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Home My WebLink About00-06571 _. KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-6571 CIVIL TERM DENISE G. ROMINGER, Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME NOTICE IS HEREBY GIVEN that DENISE GRACE ROMINGER, Defendant in the above atter, having been granted a Final Decree in Divorce on the ~day of December 2000, hereby elects to resume the prior surname of DENISE GRACE PARKER, and gives this ritten notice pursuant to the provisions of 54 P.S. ~ 704. ate: 2 January 2001 '0.taee Denise Grace Rominger jj/1/J). bI/;l/--G" ~ Denise Grace Parker OMMONWEALTH OF PENNSYLVANIA ) ( SS.: OUNTY OF CUMBERLAND ) On the 2nd day of January , ..1QQl before me, the undersigned officer, ersonally appeared the above, known to me (or satisfactorily proven) to be the person hose name is signed to the within Notice to Resume Prior Surname and acknowledged that he executed theJoregoing for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L Notary Public. SEAl LYNN EHRENFELD. NOTARY PUBLIC LEMOYNE BORO., CUMBERLAND CO. MY COMMISSION EXPIRES AUG. 17 2004 II {.'L'",,:' r~ ~l" ~~ -<\'<, ..; '-<;.""""""'-~'-~.;- ' ""'~,",,''';'''''''_ "'~ilBl;jjf.L'.I~\w-,~~liii~"t,r; ~ ~""o'~ :1.\,._0 :J~F~'_'(! V' ';:111 V!;WJ -,_;\_:,: r'; '.'1 ~ 'ft! " ~'". .><., '" ~ . -.'C::, .~ .", ,'N'," ~" ",'-r,,', ""'~' (") if"= !~~ ~j:~-, <,---,j ~C" Z(-, )> "-) C Z = ..;,. o .::Jj <0 """ '~ ~ it "'l ~ e m , ~ , '-,,- L' " . . . HiHi:+i '" Hi :+i Hi :+i "'''' . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . STATE OF PENNA. Karl E. Romingar . No. 2000-6571 clvn Plaintiff VERSUS . ~nis~ G. Rominq~r D.,f.,ndant . . DECREE IN DIVORCE AND NOW, D e.c..t' ""7 ~ c.) z c:; z. () Of/, IT IS ORDERED AND . . Karl E. Rominq~r DECREED THAT , PLAINTIFF, . AND D~nis~ G. Romingar , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . NONE . ATTE T. / J. . ~~OTHONOTAR' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'I'\)TIll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I , I 'I II j L "_',-~,' ,', ",,', ", < ,~ ,~ \. . '.. )2-do/.t9GJ W-~ ~ ~4~ /;;('07'/"4:7 5<1~ ~ ~'1f/ ,r",o,' '" ~,,__ ~ !!"""l,"~I_"':~T~ , " ,""," ' ""'1 " " ""I' '" >" -~,:, -,~'__"", ".,,, ,~" _ ,.',,-,>,", ~'.-", 1, . ";;-'; \ KARL E. ROMINGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v' CIVIL DNISION DENISE G, ROMINGER, Defendant : NO, 2000-6571 CNIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: L Grounds for divorce: irretrievable breakdown under 9 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Sheriffs delivery dated October 2, 2000, 3, Date of execution of the affidavit of consent required by 9 3301(c) of The Divorce Code: by the Plaintiff; December 29, 2000; by the Defendant; December 29, 2000. 4, Related claims pending: None 5, Date Plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: December 29,2000, " "',~. " , ';;,-". - ~. 6, Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: December 29, 2000. Date: December 29, 2000 ~ ------ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 170 I3 (717) 241-6070 Supreme Court ID No. 81924 '''-''- "'-0;"--"(-' -,-'e ~~ ,I ~' " , ,~,"" "".~ ,.,,~,~ , R.. ~~ "',,~, "hc" " ... ~ '..'" ,. '_'n c, . . ";1 I J 0 C::) , c: a " -..:"" cc) -Of> j"'q 11'1,_"-; :Z::t,' , J <='c ,....V cq~--~- <D 'g - D '.' ~ "'1 < ,'> r_" :< ::u en -< " -",""" " " ~ -.. '~","~,-,~ , - ",":""'-";, ii,~",,,-.-","",,----";~-' "",-,,-.,J.'^"J.,,-,' Karl E, Rominger Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CNIL ACTION - LAW : ~c:aO - &571 : NO, CIVIL TERM : IN DIVORCE v. Denise G, Rominger NOTIcE I You have been sued in court. If you wish tol 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 annl!l1ment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 ~. - ,k--, ',_~_,"_ _ _,~_ ~~,- " -- ':; Karl E. Rominger Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Defendant : CIVIL ACTION - LAW 41';- 4'51/ : NO. CNIL TERM : IN DNORCE v. Denise G, Rominger COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE L Plaintiff is Karl E. Rominger, who currently resides at 1815A Willow Road, Carlisle, Cumberland County, Pennsylvania, since September14, 2000, 2, Defendant is Denise G. Rominger, who currently resides at 231 N. East Street, Carlisle, Cumberland County, Pennsylvania, since about July of 1999, 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing ofthis Complaint. 4, Plaintiff and Defendant were married on November 3, 1997 in or about Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6, The marriage is irretrievably broken, 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling, 8, Plaintiff requests the Court to enter a Decree in Divorce. u.,,~', "_,' ~ - -- "-'-,-,- '~~-""'-'-- ^-- I verifY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. S 4904, relating to unsworn falsification to authorities, Date: 5rrt 212'tJ() / By: 7~ ..' "">. ''--." . .r...::- --.-.,.,..,-~ ,~ . ----- . ,,-~ Karl E. Rominger, Esquire Pro Se ,- ^ '~ .J~"c '0' ~ . '._._~ ,', 'h , <~ -~ , ~~'- "-'-'~ ~:,"-" -, ..,;,' " ,,' "-. ..' --~ ~ ~~ '-- 0- ""- -( ~ ~ -... dJ cl "- U)'1\J b ':'J \) d Ii;'~ ~~ ~~ ~ ~ ::> "':fi- o ~ <: L1 fij mn-1 2:;r) Z!'~ ~r~:; :<:::,-j ~C) ~8 :z :< ~ . o <::) U') M --0 ,"" -.J ~.p :::1 !'?J :';';;p:j ii;~ ~o ~3 ,fTT -; 1; -< "1:J :x ~ ~ ,f:"" - ~" '~~c KARL E. ROMINGER, Plaintiff vs, ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2000-6571 CIVIL ACTION DENISE G, ROMINGER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 27 September 2000 and served upon the Defendant on or about 29 September 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant, 3, I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the 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 and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, Mt'_ o1f o?c?ro , Date it ~. l,_~ ~x .,,;~,', '-,--: -Mil -y, . ,~,.., "I,," "~'''"'''"., ~> ,<_. '~"""""-"~l~- "- '--~,"'~-'- .., ~ -.,..:' - ",",'","""""'", " .......... ~, " , -.--~~" 0 t:=r I.._~.J. ~- 0 ~ ~.;: :::J \'J ,:-; '1 ~~r :"? t5 S~~ ;'''' <.D -<,- !