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HomeMy WebLinkAbout98-01486DRf"I'1' COX, IN TI IE COURTOI: COMMON PLEAS OF Plaintiff CUMBIiIiI.AND COUNTY, PENNSYLVANIA VS. : CIVIL AC'T'ION HEIDI LEA COX, NO. 98-1486 CIVIL Defendant ,: IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE. TO: HEIDI LEA COX., DEFENDANT You have been sued in an action for divorce. You have failed to file a counter-affidavit to the Section 3301(d) affidavit. 'therefore, on or after June 15, 2005, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary is attached to this notice, Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1COURTHOUSESQUARE CARLISLE, PA 17013-3387 (717) 240-6200 BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION HEIDI LEA COX, NO. 98-1486 Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree in Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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. Dated: en?? BRETT COX, Plaintiff r ? Z - Ft m cn .? 4 L7 O ° U N BRETT Cox, VS. HEIDI LEA COX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 98-1486 Defendant IN DIVORCE AFFIDAVIT OF HAVING LIVED SEPARATE AND APART UNDER SECTION 3301(d) OF THE DIVORCE CODE NOTICE. TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. Plaintiff's Affidavit under Section 3301(d) of the Divorce Code. 1. The parties to this action separated on February 27, 1998, and have continued to live separate and apart for a period of two (2) years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in the Complaint 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. Dated: zz7 `s? e BRETT COX, Pla N ` W te ) j'' '4 -r . 1 0. ry `ll .? 1:1 LL? u 0 n c -.. ; U N d ?ECEIVED JUL 15 2005 BRETT COX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Va. CIVIL ACTION HEIDI LEA COX, NO. 98-1486 Defendant IN DIVORCE RULE AND NOW, this / g " day of iZ7 , 2005, upon consideration of the within Motion to Vacate Appointment of Master, a Rule is hereby issued upon the Defendant to show cause why the Motion should not be granted. Rule returnable zo days from date of service. BY THE COURT, The Hop6rable et?v.,: A• ,,,v . J. Distribution: chael D. Rentschler, Esquire ,Jenny Wiegle, Esquire 09,)q' hqrt;???? ?.Y p I1UED_Ot"FL T CF TFIG P?,,O i ,, '.. ARY na JUL i s f II b 20 CUI i:i" uJ`ITY j t , BRETT COX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION HEIDI LEA COX, NO. 98-1486 Defendant IN DIVORCE MOTION TO VACATE. APPOINTMENT OF MASTER AND NOW, this day of Judy, 2005, comes Brett Cox, by and through his attorney, Michael D. Rentschler, Esquire, who files the within Motion, by respectfully averring as follows: 1. Plaintiff filed for an appointment of a master. Plaintiff no longer believes that a Master is necessary to address issues because there are no property issues to be decided. Consequently, it is requested that the divorce master be vacated. 2. It is assumed that the Defendant and her counsel object to the divorce master being vacated. WHEREFORE, it is respectfully requested that this Honorable Court vacate the appointment of the Divorce Master in this case. Respectfully submitted, Mich Esquire 28 N. 32"d Street Camp Hill, PA 17011 Supreme Court ID4 45836 Attorney for Plaintiff a....:.,.. -... VERIFICATION 1, Michael D. Rentschler, Esquire, do hereby swear and affirm that the statements contained in this Motion are true and correct based upon representations made to me by my client, the Plaintiff herein. I further certify that I am authorized to sign this verification. 1 understand that any false statement may be prosecuted under Pa CSA Section 4904 which relates to unswom falsification to authorities. Date: 7 v MICHAEL D. R CHLER, ESQ. CERTIFICATE OF SERVICE 1, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by Regular Mail to the following address: JERRY A. WEIGL E 126 East King Street Shippensburg, PA 17257-1397 Date -? MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff '/ { Ey i? c5 N BRETT COX, IN THE. COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION NO. 98-1486 HEIDI LEA COX, Defendant IN DIVORCE AND NOW this day of August, 2005, comes the Defendant, Heidi Lea Cox, by and through her counsel, Jerry A. Weigle, Esquire, who answers Plaintiffs Motion to Vacate the Appointment of the Cumberland County Divorce Master as follows: 1. Admitted in part and denied in part. It is admitted that the Cumberland County Divorce Master was duly appointed by the Court. It is specifically denied that there are no marital estate issues for the Divorce Master to determine. By way of further answer, the equitable division of Plaintiff's pension and the allocation of minor children dependency exemptions are still before the Master and have been for some time. Also, by way of further answer, the Court preserved all economic issues when the case was bifurcated through agreement. A copy of the Court's Order is attached hereto, made a part hereof, and marked Exhibit "D-1," Also, by way of further answer, the Plaintiff has failed to comply with the Divorce Master's directive issued in April of 2003 to provide CPA tax calculations to aid the Master in allocating minor child dependency exemptions. The Defendant's most recent attempt to bring this case to a conclusion is evidenced by correspondence to Plaintiff's counsel dated June 14, 2005 which was never answered, a copy of which is attached hereto, made a part hereof, and marked Exhibit "D-2." 2. Admitted WHEREFORE, Defendant requests that the Plaintiff's Motion to Vacate the commission of the Cumberland County Divorce Master be denied and that the Plaintiff be specifically directed to comply with previous directives from the Divorce Master. Respectfully submitted, ;Atomey LE & ASSOCIATE , P. . ?r B X . le, Esquire for Defendant Attorney ID 401624 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE G ASSOCIATES, P.C. - ATTORNEYS AT LAW - 125 EAST KING STREET - SHIPPENSOURG, PA 17257.1397 ?4 HRIe"1111' COX, V. HEIDI LEA COX, 111nintiff Defendant JUL 2 72004 Cf Ve%A, 'R '2-01f JUL 2 3 2004 l IN TIIE COURT OF COMMON PLEAS OR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 98-1486 IN DIVORCE ORDER AND NOW, this LI O •, day of 4ndant 2004, ba sed upon the Agreement to Bifurcate Case, signed by Deflei Lea Cox, filed in response to the Plaintiff's Petition for Bifurcation, the Petition for Bifurcation is hereby GRANTED. All property issues remaining in this case are hereby preserved. No pension or insurance beneficiary designations shall be changed pending final resolution by the Divorce Master. Based upon the Agreement to Bifurcate attached hereto the.hearing scheduled on August 2, 2004, at 9:30 a.m. is hereby cancelled. BY THE COURT: The I-16norable At- Ui &( I-k --H C'-czS . J. Distribution: Jerry A. Weigle, Esquire Michael D. Rentschler, Esquire Prothonotary's Office EXHIBIT D-1 F I - F L . JERRY A. WEICLE , 1 . LIGLL & ASSOCIATES, 1'.C. Am» rtejw-of-Luit Aunclales JOSEPH I'. RIIANE 126 EAti r KING STRKIST' SIIIPPKNSIIIIBG, PENNSYLVANIA 17257-1397 RICHARD L. WILUBER,,11t. 'rmm'IIONK (717) 532.73SS or (717) 776.4295 orco a sel FAX (717) 532-5259 THOMAS L. BRIGHT lY!'1L'Ie!IF4i?!Lll:5QL1ll'11111111LLkt June 14, 2005 Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 Re: Cox v. Cox No. 984486 Civil Cumberland Our Pile #8778 Dear Mike: Please find enclosed herewith Divorce Consent and Waiver documents which have been executed by Heidi. Is it now possible to attempt to resolve the remaining economic issues in this case short of another Master's Hearing? Your file will indicate that the Divorce Master requested certain tax information from Brett to help him determine who should receive the exceptions for federal income tax purposes. That information was never presented to the best of my information. My suggestion would be that we both review our files and explore settlement possibilities with our clients within the next thirty (30) days. Please advise. Very truly yours, & ASSOCIATES, P.C. Jerry Enclosures JAW/plt EXHIBIT D-2 VERIFICATION I verify that the statements made in the foregoing Answer to Motion to Vacate Appointment of the Cumberland County Divorce Master arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 Ila. C.S. 4904, relating to unswom falsification to authorities. Dated: gl,31? A L4 (J? CHeidi Lea Cox WEIGLE 6 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 12G EAST KING STREET - SHIPPENSBURG. PA 17257.1397 4r CO C, • t".i "IW uj j_. CJ ? ;U ? jl ..ems ?y? BRETT COX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION HEIDI LEA COX, NO. 98-1486 Defendant IN DIVORCE MOTION TO VACATE APPOINTMENT OF MASTER AND NOW, this day of July, 2005, comes, Brett Cox, by and through his attorney, Michael D. Rentschler, Esquire, who files the within Motion, by respectfully averring as follows: 1. Plaintiff filed for an appointment of a master. Plaintiff no longer believes that a Master is necessary to address issues because there are no property issues to be decided. Consequently, it is requested that the divorce master be vacated. 2. It is assumed that the Defendant and her counsel object to the divorce master being vacated. WHEREFORE, it is respectfully requested that this Honorable Court vacate the appointment of the Divorce Master in this case. Respectfully submitted, Michael D. Rentschler, squire 28 N. 32°d Street Camp Hill, PA 17011 Supreme Court ID # 45836 Attorney for Plaintiff ? ?= ?:> o -„ ? ' ?, ?+ Y . . 1 i `a ?,17? '? '?? ? ? t f {?{ ?1? ?ECEIVED JUL 15 2005 -? BRETT COX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION HEIDI LEA COX, NO. 98-1486 Defendant IN DIVORCE RULE AND NOW, this / I? " day of ze47 , 2005, upon consideration of the within Motion to Vacate Appointment of Master, a Rule is hereby issued upon the Defendant to show cause why the Motion should not be granted. Rule returnable from date of service. Distribution: ,,Michael D. Rentschler, Esquire lorry Wiegle, Esquire BY THE COURT, 7-0 days A /dam The HoXjrable tor. /4. Nr u , J. dq,I 1 .? w oz : +a a i Inc suz 31,u 33 ?oy BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION NO. 98-1486 HEIDI LEA COX, Defendant IN DIVORCE ANSWER TO MOTION TO VACATE APPOINTMENT OF CUMBERLAND COUNTY DIVORCE MASTER AND NOW this 5(d- day of August, 2005, comes the Defendant, Heidi Lea Cox, by and through her counsel, Jerry A. Weigle, Esquire, who answers Plaintiff's Motion to Vacate the Appointment of the Cumberland County Divorce Master as follows: 1. Admitted in part and denied in part. It is admitted that the Cumberland County Divorce Master was duly appointed by the Court. It is specifically denied that there are no marital estate issues for the Divorce Master to determine. By way of further answer, the equitable division of Plaintiffs pension and the allocation of minor children dependency exemptions are still before the Master and have been for some time. Also, by way of further answer, the Court preserved all economic issues when the case was bifurcated through agreement. A copy of the Court's Order is attached hereto, made a part hereof, and marked Exhibit "D-1." Also, by way of further answer, the Plaintiff has failed to comply with the Divorce Master's directive issued in April of 2003 to provide CPA tax calculations to aid the Master in allocating minor child dependency exemptions. The Defendant's most recent attempt to bring this case to a conclusion is evidenced by correspondence to Plaintiff's counsel dated June 14, 2005 which was never answered, a copy of which is attached hereto, made a part hereof, and marked Exhibit "D-2." 2. Admitted WHEREFORE, Defendant requests that the Plaintiffs Motion to Vacate the commission of the Cumberland County Divorce Master be denied and that the Plaintiff be specifically directed to comply with previous directives from the Divorce Master. Respectfully submitted, & ASSOCIA A. Attorney for Defendant Attorney ID #01624 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 c4- Hem. 