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Complaint, although, for allrcalistic purposcs, thc partics continuc to livc scpal'lltc and apart
within thc samC rcsidcncc sincc that timc.
6. Sincc January 1998, Pctitioncr has bccn the primary carcgivcr for thc pal1ies' minor
children, named abovc,
7. Since January 1998, Rcspondent has contributcd little to cithcr thc financial 01'
emotional wcll-bcing of cithcr of thc above named childrcn.
8. Thc parties' residcnce atlO Wayne Avenuc in New Cumberland Borough, is presently
listed for sale with a rcaltor and has bccn the subject ofthrcatcncd foreclosurc action for somc
time. Only thc recent bankruptcy filed by Respondcnt has put thc forcclosure action on hold,
9. It is the desirc of the Pctitioner at the conclusion of the current school ycar, and for the
best interests of all parties involved, to move to the rcsidencc of his mother (thc children's patcrnal
gl'llndmothcr), RUTH COOK, who resides at 133 Race Street, Sunbury, Northumberland County,
Pcnnsylvania, with the children.
10. Petitioner believes, and therefore avers, that such a move would bc in thc children's
bcst interest in that:
A) Rcmoval ofthc childrcn from the current home situation will greatly improve
their stability;
B) Petitioncr moving from the marital home will result in the avoidancc of any
furthcr conflict, rcal or perceivcd, bctwccn Petitioncr and Rcspondent;
C) Petitioner is and has been the primmy carcgivcr of the childrcn since January
1998;
0) Petitioner is without rcsolll'ccs to rclocatc to arcsidencc of his own in the local
area with thc childrcn at thc prcsent timc;
E) Both childrcn havc, at diffcrcnt timcs, rcqucstcd that Petitioncr allow them to
move to thcir grandmothcr's home in Sunbury.
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deeded owners of the pl'Opcrty is incorporalcd hercin. made a pari hereof and attached as I':xhibil
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7, On prior occasions and on January 12. 199X. Ilushand has subjceled Wifc 10 IlllmerOUS
acts of mental cruelty.
8. On or ahout January 12. 199X, Ilusband, whilc yclling at Wile, ordercd Wile to lea\\'
the marital dwelling,
9, The Husband told Wile that if she rl'lurns to the marital dwelling, he willrcmovc the
children to Sunbury. Pennsylvania and. willno( permit her to see the children.
10. Wife is thc innocent and iniurcd spouse and has, by virtne of being a deeded owner
of the marital dwelling. a right 10 occupy that dwelling.
II, Since Ilusband has been verbally abusive and threatening to Wife, it is requesled that
Husband. who is of signi Iieant Iinancialmeans. be ordered to vaeute the marital dwelling and
permit Wile to return.
12, Wile bclieves, and therefore avers, that Husband will continually engage in menIally
abusive conduct which is harmful to Wife and detrimental to the children.
13. Wire also fears that Husband will engage in l:ontinued emotional abuse and physkal
abuse if she returns to the Illlll'italresidence, in addition to having the children be hiddenlhlln
Wife.
14. Wife has been told by one of her children that Husband intends to move rl'Om the
marital dwelling on January 20, 1998,
WHEREFORE, Wire respeetfully requests that this IlonOl'uble ('ourl un leI' un Ordur
awarding exclusive occupancy of the l11uritul residence to Wire and denying Ilusbllnd llcecss (n
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IN WITNESS WHERIOF, the said GranLor has herounto SOt his hand
alid soal the day, and year nrst <,bovo written,
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COI.It.ION\1~~^L'l'lI OF PWNSYl.V^NIA I
COUWl'y Or' ~-'/n"~"'I.~,,,cC
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On thls, the ~{, day of .~4A~'<__ ,1995, before me a Notary
Public, the undersigned officer I personally appeared /<INrTHEW E.
HOLMES, Exeoutor of the Last Will and Testament of /<I, JOANNE HOLMES,
known to me or sat.lsfactorlly proven to be thepOr!:wn whose name is
subscribed to the within instrument, and aoknowledged that he executed
the same for the purposes therein bont,ined.
IN IH'l'NESS \VHERgOl', 1 have horALo 90t my hand ilnd notarial. soal..
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CI>;JH"iJCATl~ OF SEHVJq~
I. MICHAEL D, RIiNTSCIII.ER. ESt)! I/R/:, do hereby certily lhat olllhis dale I sel'ved a
copy of the /ill'egoing dOCUmenl by Regulul' Mail 10 the 1()lIowing:
DUl'id il. FlolVel'S
10 Wayne Avenlll'
New Cllmhel'iilnd. Pennsylvania 17070
Dale:
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MICIIAEL D, RENTSCHLER, ESQUJRE
AlIol'lwy 101' Plnintiff
'-~--------
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ANDREA M. FLOWERS,
Plaintiff
IN THE COUR'r OF' COM~lON PLEAS OF
CUMBERLAND COUN'I'Y, PENNSYLVANIA
v.