<CJ ~() :s~c~ 9 ' , Pc >: z ..... ::q -< teD -<. . "' ^~ " " - ,,---- . .. - -.'r-- 'c>.........' , KARL E. ROMINGER, Plaintiff vs, ) ~ ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-6571 CIVIL TERM DENISE G, ROMINGER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE 1, I consent to the entry of a final decree in divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this Waiver are true and correct, I understand that false statements herein are subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities. ~ ;;p amtJ , a~~~/~ DENISE G, ROMINGER Date II "1~~ ,7"'-' -~'iJ'_nLlr --"-',", ~..'~,,, "-llilil!iful~~li\:W'-->"';;;';"-'" -"""'" "-'<'1';'> ..~ -...... ^ - ~ (.:"} o r::? ""1 ',::) N ,p 2 z. -'0 CO mcr Z:J;' zc. 8t~ ~ -'-.r z>-z ;-:::-,,--,,' J7C ~ ,. ""I Ii i ;''-~) T)'; ~-~, -",c' -,:~!, - C;? ,~p ~ <0 _-tide KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW NO, 2000-6571 CIVIL TERM DENISE G. ROMINGER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 27 September 2000 and served upon the Defendant on or about 29 September 2000. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant, 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the 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 and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dee ~Zooo Date ~ KARL E. ROMINGER II ~.i.;-" -.I._il <'" -0- ".",,-,~~ ,;i:~ > -', -, ~.",,,, ""I' ',,, ~ I" . -', co -lIiIiIiii' ,-" --- ",' , 0 0 ,~ C CJ ::.0:1 S 0 --JOJ r~~i ," n"tQ\ C) .-'. :z: J' :ZC ~') . ~~;~: <SO , ,", ~C:) '~-" :t",", -;-, .P:C; ---j ~~~~ .~~ ~() ._r... p(= ::J ?l1 '7: ::<: to -<~ , KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO, 2000-6571 CIVIL ACTION DENISE G, ROMINGER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted, 3, I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this Waiver are true and correct, I understand that false statements herein are subject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities, _~e( Date 2 't 2.000 / KARL E, ROMINGER II ~, , ,,"--, ""~ ,,"-, .. rlrJl n--I!\: ~~'J.'~~-" -- ~ , ~"~>' '~r-\("r~" 'F'_,_ ..,- ~" ,__, ,~ ~ < ~ l'-""';i,-- 'v '.""'~''''''''''",,, , ~, --~"- -^ "",',L,~;.,'" , , , , <> a C~~ c C) ~T'1 $: c::J -Ow :--"q -r-! 929',; ,:', i'0 ;--n :z:c;: , CD",;:" '.D -<,,, ,'-\ t:::c> , --i-, ~G 'D " ZC) ..,:,-. 1"6 Pc: C) ~1 z ."" :2 <D :0 -< -~_. ~ ,=~~~" ~- . ~ ""'Wf~~,l\" . SHERIFF'S RETURN - REGULAR CASE NO: 2000-06571 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROMINGER KARL E VS ROMINGER DENISE G BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon ROMINGER DENISE G the DEFENDANT , at 0020:14 HOURS, on the 29th day of September, 2000 at 231 N EAST ST CARLISLE, PA 17013 by handing to 4 DENISE ROMINGER a true and attested copy of COMPLAINT - DIVORCE together with NOTI CE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 3.10 .00 10,00 ,00 31. 10 So A;::~~~ R, Thomas Kline 10/02/2000 KARL C, ROMINGER me this ,J'tt: day of Deputy Snerlff Sworn and Subscribed to before By: (p~ .znro A,D. ~12~~ r thonotary , " ,. " KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-6571 CIVIL TERM DENISE G. ROMINGER, Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of \, 2001, upon consideration of the attached Petition to Enforce Property Settlement Agreement, a Rule is hereby issued upon the Plaintiff to show cause, if any he has, why the relief requested therein should not be granted. Rule returnable days from service upon Plaintiff's counsel of record, BY THE COURT, J. , .. . KARL E. ROMINGER, Plaintiff ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO, 2000-6571 CIVIL TERM DENISE G. ROMINGER, Defendant IN DIVORCE PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT " Ii AND NOW comes the above-named Defendant, Denise G. Parker, formerly Denise G. Rominger, by her attorney, Samuel L Andes, and petitions the court to enforce the terms of a Property Settlement Agreement between the parties dated 15 December 2000, based upon the following: 1, The Petitioner herein is the Defendant who resides at 231 North East Street in Carlisle, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff, Karl E. Rominger, whose address is 155 South Hanover Street in Carlisle, Cumberland County, Pennsylvania, 3. The parties hereto were formerly husband and wife and were divorced by a Decree entered to the above caption in late 2000. 4, Shortly prior to the time of the final decree in divorce between the parties, they entered into a Property Settlement Agreement dated 15 December 2000. A copy of that Agreement is attached hereto and marked as exhibit A. 5, Defendant has breached the Property Settlement Agreement between the parties by failing to perform various obligations he assumed in that agreement. Plaintiff's breaches of the agreement include: A. Plaintiff has failed to make, in full, the cash payment of $53,200.00 required by Paragraph 7 of the Agreement by the time set out in Paragraph 7B and has further failed to make payment of the installments required by Sub-Paragraph 7B. II , ~~' p 8, Plaintiff has failed to make payment of the Judgment Promissory Note, attached as an exhibit to the Property Settlement Agreement and incorporated therein, in accordance with the terms of that. Plaintiff's breach of the Property Settlement Agreement between the parties has caused Defendant significant financial harm in that it has deprived her of the bargain of the Property Settlement Agreement and interfered with her ability to make payment of debts as contemplated by the parties. 6. Defendant has well and truly performed her obligations under the terms of the Property Settlement Agreement between the parties and is entitled to enforce this agreement between Plaintiff. 