'a-z-app JUL 2 7 2004 JUL 2 3 2004 ?Z BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO. 98-1486 HEIDI LEA COX, Defendant IN DIVORCE ORDER AND NOW, this -&- day of , 2004, based upon the Agreement to Bifurcate Case, signed by Defendant Hei Lea Cox, filed in response to the Plaintiffs Petition for Bifurcation, the Petition for Bifurcation is hereby GRANTED. All property issues remaining in this case are hereby preserved. No pension or insurance beneficiary designations shall be changed pending final resolution by the Divorce Master. Based upon the Agreement to Bifurcate attached hereto the,hearing scheduled on August 2, 2004, at 9:30 a.m. is hereby cancelled. Distribution: Jerry A. Weigle, Esquire Michael D. Rentschler, Esquire Prothonotary's Office BY THE COURT: MIBIT D-1 JERRY A. WEIGLE IGLE & ASSOCIATES, P.C. Attorneys-at-Law Associates 126 EAST KING STREET JOSEPH P. RUANE SHIPPENSBURG, PENNSYLVANIA 17257-I397 RICHARD L. WEBBER, JR. TELEPHONE (717) 532-7388 or (717) 776-4295 Or Counsel FAX (717) 532-5289 THOMAS L. BRIGHT weiLleassociates(rr).earthlink.net June 14, 2005 Michael D. Rentschler, Esquire 28 North 32nd Street Camp Hill, PA 17011 Re: Cox V. Cox No. 98-1486 Civil Cumberland Our File #8778 Dear Mike: Please find enclosed herewith Divorce Consent and Waiver documents which have been executed by Heidi. Is it now possible to attempt to resolve the remaining economic issues in this case short of another Master's Hearing? Your file will indicate that the Divorce Master requested certain tax information from Brett to help him determine who should receive the exceptions for federal income tax purposes. That information was never presented to the best of my information. My suggestion would be that we both review our files and explore settlement possibilities with our clients within the next thirty (30) days. Please advise. Very truly yours, & ASSOCIATES, P.C. Jerry Al Weigle, Enclosures JAWlplt EXHIBIT D-2 VERIFICATION I verify that the statements made in the foregoing Answer to Motion to Vacate Appointment of the Cumberland County Divorce Master 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. . Dated: 4Y/3 10J AL 4 Heidi Lea Cox WEIGLE G ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SRIPPENSBURG. PA 17257-1397 ? r.? r:o ? i '' -1 _ _ :.r_ ?i i. `?l;_ G 7 -(7 f??t t a ? ' Cs7 - _ ? ?. ?? _Y _ -? ?. ?? _ ?-' -- o.? of South Csttotius ' BOBS OF SOUTH CAROLINA EMPLOYEE. SAVING & SALARY REDUCITONPLAN' Statement for 4/1/1"8 to 6f3131I l3ta>aci?°a?t e! Net C "MW ay B?pceat4/1l1998?. y_: ?"" S 027121 Sods! Security Number. SU4*7458 Tm-th,e 41-0h !lire Date: 3118/1996 B E COX Plan Entry Date: 12/23/1996 1 to rr t'4 P 0 BOX 1342 CAMP HILL,`, PA 17001 ? ?cH t?' / ," In F d -zleg-11d6f All data to calculated on 6/30?1 1999 utus . Balance at 4/1/1998 $5,376.05 Pre-Tax Salary Deferral 96, 8% (As of 713/1998 > Net Change $4)14A4 Balance at 6/30/1M $6,290A9 Ending Vested Balance W90A9 lalaneW Fund 50+X0 Value Stack Fund 25% Growth Stock Fund 25% lalanced Fund 5096 Value Stock Fund 25% Growth StockFund 25% Salanaed Value Stock Growth Stock Fund Fund Fund Total ante at 4/1/1998 2,650.65 1,368.42 1,356.95 5,376.05 itributions • Tsar Cron s 334:66 67.36 16 .36 ." .mp over ing s nings GainALoss W.96 36,90 41.91 20,58 20.22 77.70 %ace at 6/30/1998 3,105.89 1,595.17 1,586.43 6,290.A9 Unu bare Balance SSJ267 40.3068 27.2723 Unit/Sbare Value 36AO 3965 5$.17 For more information, call INVESCO Retirement Plan Services at 1-800-881-8520 or visit our internet web site at www.invcsco.com JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7388 or (717) 7764295 FAX (717) 532-6552 January 20, 2003 E. Robert Elicker II Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Dear Bob: Re: Cox v. Cox No. 98-1486 Civil In Divorce You will recall that Mike Rentschler, Esquire, and I met with you with respect to the above-captioned matter last Friday, January 17, 2003 at 9:30 a.m. Unbeknownst to me at the time, my client had already made plans to be out of town from Friday, February 21St through Sunday, March 2nd and had previously purchased nonrefundable transportation tickets. Therefore, I request a rescheduling of the conference set for Monday, February 24, 2003 at 9:00 a.m. in your office. I apologize for any inconvenience incurred. Very truly yours, WEIG? E & ASS W k' . _. TES, P.C. JAW/plt cc: Michael D. Rentschler, Esq. Heidi Cox BRETT COX, VS. Plaintiff HEIDI LEA COX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98 - 1486 CIVIL IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Michael D. Rentschler Counsel for Plaintiff Brett Cox Plaintiff Jerry A. Weigle , Counsel for Defendant Heidi Lea Cox , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 24th day of February 2003, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II January 17, 2003 Divorce Master C?y MAR 19 19980 BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION HEIDI LEA COX, NO. S 9 / y g G ?? ?? Defendant : IN DIVORCE ORDER OF COURT AND NOW, ?? 4o 1 Ci g , upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear bef S ? ?S ?S , the conciliator, at?9 ?J 9a? -' ,tom C C f1t C L4( 1 Co , 19q&at in., for a Pre-Hearing Custody Conference. At dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: 4A, -11-11 M&M Custody Conciliator (T 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. 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 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. Office of the Court Administrator Cumberland County Courthouse 1 Courthouse Square, Fourth Floor Carlisle, PA 17013 (717) 240-6200 0/0 9 flap we'-? fw e2- 1.4r-- w - v Mlipejc V;NVAIASNN3d mmoo W G z A 96 AUVIGNItlUt,3W Eiiru 3o KU310-ml1 BRETT COX, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION HEIDI LEA COX, NO. q T 1,4 Defendant : IN DIVORCE NOTICE TO DEFEND 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, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Courthouse Square, Fourth Floor Carlisle, PA 17013 (717) 240-6200 BRETT COX, VS. HEIDI LEA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. Defendant IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is BRETT COX, a citizen of Pennsylvania, residing at 417 South Enola Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant is HEIDI LEA COX, a citizen of Pennsylvania, residing at 117 Pin Oak Lane, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are suijuris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on October 11, 1. 986, in Long Island, New York. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to 1 request that the Court require the parties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree in Divorce, pursuant to 3301(a)(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 2 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievable broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. 3 COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 23. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. COUNT V Request for Confirmation of Custody Under 3104 of the Divorce Code 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff is BRETT COX, residing at 417 South Enola Drive, Enola, Cumberland County, Pennsylvania. 26. Defendant is HEIDI LEA COX, residing at 117 Pin Oak Lane, Shippensburg, Cumberland County, Pennsylvania. 27. Plaintiff BRETT COX seeks custody of the following children: 4 Name Present Residence Age Brittany Rose Cox 117 Pin Oak Lane, Shippensburg, PA 8 Kimberly Ann Cox 117 Pin Oak Lane, Shippensburg, PA 5 William Charles Cox 117 Pin Oak Lane, Shippensburg, PA 2 28. The children were not born out of wedlock. 29. The children are presently in the custody of Mother who resides at 117 Pin Oak Lane, Shippensburg, Cumberland County, Pennsylvania. 30. During the past five years, the children have resided with the following persons at the following addresses: Brett Cox, Heidi Cox and Siblings: 3509 Waterlick Road, Lot 26B, Lynchburg, Virginia (1991 to 2/96). Brett Cox, Heidi Cox, Siblings and Defendant's Mother and Father Lois Kiessling and Charles Kiessling: 2525 Stillhouse Hollow Road, Shippensburg, PA (2/96 to 9/96). Brett Cox, Heidi Cox and Siblings: 117 Pin Oak Lane, Shippensburg, PA (9/96 to 2/28/98). Heidi Cox and Siblings: 117 Pin Oak Lane, Shippensburg, PA (2/28/98 to Present) 31. The mother of the child is HEIDI LEA COX who currently resides at 117 Pin Oak Lane, Shippensburg, Cumberland County, Pennsylvania. 32. She is married to BRETT COX. 33. The father of the child is BRETT COX who currently resides at 417 South Enola Drive, Enola, Cumberland County, Pennsylvania. 34. He is married to HEIDI LEA COX. 35. The relationship of Plaintiff to the children is that of father. The Plaintiff currently resides alone. 36. The relationship of Defendant to the children is that of mother. The Defendant 5 currently resides with the children and her parents Lois Kiessling and Charles Kiessling. 37. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 38. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 39. 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. 40. The best interest and permanent welfare of the children will be served by granting the relief requested. 41. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as parties to this action. There are no other persons who are known to have or claim a right to custody or visitation of the children. 42. The Plaintiff seeks partial custody/visitation with the minor children because: (a) He is the natural father of the children; (b) It is in the best interest of the children to have a loving relationship with their natural father; and (c) The natural mother is interfering with Plaintiff's requests to visit with his children. 43. The Plaintiff seeks reasonable and liberal visitation with the children and further that his affections and communication with the children not be hampered by Defendant. WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant majority 6 physical and joint legal custody to Plaintiff and that Defendant be granted reasonable rights of visitation. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 7 VERIFICATION I, BRETT COX, verify that the statements made in the Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. &Zz? G' 6?"? BRETT COX, Plaintiff tr,'3 • z? tact q All I W? i s tr. G c ?°? ?' C BRETT COX, Plaintiff vs. HEIDI LEA COX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98 - 1486 CIVIL IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Michael D. Rentschler Jerry A. Weigle , Attorney for Plaintiff Attorney for Defendant A pre-hearing conference has been scheduled at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 17th day of January 2003, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 11/13/02 E. Robert Elicker, II Divorce Master Michael D. Rentschler, Attorney for Plaintiff, filed a pre-trial statement on October 4, 2002. Jerry A. Weigle, Attorney for Defendant, has not filed a pre-trial statement as of the date of this notice. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HE ID I L. COX ) Docket Number 98-1486 Plaintiff ) vs. ) PACSES Case Number 19 310 010 6 BRETT E. COX ) n -? 5 3 (a Defendant ) Other State ID Number Y ORDER AND NOW, to wit on this 5TH DAY OF JUNE, 1998 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or x© Other ALIMONY PENDENTE LITE REQUEST filed on APRIL 23, 1998 in the above captioned matter is dismissed without prejudice due to: PLAINTIFF RECEIVING SPOUSAL SUPPORT. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner, if filed within one year from date hereof. BY THE COURT: DRO: R.J. Shadday cc: petitioner and respondent ---mo!L;, 1-I Service Type M ev Hess, JUDGE Form OE-506 Worker ID 21005 ~rr 3- or f IN THE COURT OF COMP-ON PLEAS OF CL-MBERLAND COUNTY, PENNSYLVANIA 7?x Plaintiff vs. i d / L E?4 CD?s NO. 19-2L ?MOTION FOR APPOINT.`M. T OF MASTER (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: (.?) Divorce () Distribution of Property C ) Annulment ( ) Support ( ) alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) (ice-es-t) appeared in the action (personally) (by his attorney, A. GJEr??" Esquire). (3) The staturory ground(s) for divorce (is) (are) 3 90/ (C)-? (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims : to - ti , /G ..?.., _,v, - /' A_ L -= or fact. The action (6) The hearing is expected to take a (hours) (7) Additional information, if any. relevant to the motion: does not involve) complex issues of law Date: Attorney for (Plaintiff) (BefVn4aft*) ORDER APPOINTING MASTER AND NOW o? Esquire, 62:1il L'?g? is appointed ma ter with respect to the following claims: By the Court: 10*14 A /c? J ?._ ?. h; , - ? ;; = ` : .., .:_. _.. -?,? ? ; ; ., ., - .. ?_? _ ,:.;£ E :'? . +``?? ? ?.?,. nr; +'a1? y ;ti 4 ? ??i ?? a `t ?i ? `?.''t .? O ,.? 4 y # t'\ IN THE COURT OF COLON PLEAS OF CUlzMERI.AND COUNTY, PE?Ii , SYLVANIA Plaintiff vs. No . y Fr'? l9 MOTION FOR APPOINME 1T OF MASTER (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: (?) Divorce (<) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) (ice-qmt) appeared in the action (personally) (by his attorney, d. Esquire). (3) The staturory ground(s) for divorce (is) (are) 3a-02./ ?C? (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims : ,ry /' _' _."' Lam."?, 1 : or fact. The action (6) The hearing is expected to take a (hours) fie-). (7) Additional information, if any. relevant to the motion: not involve) complex issues of law Date: 4/.'e /,--, y a e^ o2 Attorney for (Plaintiff) ORDER APPOINTING :4ASTER AND NOW &Ltj r , igo?l2?