM & KUTULA }}? 36 South Hanover St. Carlisle, PA 17013 Attorney for Plaintiff an e ?iagra l ?? e if?i C? l ? ? ? P // / ?' 07, 1`1`4 /yli, S7?'uye? Re?a?ye?7?s`/ e Ib e 07? ring i?U/1 aid/?/e/l a?? !lerm.< displh co P /? ?bP 7 ?cly I le ArJ1M'ibr/?Jer? ?L X/ 61 CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4568 CIVIL CHARLES B. STRAYER, II, Defendant CUSTODY ORDER OF COURT AND NOW, this 4th day of June, 2004, upon agreement of the parties, the attached Agreement is hereby made an order of Court. BY THE T THE HONORABLE EDWARD GUIDO DISTRIBUTION: Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 Kara Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 46 yq47? r ?'?' ? f r i„r' k "'.\?? 11111Uu ?? ?.r?? ??? ???• :r? b?? ?" ?i ?a0 a ;,?? , ? s3??_1 CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND. COUNTY, PA : NO. 02-4568 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AGREEMENT TO BIFURCATE DIVORCE AND NOW, come the parties, Connie R. Strayer, by and through her attorney, Kara W. Haggerty, Esquire, and Charles B. Strayer, II, by and through his attorney, Kenneth F. Lewis, Esquire, and enter this Agreement to Bifurcate Divorce as follows: 1. A Complaint in Divorce was filed on September 23, 2002. 2. A Motion for Appointment of Divorce Master was filed November 20, 2004. 3. The parties agree that a Divorce Master has jurisdiction and will ultimately determine the equitable distribution of marital property. 4. The parties agree to bifurcate the divorce proceedings from the equitable distribution of marital property. 5. The parties intend for this Agreement to be made an Order of Court. CA//17- CONNIE ItsZAYER CHARLES B. BAYER, II KARA W. HAG TY, ES UIRE KE NETH F. EWIS, ESQUIRE r-•.? (" ) ?? ^? i C.:'?? S' + •--'? ? ? ^ '?? .'ll „ "T9 ? ? ?. 'N; ? e ` 1 . ' .. f `_ l .. C:'..? CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, after the entry of a Final Decree in Divorce dated December 29, 2004, hereby elects to resume the prior surname of Connie Rae Blain, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. "? Date: Signature L ? ' ,61? Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On the _ZLI-Itday of l' , 2005, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained In Witness Whereof, I have hereunto set my hand and official seal. Public Notarial Seal Rhonda D. Rudy, Notary Public Carlisle Born, Cumberland County My Commission Expires Aug. 12, 2006 Member. Penns,4" ie Association of Notaries CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER FOR APPOINTMENT OF MASTER AND NOW,; this 14'! day of c kk-) 2003, upon consideration of the within Motion of Jason P. Kutulakis, Esquire, Attorney for the Plaintiff, it is hereby ORDERED that C Esquire, is appointed Master with respect to the following claims: [ x ] Divorce [ x] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendent Lite [ ] Costs and Expenses BY THE COURT, C ? J. NINIVt;1ASNN3d „"-, „lf Mno CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO, 02-4568 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER CONNIE R. STRAYER, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x] Divorce [ x] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendent Lite [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorneys, Kara W. Haggerty, Esquire, and Jason P. Kutulakis, Esquire. 3. The Defendant has appeared in the action by his attorney, Kenneth Lewis, Esquire. 4. The statutory grounds for the divorce are: Irretrievable breakdown, no-fault divorce. 5. Delete the inapplicable paragraphs: a. The action is contested with respect to the following claims: Distribution of marital property. 6. The action does not involve complex issues of law or fact. The hearing is expected to take one half day. 8. Additional information, if any, relevant to the motions: None. Respectfully submitted, DATE a /,'0 1615 ABom & KUTULA%IS, L.L.P. Jason Kutulakis ID No. 