7. Under the terms of the Promissory Note which is attached as an exhibit to the Property Settlement Agreement, and incorporated therein, Defendant is entitled to attorneys fees of 10% of the balance owed to her by Plaintiff at the time she seeks enforcement of the debt. 8. Plaintiff, by his breach of the agreement, has injured Defendant, WHEREFORE, Defendant prays this court to enforce the terms of the Property Settlement Agreement between the parties, using the full authority granted the court by the Divorce Code, and order, direct, and compel the Plaintiff to pay to the Defendant the full amount now due to her under the terms of the Property Settlement Agreement, with interest at 10% per annum after 15 December 2000, plus attorney's fees equal to 10% of the sum due at the time the court takes its enforcement action, plus her costs in this matter. ~L~jj Attorney for Defendant Supreme Court 10 # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 II -c: , , ~ r VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that any false statements in this Complaint are subject to the penaities of 18 Pa. C.S, 4904 (unsworn falsification to authorities), Date: /1/atd~ r:R~ ~ob2Af~ DENISE G. PARKER , ;:;,;,- , CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition to Enforce Property Settlement Agreement upon the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 Date: 1 April 2002 ~Q~ Sa el L. Andes Attorney for Defendant II ~!PIi _ h ~,~ "C".,;;,C;,; " "lll' ..... . . '-1; ~ i~_;:.;;" :' - ,- ,~ ,~ ,'- " ,;;,;,';u ^-"-'~ il II II ~ :1 ill iil !il I., " .1 'j ,," """" <---" '\, "'I , :1 :1 II 'I ~ II ~' 'rr,j :1 II I I I (') 0 0 C 1''.) "Tl 5: 1'~ "_~I ""Ot,T'1 -""0 ::13 rnp<1 ;;0 ~~ , -"-d;:' <'-~" <,D ,~~ i.. (f)." -<~; '--,f.;1 ~i'~~ '-'or 1 kCi '"U : '.-;1 ~O :Jl: ~;;2Ci --,0 W Om Pc u ~ :z: ::::> '''0 =< ~ =< ~ . _IW._"~"""e .,,-<" . ,- . I" KARL E. ROMINGER, Plaintiff vs. DENISE G. ROMINGER, Defendant AND NOW, this ~ ,otoi~~~" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-6571 CIVIL TERM IN DIVORCE RULE TO SHOW CAUSE day of 2001, upon consideration of the attached Petition to Enforce Property Settlement Agreement, a Rule is hereby issued upon the Plaintiff to show cause, if any he has, why the relief requested therein should not be granted. Rule returnable I I , , 'I I !I I, 'I , il days from service upon Plaintiff's counsel of record. BY THE COURT, J. -"--"""""",,,,",,,,,,,,,,,,,,,<,,,.." - ""~ ~ ,~... ---j~_,,~~t>;.,.,.. ; KARL E. ROMINGER, Plaintiff vs. ) } ) ) ) ) ) } ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-6571 CIVIL TERM DENISE G, ROMINGER, Defendant IN DIVORCE PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND NOW comes the above-named Defendant, Denise G. Parker, formerly Denise G, Rominger, by her attorney, Samuel L, Andes, and petitions the court to enforce the terms of a Property Settlement Agreement between the parties dated 15 December 2000, based upon the following: 1. The Petitioner herein is the Defendant who resides at 231 North East Street in Carlisle, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff, Karl E. Rominger, whose address is 155 South Hanover Street in Carlisle, Cumberland County, Pennsylvania. 3. The parties hereto were formerly husband and wife and were divorced by a Decree entered to the above caption in late 2000. 4. Shortly prior to the time of the final decree in divorce between the parties, they entered into a Property Settlement Agreement dated 15 December 2000. A copy of that Agreement is attached hereto and marked as exhibit A, 5. Defendant has breached the Property Settlement Agreement between the parties by failing to perform various obligations he assumed in that agreement. Plaintiff's breaches of the agreement include: A. Plaintiff has failed to make, in full, the cash payment of $53,200,00 required by Paragraph 7 of the Agreement by the time set out in Paragraph 7B and has further failed to make payment of the installments required by Sub-Paragraph 78. >>~_I.OI_~O ~~ ~ - ~"".,;"'-">l-WY~'<:\'~ ~ 8, Plaintiff has failed to make payment of the Judgment Promissory Note, attached as an exhibit to the Property Settlement Agreement and incorporated therein, in accordance with the terms of that. Plaintiff's breach of the Property Settlement Agreement between the parties has caused Defendant significant financial harm in that it has deprived her of the bargain of the Property Settlement Agreement and interfered with her ability to make payment of debts as contemplated by the parties. 6, Defendant has well and truly performed her obligations under the terms of the Property Settlement Agreement between the parties and is entitled to enforce this agreement between Plaintiff. 7, Under the terms of the Promissory Note which is attached as an exhibit to the Property Settlement Agreement, and incorporated therein, Defendant is entitled to attorneys fees of 10% of the balance owed to her by Plaintiff at the time she seeks enforcement of the debt, 8. Plaintiff, by his breach of the agreement, has injured Defendant, WHEREFORE, Defendant prays this court to enforce the terms of the Property Settlement Agreement between the parties, using the full authority granted the court by the Divorce Code, and order, direct, and compel the Plaintiff to pay to the Defendant the full amount now due to her under the terms of the Property Settlement Agreement, with interest at 10% per annum after 15 December 2000, plus attorney's fees equal to 10% of the sum due at the time the court takes its enforcement action, plus her costs in this matter, &L~JJ Attorney for Defendant Supreme Court 10 # 17225 525 North 12<h Street Lemoyne, PA 17043 (717) 761-5361 I I I "-~_'_"""'"' "'~tI"IT." ~. ~,... .;... ~~." -- ,-~ .~~;,,"_i,",", . VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C,S. 4904 (unsworn falsification to authorities), Date: ;?/alC/L ~ ~~ 12,"" r ~ / . /~~/?~~x:J DENISE G. PARKER i Ii II il ii ,. I' ',I " ,__L......__" .J , " <W.it;..~,_<I.;;;.]' CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition to Enforce Property Settlement Agreement upon the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Karl E, Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 Date: 1 April 2002 s~ Attorney for Defendant 'j;'f:;P~_~~t%'['2t;;,~~,~::_i ,~-;;ii{f.~~\;l_t;~tt?!'~t2' J r I ~. / i i I ! ! l I f ....---',"-',',,-' :, ',i:_' -P" ~~ ';'-;\, ~,- ~~- Ji " ~ "3 c- oo W M '" o .... oo " " c: <Xl co <;(~Q. -IxcD' - 0 c: ~ OJ >- E ' 0 co q ~ cna...J " 'I " 0 UJ . .. '" . A ~ . ~ " ~ Z H 00 Z -< ... ~ . ~ " ~ H , ~ . " >< ~ H ~ . 0 '" ;< ~ . Z H Z 6 Z '" ~ . ;: ;< H ~, ~"~;:' '" "_e~ '~;~ ~~ ., ;;:",-':,"",:,):;:~J%i:-'_::%~i~~~$-2\' t(-t?~;; ,~,,', -~~ .._.~ KARL E, ROMINGER, Plaintiff vs, DENISE G. ROMINGER, Defendant AND NOW, this ".- . . .