CIVIL ACTION - LAW
DAVID A. FLOWERS,
Defendant
NO. 98-0282 CIVIL TERM
IN REI PLAIN'rIFF'S ~lOTION FOR EXCLUSIVE OCCUPANCY
OF THE ~ffiRITAL Rf.SIDENCE
AND NOW, this
ORDER OF COUR'l'
G /L'day of February, 1998,
upon consideration
of the attached letters from Robert P. Kline, Esq., attorney for
Defendant, the hearing previously scheduled for April 2, 1998, is
RESCHEDULED to Friday, April 17, 1998, at 1130 p.m., in Courtroom
No.1, Cumberland County Courthouse, Carlisle, pennsylvanid.
BY THE COUR'l',
Id~'.()
~f;ley Oler,
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Michael D. Rentschler,
'28 North 32nd Street
Camp Hill, PA 17011
Attorney for Plaintiff
Esq.
Robert P. Kline, Esq.
331 Bridge Street
New Cumberland, PA 17070
Attorney for Defendant
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7, On or ahout January 12, IlJlJX, till' Ilusband (lrder~d the Petitioner 10 Ieavc the ll1arilal
dwelling, Thc Ilusband complied \\'ith lhat order and il'n till' dwelling,
X. The lIushand inli'rmL'd thc Petitioncr that il'she retu/'lled to live at the marital dwelling
01' allempted to retul'I1 to livL' at till' martial d\\'L'lIing, hL' would 1'L'1ll0I'e thc children I'rom the
marital dwelling and lake them to his nHlther's rcsidcnce which is located somewhere in
Sunbury, Pcnnsyll'ania.
9. Ilusband has. since January 12, IlJlJH, permilted Petitioncr to see the children but only
in his presence and there slilllooms the true and immediate danger that he \\'illremovc the
ehildrenli'om the ,iurisdiction and not permit Pctitioner to sec the children il' she allempts to
retul'l1to the marital d\\'elling,
10, Despitc the assertions by Ilusband thai he will remove the childrcnl'l'Omthe marital
residence il' she should altemplto retul'l1to the marital dwelling, the Petitioner has genuine leal'
and apprchensionthat thc lIusband \\'ill. in an)' e\'L'nt, remove the childrenl'rom the marital
dwelling and relocate them to another address outsilk 01' the County or Cumberland (md,
thercfore, nol permit her to see the children,
11. Ilusband told Wile not to contact him or he was going to move away ii'(lIl1the ll1arital
home and take the children with him to a location oulside Cumberland County.
12, Thereancr, Wile spokL' \\'ith one of the children who inlill'nwd her that Husband
intends to 1l10VC limn the Illarital d\\'clling on January 20, 1998 and will be taking the childrcn
with him.
13. As a rcsult of the threats and statcments made by lIusbandto Wifc concerning the
children and the children's eOll1ments to Wil'c, Wife believes, and therelfll'e avers, that Husband's
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befi.lrc Ihe children arc loretul'l1to sdtnol. Father shall have Segment A in 1999
and all odd years thcrcai'ter and Segment II in 2000 and all even yelll's thereafter.
Mother shall have Segment t\ in 21100 and all even yelll's thereafter and Scgment
II in 1999 and all odd ycars thereal\er.
7, The parties agree to altel'l1ate rcmaining holidays. those holidays being
delined as The Fourth or July, I.abor Day, and Memorial Day. In the evcnt that
thc holiday falls on a Monday 01' Friday, the party may extend that period of
holidays to include the entire weekend, 1 I' the parties are induding the entire
weckend, it shall occur from Friday at 7:00 p.m, until the holiday evening at 7:00
P,I11. If the parties arc not including thc weekcnd. it shall occur li'ol11 8:00 a.l11.
until 7:00 p.l11,
8. Mother shall havc the children on Mother's Day and Fathcr shall have
lhe children on Father's Day.
9. The parties acknowledge lhatthere currently is an estrangement
bctween Stuart and his Mother. The parties agrec that Stuart is in need of
counseling to addrcss any iSSllllS that may exist betwcen he and his Mother, The
parties agrec that they shall cooperute in any suggestions made by the counselor
as it relates to resolving lhese difliculties. Further, the parties agrec that lhey shall
not do anything else to cause furthcr estrangement and shall take all steps
necessary to cnsure that Stuartl()lIows the terms of this Order as it relates to
custodial time with his Mother.
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MARITAL PROPERTY - ITEM NO. -2.2.