-lit Esquire, is appointed ma ter with respect to the following claims: By the Court: { jO J LAW OFFICE OF MICHAEL D RENTSCHLER, P. C. 1300 MARKET STREET, SUITE 200 LEMOYNE, PA 17043 (717)97.5-9129 FAX (717) 975-2939 August 7, 2002 Robert Ellicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Cox v Cox 98-1486 Cumberland County Dear Mr. Ellicker: As you know, I represent Brett Cox in the above-referenced divorce action. I have tried to get copies of tax returns from Mr. Weigle of interest to this case, but have not yet received them. Perhaps the three of us can have a conference call to discuss this matter. After I receive the returns, I believe I may be ready to have the case heard. Very truly yours, Michael D. Rentschler, Esquire Jerry Weigle, Esquire File JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-6552 August 9, 2002 E. Robert Elicker II Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Cox v. Cox No. 1486 1998 Dear Bob: I am in receipt of correspondence from Michael D. Rentschler, Esquire, Attorney for Brett Cox. Please find enclosed my response to Mike's request which was just dictated and mailed this week. Hopefully this correspondence will resolve the issue. & ASSOCIATES, P.C. Esquire JAW/paf Enclosure cc: Heidi Cox Very truly yours, Law Office Of Michael D. Rentschler, P.C. 1300 Market Street, Suite 200 Lemoyne, PA 17043 717/975-9129 Fax # 717/975-2939 October 3, 2002 E. Robert Elicker, II Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Cox v Cox No. 1486 of 1998 Dear Bob: Enclosed is Plaintiff's Pretrial Statement in the above-captioned case. Please note that my client is unavailable for the hearing from October 25 through November 5, 2002 because he will be out of state on business. Very truly yours, Michael D. Rentschler Enclosure Cc: Jerry A. Weigle, Esquire Brett Cox File OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter September 6, 2002 Michael D. Rentschler, Esquire 1300 Market Street, Suite 200 Lemoyne, PA 17043 RE : Brett Cox vs. Heidi Lea Cox No. 98 - 1486 Civil In Divorce Dear Mr. Rentschler: West Shore 697-0371 Ext. 6535 I am returning your pretrial statement. It does not comport with the requirements under rule 1920.33(b). Obviously, you did not read the rule that was cited in the letter dated August 13, 2002, dealing with the pretrial statement contents. Very truly yours, E. Robert Elicker, II Divorce Master f OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 August 13, 2002 Michael D. Rentschler, Esquire Jerry A. Weigle, Esquire 28 North 32nd Street WEIGLE & ASSOCIATES, P.C. Camp Hill, PA 17011 126 East King Street Shippensburg, PA 17257 RE: Brett Cox vs. Heidi Lea Cox No. 98 - 1486 Civil In Divorce Dear Mr. Rentschler and Mr. Weigle: Mr. Weigle indicated when he filed the certification document in May 2002 that there was some outstanding information needed regarding a pension valuation. Mr. Rentschler recently raised an issue about tax returns which Mr. Weigle addressed in correspondence dated August 9, 2002. It appears that this case should be moving forward and that the discovery matters should be either resolved between counsel or a motion made to the Court to compel whatever discovery counsel think is required. The divorce complaint in this case was filed on April 3, 1998, raising grounds for divorce of irretrievable breakdown of the marriage. The complaint also raised the economic claim of equitable distribution. No claims have been raised by either party for alimony or counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, September 6, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre- r, N Mr. Rentschler and Mr. Weigle, Attorneys at Law 13 August 2002 Page 2 hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master f L ql?; of'?11?1 BRETT COX, TN TTHE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION HEIDI LEA COX, NO. 213-S-1998 Defendant : (C,00P17 IN DIVORCE PRETRIAL STATEMENT At the hearing on this matter, Brett Cox intends to call the following witnesses: Brett Cox Heidi Cox (as on cross examination) Brett Cox reserves the right to supplement and/or amend the list upon review of Heidi Cox's list, Areas of discovery: It is anticipated that a motion to compel discovery will be filed within one week unless an agreement can be reached regarding tax returns, as requested. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 46- CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by Regular Mail to the following: JERRY A. WEIGLE 126 East King Street Shippensburg, PA 17257-1397 Date: PCS?J?A2- MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff APV-1 L 20 IQq? BRETT COX, Plaintiff VS. HEIDI LEA COX, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 98-1486 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AMID NOW, this 20 day of /-J2 A , 1998, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Brett Cox, and the Mother, Heidi Lea Cox, shall have shared legal custody of Brittany Rose Cox, born April 23, 1989, Kimberly Ann Cox, born November 17, 1992, and William Charles Cox, born July 25, 1995. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 7:00 p.m. through Sunday at 6:00 p.m. The Father's weekend periods of custody shall begin with the Father having custody of the Children on Saturday, April 18, 1998 at 6:00 p.m. but shall begin thereafter on alternating weekends on Friday at 7:00 p.m. The Father shall also have partial physical custody of the Children for up to two weekday evenings per week from 6:00 p.m. until 8:00 p.m. upon providing at least one (1) week advance notice to the Mother. 4. The parties shall alternate having custody of the Children on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment At which shall run from Christmas Eve at 12:00 noon until Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon until December 26 at 12:00 noon. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. B. Alternating holidays: The parties shall alternate having custody of the Children on the following holidays from 9:00 a.m. until 8:00 p.m.: New Years Day, Easter, Memorial Day, July 4th, Labor Day, and Thanksgiving. The Mother shall have custody of the Children in even numbered years on Easter, July 4th and Thanksgiving, and in odd numbered years, on New Years Day, Memorial Day y ? BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 98-1486 CIVIL TERM HEIDI LEA COX, CIVIL ACTION - LAW Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLANID COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIM CURRENTLY IN CUSTODY OF Brittany Rose Cox April 23, 1989 Mother Kimberly Ann Cox November 17, 1992 Mother William Charles Cox July 25. 1995 Mother 2. A Conciliation Conference was held on April 16, 1998, with the following individuals in attendance: The Father, Brett Cox, with his counsel, Michael D. Rentschler, Esquire. Neither the Mother, Heidi Lea Cox, nor her counsel, Jerry A. Weigle, Esquire attended the Conference. However, the Custody Conciliator discussed the Father's proposal for a partial custody schedule with the mother's counsel by telephone during the Conference. 3. The Conciliator recommends Date an order in the form as attached. oa4m??? Dawn S. Sunday, Esqui Custody Conciliator BRETT COX, VS. HEIDI LEA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO.-25-81-998 ?? - /YX Defendant IN DIVORCE ORDER AND NOW, this ! 5' day of , 1998, upon consideration of the within Petition, a hearing is hereby scheduled to occur one, 1998, at 3O A M., Courtroom No. of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, the Honorable Judge presiding. BY THE COURT, ---? 4, q ,? .,?.. ";-.. .. _ ( ?l „? :ry, €. °: ?, qk' t'` ? ?=., 1 BRETT COX, vs. HEIDI LEA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO.213-5-f 948 W -- /4-Y6 Defendant IN DIVORCE MOTION FOR EXCLUSIVE POSSESSION OF MARITAL DWELLING AND NOW, this ,day of April, 1998, comes Brett Cox, by and through his attorney, Michael D. Rentschler, Esquire, who files the within Motion of which the following is a statement: 1. The Movant is Brett Cox, an adult individual who is currently residing at 117 Pin Oak Lane, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". 2. The Respondent is Heidi Lea Cox, an adult individual who currently resides at 2525 Stillhouse Hollow Road, Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as "Wife". 3. Husband and Wife were married on October 11, 1986, in Long Island, New York. 4. On March 18, 1998, Husband filed the above divorce action. 5. The parties are the owners of the marital residence situated at 117 Pin Oak Lane, Shippensburg, Cumberland County, Pennsylvania. 6. As a result of number acts of mental cruelty by Wife against Husband, Husband briefly left the marital residence on February 27, 1998 and returned to the marital residence to live on March 28, 1998. 7. Wife has continued to reside at the residence of her parents at 2525 Stillhouse Hollow Road, Shippensburg, PA, and only comes to the marital dwelling to remove articles of personal property and to perform various malicious acts as described herein. 8. Generally, while Husband is at work, the Wife enters residence with her key and commits unprovoked and immature acts, including but not limited to, the following: removing the sheets from the bed, taking all of the soap and the toilet paper, placing his clothing in the washer, filling the washer with water and leaving them. Wife commits acts such as these on a daily basis. 9. Since Wife has elected to spend most of her time outside of the marital residence living with her parents and since she is removing articles of personal property and creating a hostile atmosphere by committing the acts as detailed in Paragraph 8, it is requested that Wife be excluded from the marital residence and, consequently, that exclusive occupancy of the marital residence be granted to Husband. 10. Husband desires to change the locks on the residence as a result of the actions of Wife and requests authorization by the Court to do so. WHEREFORE, it is respectfully requested that this Honorable Court grant this Petition consistent with the statements contained herein. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 VERIFICATION I, MICHAEL D. RENTSCHLER, verify that I am the attorney of record for Brett Cox, and verify the statements contained in the foregoing document are based upon information provided to me as his counsel. I further verify that the statements are true and correct to the best of my knowledge, information and belief and that I am authorized to sign this verification on behalf of my client. MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Brett Cox 41W , . . CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by Regular Mail to the following: JERRY A. WEIGLE 126 East King Street Shippensburg, PA 17257-1397 Date: 3 MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff C7 c_ ..?, ?, _? _.?, '' ? s ?, ; c?? i ,,?,? ? , '« - ? - ?; C :?., ;;? 4Ii -c or 1 JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER,JR. Of Counsel THOMAS L. BRIGHT WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7388 or (717) 77(}4295 FAX (717) 532-6552 May 10, 2002 E. Robert Elicker II Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Cox v. Cox No. 1486 1998 Dear Bob: I am returning your Discovery Certification request in the above caption matter as best I I can. ery truly yours, &,AbSOCIATES, P.C. A. Weigle, Esquire JAWlpaf Enclosures Cc: Michael D. Rentschler, Esquire Heidi Cox r BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 98 - 1486 CIVIL HEIDI LEA COX, Defendant IN DIVORCE TO: Michael D. Rentschler Jerry A. Weigle Attorney for Plaintiff Attorney for Defendant DATE: Tuesday, April 30, 2002 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 not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 41= (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. UMOWN AT THIS TIME Council for Defendant was not aware that a Notion For Appointment of the Divorce Master had been filed until this Certification Notice was received. It will be necessary to secure full and complete income and pension information from Council for the Plaintiff. Every effort will be made to attain this information informally. If this is not possible formal discovery will be necessary. DATE 4CSEL SELL OR PLAINTIFF F 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. w BRETT COX, Plaintiff VS. HEIDI LEA COX, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO.-2f3-8- 98 9P- 141 P?, IN DIVORCE PRAECIPE Kindly mark the Motion for Exclusive Possession of Marital Dwelling filed by Plaintiff Brett Cox on April 3, 1998, as withdrawn. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 C 3 :t? p C Ct3 ? ? i 'ts ? t.._ ??-_ - wa ' ? ? Y3 _ 7v . , . ` . ? ? 1 ? ',g _ ?C ?r 3? . ? ? ? 417 -K; y CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by Regular Mail and Hand Delivery (respectively) to the following: JERRY A. WEIGLE 126 East King Street Shippensburg, PA 17257-1397 THE HONORABLE KEVIN A. HESS Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Date: ids----=- ?- MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff 'o 0 00 ` '3 t co 1 ? BRETT COX, vs. HEIDI LEA COX, Plaintiff Defendant R 0 61998 ?N PLEAS OF ENNSYLVANIA AND NOW, this day of , 1998, upon consideration of the within Petition, said motion is hereby GRANTED. Heidi Lea Cox is required to provide Brett Cox with overnight visitation of their minor children every other weekend comprising Friday evening at 6:00 p.m. to Sunday at 6:00 p.m., plus two evenings per week, the first weekend beginning on BY THE COURT, J. BRETT COX, vs. HEIDI LEA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO,-213 8 998 Defendant IN DIVORCE - "' EMERGENCY RELIEF PETITION AND NOW, this day of April, 1998, comes Michael D. Rentschler, attorney for Brett Cox, who files the within Petition of which the following is a statement: 1. Brett Cox is an adult individual, who currently resides at 117 Pin Oak Lane, Shippensburg, PA (hereinafter referred to as "Father"). 