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff W CERTIFICATE OF SERVICE AND NOW, this 2q ?ay of September, 2003, I, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKis, LL.P, hereby certify that I did serve a true and correct copy of the foregoing Motion for Appointment of Master, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Kenneth Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 Attorney for Defendant DATE o g (a-q ? Respectfully submitted, ABom & Kururaros, L.L.P. Jason IP. Kutulakis ID No. 80411 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff cf b7 n r_ ii JUL U U 2003 I- CONNIE L. STRAYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CHARLES B. STRAYER, II, : NO.02 - 4568 CIVIL Defendant : IN CUSTODY COURT ORDER AND NOW, this /Y- day of 2003, upon consideration of the attached Custody Conciliation Report it i, ordered and directed as follows: 1. The Mother, Connie R. Strayer, and the Father, Charles B. Strayer, II, shall enjoy shared legal custody of Cody R. Strayer, born August 6, 1987; and Chelsy Strayer, born February 6, 1989. 2. Mother shall enjoy primary physical custody of the minor children. 3. Father shall enjoy periods of temporary physical custody with the minor children at such times as agreed upon by the parties. 4. In the event either party desires to modify this order, that party may petition the court to have the case again scheduled with the conciliator for a custody conciliation conference. BY THE COURT, cc: Ronald E. Johnson, Esquire Kara Haggerty, Esquire Aµ , f` 0-3 CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL ACTION - LAW IN DIVORCE INVENTORY OF PLAINTIFF Plaintiff, Connie R Strayer, files the following inventory of all property owned or possessed by either parry at the time this action was commenced and all property transferred within the preceding three years. I, Connie R. Strayer, Plaintiff, verify that the statements made in this inventory are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa CS § 4904, relating to unsworn falsification to authorities. oe? '/ h A&5 CONNIE R. STRA R ASSETS OF THE PARTIES (Plaintiff) (Defendant) marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. N 1. Real Property N 2. Motor vehicles ( 3. Stocks, bonds, securities and options O 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( 7. Contents of safe deposit boxes ( 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value, and current beneficiaries) () 10. Annuities O 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, worker's compen sation claim/award O 17. Profit sharing plans O 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments ( 21. Litigation claims (matured and unmatured) ( 22. Military/VA. benefits O 23. Education benefits ( 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and atta ch itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY (Plaintiff (Defendant) lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS NUMBER 1 6.2 Acres & Home located at: Connie & Charles Strayer 72 McAllister Church Road Carlisle, PA 2 1999 Dodge Ram 1500 Connie Strayer 2 1989 Cutlass Sierra Charles Strayer 2 Chevy Truck Charles Strayer 2 VW Camper Van Charles Strayer 5 Members 1st Checking Account Connie Strayer 6 Members 1" Savings Account Connie Strayer 9 Life Insurance Policies Charles and Connie Strayer 19 Carlisle Boro Retirement Plan Charles Strayer 25 20 Gauge Pump Shotgun Connie Strayer 25 Grate Dane Lawnmower Charles Strayer 25 1968 Horse Trailer Charles Strayer 25 Horse Trailer Charles Strayer 25 Lawnboy Tractor Charles Strayer 25 Case Tractor Charles Strayer 25 Tools Charles Strayer 25 Color Television Connie & Charles Strayer NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM DESCRIPTION OF PROPERTY NUMBER 2 1978 Step Van 25 35 REM Pump Rifle 25 222 REM Rifle 25 50 Caliber Mussel Loader 25 Guns (Charles) 25 Stereo CD Player 25 13" Color TV 25 243 Rifle 25 Gateway Computer 25 Birthstone Ring 25 19 year old Quarter Horse REASON FOR EXCLUSION Pre-Marital Property Pre-Marital Property Inherited from father Gift from Defendant Pre-Marital Property Gift from Defendant Gift from Defendant Gift to son from Defendant Birthday gift to son Gift from Defendant Gift to Chelsy from Plaintiff PROPERTY TRANSFERRED ITEM DESCRIPTION OF NUMBER PROPERTY 1 Property (23 Back St) 2 '97 Cheep Cherokee 2 (2) VW Vans DATE OF CONSIDERATION TRANSFER PERSON TO WHOM TRANSFERRED Mr. Blosser Tim Halverson Salvage Yard n ?