- ~i<II%",,~~.r~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-6571 CIVIL TERM IN DIVORCE RULE TO SHOW CAUSE day of 2001, upon consideration of the attached Petition to Enforce Property Settlement Agreement, a Rule is hereby issued upon the Plaintiff to show cause, if any he has, why the relief requested therein should not be granted. Rule returnable II il I. i JI li I' 1! I': ii' H (' H ii 'I 'I I i'f ii days from service upon Plaintiff's counsel of record, BY THE COURT, J, ,. ~ -'~~~L-i KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-6571 CIVIL TERM DENISE G. ROMINGER, Defendant IN DIVORCE PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT it ~ ! AND NOW comes the above-named Defendant, Denise G. Parker, formerly Denise G. Rominger, by her attorney, Samuel L, Andes, and petitions the court to enforce the terms of a Property Settlement Agreement between the parties dated 15 December 2000, based upon the following: 1. The Petitioner herein is the Defendant who resides at 231 North East Street in Carlisle, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff, Karl E. Rominger, whose address is 155 South Hanover Street in Carlisle, Cumberland County, Pennsylvania, 3. The parties hereto were formerly husband and wife and were divorced by a Decree entered to the above caption in late 2000, 4. Shortly prior to the time of the final decree in divorce between the parties, they entered into a Property Settlement Agreement dated 15 December 2000. A copy of that Agreement is attached hereto and marked as exhibit A. 5. Defendant has breached the Property Settlement Agreement between the parties by failing to perform various obligations he assumed in that agreement. Plaintiff's breaches of the agreement include: A. Plaintiff has failed to make, in full, the cash payment of $53,200,00 required by Paragraph 7 of the Agreement by the time set out in Paragraph 7B and has further failed to make payment of the installments required by Sub-Paragraph 7B. i I' I' Ii i ~ " ,~~~._~ L. "^ ~ ~'i!ti&',,' B. Plaintiff has failed to make payment of the Judgment Promissory Note, attached as an exhibit to the Property Settlement Agreement and incorporated therein, in accordance with the terms of that. Plaintiff's breach of the Property Settlement Agreement between the parties has caused Defendant significant financial harm in that it has deprived her of the bargain of the Property Settlement Agreement and interfered with her ability to make payment of debts as contemplated by the parties, 6. Defendant has well and truly performed her obligations under the terms of the Property Settlement Agreement between the parties and is entitled to enforce this agreement between Plaintiff. 7. Under the terms of the Promissory Note which is attached as an exhibit to the Property Settlement Agreement, and incorporated therein, Defendant is entitled to attorneys fees of 10% of the balance owed to her by Plaintiff at the time she seeks enforcement of the debt, 8. Plaintiff, by his breach of the agreement, has injured Defendant. WHEREFORE, Defendant prays this court to enforce the terms of the Property Settlement Agreement between the parties, using the.full authority granted the court by the Divorce Code, and order, direct, and compel the Plaintiff to pay to the Defendant the full amount now due to her under the terms of the Property Settlement Agreement, with interest at 10% per annum after 15 December 2000, plus attorney's fees equal to 10% of the sum due at the time the court takes its enforcement action, plus her costs in this matter. I , I Ii ~~@1J "Sari1uel L. Ii.. es . Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 " ,-"~ ....... ,,~ -~ -''Ii.'1iil1r''iW,,<;\:' VERIFICATION I verify that the statements made in this Complaint are true and correct. understand that any false statements in this Complaint are subject to the penaities of 18 I Pa. C.S, 4904 (unsworn falsification to authorities). Date: /;/;?atcA. ~ .?C~ /') M~o7li?A:~~ DENISE G. PARKER I' ;1 ,: ~~.!d,! - .~~~=-~ ~ ~~,~ _ i -~" li'j,~j'j~,<!i; --"< , , ...~. ~' ~ CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition to Enforce Property Settlement Agreement upon the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pa 17013 Date: 1 April 2002 ~Q~ Sa el L. Andes Attorney for Defendant \I I ~ i! II II 1 ~ !f 'Y~~;;:-;.;.'{,,;;~ /;;f;''!''f;~S'{;X I / , 1 ~,]:',"~~ 'c.',:" R'.{,i.",- ',-"_:.-OC 0-""""'- :'"";,,,~:,,/-" ~~.. / rn t ~ . A ~ ~ Z ;:J . "" f< ~ 0 -: -< t !2 H >< .. ~ H d ~ ~ ~ ~ 0 pOt 0; ~ ~ 0 < <: :. VJ re . i:!!';:n''S~; ! 'il"j:,;'",~, ~ " " .: (1) :oJ:; rscn lJ) ~ w " , > '" ~o~ "<: 0 g'co"'" .- J: .- E..c:: '" o~a. 0::0 , , 0 " WU)Ci) ""CLO:e '" l!l '" ><~u " ~ o ~ ~ <: ~ Z ~ H >< 00 Z Z f< o <: f<I H ",.,~llJ_ ," ~L A\~:~~:\)::;-::*r[;~~t%Jrhl&J\J;,0,:',~ :':,"i;'s#X!;\~:,%%~ ':!:i':",~7~'01/~,ij , . KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVil ACTION - lAW NO. 2000-6571 DENISE G. ROMINGER, now DENISE G. KANEL.OS, IN DIVORCE Defendant ,Q~ ORDER OF COURT AND NOW this 1L- day of ~ ' 2003, a Rule is hereby issued upon the Plaintiff, Karl E. om inger, to show cause, If any he has, why the relief prayed for in the attach petition should not be granted. The Rule shall be returnable 1,D days from service. BY THE COURT, J, Distribution: Karl E. Rominger, Esquire (Plaintiff) 155 South Hanover Street, Carlisle, PA 17013 ~~-L Samuel L Andes, Esquire (Attorney for Defendant) J., ~,03 P.O. Box 168, lemoyne, PA 17043 ~, ,I , II I I I i." " . ">' -'~-" ,>-~..-.-" --<i .' ~ ' , -;. Fit ED-()I~T~CE OF ~!:: 1:: :':'H/\~iY 03 r;1,t'lR 1 8 C", l-'--' , j" . .. I: 1..\6 CUi\i;t,~j.Li-',,\::~, :.":,~j~r<! y PENNSYLVAi'iiA ,,, .- --',"~ , -.~. ,--~~~ "'.'~~ "" , ,.,-,^, , ~ l[!nl!\l!w~OO_~~_ ~ =,~~!!nTl"(i'tl"V'V'.!tj_, ...,...