2. Heidi Lea Cox is an adult individual and is the natural mother of three children fathered by Brett Cox, who currently resides at 2525 Stillhouse Hollow Road, Shippensburg, PA (hereinafter referred to as "Mother"). 3. On March 18, 1998, Father filed a complaint in divorce which contained a Petition for Partial Custody of his three children. 4. On February 27, 1998, Father left the residence at 117 Pin Oak Lane, Shipppensburg, PA, and lived elsewhere for a brief period of time. The move was necessitated by Mother's constant and unrelenting bickering and belittling of Father. 5. Mother, thereafter, moved to her parents house located at 2525 Stillhouse Hollow Road, Shippensburg, PA. 6. On March 28, 1998, Father moved back in to the marital dwelling at 117 Pin Oak Lane, Shippensburg, PA. 7. There are three children of the born marriage between Mother and Father who are currently with Mother. Those children are: Brittany Rose Cox, age 8; Kimberly Ann Cox, age 5; and William Charles Cox, age 2. 8. Except for a brief visit with Brittany on March 12, 1998, Mother has not permitted Father to see the children since February 28, 1998, despite Father's numerous requests to do so. Since March 17, 1998, refused to let Father have telephone communication with his children. 9. The Mother has refused to permit Father to see the children and insists that an Order be in effect prior to her permitting Father to see the children. 10. Father is the natural parent of the children and, as such, is wanting to continue to have a loving and supportive relationship with his children. However, the actions of Mother in not permitting him to see the children nor to talk to them is causing alienation and potentially negative feelings on the part of the siblings against their father. Father believes and therefore avers that refusal to permit him to see or speak with his children is unwarranted and malicious. 11. Father requests that this Honorable Court enter an Order requiring the mother to allow natural father visitation and telephone contact with his children. 12. Although this case is scheduled for a custody conciliation conference on April 16, 1998, Father seeks a directive from this Court since Mother is not permitting visitation or contact with Father's children as described above. WHEREFORE, it is respectfully requested that this Honorable Court grant the within Petition and order Mother to permit Father overnight visitation with the children not less than two weekends per month and two nights per week. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. 445836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 VERIFICATION I, MICHAEL D. RENTSCHLER, verify that I am the attorney of record for Brett Cox, and verify the statements contained in the foregoing document are based upon information provided to me as his counsel. I further verify that the statements are true and correct to the best of my knowledge, information and belief and that I am authorized to sign this verification on behalf of my client. MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Brett Cox CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by Regular Mail to the following: JERRY A. WEIGLE 126 East King Street Shippensburg, PA 17257-1397 Date: MICHAEL D. NTSCHLER, ESQUIRE Attorney for Plaintiff C ? BRETT COX, vs. HEIDI LEA COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. ±T3= 9eo-/"/X Defendant : IN DIVORCE EMERGENCY RELIEF PETITION AND NOW, this day of April, 1998, comes Michael D. Rentschler, attorney for Brett Cox, who files the within Petition of which the following is a statement: 1. Brett Cox is an adult individual, who currently resides at 117 Pin Oak Lane, Shippensburg, PA (hereinafter referred to as "Father"). 2. Heidi Lea Cox is an adult individual and is the natural mother of three children fathered by Brett Cox, who currently resides at 2525 Stillhouse Hollow Road, Shippensburg, PA (hereinafter referred to as "Mother"). 3. On March 18, 1998, Father filed a complaint in divorce which contained a Petition for Partial Custody of his three children. 4. On February 27, 1998, Father left the residence at 117 Pin Oak Lane, Shipppensburg, PA, and lived elsewhere for a brief period of time. The move was necessitated by Mother's constant and unrelenting bickering and belittling of Father. 5. Mother, thereafter, moved to her parents house located at 2525 Stillhouse Hollow Road, Shippensburg, PA. 6. On March 28, 1998, Father moved back in to the marital dwelling at 117 Pin Oak Lane, Shippensburg, PA. 7. There are three children of the born marriage between Mother and Father who are currently with Mother. Those children are: Brittany Rose Cox, age 8; Kimberly Ann Cox, age 5; and William Charles Cox, age 2. 8. Except for a brief visit with Brittany on March 12, 1998, Mother has not permitted Father to see the children since February 28, 1998, despite Father's numerous requests to do so. Since March 17, 1998, refused to let Father have telephone communication with his children. 9. The Mother has refused to permit Father to see the children and insists that an Order be in effect prior to her permitting Father to see the children. 10. Father is the natural parent of the children and, as such, is wanting to continue to have a loving and supportive relationship with his children. However, the actions of Mother in not permitting him to see the children nor to talk to them is causing alienation and potentially negative feelings on the part of the siblings against their father. Father believes and therefore avers that refusal to permit him to see or speak with his children is unwarranted and malicious. 11. Father requests that this Honorable Court enter an Order requiring the mother to allow natural father visitation and telephone contact with his children. 12. Although this case is scheduled for a custody conciliation conference on April 16, 1998, Father seeks a directive from this Court since Mother is not permitting visitation or contact with Father's children as described above. WHEREFORE, it is respectfully requested that this Honorable Court grant the within Petition and order Mother to permit Father overnight visitation with the children not less than two weekends per month and two nights per week. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 VERIFICATION I, MICHAEL D. RENTSCHLER, verify that I am the attorney of record for Brett Cox, and verify the statements contained in the foregoing document are based upon information provided to me as his counsel. I further verify that the statements are true and correct to the best of my knowledge, information and belief and that I am authorized to sign this verification on behalf of my client. MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Brett Cox CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by Regular Mail to the following: JERRY A. WEIGLE 126 East King Street Shippensburg, PA 17257-1397 Date: MICHAEL D. NTSCHLER, ESQUIRE Attorney for Plaintiff F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Heidi Lea Cox, CIVIL ACTION -LAW Petitioner/Defendant, (AS- 148G V. NO. Brett Cox, Respondent/Plaintiff IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR ALIMONY PENDENTE LTTE To the Prothonotary: Please withdraw petitioner's petition for alimony pendente lite without prejudice as petitioner is presently receiving spousal support. vl t 1 A. W 'gle, Esquire MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 172S7-1397 MARK, WEIGLE AND PERKINS, ATTORNEYS AT LAW 126 EAST KING STREET, SHIPPENSBURG, PENNA. 17257 TELEPHONE: (717) 532-7388 FAX: (717) 532-6552 BRETT COX, Plaintiff v HEIDI LEA COX, Defendant CIVIL ACTION NO. q?-)4$(o IN DIVORCE ANSWER TO MOTION FOR EXCLUSIVE POSSESSION OF MARITAL DWELLING AND NOW, this _7-day of June, 1998, comes the Defendant, Heidi Lea Cox, by and through her attorney, Jerry A. Weigle, Esquire, who files the within Answer to Motion for Exclusive Possession of Marital Dwelling as follows: 1. Admitted in part and denied in part. It is admitted that the moving party is Brett Cox and that the said Brett Cox is presently married to the Defendant herein. It is denied that "husband" resides at 117 Pin Oak Lane, Shippensburg, Cumberland County, Pennsylvania, as he moved out of the said property on or about May 9, 1998. By way of further answer it is believed and therefore averred that "husband" presently resides at 35 North 4th Street, Apartment #4, Newport, Perry County, Pennsylvania. 2. Admitted in part and denied in part. It is admitted that the Defendant and the couples' three minor children spend most of their time at 2525 Stillhouse Road, Shippensburg, Cumberland County, Pennsylvania, which is the home of Defendant's parents. Defendant and the children have also spent a part of their time at the marital residence primarily when husband is away at work in Lemoyne, Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 6. Admitted in part and denied in part. "Husband" voluntarily left the marital residence on or about February 27, 1998, without advance notice either to the Defendant or to the children. Shortly after vacating the marital residence, "husband" called and told at least one of the children that he left and wasn't coming back because "their mother was fat, the house was a mess and that the Defendant was mean". It is admitted that "husband" resumed living in the marital residence at least part of the time on or about March 28, 1998. 7. Admitted in part and denied in part. It is admitted that Defendant and the children spend much of their time at the residence of her parents to better care for her three minor children, ages 9, 5, and 3, respectively, and to secure babysitting while she is at work. It is specifically denied that Defendant only comes to the marital residence "to remove articles of personal property and to perform various malicious acts" and strict proof to the contrary is demanded at hearing. By way of further answer, Defendant and the couple's minor children spend time at the marital residence so that the children can play with their toys, utilize outside recreational facilities, play with friends their own age, wash clothes (parents' well is not sufficient to accommodate the water usage required) and to give Defendant's parents time alone in their own home. 8. Admitted in part and denied in part. It is admitted that Defendant and the children enter the marital residence from time to time which is their legal right for the purposes already stated herein. It is specifically denied that Defendant committed "unprovoked and immature acts" and strict proof thereof is demanded at hearing. By way of further answer if at all relevant to this proceeding, Defendant did remove sheets from the bed for the purpose of washing them since she was doing family laundry and did remove soap and toilet paper from the residence which was needed by the family and paid for by the Defendant at a time when Defendant was not receiving MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 support from "husband". The remainder of paragraph 8 of the motion is denied as stated and strict proof to the contrary is demanded at hearing. By way of further answer, since vacating the premises on or about May 9, 1998, "Husband" himself has returned to commit various acts of vandalism and destruction to the premises he now seeks exclusive possession of. 9. Denied as stated. Defendant ("Wife") is legally entitled to enter the marital residence for the purposes stated herein and should be permitted to do so in the future for the following reasons: a. The couple's minor children should be able to return to their home periodically to play with toys they are not presently able to take with them, to play with friends, and to utilize the yard and recreational equipment available to them there. b. Defendant ("Wife") needs to have access to the marital residence on a regular basis to do laundry for herself and her children, as facilities at her parents' residence are not suitable for this purpose. c. "Wife" and her children need private time away from her parents and other family members and her parents need the same. d. "Wife" should have access to marital property that she cannot presently remove from the marital residence. e. "Husband" who presently lives and works in the Newport, Pennsylvania, area has no present need for exclusive possession of the three bedroom marital residence to the exclusion of "Wife" and the minor children. f. "Wife's" periods of physical occupancy of the marital residence have occurred and will continue to occur when "husband" is at work and out of the immediate area. MARK, WEIGLE AND PERKINS ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG, PA 17257-1397 10. "Husband's" statement is in the form of a prayer or request for relief and therefore does not require an answer. WHEREFORE, the Defendant ("Wife") respectfully requests that this Honorable Court deny "Husband's" request for exclusive possession of the marital residence and permit joint access of the parties to said residence until the same can be solely acquired by one or the other or sold to a third party. Respectfully submitted, MARK, WEIGLE AND PERKINS By v l rry A. Wei le, Esquire` Attorney for Defendant I. D. #01624 126 East King Street Shippensburg, PA 17257 (717) 532-7388 MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 I verify that the statements made in the Answer to Motion for Exclusive Possession of Marital Dwelling 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 unworn falsification to authorities. Dat MARK, WEIGLE AND PERKINS, ATTORNEYS AT LAW 126 EAST KING STREET, SHIPPENSBURG, PENNA. 