-: ?) C. ?,? :? ? ? ? CT,} L o .?! ?? CO,S ?L: _ _ ' ? ? b? L_ ^S r; .. _a to =: CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S INCOME AND EXPENSE STATEMENT I, CONNIE R. STRAYER, verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date % - 3G ° 3 t? CONNIE R. STRAYS INCOME: Employer: Tractor Supply Company Address: 10 Noble Blvd. Carlisle, PA 17013 Type of Work: Labor Key Carrier Payroll Number: 119907 Pay Period: Biweekly Gross Pay per Pay Period: $647.43 Itemized Payroll Deductions: Federal Withholding -$34.52 Social Security -$42.30 Local Wage Tax -$5.53 State Income Tax -$15.48 Retirement Savings Bonds Credit Union Life Insurance Health Insurance -$94.50 Other (specify) Carlisle WH, Carlsile SD -$6.08 Net Pay per Pay Period: $449.02 OTHER INCOME: Weekly Monthly Yearly Interest Dividends Pension Annuitly Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Worker's Compensation Other: Support Jeep Total $250.00 $0.00 $250.00 $0.00 EXPENSES: Weekly Monthly Yearly Home: Mortgage/Rent Maintenance Utilities: Electric Gas Oil Telephone Water Sewer Employment: Public Transportation Lunch Taxes: Real Estate Personal Property Income Insurance: Homeowners Automobile Life Accident Health Other Automobile: Payments Fuel Repairs Medical: Doctor: Dentisti Orthodontist Hospital Medicine Special Needs: Eye glasses Braces Orthopedic Devices Education: Private School Parochial School College $ 80.00 $ 64.46 $ 33.04 $ 29.79 $ 25.00 $ 92.22 $ 182.00 $ 321.00 $ 125.00 Religious Personal: Clothing $ 1,000.00 Food $ 100.00 $ 400.00 Barber/Hairdresser $ 80.00 Credit Payments Credit Card Charge Account Memberships Loans: Credit Union (truck) Other: Line of credit $ 50.00 Miscellaneous: Household Help Child Care $ 10.00 Subscriptions Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Child Support Payments Other: cell phone $29.99 Animal food $40.00 stall boarding $69.00 Lunch money $10.00 TOTAL EXPENSES: $204.00 $1,457.50 $1,080.00 PROPERTY OWNED: Description Value H Checking Accounts Members 1st $250.00 Savings Accounts Members 1st $0.00 Credit Union Stocks/Bonds RealEstate House/Land $150,000.00 Other W J x x x TOTAL $150,250.00 INSURANCE: Company Hospital Blue Cross Other UMR Medical Blue Shield UMR Other Health/Accident Disability Income Dental UMR Other No. H W C x x x * H = Husband; W = Wife; J = Joint; C = Child 1 , ??? 1 C? . C. Yl 'U tt' ? C? : ? r? u; c r. ' t y ? "_ . ? oc? ! 8 2003 CONNIE L. STRAYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW CHARLES B. STRAYER, II, NO. 2002 - 4568 CIVIL Defendant IN CUSTODY COURT ORDER AND NOW, this r day of October, 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The parties shall submit themselves and the minor children to a custody evaluation to be performed by an evaluator as agreed upon by legal counsel for the parties. In the event legal counsel cannot agree upon an evaluator, they can contact the conciliator to resolve that issue. Cost of the evaluation shall be paid for by the Father. The evaluation shall be an independent evaluation with the evaluator sharing the results of the evaluation with both parties and their attorneys. Mother shall cooperate in the evaluation and ensure that the minor children are available to be involved in the evaluation pursuant to the directives of the evaluator. Upon the conclusion of the evaluation and in the event the parties cannot reach an agreement at that time, legal counsel for the parties may contact the conciliator for a telephone conference to determine whether the matter needs to be referred to the court for a hearing. 