~- ~ ' - r'7"~ KARL E, ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-6571 DENISE G, ROMINGER, now DENISE G. KANELOS, IN DIVORCE Defendant PETITION TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND NOW comes the above-named Defendant, by her attorney, Samuel L, Andes, and petitions the court to enforce the terms of a Property Settlement Agreement between the parties, based upon the following: 1. The Petitioner herein is the Defendant, Denise G, Kanelos, formerly Denise G, Rominger, an adult individual who resides at 231 North East Street in Carlisle, Pennsylvania, 2, The Respondent herein is the Plaintiff, Karl E, Rominger, an adult individual who practices law in Cumberland County, Pennsylvania, and maintains an office for that purpose at 155 South Hanover Street in Carlisle, Pennsylvania, 3, The parties are formerly husband and wife and were divorced by a final decree in divorce entered by this court in December of 2000, 4. At the time of the parties divorce, they entered into a Property Settlement Agreement, dated 15 December 2000, to resolve various economic issues involved in their marriage and divorce (the" Agreement"). A copy of the Agreement is attached hereto and marked as Exhibit A. 5. Plaintiff has breached the Agreement in several ways. Specifically: A. The representation made by Plaintiff that there were no debts that he incurred in Defendant's name, set out in Paragraph 6 of the Agreement, was false and was known by Plaintiff to be false when he made it. Prior to the execution of the Agreement, without Defendant's knowledge or consent, he has incurred a debt through Sprint in the amount of $269.00 by signing II Defendant's name without her authorization or consent. Despite repeated I iI demands by Defendant, Plaintiff has failed and refused to pay that debt or to correct the misrepresentation he made in the Agreement. 8, Plaintiff has failed to make the cash payment required by Paragraph 7 of the Agreement, Plaintiff has made partial payment of that debt but, as of 31 December 2002, still owed more than $29,755,00 in principal and interest on said debt. Despite repeated demands by Defendant, Plaintiff has failed and refused to correct his breaches and default of the Agreement. 6, As a result of Plaintiff's conduct in breaching the Agreement, Defendant has been forced to incur legal fees and will be forced to continue to incur legal fees to protect her rights and resolve this matter. 7. Plaintiff's conduct has injured Defendant and continues to cause her financial and other injury and loss. WHEREFORE, Defendant prays this court to take the following actions as authorized by Section 3502 of the Pennsylvania Divorce Code: A, Enter judgment against Plaintiff for the full amount owed to Defendant under the terms of the Agreement; and 8. Award Defendant her reasonable attorneys fees incurred to protect her rights under the Agreement; and C. Order and direct Plaintiff to make timely payment of the sums determined to be due to Defendant, including attorneys fees and interest; and D. Adjudge Plaintiff in contempt of court and take such further actions and impose such further sanctions as may be appropriate in the event that Plaintiff fails to pay the sums determine by this court to be due; and E. Take such other action as the court deems appropriate, proper, or necessary under the circumstances. I sa~A~Q~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 It VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa, C.S. 4904 (unsworn falsification to authorities). Date: 4- tY t!s J!2hft--~~ ~ DENISE G. KANELOS ,I I II _-'L__, CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Petition to Enforce Property Settlement Agreement upon the Defendant herein by regular mail, postage prepaid, addressed as follows: Date: 10 February 2003 iI Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 O.~LWjm Amy M. rklns Secretary for Samuel L. Andes "~::, ,,"" PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this'~ day of -De.t-b../ between: KARL E. ROMINGER, of 155 South Hanover Street in Carlisle, Pennsylvania 17013, hereinafter referred to as "Husband"; and DENISE G. ROMINGER, of 231 North East Street in Carlisle, Pennsylvania, 17013, hereinafter r!;lferred to as "Wife." , 2000, is by and WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 1 November 1997 and no children were born of this marriage; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Husband has initiated an action in divorce filed to No. 2000-6571 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. RESIDENCE AT 231 NORTH EAST STREET. CARLISLE. The parties acknowledge that Wife is the owner of a residence at 231 North East Street which she owned prior to the marriage. Husband hereby confirms that property to be Wife's sole and separate property, free of any further claim by him and he hereby waives and releases any claim to or interest in the property. Wife shall pay and satisfy, in accordance with their terms, the debt secured by the mortgage against the property and all other Page 1 of 9 o~ , ~~, " '~f81~ debts, expenses, or claims arising out of her ownership or occupancy of the property and shall indemnify and save Husband harmless from any loss, cost, or expense caused to him by her failure to do so. 2. HUSBAND'S LAW PRACTICE. The parties acknowledge that Husband owns an operates a private practice of law in Carlisle, Pennsylvania, Wife hereby confirms said practice, and the assets of that practice, including equipment, furnishings, bank account balances, and accounts receivable, to the sole and separate property of Husband and Wife does hereby waive and release any claim to or interest in said assets as marital property, Husband shall pay and satisfy, in accordance with their terms, all obligations, debts, or claims arising out of his ownership and operation of said practice and shall further indemnify and save Wife harmless from any loss, cost, or expense cause to her by his failure to do so, 3. ROMINGER, INC. The parties acknowledge that Husband is a owner of a Pennsylvania business corporation known as "Rominger, Inc.", which said corporation owns and operates various enterprises, including Romingerlegal.com and Romingerweb. Wife does hereby confirm said business and its various parts and assets to be the sole and separate property of Husband and does hereby waive and release any and all claim or interest in said property. Husband shall pay and satisfy, in accordance with their terms, all debts, expenses, and claims arising out of his ownership and operation of such business and its operations and shall indemnify and save harmless Wife from any loss, cost, or claim caused to her by his failure to do so, 4, MOTOR VEHICLES. The parties agree that they will divide, distribute, and otherwise dispose of the motorvehicles owned by them, and any debt associated with those vehicles, as follows: A. Husband waives and releases any interest in or claim to the 1993 Toyota Corolla automobile currently registered in Wife's name and confirms that to be the sole and separate property of Wife. B. Wife shall transfer to Husband all of her right, title, and interest in the Mitsubishi Gallant automobile currently in his possession. The parties will make, execute, acknowledge, and deliver any and all documents necessary to accomplish the transfer or waiver of ownership in the motor vehicles as set Page 2 of 9 ~~~"~.