17257 TELEPHONE: (717) 532-7388 FAX: (717) 532.6552 JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7388 or (717) 7764295 FAX (717) 532-6552 September 6, 2002 E. Robert Elicker II Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Dear Bob: Re: Cox v. Cox No. 1486 of 1998 In preparing Defendant's pre-trial statement in the above-captioned matter pursuant to your correspondence of August 13, 2002, I contacted Traci to obtain a copy of the Motion for Appointment of the Divorce Master filed by Mike Rentschler. In the course of our conversation, Traci advised that you will not consider the issue of alimony unless a Petition for APL was previously filed. None has been filed in this case to date because Mrs. Cox is presently receiving spousal support as well as child support pursuant to an Order of Court entered November 1, 2000. If that is the case, I submit that we are not yet ready for a pre-hearing conference and that I will file an APL petition immediately. Furthermore, Mike now advises that he will be filing a formal motion to compel discovery of the Defendant's parents' income tax returns. The only issues in this case involve the division of Plaintiff s small pension benefit and alimony beyond a decree in divorce.M Please advise. Very truly yours, JLE & ASSOCIATES, P.C A () W r A. Weigle, Esquire JAW/plt cc: Heidi Cox JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7388 or (717) 7764295 FAX (717) 532-5289 October 1, 2002 E. Robert Elicker II Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Cox v. Cox NO. 1486 of 1998 Dear Bob: I enclose herewith a True and Attested copy of the Defendant's Petition for Alimony in the above captioned matter. Mrs. Cox's pre-trial statement will follow in a week to ten days. Very truly yours, & ASSQVIATES, P.C. Jerrj,A. Weigle, JAW/paf Cc: Heidi Cox Michael D. Rentschler, P.C. 4' 44. BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION HEIDI LEA COX, NO. 98 - 1486 Defendant IN DIVORCE PLAINTIFFS PRETRIAL STATEMENT PURSUANT TO PA RCP 1920.33/1920.75 AMENDED AND NOW, comes Brett Cox, Plaintiff, by and through his attorney, Michael D. Rentschler, Esquire, who files the following: 1. Plaintiff is Brett Cox ("Husband") who currently resides at 9 Tiffany Drive, Shippensburg, Pennsylvania. He was bom on May 28, 1964 and is 38 years of age. 2. Defendant is Heidi Lea Cox ("Wife") who currently resides at 2525 Stiihouse Hollow Road, Shippensburg, PA. Wife was born on March 22, 1965 and is 37 years of age. 3. The parties were married on October 11, 1986 in New York. The final date of separation was February 28, 1998. Consequently, they have been separated for more than two years. 4. There are three minor children of the marriage for which Plaintiff pays support. 5. Husband has a retirement account with an approximate value as of the date of separation, of $5,736.05. 6. All other property has been divided. 7. Husband submits that in consideration of the equitable distribution factors as stated in 23 Pa C.S.A. Section 3502 et. Seq. and alimony factors as stated in 23 Pa. C.S.A. Section 3701 et. Seq. as applied to the facts and circumstances of the case, that no distribution of assets nor any payment of alimony is due Wife. It is noted that there has not been a formal claim for alimony *a , and pursuant to directive of Hearing Master, there is, therefore, no issue regarding alimony. 8. Husband submits that the Master's hearing will take less than one-half day. Husband's witnesses will include Husband, and Wife as on cross-examination. Husband reserves the right to call additional witnesses without prejudice and/or rebuttal. 9. Husband contends that there is no further discovery needed in this case, since the only issue he would have is to compel production of Defendant's parents tax returns, which request is rendered moot since that issue goes to alimony and support of wife. In the event it is determined that the issue of alimony may be presented, then Husband will seek to compel production of those tax returns. WHEREFORE, Plaintiff/Husband respectfully requests Your Honorable Court to grant an: A. Entry of the final Decree in Divorce, B. Determine property distribution. C. Declare that Plaintiff can declare all three children as his dependants on his annual tax returns. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. or counsel THOMAS L. BRIGHT WEIOLE & ASSOCIATES, P.C. Attorneys-at: Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17237-1397 TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-6552 August 7, 2002 FILF Michael D. Rentschler, P.C. 1300 Market Street, Suite 200 Lemoyne, PA 17043 Re: Cox v. Cox Dear Mike: I am not going to provide copies of the Kiessling's tax returns for calendar year 2000 and 2001 as requested. Heidi presently contributes $400.00 per month toward the grocery bill incurred by the Keisslings for six persons - three adults and three children. The grocery and miscellaneous expenses per month for this extended household is between $1,300.00 and $1,600.00. Heidi has not paid rent per se, although what she reimburses her parents toward expenses may have appeared on the "rent" line on the Domestic Relations income and expense forms. In addition, Ileidi reimburses her parents for automobile insurance on an older vehicle they let her drive ($350.00 every 6 months), approximately $50.00 per month for long distance phone calls, and for repairs and maintenance on the car her parents permit her to use. The Keissling's accountant has advised the family that this is an appropriate method to handle family finances under the circumstances and that Heidi's contributions toward expenses of this nature do not have to be accounted for as rent on the Kcissling's tax returns. Copies of I Icidi's cr-rent earnings statements are enclosed. Very truly yours, JAW/pit Enclosure cc: Heidi Cox WEIGLE & J A. W TES, P.C. Esquire JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-6552 January 13, 2003 E. Robert Elicker II Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Cox v. Cox No. 98-1486 Civil In Divorce Dear Bob: I enclose herewith Defendant's Pre-Trial Statement in the above-captioned matter. Very truly yours, WIGLE & ASSOCIATES, P.C. I ? J ?A. e, Esquir Enclosure JAW/plt cc: Michael D. Rentschler, with enclosure (via fax 975-2939 and 1st class mail) Heidi Lea Cox, with enclosure (hand delivered) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRETT COX, CIVIL ACTION -- LAW Plaintiff V. : NO. 98-1486 CIVIL HEIDI LEA COX, Defendant IN DIVORCE PRE-TRIAL STATEMENT OF DEFENDANT WEIGLE & ASSOCIATES, P,C. ?f Je A. Weig Esquire Attorney for Defendant Attorney ID #01624 126 East King Street Shippensburg, PA 17257 (717)532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRETT COX, PLAINTIFF V. HEIDI LEA COX, CIVIL ACTION NO. 98-1486 DEFENDANT IN DIVORCE PETITION FOR ALIMONY TO THE CUMBERLAND COUNTY DIVORCE MASTER The Petition of Heidi Lea Cox, the Defendant in the above-captioned matter, respectfully represents: 1. Petitioner, Brett Cox, husband of the Defendant, filed a Complaint in Divorce in Cumberland County, Pennsylvania, to number 98-1486 Civil, on or about March 18, 1998. 2. Said Divorce Complaint alleges no-fault grounds and indignities and also requests equitable distribution of marital property and an order regarding custody of three (3) minor children. 3. The only issues to be decided by the Cumberland County Divorce Master to the best of the Defendant's knowledge are the division of Plaintiff's pension benefit and the award of alimony to the Defendant beyond the date of a final decree in divorce. 4. The Defendant presently receives spousal support which is a part of the Domestic Relations Order dated November 1, 2000, a copy of which is attached hereto and made a part hereof and marked "Exhibit A." 5. The Defendant has not previously filed an answer to the above-referenced divorce complaint and, therefore, has not previously formally requested an award of alimony. 6. Defendant lacks sufficient property to provide for her reasonable means and, although employed, is unable to adequately support herself. 7. Defendant is the primary caregiver for three (3) minor children and has an attention deficit disorder that has somewhat limited her ability to further her education and thereby improve her employment potential. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 8. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 9. Plaintiff commands a sufficient income to be able to continue alimony payments to the Defendant for the foreseeable future. WHEREFORE, the Defendant hereby requests an award of alimony and that the Cumberland County Divorce Master consider her request for alimony along with any other marital issues presently before him. //9/ z-- Date rry A. eigle, Esquire Attorney fbc Defendant WEIGLE & ASSOCIATES, 126 East King Street Shippensburg, PA 17257 (717)532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Petition for Alimony 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 J -p a4 Heidi Lea Cox, Defendant WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION HE ID I L. COX ) Order Number 00213 S 1998 Plaintiff ) VS. ) PACSES Case Number '770100067 BRETT E. COX ) Docket Number 0 0.2 13 _ S 1998 Defendant ) Other State ID Number ORDER OF COURT Q Final Q Interim ® Modified AND NOW, 1ST DAY OF NOVEMBER, 2000 based upon the Court's determination that the Payee's monthly net income is $ 807.98 and the Payor's monthly net income is $ 2, 778.92 , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit ONE THOUSAND FOUR HUNDRED AND FIFTY-EIGHT Dollars ($ 1,458.00 ) a month payable BI-WEEKLY as follows: first payment due BY NOVEMBER 30, 2000. ARREARS INCLUDE CURRENT CHARGE DUE FOR NOVEMBER. The effective date of the order is 09/05/00 . Arrears set at $ 1,483.21 as of NOVEMBER 1, 200o are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting and tax refund offset certification and will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name BRITTANY ROSE COX KIMBERLY ANN COX WILLIAM CHARLES COX HEIDI LEA COX Service Type M bJ f? Birth Date 04/23/89 11/17/92 07/25/95 03/22/65 Fern OE-518 Worker 1D 21105 l 11 --? C? r HEIDI L. COX IN THE COURT OF COMMON PLEAS OF Petitioner/Defendant CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO.98 - 1486 CIVIL TERM BRETT COX IN DIVORCE Respondent/Plaintiff DR# 27,536 Pacses# 193100106 ORDER OF COURT AND NOW, this 29th day of April, 1998, 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 June 9, 1998 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. 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. cc: petitioner and respondent BY THE COURT, cc: Jerry A. Weigle, Esq. George E. Hoffer, President Judge cc: Michael D. Rentschler, Esq. ?1 Q$ ,,.,[ /. ry Date of Order: April 29, 1998 dday, onference Officer J. S 0 r 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 MARK, WEIGLE ,_.,'ERKINS, ATTORNEYS AT LAW 126 EAST KING STREET, SHIPPENSBVRG, PENNA. 