2. Pending further order of this court, this court's prior order of July 14, 2003 shall remain in effect. BY THE COURT, 1- ? A.. J. A. Hess cc: ? enneth F. Lewis, Esquire ason P. Kutulakis, Esquire RKs 10-/0-Cs ,, ??1? '?` 71f`,(7 ?„. ,`?w, . ?' .<• -?.,- CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4568 CIVIL CHARLES B. STRAYER, II, Defendant CUSTODY ORDER OF COURT AND NOW, this day of December, 2003, upon consideration of Defendant's Emergency Petition for Modification of Custody Order, it is hereby ORDERED that: 1. Carol Line shall have primary physical custody of Chelsy Strayer. 2. The parties and Carol Line shall share legal custody of Chelsy Strayer. s OA4 ?f PFle?3-?Y; she s erti -00-1 - ? 't+ n ctata ..+ c,..••,•• a se psyc o o at ion is not necessary. Ms. Strayer shall imme La ely t a copy of this Petition. 4. The parties are to be afforded periods of visitation as agreed by the parties and Carol Line. Any schoolnight visits shall end by 7:00 p.m. tj &r- 5. N ier party shall consume any alcoholic beverages, smoke tobacco, nor take any illegal substances during any periods of physical cuusttod?h Chelsy. 6. Mcr shall follow through with any counseling recommendations made by Dr. Shienvold (the custody evaluator) and/or any other treating professional. 7. This Order shall supersede all other Court Orders in this case and shall remain in effect until further order of Court. VLP ,,,,.,,, w- ?- BY THE ZOURT: By: DISTRIBUTION: Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 (who shall deliver a copy to Carol Line) Kara Haggarty, Esq., 36 South Hanover St., Carlisle, PA J. 17013 / __ ??. TJ ;,°''?lE ? 1 iL 1.7 .._. 1W CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL CUSTODY ORDER OF COURT AND NOW, this aLO4 day of January, 2004, it is hereby ORDERED that: 1. The hearing scheduled for January 26, 2003 in this matter shall be continued to the l?T day of 2004 at V00 o'clock e .m. 2. The December 22, 2003 Order of Court shall remain in effect in all other respects. BY E CO By: EDWARD E. GUIDO, J. DISTRIBUTION: Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 (who shall deliver a copy to Carol Line) Kara Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 V oa ?.o 0 {J+ 17, . 3 t In 7 CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL CUSTODY ORDER OF COURT AND NOW, this 0 day of February, 2004, it is hereby ORDERED that: 1. The hearing scheduled for February 19, 2004 in this matter is canceled. 2. The parties shall continue to abide by the custody provisions contained in this court's December 22, 2003 Order. 3. Either party may request modification of the December 22, 2003 Order by appropriate Petition. BY By: DISTRIBUTION: Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 (who shall deliver a copy to Carol Line) Kara Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 ?,,; ,.._ _ , ...?_i 7Go .., _. CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL CUSTODY ORDER OF COURT AND NOW, this 4th day of June, 2004, upon agreement of the parties, the attached Agreement is hereby made an Order of Court. BY THE T: THE HONORABLE EDWARD GUIDO DISTRIBUTION: Kenneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 Kara Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 Ln/w/Dy Cor"JI?S l7E2Lc,. ?ly gi'JS..a) r/7-?r 1_ _,,, 1 t ? .?_. ?., ??- , ,, / CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER CONNIE R. STRAYER, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ x ] Alimony [ x ] Counsel Fees [ ] Alimony Pendent Lite [ ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Ken Lewis, Esquire. 3. The statutory ground(s) for the divorce is: 3301(c) 4. The action is contested with respect to the following claims: distribution of property, counsel fees and alimony 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant o the motions:: DATE 3t? [f7am t . (l Kara W. Haggerty Attorne for Plainti t AND NOW, V"l 2004, ? ?? ?l G ?C i , Esquire, is appointed Master with respect to the following claims: __zz,, L.. a BY THE CO T P J. t? ?? ?: , , ?