~~ - .~ b , yf~, forth herein. Each of the parties shall be responsible to pay any and all debts, expenses, or other obligations arising out of their ownershipor operation of said motor vehicles and shall indemnify and save the other harmless from any loss, cost, or expense caused to them by their failure to do so. 5, PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement, 6, REPRESENTATION AS TO NO DEBTS. The parties acknowledge that, during their marriage, they created an incurred substantial marital debts, in the form of credit card debts, other consumer credit obligations, and personal loans to lending institutions and credit unions and that all of those debts were incurred either in Wife's name alone or in the name of Wife's parents (with the consent and knowledge of Wife's parents). In exchange for the cash payment provided for herein below, Wife shall pay and satisfy those obligations, including the obligations owed on her parents' credit accounts, and shall indemnify and save Husband harmless from any claim made against him arising out of those debts if he makes the cash payments in accordance with this agreement. Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation, Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not Page 3 of 9 - -~-. ~'~ ~, so contracted any debts unbeknownst to the other up to the time and date of this Agreement, 7, CASH PAYMENT, Husband shall pay to Wife, in accordance with the terms of this Paragraph, the sum of $53,200,00 (FIFTY THREE THOUSAND AND TWO HUNDRED) DOLLARS, as equitable distribution of marital property and on account of the marital debts assumed by Wife in accordance with the preceding Paragraph. Said sum shall be paid as follows: A. Husband shall pay Wife the sum of $4,000.00, in cash or its equivalent, upon the execution of this agreement; and B. Husband shall pay the balance, together with interest at the rate of 10% per annum on the unpaid principal balance, on or before 31 May 2001. Prior to that date, and commencing on the first date of January 2001, and continuing on the first day of the each consecutive month thereafter through the end of May 2001, Husband shall pay Wife an installment of $3,000,00, which said installment shall be applied first to interest due and any balance shall be applied to principal. Husband's obligation to make such payment shall be secured a Promissory Note in the form attached hereto and marked as Exhibit A. Husband's obligations to make the payment to Wife shall not be discharged by, or in any way affected by any petition in bankruptcy or any other proceeding filed under the bankruptcy law of the United States, or any other or similar provision of federal or state law, by Husband or any other party and Husband's obligations to make the payments to Wife required by this agreement shall survive any such bankruptcy action and any purported discharge. Further, Husband agrees that, in the event he becomes a party to any bankruptcy action, he will voluntarily take whatever action is required to confirm or reconfirm the debt to Wife created by this paragraph, Further, the parties agree that the provisions of this paragraph, and the payments Husband is to make to Wife pursuant to it, may be enforced, at either party's option, by the Court of Common Pleas of Cumberland County under any of the provisions of the Pennsylvania Divorce Code, specifically including, but not limited to, the provisions set out in 23 Pa. C,S.A. 3502 (e), and each of the parties reserves onto themselves all rights and remedies, both legal and equitable, afforded them by law. Page 4 of 9 ;,' ~ - -- , _c< 'li!I~'; . 'J . 8, WAIVER OF ALIMONY. SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items, Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. g, WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. Page 5 of 9 . L_"^ 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other, 11. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower,courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 12, DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other, Each of the parties represents that they have reviewed this information with an attorney of their choice, or had the opportunity to review this information with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to Page 6 of 9 '~~~ '",-, ""'.....ot_, . ' compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances. 13. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed, The parties acknowledge that Wife has been represented in this matter by Samuel L. Andes, Attorney-at-Law, and that Husband is an attorney engaged in the private practice of law, and has represented his own interest in this matter. Each of the parties represent that they have had full and ample opportunity to consult with any other attorney of their choice and have elected not to do so. Each of the parties further represents that they have reviewed this agreement, understand it, and are satisfied with its terms and provisions to resolve the economic claims arising out of their marriage and divorce. The parties agree that they shall conclude a divorce as soon as permitted under the law of the Commonwealth of Pennsylvania and that each of them will make, execute, acknowledge, and deliver, or file directly with the court, all affidavits of consent, waivers Page 7 of 9 " ' .l--~" J . . of notice, praecipes to transmit, and other documents required to conclude the divorce prior to 31 December 2000, 14. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 15. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable, 16, NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, ~ ~~ .,,-.-"'" .::. , KARL E, ROMINGER ~~-w~ Witness ~ b Jb,~~ DENISE G, ROMINGER Page 8 of 9 - ,-' ~>~k.~-, . '. . . COMMONWEALTH OF PENNSYLVANIA ) ( SS,: COUNTY OF CUMBERLAND ) On this, the / S-rf-.t day of fJecembf'r , 2000, before me, the undersigned officer, personally appeared KARL E, ROMINGER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNES8 WHEREOF, I hereunto set my hand and official seal. r~~ My Com isslon Expires: L~~MH/&lA~A~ SEAL My COMMlh~NRCfx i;uJI~~[A~~BLlc PIRES AUG 17 co. . 