17257 , TELEPHONE: (717) 532-7388 FAX: (717) 532-6552 - r T t JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717) 532-7388 or (717) 7764295 FAX (717) 532-6552 April 10, 2003 E. Robert Elicker II Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Cox v. Cox No. 98-1486 Civil Dear Bob: I enclose herewith the following as per our conference in your office held on Wednesday, April 9, 2003: 1. Copy of correspondence to Mrs. Cox's tax preparer 2. Current monthly income calculation for Mrs. Cox 3. Copy of 2002 Federal income tax return for Mrs. Cox 4. Current income and expense form for Mrs. Cox A revised child support calculation cannot be completed without Mr. Cox's information. Very truly yours, & AS$QCIATES, P.C. Jerry 4. Weigle, JAW/plt ` Enclosures cc: Heidi Cox Michael D. Rentschler, Esquire (with enclosures) 1 JERRY A.WEIGLE WEIGLE & ASSOCIATES, P.C. Attorneys-at-Law Associates 126 EAST KING STREET JOSEPH P. RUANE SHH'PENSBURG, PENNSYLVANIA 17257-1397 RICHARD L. WEBBER, JR. TELEPHONE (717) 532-7388 or (717) 776-4295 Of Counsel FAX (717) 532-5289 THOMAS L. BRIGHT April 9, 2003 BEING SENT VIA 1sT CLASS MAIL AND FAX #263-8661 3 PAGES BEING TRANSMITTED. HARD COPY WILL FOLLOW. William M. Porter, CPA, MST Porter Business Development Group 429 Phoenix Drive Chambersburg, PA 17201 Re: Heidi L. Cox Dear Mr. Porter: Our respective offices represent Heidi L. Cox. Heidi is presently involved in litigation in Cumberland County with respect to termination of marriage, equitable division of marital property, and alimony issues. The Cumberland County Divorce Master is requesting that calculations be made to determine which party would most benefit from claiming the couple's three minor children as dependents for Federal income tax purposes. Obviously, that would be Mr. Cox; but by how much? Heidi's 2002 return indicates that she claimed the three children giving her a $9,000 dependency deduction plus an earned income credit of $3,650. The idea is that Mr. Cox's benefit in being permitted to claim the children could be used to help offset the cost of Heidi's health insurance post divorce. Mr. Cox is willing to provide you with whatever tax information you need to make the calculation as evidenced by the "Authorization of Release of Information" document enclosed which has been signed and dated by Mr. Cox. For your reference, the name, address and phone number of Mr. Cox's counsel appears below: Michael D. Rentschler, Esquire 1300 Market Street Suite 200 Lemoyne, PA 17043 Phone 717-975-9129 On another matter, counsel have been requested by the Divorce Master to furnish him with an appropriate rate of interest to properly calculate a fair value for Mr. Cox's small pension through a prior employer as of the date of separation some five years ago. The pension is a defined contribution plan which has a fair market value of approximately $5,800 as of the date of separation. The Master will consider adding interest to that t William M. Porter, CPA, MST April 9, 2003 Page 2 amount to compensate for the length of time this case has been in litigation upon being furnished with an appropriate rate of return. Would someone in your office be able to help with this aspect of the case? Your cooperation will be appreciated. JAW/plt Enclos 4 cc: ? E. Robert Elicker, II, Esquire Michael D. Rentschler, Esquire Mrs. Heidi Cox Very truly yours, IGLE & ASSOCIATES, ?. JAW.. W 'gle, Esquire AUTHORIZATION OF RELEASE OF INFORMATION I, BRETT E. COX, do hereby request that you prepare a tax comparison analysis of my 2002 taxable income. I understand that there must be a comparison and analysis of my wife's tax matters and mine and therefore authorize you to work in that capacity. I agree to provide you with necessary financial records in order to facilitate this request. Brett E. Cox HEIDI L. COX MONTHLY INCOME CALCULATION APRIL, 2003 2002 total income Less: taxes (20% x $12,039) Net after taxes $9,631 =12 months $803 $12,039 2,408 $ 9,631 1040 Department of the Treasury - Internal Revenue Service 2002 Form U.S. Individual Income Tax Return (99) IRS use only - Do not write or staple in this space. For the year Jan 1 - Dec 31, 2002, or other tax year beginning 2002, ending 20 OMB No. 1545.0074 Label Your first name MI Last name Your social security number (See instructions.) H E I D I L COX 123-60-7938 Use the If a joint return, spouse's first name MI Last name Spouse's social security number IRS label. PIE a prj?t Itle IiSe Home address (number and street). If you have a P.O.box, see instructions. Apartment no. . Important! or type. 2525 STI L LHOUSE HOLLOW ROAD You must enter your social city, town or post office. If you have a foreign address, see instructions. State ZIP code security number(s) above. Presidential ISHIPPENSBURG PA 17257 Election Campaign ' Note: Checking 'Yes' will not change your tax or reduce your refund. You Spouse (See instructions.) Do you, or your spouse if filing a joint return, want $3 to go to this fund? .......... Yes No Yes No 1 Single 4 X Head of household (with qualifying person). (See Filing Status 2 Married filing jointly (even if only one had income) instructions.) If the qualifying person is a child but not your dependent, enter this child's 3 Married filing separately. Enter spouse's SSN above & full name here. Check only name here .. 5 Qualifying widow(er) with dependent child (year one box. spouse died ... ). (See instructions.) 6a Q Yourself. If your parent (or someone else) can claim you as a dependent on his or No, of boxes Exemptions hecked on her tax return, do not check box 6a ................................................ c6a and 6b .... 1 b Spouse ...................... ................................................... - No. of If more than five dependents, see instructions. c Dependents 1) First name Last name (2) Dependent's social security number (3) Dependent's relationship to you (4) if qualifying child for child tax credit (see instrs) BRITTANY R COX 069-76-9286 Daughter M KIMBERLY A COX 225-67-5242 Daughter nX WILLIAM C COX 231-73-0074 Son X n d Total number of 9 Income Attach Forms W-2 and W-2G here. Also attach Forni(s) 1099-R if tax was withheld. If you did not get a W-2, see instructions. Enclose, but do not attach, any payment. Also, please use Form 1040-V. Adjusted Gross Income 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ......................................... 8a Taxable interest. Attach Schedule B if required ......................................... b Tax-exempt interest. Do not include on line 8a .............. I Bbl 9 Ordinary dividends. Attach Schedule B if required ..................................... . 10 Taxable refunds, credits, or offsets of state and local income taxes (see instructions) ...................... 11 Alimony received .................................................................... 12 Business income or (loss). Attach Schedule C or C-EZ .................................. 13 Capital gain or (loss). Aft Sch D if regd. If not regd, ck here ......................... 01 11 14 Other gains or (losses). Attach Form 4797 ............................................. 15a IRA distributions .......... 15a b Taxable amount (see instrs) . . 16a Pensions and annuities .... 16a I b Taxable amount (see instrs) . . 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E. . 18 Farm income or (loss). Attach Schedule F .............................................. 19 Unemployment compensation ........................................................ . 20a Social security benefits...... 120al 1 b Taxable amount (see instrs) .. 21 Other income -------------------------------------- 22 Add the amounts in the far right column for lines 7 through 21. This is your total income? 23 Educator expenses (see instructions) .......................I 23 children on 6c who: • lived with you ..... 3 • did not live with you due to divorce or separation (see m:trs) . . Dependents on 6c not entered above . L4 8. 198. 10 11 2,700. 12 1,001. 13 14 15b 16b 17 18 ft 19 20 b 34 Add lines 23 through 33a ......... ............................ ............................ .? 24 IRA deduction (see instructions) ........................... 25 Student loan interest deduction (see instructions) ........... 26 Tuition and fees deduction (see instructions) ............... . 27 Archer MSA deduction. Attach Form 8853 ................... 28 Moving expenses. Attach Form 3903 ....................... 29 One-half of self-employment tax. Attach Schedule SE ....... 30 Self-employed health insurance deduction (see instructions). 31 Self-employed SEP, SIMPLE, and qualified plans ........... 32 Penalty on early withdrawal of savings ..................... 33a Alimony paid b Recipient's SSN .... 01 71. re, Privacy Act, and Paperwork Reduction Act Notice, see instructions. FDIA0112 12/26/02 Form 1040 (2002) Add numbers on lines claimed ........................................................ above..... Form 1040 (2002) HEIDI L COX 123-60-7938 Pane 2 Tax and 36 Amount from line 35 (adjusted gross income) .......................................... 36 11,968. Credits 37a Check if: ? You were 65/older, [] Blind; E] Spouse was 65/older, ? Blind. Add the number of boxes checked above and enter the total here............ ? 37a Standard I b If you are married filing separately and your spouse itemizes deductions, Deduction or you were a dual-status alien, see instructions and check here ........... ? 37b for - - • People who 38 Itemized deductions (from Schedule A) or your standard deduction (see left margin) ..................... 8 ,900. checked any box 39 Subtract line 38 from line 36 .......................................................... 39 5,068, on line 37a or 37b or who can be claimed as a 40 If line 36 is $103,000 or less, multi I $3,000 by the total number of exemptions claimed p y Y on line 6d. If line 36 is over $103,000, see the worksheet in the instructions .............. ;:•>: 40 2,000. dependent, see instructions. 41 Taxable income. Subtract line 40 from line 39. If line 40 is more than line 39, enter -0 . ....................................................... 41 0. 42 Tax (see instrs). Check if any tax is from a F] Form(s) 8814 b [] Form 4972 ......................... 42 0. • All others: Single , 43 Alternative minimum tax (see instructions). Attach Form 6251 ........................... 43 $4,700 44 Add lines 42 and 43 .........................................................'....... ? 44 0 . Head of 45 Foreign tax credit. Attach Form 1116 if required ............. 45 ....::::.:: ;:»><> <•:::::•••<•- household, 46 Credit for child and dependent care expenses. Attach Form 2441 .......... 46 $6,900 47 Credit for the elderly or the disabled. Attach Schedule R..... 47 Married filing 48 Education credits. Attach Form 8863 ....................... 48 jointly or Qualifying 49 Retirement savings contributions credit. Attach Form 8880... 49 ::::>: >::>::: < widow(er), 50 Child tax credit (see instructions) .......................... 50 0 . : • $7,850 51 Adoption credit. Attach Form 8839 ......................... 51 Married filing 52 Credits from: a Form 8396 b [] Form 8859 ................. 52 separately, 53 Other credits. Check applicable box(es): a Form 3800 $3,925 b [] Form e P y 8801 S ecif '• 3 53 :;. ::.....:: 54 Add lines 45 through 53. These are your total credits .................. ..... ...................... 54 0 . 55 Subtract line 54 from line 44. If line 54 is more than line 44, enter -0• .................. ? 55 0. 56 Self-employment tax. Attach Schedule SE ...................................................... 56 141. Other 57 Social security and Medicare tax on tip income not reported to employer. Attach Form 4137 .................. 57 Taxes 58 Tax on qualified plans, including IRAs, and other tax-favored accounts. Attach Form 5329 if required ........... 58 59 Advance earned income credit payments from Form(s) W-2 ............................. 59 60 Household employment taxes. Attach Schedule H ...................................... 60 61 Add lines 55-60. This is your total tax ...................................................... ? 61 141. Payments 62 Federal income tax withheld from Forms W-2 and 1099...... 62 If you have a L 63 2002 estimated tax payments and amount applied from 2001 return ........ 63 qualifying 64 Earned income credit (EIC) ................................ 64 3,650. child, attach r 65 Excess social security and tier 1 RRTA tax withheld (see instructions)....... hedule EIC S 65 . c 66 Additional child tax credit. Attach Form 8812 ................ 66 0. 67 Amount paid with request for extension to file (see instructions) .......... 67 68 Other pmts from: a [] Form 2439 b [] Form 4136 c r] Form 8885 68 69 Add lines 62 through 68. These are your total payments ................. ..... ................... ? 69 3,650. Refund 70 If line 69 is more than line 61, subtract line 61 from line 69. This is the amount you overpaid ................ 70 3,509. Direct deposit? 71 a Amount of line 70 you want refunded to you ......................................... ? 71 a 3, 509. See instructions ? b Routing number ........ ? c Type: Checking savings and fill in 71b, ? d Account number ....... 71c, and 71d. 72 Amount of line 10 you want applied to your 2003 estimated tax........ ? 72 `• >'• Amount 73 Amount you owe. Subtract line 69 from line 61. For details on how to pay, see instructions ................. ? 73 Wu WT•U /4 tstlmatea tax enact see instructions ........ Third Part Do you want to allow another person to discuss this return with the IRS Party (see instructions)? ............................. Q Yes. Complete the following ? No Designee p .................. (PIN) Designee's Phone Personal identification name ? Pre a r e r no. ? number ? Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and Sign belief, they are true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. Here Your signat Date Your occupation Daytime phone number Joint return? See instructions. / 7AXPA op CLERK Keep a copy Spouse's signature. a Ioint re ur st n. Date Spouse's occupation for our records. 