_ ?_ I?- ?i? 1 ? w ?.. - ;::f t__ _, c:5 r ?., -,, - - _? < ._. ' ??? ?, ,??_, ?-, _ r ::. ;? , `, < , ;.:. ?• ;' vy i i.t'? CONNIE R. STRAYER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. N0. 02 - 4568 CIVIL CHARLES B. STRAYER, II,: Defendant IN DIVORCE TO: Kara W. Haggerty , Attorney for Plaintiff Kenneth F. Lewis , Attorney for Defendant DATE: Friday, December 3, 2004 CERTIFICATION [ ] I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is riot complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 7ky;e5 Ad of?d/?oh eflffe ?1lYei 1n"fe??oa /I&)r /A?.S is G( /SO ?9.n7? re") Q F Pfen %/ 3D %a ??ldGli?A7S ?Ur/rdlrl S???rI n'y ??'rle'e"-? Ir1'7Q1i1?q ? iX?s<^4cJPr?; (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. /1 S?G?/ ????,?l? cal 6y Ile 174& ? Jr,, i zaa? /z?Iso? 'DATE . ?W COUNSEL OR PLAINTIFF ( } COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v. NO. 02-4568 CHARLES B. STRAYER, II, CIVIL ACTION - LAW Defendant: IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under $3301(c) of the Divorce Code was filed on September 23, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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, §4904 relating to unsworn falsification to authorities. Date: /,2-/3-051 Cis IfjjAtfy--- CONNIE R. STRAYER (7 n, ?? r, l °, Co U. CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 unsworn falsification to authorities. Date: CONNIE STRA ER i") ? ? ` 'P ? .;: ?: U:. -i _?. CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL CUSTODY ORDER OF COURT AND NOW, consideration of th, is hereby ORDERED documents to obtain jurisdiction of all this day of December, 2004, upon >_ parties' Agreement to Bifurcate Divorce, it that the parties may file the applicable a Decree in Divorce and the Court will retain filed economic claims. J. RIBUTION: YS! nneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 ;,Aara Haggarty, Esq., 36 South Hanover St., Carlisle, PA 17013 J ?a 0 .a CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AGREEMENT TO BIFURCATE DIVORCE AND NOW, come the parties, Connie R. Strayer, by and through her attorney, Kara W. Haggerty, Esquire, and Charles B. Strayer, II, by and through his attorney, Kenneth F. Lewis, Esquire, and enter this Agreement to Bifurcate Divorce as follows: 1. A Complaint in Divorce was filed on September 23, 2002. 2. A Motion for Appointment of Divorce Master was filed November 20, 2004. The parties agree that a Divorce Master has jurisdiction and will ultimately determine the equitable distribution of marital property. 4. The parties agree to bifurcate the divorce proceedings from the equitable distribution of marital property. 5. The parties intend for this Agreement to be made an Order of Court. ? I Z-1 I 1 CONNIE R. S YER CHARLES B. , RAPER, II KARA W. HAG TY, ES UIRE "'4'11 A) 9 ,'1 KE NETH F. EWIS, ESQUIRE ? t ? _? A ? 1. ? '... i .? ??:1 ?. CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL 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 section (X) 3301(c) O 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail, signed by the defendant on 9/25/02. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code and Waiver of Notice of Intention to Request Entry of a Divorce Decree: by the Plaintiff: 12/13/04 (signed and filed); by the Defendant: signed 12/13/04; filed concurrently with this Praecipe. 4. Related claims pending: The parties entered into an agreement bifurcating the divorce The order granting bifurcation was entered 12120/04. Equitable distribution alimony and counsel fees claims remain. DATED: 12/21/04 Pif') /l tiu•?'r/ KENNETH F. LEWIS, ESQUIRE Attorney I.D. ,#69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Defendant CONNIE R. STRAYER, Plaintiff ARAapQPA v. CHARLES B. STRAYER, II, Defendantfeetitioive IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4568 CIVIL DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301 (c) of the Divorce Code on September 23, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice to intention to request entry of the decree. 