2004 COMMONWEALTH OF PENNSYLVANIA } ( S8.: COUNTY OF CUMBERLAND ) On this, the IS-rt--. day of .oecc~ , 2000, before me, the undersigned officer, personally appeared DENISE G, ROMINGER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Lr~ My Com ISSlon xplres: L~NN EHRM1A~AL SEAL My c:'~7Mg:0.. i;!!!1l~~L~~BLlC EXPIRES AUG 17 CO. . ,2004 Page 9 of 9 Ail;J__~~_~~~~,IllW;t",:;""~~~_M--'J!iI'~. " - ~ -~ .M" - "~. ,<-,~ ~, ~.'~-'~-" . ' ~~ .......' - ~~ ^" ;.~ . Ii I ! '" ! i I 1'1 II I' ~ 11 , , 0 t::J 0 C C.J <'~ -n ~~~ i-~ cO' ~ 7-- ~..._) -~'-' n'l ~:'~ 0, :L ~:') f'-, : ~:::-!_--) ~~-; () )>"- "'" ,-- -Ti CJ "Tj ~~~ -",~ (~ 0 ;"";; rTi ""c> ~~ -< <.v :v -< ~ > '[ Mt', KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DENISE G. ROMINGER, now DENISE G. KANELOS, Defendant NO. 2000-6571 IN DIVORCE I I AND NOW this day of , 2003, upon consideration of the attached Motion to Compel, a conference is hereby scheduled before the undersigned, in Court Room No. of the County Courthouse in , Pennsylvania to commence at o'clock .m. on the ORDER OF COURT day of 2003, BY THE COURT. J. Distribution: Karl E. Rominger, Esquire (pro se) 155 South Hanover Street, Carlisle, PA 17013 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, Lemoyne, PA 17043 1I ~,.- hfIII ~ , ~~~ KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DENISE G. ROMINGER, now DENISE G. KANELOS, Defendant NO. 2000-6571 IN DIVORCE MOTION TO COMPEL AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court to compel the Plaintiff to produce the documents and things previously requested by Defendant, based upon the following: 1. The moving party herein is the Defendant. The responding party herein is the Plaintiff . 2. Defendant has brought an action to enforce provisions of the Property Settlement Agreement between the parties to recover the funds and payments due her from Plaintiff. 3. In mid February of 2003, Defendant served upon Plaintiff a Request for Production of Documents and Things to obtain information about Plaintiff's financial condition and his ability to pay the sums due to Defendant. Attached hereto and marked as Exhibit A is a copy of Defendant's Request, 4. Thereafter, Plaintiff filed Objections to Defendant's Request for Production. A copy of Plaintiff's Objections is attached hereto and marked as Exhibit B, 5. This court should overrule Plaintiff's Objections and compel Plaintiff to provide the documents requested by Defendant for the following reasons: A. Plaintiff's claim that the parties modified the terms of their Agreement is not valid or accurate and is not a basis to deny Defendant the discovery to which she is entitled to enforce her rights under the parties' I Property Settlement Agreement. I I B. Defendant requires the information she has requested to properly prepare this case and present it to the court for proper disposition, II .,,' -~ '~ C. This court will require the information requested by Defendant to properly hear and determine the issues in this case. D. Plaintiff's refusal to provide this information, and the objections he has made to Plaintiff's request, is not a good faith effort to raise valid claims or defenses but is, rather, an effort to delay the disposition of this matter. 6. The determination of Defendant's claim and the enforcement of her rights under the parties' Property Settlement Agreement are being delayed and obstructed by Plaintiff's refusal to provide the information requested by Defendant. WHEREFORE, Defendant moves this court to dismiss Plaintiff's objections and to compel Plaintiff to answer Defendant's Request for Production of Documents, and produce the documents requested. ~~~ Samue . Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 II -~ , '~.>! VERIFICATION I verify that the statements made in this Motion to Compel are true and correct. I understand that any false statements in this Motion to Compel are subject to the penalties of 18 Pa, C.S. 4904 (unsworn falsification to authorities). Date: /7 M<Y.J, 2.:0:)3. 's~ II CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Motion upon the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Date: 1 7 March 2003 ~~\.-'\~(] All ;- n n ) Amy M. rkins Secretary for Samuel L, Andes ~ l ,~_"""'--'- JI- ~ "~ , ~. ID'tJw~ii'!w\iij;" II' I KARL E, ROMINGER, Plaintiff Defendant ) ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION, LAW NO. 2000-6571 DENISE G. ROMINGER, now DENISE G. KANELOS, IN DIVORCE DEFENDANJ'S REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: KARL E, ROMINGER, ESQUIRE 155 South Hanover Street Carlisle, PA 17013 You are requested, in accordance with Pa, R.C,P. 4009, to deliver to the office of the undersigned at 525 North 12th Street, Lemoyne, Pennsylvania, or otherwise make arrangements reasonably satisfactory to the undersigned, for his inspection or examination, copies of the following documents, articles, and things, within twenty (20) days of the date of this Request. For purposes of this Request, all computer records and information available on computer records or within computer programs, should be included within the Request for Production. That is, this Request is not limited to documents or "hard copies" of records, but should include computer records, tapes, disks, and other media as well as paper documents. 1, Copies of your personal tax returns for the years 2000, 2001 and, as soon as lit is prepared, for 2002. 2. Copies of tax returns for any business entity in which you own an interest in excess of 5% of the total ownership interest for the years 2000, 2001 and, as soon as it is available, 2002. l!}iW/illi,\ill'11f!;~\i,;{i\)'iii'\l.il~i;i'~ ~~!IWk~~~t~~";}0,':,."_,~q:~r1;~~~'F~~ ! ;\ l ' ,," " '...,~;; 'i" ',w.,"c\,,,,,,-'i~";~,~,,,.,,~,-,,, ~ "-" ilJJ \,,~_~''''''U~'" ,~ ~ - . "" -'A~'~!iI'ii-.Wi1~; 3, Copies of any and all documents relating to your purchase or other acquisition of any interest in real estate from 1 January 2000 to the present. Such documents should include Deeds, mortgages, sales agreements, installment sales agreements, HUD-1 settlement statements, and other documents related to or confirming such ownership interest. 