11111, Date Preparer's SSN or PTIN Preparer's tea/ Of Paid signature , C/' Check itself-employed X IP00122723 Preparer's Firm's name Porter Business bevel pment Group (or yours if Use Only self-employed),/ 429 Phoenix Drive EIN 25-1736250 ZIP drodseand Chambersburg PA 17201 Phone no. (717) 263-2777 Form 1040 (2002) FDIA0112 12/26/02 Schedule C-EZ Net Profit from Business (Form 1040) (Sole Proprietorship) ? Partnerships, joint ventures, etc, must file Form 1065 or 1065-B. Department of the Treasury evenue Service (99) ? Attach to Form 1040 or 1041. P- See instructions. Internal R OMB No. 1545-0074 2002 09A Name of proprietor Social security number (SSN) HEIDI L COX 123-60-7938 #' Is` General Information You May Use Schedule C-EZ Instead of Schedule C Only if You: JF • Had business expenses of $2,500 or less. • Use the cash method of accounting. • Had only one business as a sole proprietor. • Did not have an inventory at any time during the year. • Did not have a net loss from your business. • Had no employees during the year. • Are not required to file Form 4562, Depreciation and Amortization, for this business. See the instructions for Schedule C, line 13, to find out if you must file. • Do not deduct expenses for busi- ness use of your home. • Do not have prior year unallowed passive activity losses from this business. A Principal business or profession, including product or service B Enter code from instructions CLEANING SERVICES 561720 C Business name. If no separate business name, leave blank. D Employer ID number (EIN), if any HEIDI COX CLEANING SERVICE E Business address (including suite or room number). Address not required if same as on Form 1040, page 1. 2525 STILLHOUSE HOLLOW ROAD City, town or post office, state, and ZIP code SHIPPENSBURG, PA 17257 :?{t< Figure Your Net Profit 1 Gross receipts. Caution. If this income was reported to you on Form W-2 and the 'Statutory employee' box on that form was checked, see Statutory Employees in the instructions for Schedule C, line 1, and check here ........................................................... ? 1 1,925.. 2 Total expenses (see instructions). If more than $2,500, you must use Schedule C .......................... 2 924. 3 Net profit. Subtract line 2 from line 1. If less than zero, you must use Schedule C. Enter on Form 1040, line 12, and also on Schedule SE, line 2. (Statutory employees do not report this amount on Schedule SE, line 2. Estates and trusts, enter on Form 1041, line 3.) .................................................... 3 1,001. Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 2. 4 When did you place your vehicle in service for business purposes? (month, day, year) 0 ._ - - - _,- _ 5 Of the total number of miles you drove your vehicle during 2002, enter the number of miles you used your vehicle for: a Business b Commuting c Other 6 Do you (or your spouse) have another vehicle available for personal use? ...................................... Yes No 7 Was your vehicle available for personal use during off-duty hours? ............................................ Yes No 8a Do you have evidence to support your deduction? ............................................................ Yes E] No bIf'Yes,'is the evidence written? ............................................................................. R Yes n No BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule C-EZ (Form 1040) 2002 FDIA8301 10/30/02 SCHEDULE SE (Form 1040) Department of the Treasury Internal Revenue Service Self-Employment Tax Attach to Form 1040. ? See instructions for Schedule SE (Form 1 OMB No. 1545-0074 2002 17 Name of person with self-employment income (as shown on Form 1040) Social security number of person HEIDI L COX with self-employment income 1123-60-7938 Who Must File Schedule SE You must file Schedule SE if: • You had net earnings from self-employment from other than church employee income (line 4 of Short Schedule SE or line 4c of Long Schedule SE) of $400 or more or • You had church employee income of $108.28 or more. Income from services you performed as a minister or a member of a religious order is not church employee income. See instructions. Note. Even if you had a loss or a small amount of income from self-employment, it may be to your benefit to file Schedule SE and use either 'optional method' in Part II of Long Schedule SE. See instructions. Exception. If your only self-employment income was from earnings as a minister, member of a religious order, or Christian Science practitioner and you filed Form 4361 and received IRS approval not to be taxed on those earnings, do not file Schedule SE. Instead, write 'Exempt - Form 4361' on Form 1040, line 56. May I Use Short Schedule SE or Must I Use Long Schedule SE? I Did You Receive Wanes or Tias in 2002? 1 No Are you a minister, member of a religious order, or Yes Christian Science practitioner who received IRS approval not to be taxed on earnings from these sources, but you owe self-employment tax on other earnings? No Are you using one of the optional methods to figure your net earnings (see instructions)? No Did you receive church employee income reported on Yes Form W-2 of $108.28 or more? I No I You Mav Use Short Schedule SE Below I No Did you receive tips subject to social security or Medicare tax that you did not report to your employer? You Must Use Long Schedule SE Section A - Short Schedule SE. Caution. Read above to see if you, can use Short Schedule SE. 1 Net farm profit or (loss) from Schedule F, line 36, and farm partnerships, Schedule K-1 (Form 1065), line 15a ............................................................................................... 1 2 Net profit or (loss) from Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065), line 15a (other than farming); and Schedule K-1 (Form 1065-B), box 9. Ministers and members of religious orders, see instructions for amounts to report on this line. See instructions for other income to report ............... 2 1,001. 3 Combine lines 1 and 2 .................................................................................. 3 1,001. 4 Net earnings from self-employment. Multiply line 3 by 92.35% (.9235). If less than $400, do not file this schedule; you do not owe self-employment tax ..................................................... 4 924. 5 Self-employment tax. If the amount on line 4 is: _ • $84,900 or less, multiply line 4 by 15.3% (.153). Enter the result here and on Form 1040, line 56. 900 l line 4 by 2 9% ( 029) add $10 60 to the result Enter the • More than $84 multi Then 527 5 141 . y . . , . , , p . , . total here and on Form 1040, line 56. e 0 Deduction for one-half of self-employment tax. Multiply line 5 by 50% (.5). 6 .......... .......................................... ' ... 71. Enter the result here and on Form 1040, line 29 ............................ 6 ;> 'Iii>;'<.'•.'>>•. ••'`>:<>>?`>I' BAA For Paperwork Reduction Act Notice, see Form 1040 instructions. Schedule SE (Form 1040) 2002 Was the total of your wages and tips subject to social Yes security or railroad retirement tax plus your net earnings from self-employment more than $84,900? No FDIA1101 10122102 SCHEDULE EIC Earned Income Credit OMB No. 1545.0074 (Form 1040A or 1040) Qualifying Child Information 2002 Department of the Treasury Complete and attach to Form 7040A or 1040 Internal Revenue Service (99) only if you have a qualifying child. 43 Name(s) shown on return Your social security number HEIDI L COX 123-60-7938 Before begin ; See the instructions for Form 1040A, line 41, or Form 1040, line 64, to make sure that You (a) you can take the EIC and (b) you have a qualifying child. • If you take the EIC even though you are not eligible, you may not be allowed to take the credit for up to 10 years. See the instructions for details. CAUTION: • It will take us longer to process your return and issue your refund if you do not fill in all lines that apply for each qualifying child. • Be sure the child's name on line 1 and social security number (SSN) on line 2 agree with the child's social security card. Otherwise, at the time we process your return, we may reduce or disallow your EIC. If the name or SSN on the child's social security card is not correct, call the Social Security Administration at 1-800-772-1213. Qualifying Child Information Child 1 Child 2 1 Child's name First name Last name First name Last name If you have more than two qualifying children, you only have to list two to et the maximum credit .............. BRITTANY R COX KIMBERLY A COX 2 Child's SSN The child must have an SSN as defined in the Form 1040A or Form 1040 instructions unless the child was born and died in 2002. If your child was born and died in 2002 and did not have an SSN, enter 'Died' on this line and attach a copy of the child's birth certificate ................................. 069-76-9286 225-67-5242 3 Child's year of birth ................................... Year 1989 Year 1992 If born after January 1, 1984, If born after January 1, 1984, skip lines 4a and 4b; go to line 5. skip lines 4a and 4b; go to line 5. 4 If the child was born before January 2,1984 - a Was the child under age 24 at the end of 2002 and a student? ............................................ Yes. No. Yes. No. Go to line 5. Continue Go to line 5. Continue bWas the child permanently and totally disabled during any part of 2002? ............................... Yes. ? No. F]Yes. E]No. Continue The child is not a Continue The child is not a qualifying child. qualifying child. 5 Child's relationship to you (for example, son, daughter, grandchild, niece, nephew, foster child, etc) ....................................... Daughter Daughter 6 Number of months child lived with you in the United States during 2002 • If the child lived with you for more than half of 2002 but less than 7 months, enter 7. • If the child was born or died in 2002 and your home was the child's home for the entire time he or she was alive during 2002, enter '12' .................... 12 months 12 months Do not enter more than 12 months. Do not enter more than 12 months. You may also be able to take the additional child tax credit if your child (a) was under age 17 at the end of 2002, (b) is claimed as TIP your dependent on line 6c of Form 1040A or Form 1040, and (c) is a U.S. citizen or resident alien. For more details see the instructions for line 42 of Form 1040A or line 66 of Form 1040. BAA For Paperwork Reduction Act Notice, see Form 1040A or 1040 instructions. Schedule EIC (Form 1040A or 1040) 2002 FDIA7401 10/29/02 F-1 r.C)RRPrTFn (if rhArkA fl PAYER'S name, street address, city, state, ZIP code, and telephone no. 1 Rents OMB No. 1545-0115 RE/MAX HOMEFINDERS 115 E KING ST $ 002 Miscellaneous SHIPPENSBURG, PA 17257-1360 2 Royalties Income (717)532-6131 $ Form 1099-MISC 3 Other income 4 Federal Income taxwhhheld Copy B $ 1925.00 For Recipient PAYER'S Federal identification RECIPIENT'S identification 5 Fishing boat proceeds 6 Medical and health care payments number number 25-1676893 123-60-7938 RECIPIENT'S name 7 Nonemployee compensation 8 Substitute payments in lieu of E I DI COX dividends or interest This is important tax information and is being furnished to $ $ the Internal Revenue i If S Street address (including apt. no.) 9 Payer made direct sales of 10 Crop insurance proceeds you are erv ce. file a 2525 STILLHOUSE RD $5,000 or more of consumer products to a buyer , a return, negligence (recipient) for resale Do- F-1 $ other sanction may be City, state, and ZIP code 11 12 imposed on you if SHIPPENSBURG, PA 17257 01 this income is taxable and the IRS Account number (optional) 13 Excess golden parachute 14 Gross proceeds paid to determines that it payments an attorney has not been reported. $ $ 15 16 State tax withheld 17 State/Payer's state no. 18 State income $ ------------------------- A 21-16584-0 - ------------------- -------------- ------ -------------------------- Form 1099-MISC (Keep for your records) Department of the Treasury - Internal Revenue Service This ln}orG btion is being furnished to the IRS. if you are required to file a tax return, a negligence C C For EMPLOYEE'S RECORD 2002 54 B No. wee.) See to Em 55-0008 a Control number 1 Wages, tips, other comp. 2 Federal income lax withheld 8197.86 4 3 Social security wages 4 Social security tax withheld b Employer ID number 8197.86 7 5 Medicare wages and tips 6 Medicare tax withheld 23-2074313 8197.86 118.87 c Empioyees name, address, and ZIP code BARMYRE KENNELS 434 PINOLA ROAD SHIPPENSBURG PA 17257 d Employee's social security number 123-60-7938 e Employee's name, address, and ZIP code HEIDI L. COX 2525 STILLHOUSE HOLLOW ROAD SHIPPENSBURG PA 17257 7 Social security tips 8 Allocated tips 9 Advance EIC payment to Dependent care benefits 11 Nonqualifed plans 12a Code 1S Statutory employee 14 Other 12b Code 00 OPT 10 Retirement plan . 