Andrea M. Flowers, 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 of this action was commenced:
Description of Property: Housing Benefits
Names of all owners:
David A. Flowers
I
,
Branch of Service: Army
Date & Type of Discharge:
1981, DD214 Honorable Discharge
Cost or Value as of date of acquisition: $
Value as of date commenced:
Amount of lien:
Nature of lien:
Effective date of lien:
Holder of lien:
Inven~
1. Fishing lures $
2, Lamps $
3, Fishing Poles $
4. Miscellaneous Fishing Supplies $
5, Sporting Goods $
6, Archery Supplies $
Total Inventory $
Illxhib:l.t ".B"
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IHcFI'\ITIO:'\~_.\ :'\1l1\STlH iCTlO:'\S
Unless ne~ated bv the' context of the Intem'gatory. the following definitions are to
- .
be considered to be applicable ((l alllntenoga\Clrles contained herein:
(a) "Documents" is an all-inclusive term referring to any \\Titing and/or
recorded or graphic matter. ho\\'e\er produced or reproduced. The tcrn1 "documents"
includes without limitation. CClrrespondence. memoranda. interoffice communications,
minutes, reports. notes. schedules. analyses. drawings, diagrams. tables, graphs, charts,
maps. surveys. books of accounl. ledgers. inVOices. purchase orders. pleadings,
questionnaires. contracts, bills, checks. drafts, diaries. logs. proposals, priot-outs,
recordings, telegrams, films. tax returns, and f1l1ancial statements. and all other such
documents tangible or retriC\abJe of any kind. "Documents" also include any
preliminary notes and draf1s of all the foregoing. in whatever form. for example. printed,
typed, longhand. shorthand. on paper, papcr tape. tabulating cards. ribbon. blueprints,
magnetic tape, microfilm, film. motion picture film. phonograph records. computer disc
or other form.
(b) With respect to documents, the tenn "identify" means to give the date.
title, author and addressee; "identify" with respect to documents further means:
(i) To describe a document suftlciently well to enable the interrogator
to know what such document is and to retriew it from a file or wherever it may be
located;
(ii) To describe it in a manner suitable for usc as a description in a
subpoena;
(iii) To gi\e the name, address, position or title of the person(s) who
has custody of the document and/or copies thereof.
(c) "Identify" when used in reference to an individual means:
(i) To slate his/her full name:
(ii) Present residence address or last knO\\l1 address:
(iii) Present or last KnO\\l1 business address;
(iv) Present employer of lasl known employer;
(v) Whether ever employed by any party to this action, and if so. the
dates he/she was so employed. thc name of such party, and the last position held as an
employee of such party.
(d) Whenever the expression "and/or" is used in these Interrogatories, the
infom1ation called for should be set out both in the conjunctivc and disjunctive, and
wherever the information is set out in the disjunctive, it should be given separately for
each and every element sought.
ASSI~TS 01<' l'ARTmS
Defendant marks on the list below those items applicable to the case at uar and itemizes
the assets on the following pages.
(X) 1.
( X ) 2,
( ) 3,
( ) 4,
( X ) 5.
( X ) 6.
( ) 7,
( ) 8.
( ) 9.
( ) 10,
( ) 11.
( X) 12.
( ) 13.
( ) 14,
( X) IS,
( ) 16.
( ) 17,
( ) 18,
( ) 19,
( ) 20.
( ) 21.
( X) 22.
( ) 23.
( X ) 24.
( X ) 25.
( )
26.
Real property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash surrender
value and current beneficiaries)
Annuities
Gills
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Businesses (list all owners, including percentage of ownership
and officer/director positions held by a party with company)
Employment termination benefits - severance pay, workmen's
compensation claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan
vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/VA benefits
Education benefits
Debts due, including loans, mortgages held
Household fumishings and personalty (include as a total
category and attach itemized list if distribution of such assets is
in dispute)
Other
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LllIbllltlcs
Defendant lists all liabilities of either or both spouses alone or with any person as of the
datc this action was commcnced:
Namcs of all NlIIncs of All
ItcmNo. Descriotion of Propc;m Creditors Debtors
24A $5,093.50 Chris Feldman David A, & Andrea M.
Flowcrs
24B $2,080.41 Jerry's Sports DllVid A. & Andrea M,
Flowcrs
24C $1,400.00 Ken Achcnbaeh David A. & Andrca M.
Flowers
240 $347.75; telephonc MCl David A. & Andrea M.
Flowers
24E $188.00; water Pa. WaleI' David A. & Andrea M.
Flowcrs
24F $400,00; telephone Crll One David A. & Andrea M.
Flowers
240 $726.00; personal taxes David A. & Andrea M.
Flowers
24H $265.0 I; electric PP&L David A. & Andrea M.
Flowers
241 $388.00; medical Dr. Kunkle David A. & Andrea M,
Flowers
24J $50,00 Borough of David A. & Andrea M.
New Cumberland Flowers
24K $95,00; telephone Bell ofPA David A. & Andrea M,
Flowers
24L $390.54 Pinnacle Health David A. & Andrea M,
Flowers
. Namcs of all Namcs of All
Itcm No, Qcscriptlon of Propcrty Creditors ,Dcbtors
24M $716.61 Capital Onc David A, & Andrea M.
Flowcrs
24N $5,000.00+ Outdoor World David A. & Andrca M.
Flowcrs
240 $129.34; auto insurancc David A. & Andrea M.
Flowcrs
241' $290.50 Rivcr Rcscuc David A. & Andrca M.
Flowcrs
24Q $834,90; taxcs (homc) David A. & Andrea M.
Flowers
24R $500.00; money borrowed David A. Flowcrs
from Defendant's mothcr
248 Bencficial v. Flowers David A. Flowers
24T Caoital One v. Flowers David A, Flowcrs
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