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. i? Dated: 12/13/04 CHARLES-B.. STAYER, II CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS OF PlaintiffARaa*aP*s@%-t CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4568 CIVIL CHARLES B. STRAYER, II, Defendantar DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to 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 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. 4. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 12/13/04 CHARLES B. STRAYER', II CONNIE R. STRAYER, Plaintiff VS. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: NO: 02-4568 CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I, Kara W. Haggerty, Esquire, hereby certify that I served a true and correct copy of the Complaint Under Section 3301(c) of the Divorce Code, upon the Defendant, receipt of which is acknowledged on the attached receipt card on September 25, 2002. Respectfully submitted, ABOM & KUTULAKIS Date: September 25, 2002 I Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired., I Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: lftlt"?/S C?? 1`2 /70/ 3 l 16 Kara W. Haeeertv_ Esquire 4 ? Agent 6. elved by (Printed N e) to of gelivery D. Is delivery address different om item 19 D Yes If YES, enter delivery address below: ? No 3. Service Type )5*tertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise D Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) _ _r2oes Article Number a (transfer from service lab1? 9g 3000 0-0? ISO/ ?77?' S Form 3811, August 2001 Domestic Return Receipt 102555-02-M-0835 G? v ,t .a I 4._> 1-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LONiUI, ?, SIX17 Y&& VERSUS ,?WIE5 Is VA M4-1 No. DZ-?S68 DECREE IN DIVORCE aT14:3/i0'.+t . AND NOW, Y? IT IS ORDERED AND DECREED THAT Co1VN16- ki '- /T / PLAINTIFF, AND ??h??E5 fJ S7M yE? DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; S. 4S PROTHONOTARY GL, Ste- S O ? l _?? ?? .. Alom & u ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 CONNIE R STRAYER, n/k/a CONNIE R. LUCAS, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AND NOW, comes Petitioner, Kara W. Haggerty, Esquire of Abom & Kutulakis, L.L.P. who respectfully requests this Honorable Court grant this Motion to Withdraw as Counsel for the above-named Plaintiff and, in support thereof, respectfully avers the following: 1. The Plaintiff is Connie R. Strayer, now known as Connie R Lucas, who is represented in this matter by Kara W. Haggerty, Esquire. 2. The Defendant is Charles B. Strayer, II who is represented in this matter by Kenneth Lewis, Esquire. 3. Undersigned counsel has represented Plaintiff, Connie R. Lucas since 2002 in a divorce matter. 4. There has been an Order for Bifurcation in the divorce matter but undersigned counsel is still attempting to resolve the outstanding economic issues between the parties. 5. Plaintiff has accrued a bill for services in the amount of $11,308.28 of which $3,356.49 represents interest which has been accruing. (Attached hereto as Exhibit "A" is a copy of the latest billing statement.) 6. Undersigned counsel has made repeated requests to Plaintiff for payment of this outstanding debt but has not received payment. (Attached hereto as Exhibit "B" is a copy of recent correspondence.) 7. Plaintiff's last payment was in August 2007 for $100.00. 8. Undersigned counsel has contacted Kenneth Lewis, Esquire who does not oppose this Motion. WHEREFORE, undersigned counsel respectfully requests this Honorable Court grant her request to withdraw as counsel in this matter. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: C' C Uk &a/ Kara W. Haggerty, F,s 36 South Hanover S Carlisle, PA 17013 (717) 249-0900 ID #86914 V CERTIFICATE OF SERVICE AND NOW, this ? day of October, 2008, I, Kara W. Haggerty, quire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Motion to Withdraw as Counsel by First Class U.S. Mail addressed to the following: Kenneth Lewis, Esquire 1101 Front Street Harrisburg, PA 17102 Kara W. Haggerty, 3 - I C c -A w vr ? fa'J r CD OCT 10 2008 CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 02-4568 CIVIL TERM CHARLES B. STRAYER, II, CIVIL ACTION -LAW Defendant IN DIVORCE AND NOW, this &A'day of October, 2008, upon Motion of Kara W. Haggerty, Esquire, a Rule is hereby issued upon the parties to show cause why the Petitioner should not be permitted to withdraw as counsel for Connie R Strayer. Rule returnable days after the date of service of this Order. Service to be by certified mail upon Connie R. Strayer and by first class mail upon Kenneth Lewis, 0'44 vod 'q V+_ Esquire, attorney for Pf. J? Distribution: Kara W. Haggerty, Esquire Kenneth Lewis, Esquire c l"' 0 U; C? di1vAMIUNINOd Z £ :8 WV S 1 130 $OOZ AW! AO'' -I Oid BHL d0 CONNIE R. STRAYER, Plaintiff V. CHARLES B. STRAYER, II, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 02-4568 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT: AND NOW, this Kday of November, 2008, comes Petitioner, Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., who respectfully avers the following: 1. On October 9, 2008 Petitioner filed a Motion to Withdraw as Counsel in the above- captioned matter. 2. On October 9, 2008 a copy of the Motion to Withdraw as Counsel was sent via certified mail to Plaintiff, Connie R. Strayer, now known as Connie R. Lucas. Said correspondence was returned as unclaimed. 3. A Rule to Show Cause was issued on October 14, 2008 upon the parties to show cause why the Petitioner should not be permitted to withdraw as counsel for Plaintiff, Connie R. Strayer. Said Rule was returnable 20 days after service of the Order. 4. On October 17, 2008 a copy of the Rule to Show Cause was sent to Plaintiff, Connie R. Strayer, by certified and regular mail. 5. On October 17, 2008 a copy of the Rule to Show Cause was sent to Defendant's Counsel, Kenneth Lewis, Esquire, by regular first class mail. 6. Plaintiff, Connie R. Strayer, has not signed for her certified mail from October 17, 2008. 7. More than twenty days have elapsed and neither Plaintiff or Counsel for Defendant have filed a response to the Rule to Show Cause. WHEREFORE, undersigned counsel respectfully requests this Honorable Court grant her request to withdraw as counsel in this matter. Respectfully submitted, Date 1 1'9? ABOM & KUT ULAKV? L.L.P. . L? Kara W. Haggerty, I q 36 South Hanover S Carlisle, PA 17013 (717) 249-0900 Attorney I.D. No. 86914 I CERTIFICATE OF SERVICE AND NOW, this 6ay of November 2008, I, Kara W. Haggerty, Esquire, of A.bom & Kutulakis, LLP., hereby certify that I did serve a true and correct copy of the foregoing Motion to Make Rule Absolute by First Class U.S. Mail addressed to the following: Connie Lucas 218 East Front Street Marietta, PA 17547 Kenneth Lewis, Esquire 1101 Front Street Harrisburg, PA 17102 Respectfully submitted, ABOM & KUTULAKis; L.L.P. Kara W. Haggerty, s e Supreme Court ID 691 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 n c:? -rz 'L -r jy l,..i L.r+ yr[ r, -1 ' NOV 2 1 ?.008( CONNIE R. STRAYER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 02-4568 CIVIL TERM CHARLES B. STRAYER, II, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, thisd ( day of November, 2008, upon consideration of the within Motion to Make Rule Absolute, said Motion is hereby GRANTED, Kara W. Haggerty, Esquire and Abom & Kutulakis, L.L.P. are hereby granted leave to Withdraw as Counsel for the above-named Plaintiff, Connie R. Strayer. Edward E. Guido, J. Distribution: Kara W. Haggerty, Esquire / Kenneth Lewis, Esquire J ?? ?? ?a? ??? ???? ???Z ..,yl. ?u ?? ?1.. _. ?.