12c Code Third-party sick pay 12d Code PA 13188107 1 8197.86 1 229.55 15 State Em Ir.'s state I.D. # 16 State wages. tips. etc. 17 State income tax 18 Local wages, tips, etc. 19 Local income tax 20 Locality name 3596.18 35.96 JAN-JUN 4601.68 46.02 JUL-DEC Form W2 Wage and Tax Statement Dept. of the I reasury - iRS 39 - 1908647 c/ ., it In the Court of Common Pleas of Cumberland County, Pennsylvania DONfESTIC RELATIONS SECTION 13 North Hanover-Street, PO Box-320, Carlis.le, PA 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Please note: All correspondence must include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT _ (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill .put the Supplemental Income Statement which appears on page two of this income and expense statement.) INCOME STATEMENT OF Heidi L. Cox INCOME: Employer Section 1: Income and Insurance BarMyre Kennels Address 434 Pinola.Road, Shippensburg, Pennsylvania 17257 Type of Work Bather[Fluffer Payroll No. Grass Pay per Pay Period S Itemized Payroll Deductions: * See attached 2002 Pay Period (wkly.. bi-wkly., ctc.) Federal Income tax return filed Federal Withholding 5 Social Security 5 Local Wage Tax S State Income Tax S Rttir mcnt• S Savings Bonds S Credit Union S Life Insurance S .Health Insurance S F__her Deductions (specify) ' $ is S S Net Pay per Pay Period S OTHER (Fill in Appropriate Column) . INCOME - WEEK NfONTN YEAR Interest $ . 5 3 Dividends Pension .Annuity Social Security Rcnts Royalties Ex cox Account Gifts Unem lovment Workmen's Coin ensation Other Other TOTAL S S S TOTAL INCOME S q-in•. Tvne M (htirtership PROPERTY • f7WNED DESCRIPTION VALUE H IV J Checking Accounts Bacik Checking S 198.00 % Savings Accounts Credit Union Stocks(Bonds Rtal Estate Other . TOTAL is * H=Husband: W=Wife: J=Joint Form f N-008 • Worker ID ' { a , w Income and Expense Statement Heidi L. Cox PACSES Case Number Coverage INSURANCE COMPANY POLICY b H W C Hospital Bl C ue ross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other * H=Husband; W=Wife; C=Child Section II: Supplemental Income Statement a. This form is to he filled out by a person ? (1) who upcrates a business or practices a profession, or ? (2) who is a member ofa partnership or joint venture, or ? (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, husiness.'profession. corporation or similar entity: (1) the most recent federal Income 'fax Return, and (2) the most recent Prolit and Loss Statement C. Name ol'busincss: I do occasional cleaning for Re/Max Homefinders here in Ship ensburg Address and telephone number: where I am considered an independent contractor. My 2002 Form 1099Is a part of my 2UU2 Federal income tag return, a copy of d. Nature of husiness (check one) which is attached as part of this submission. Income from this activity totaled $1,925 for calendar year 2002. ? (1) partnership ? (2) joint venture ? (3) profession ? (4) closed corporation ? (5) other e. Name of accountant, controller or other person in charge of financial records: f, Annual income from business: (1) flow often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Pace 2 o f 3 Form IN-008 Worker ID Service Type M Income and Expense Statement Heidi L. Cog PACSES Case Number Section M: Expenses Instructions: Only show extraordinary expenses in this section unless you filled out Section 11 on page two. The categories in BOLD FONT are especially importa nt for calculating child support. If you are requesting Spousal Support/APL or if you assert your case cannot be determined according to the guideline grids or formula, this section must be fully completed. Expenses for Heidi--Cox only. These expenses do not include minor children. ** My contribution to monthly househo ld expenses.-- (Fill in Appropriate Column) (Fill in Appropriate Column) EXPENSES EXPENSES WEEK MONTH YEAR (continued) WEEK MONTH YEAR Nome 400. Education Mortgage/Rent S S S Private School S S S Maintenance Parochial School Utilities College Electric S 5 5 Religious Gas Personal Oil Clothing S S S1.000. Telephone 50. Food ] QQ? Water Barber/ 30. Sewer Haird sse Credit Payments Em to ment Credit Card 377. Public Transport. S S 5 Charge Lunch 25. Memberships-2 120, Taxes Loans Real estate S S S Credit Union 5 S S Personal Properly First VA Bak 1.384. lnurancc (repossess d miniv n) I(omeowner's S S is Automobile Miscellaneous Life Household llelp $ S S Accident Child care Health Papers/hooks Other Me.-azines 300. Automobile - T parent 500. Entertainment 200. Payments S S 5 Pay TV Fuel 1 25 Vacation 500. - Repairs 2002 700. Gifts j Medical Leal fees A Charitable Doctor S S S 60. Co 'bul'o s Dentist 973. Other Child Orthodontist Sirrinart onv !-A im Hospital P mcnts Medicine 135. Other Special neW.i IS. Is is (glasses, braces, nrthn chic .evice Total WEEK MONTH YEAR Ex enses: S S $ I verify that the statements made in this Incom e and Expense Statement are true and correct. I understand that false statements herein arc suhicet to the criminal penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date Plaintiff or Defendant Page 3 of 3 Form IN-008 Service Type 1vI Worker ID BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 98-1486 CIVIL HEIDI LEA COX, Defendant IN DIVORCE IN RE: PETITION FOR BIFURCATION ORDER AND NOW, this 211 day of May, 2004, a hearing in the above captioned matter is set for Monday, August 2, 2004, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ,/Michael D. Rentschler, Esquire For the Plaintiff /erry A. Weigle, Esquire For the Defendant :rlm ? 04 00. BY THE COURT, ?., _ -', :.?r T?- .?,. ??: ; t ! 'v ??3?`'? i"?1.?t ,. i ?t i ? C...' G.'% zl k ?: ?' -, : 1 1 ? _. ... ? 1 BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION HEIDI LEA COX, : NO. 98 - 1486 Defendant IN DIVORCE PLAINTIFF'S MOTION TO BIFURCATE DIVORCE AND NOW, comes Brett Cox, Plaintiff, by and through his attorney, Michael D. Rentschler, Esquire, who files the following: 1. Plaintiff is Brett Cox ("Husband") who currently resides at 9 Tiffany Drive, Shippensburg, Pennsylvania. He was born on May 28, 1964. 2. Defendant is Heidi Lea Cox ("Wife") who currently resides at 2525 Stillhouse Hollow Road, Shippensburg, PA. Wife was born on March 22, 1965. 3. The parties were married on October 11, 1986 in New York. The final date of separation was February 28, 1998. Consequently, they have been separated for more than two years. 4. There are three minor children of the marriage for which Plaintiff pays support. 5. The parties have been unable to resolve the property issues that involve a pension and an alimony request from Wife against Husband. 6. It is believed and therefore averred that the parties are interested in obtaining a divorce from each other and are agreeable to the same, but it is unknown if Defendant agrees with this Motion. 7. It is therefore requested that this case be bifurcated in order to permit the entry of a decree in divorce. WHEREFORE, Plaintiff/Husband respectfully requested that this Honorable Court grant the bifurcate the above captioned case and thereby permit the parties to obtain a divorce from each other. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 s CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by Regular Mail to the following: JERRY A. WEIGLE 126 East King Street Shippensburg, PA 17257-1397 _ Date: / z _? :Z!f -? MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff I- I C l -f1 Holy Spirit Hospital 503 North 213t street Camp Hill, Pa. 17011-2288 VENDOR NAME _ CHECK NO. CHECK DATE RIDGE PARTNERS 91489 06/04/04 Page 01 of 01 INVOICE NUMBER DATE P.O. NUMBER INVOICE AMOUNT 'DISCOUNT AMOUNT - NET AMOUNT 1785461780406041015370 06/04/04 92.79 92.79 D-3- bay ? fi1 1 TOTAL $92.79 Camp Hill, Pa. 17011-2288 CHEO:DAT PAYFil {>MlUts1T ;: 06/04/04 .........$92.79 PAY Ninety two and 791100 Dollars TO THE ORDER OF: RIDGE PARTNERS PROTHONOTARY CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE PA 17013 U SECURITY FEATURES INCLUDED. DETAILS ON BACK. (2 N 11209148911' i:03L3127384 5.080 2 5 6 104V JUL 2 3 2004 &? BRETT COX, Plaintiff V. HEIDI LEA COX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 98-1486 IN DIVORCE ORDER AND NOW, this LG` day of 2004, based upon the Agreement to Bifurcate Case, signed by Defendant Heidi Lea Cox, filed in response to the Plaintiff's Petition for Bifurcation, the Petition for Bifurcation is hereby GRANTED. All property issues remaining in this case are hereby preserved. No pension or insurance beneficiary designations shall be changed pending final resolution by the Divorce Master. Based upon the Agreement to Bifurcate attached hereto the hearing scheduled on August 2, 2004, at 9:30 a.m. is hereby cancelled. BY THE COURT: I Z? ?1 The Distribution: Ii A. Weigle, Esquire chael D. Rentschler, Esquire Prothonotary's Office Z r? 07 RGvr? 4 11cft , J. 1? ?.. i ? l ?' `' ? f 1 i., ? C' ?? : ? + ? 1 ? :' ?"'?? ,i?,t7 it !'. ? U?? 'x ?'iS. ., 1.,1 BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO. 98-1486 HEIDI LEA COX, Defendant IN DIVORCE AGREEMENT TO BIFURCATE DIVORCE CASE 1. Plaintiff is Brett Cox ("Husband") who currently resides at 9 Tiffany Drive, Shippensburg, Pennsylvania 17257, and is represented by Michael D. Rentschler, Esquire. 2. Defendant is Heidi Lea Cox ("Wife") who currently resides at 2525 Stillhouse Hollow Road, Shippensburg, Pennsylvania 17257, and is represented by Jerry A. Weigle, Esquire. 3. The parties were married on October 11, 1986, in New York. The final date of separation was February 28, 1998. Consequently, they have been separated for more than two years. 4. Plaintiff filed a Petition for Bifurcation of the above case. That Petition is scheduled for a hearing on August 2, 2004. 5. Plaintiff's counsel received a letter from Defendant's counsel that the Defendant does not oppose the Petition for Bifurcation, provided that the property issues described in the Petition remain at issue. 6. The parties hereto agree that all property issues presently before the Cumberland County Divorce Master shall remain at issue and no pension or insurance beneficiary designations shall be changed pending final resolution of all economic issues by the said Divorce Master. 7. Based on the above, Defendant signifies her agreement to bifurcate this case by signing where indicated. I, Heidi Lea Cox, hereby state that I do not oppose the bifurcation of the above case and, therefore, concur that a divorce decree may be imposed. Date: / I ?G 7 Heidi Lea Cox -; r-.? r? c? --t ; .?- --i ? c.? J ?' -r ; l'?3 3 C ' t ? ) ,e --i'. .. r_` _- - - _?: ,. r ? L? •` tol •. BRETT COX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION HEIDI LEA COX, NO. 98-1486 Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 ( C) of the divorce code was filed on March 18, 1998, by certified mail, restricted delivery, return receipt requested. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and the date of service of the Complaint. 3. 1 consent to the entry of a final decree in divorce after notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I participate in counseling prior to the divorce becoming final. 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. Dated: BRETT COX, Plaintiff C-) C= c r+ G ? :z~ = cjl BRETT COX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION HEIDI LEA COX, NO. 98-1486 Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree in Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: i1alas- BRETT COX, Plaintiff r,> ? =?'j c... :?. _ ??. t ?'?F, ?- -? .w tv tJ't BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENSYLVANIA v CIVIL ACTION NO. 98-1486 CIVIL TERM HEIDI LEA COX, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 18, 1998, by certified mail, restricted delivery, return receipt requested. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and the date of 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. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. Dated: ll Ils rLr HEIDI LEA COX, Defe dant WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 CJI BRETT COX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION HEIDI LEA COX, NO. 98-1486 Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree in Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: ("n / HEIDI LEA COX, Defendant cn m t r:p- -am 174P -MVP. PROOF OF SERVICE OF COMPLAINT (return receipt dated March 19, 1998) 2 e aComplate Nems 1 swor! for eddNio w services. ¦Comploto Nano 3,4a. and 4b. ¦ Print your name and addross on the reveme of this form so that we can return this card to you. ¦?this form to the front of the mailpiace, or on the back N spaa don not ¦ WAls'Rahun Receipt Rsqu wW- on the mWoWm bW w the artice number. ¦The Retum Receipt will show to whom the wWo was d*iwW and the date ddb 9red. .y I also wish to receive the following services (for an extra fee): 1. ? Addressee's Address, 2. ? Restricted Dellvery Consult postmaster for fee. j frlbe? 7 7 .3k f me ?/t ?C tiA p er e? 1 ? Insured for Mefdt s n ke ? COD / / s Address (Only H /egUBYfed is m) . q 102595-97•B-0179 2 0, T Y9 Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 4P - /Y86 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573