4, Copies of the check registry or check ledger for all checking accounts which you operate on behalf of yourself or any business which you operate, for the period 1 January 2001 to the present, 5, Copies of all, periodic statements you have received from any bank account, certificate of deposition, mutual fund, stock account, or other asset or account in any financial institution for yourself personally or for any business you operate or from which you derived income on a regular basis from 1 January 2001 to the present. 6, Copies of any partnership agreements, shareholders agreements, buy-sell agreements, or similar agreements to which you are a party which relate to or control your ownership of, operation of, or ownership interest in any business entity in which you have owned an interest since 1 January 2000. 7. Copies of all documents relating to you and confirming the sale or other transfer or liquidation of any interest you have owned in any business since 1 January 2000, 8. Copies of accounts receivable ledgers or records for the law office you operate for the period 1 January 2001 to the present. In producing these documents you may redact the name or other identification of any of your present or prior clients. 9. Documents describing any funds or other assets, including real estate, which you have received by gift or inheritance at any time since 1 January 2000, The documents should include copies of any documents showing what disposition you made of the assets you received in such fashion. """9"L r.d~ Attorney for Defendant Supreme Court 10 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 ~',"'"''''''''''''''''-"'-~"'~'''~> ," t;~",i-iI;ii,"-" CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Request for Production of Documents and Things upon the Plaintiff herein by regular mail, postage prepaid, addressed as follows: Date: 10 February 2003 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 ClrYLSi ~1S---+it1A r.-tJlO Amy M. H rkins Secretary for Samuel L. Andes ';P"~">~ - ~ ~''''"''-''-Jl~~'t:'"" KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-6571 v. DENISE G, ROMINGER, now DENISE G. KANELOS, Defendant IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS AND THINGS TO: SAMUEL 1. ANDES, ESQUIRE 525 N. 12TH STREET P.O. BOX 168 LEMOYNE, PA 17043 ], Plaintiff objects pursuant to Rule 4009.12 and files his objection under Rule 4011 (a) of the Pennsylvania Rules of Civil Procedure, Defendant has made these requests to harass Plaintiff. By way of further answer, said Request for Production of Documents were served contemporaneously with a Petition to Enforce Property Settlement Agreement, which is brought to enforce an agreement which has been superseded by a subsequent ora] agreement of the parties for a weekly payment of $200.00 per week. Thus, said discovery is unnecessary, irrelevant, and if and until a Court determines that Defendant is entitled to enforce any other agreement, serves no legitimate purpose to forward Defendant's interests. 2. Plaintiff objects pursuant to Rule 4009.12 and files his objection under Rule 4011 (a) of the Pennsylvania Rules of Civil Procedure. Defendant has made these requests to harass Plaintiff. By way of further answer, said Request for Production of Documents were served contemporaneously with a Petition to Enforce Property Settlement Agreement, which is brought " . ,.. 'IC,...'t ;,1'1W," 'H1",,1 \ '" " '} ~ -~ ",,~ - ~~ . - ~"i.li~ti~,,~#!~:~i- to enforce an agreement which has been superseded by a subsequent oral agreement of the parties for a weekly payment of$200,OO per week. Thus, said discovery is unneceSSaIY, ilTelevant, and if and until a Court determines that Defendant is entitled to enforce any other agreement, serves no legitimate purpose to forward Defendant's interests. 3. Plaintiff objects pursuant to Rule 4009,12 and files his objection under Rule 4011 (a) of the Pennsylvania Rules of Civil Procedure, Defendant has made these requests to harass Plaintiff. By way of further answer, said Request for Production of Doclmlents were served contemporaneously with a Petition to Enforce Property Settlement Agreement, which is brought to enforce an agreement which has been superseded by a subsequent oral agreement of the parties for a weekly payment of $200.00 per week. Thus, said discovery is unnecessary, ilTelevant, and if and until a Court determines that Defendant is entitled to enforce any other agreement, serves no legitimate purpose to forward Defendant's interests. 4. Plaintiff objects pursuant to Rule 4009.12 and files his objection under Rule 4011 (a) of the Pennsylvania Rules of Civil Procedure, Defendant has made these requests to harass Plaintiff. By way offurther answer, said Request for Production of Documents were served contemporaneously with a Petition to Enforce Property Settlement Agreement, which is brought to enforce an agreement which has been superseded by a subsequent oral agreement of the parties for a weekly payment of $200.00 per week. Thus, said discovery is unnecessary, ilTelevant, and if and until a Court determines that Defendant is entitled to enforce any other agreement, serves no legitimate purpose to forward Defendant's interests, 5. Plaintiff objects pursuant to Rule 4009.12 and files his objection under Rule 4011 (a) of the Pennsylvania Rules of Civil Procedure. Defendant has made these requests to harass - " rc Plaintiff. By way of further answer, said Request for Production of Documents were served contemporaneously with a Petition to Enforce Property Settlement Agreement, which is brought to enforce an agreement which has been superseded by a subsequent oral agreement of the parties for a weekly payment of $200.00 per week. Thus, said discovery is unnecessary, irrelevant, and if and until a Comi determines that Defendant is entitled to enforce any other agreement, serves no legitimate purpose to forward Defendant's interests. 6. Plaintiff objects pursuant to Ru]e 4009.12 and files his objection under Rule 40]] (a) of the Pennsylvania Rules of Civil Procedure. Defendant has made these requests to harass Plaintiff. By way of further answer, said Request for Production of Documents were served contemporaneously with a Petition to Enforce Property Settlement Agreement, which is brought to enforce an agreement which has been superseded by a subsequent oral agreement of the parties for a weekly payment of$200.00 per week. Thus, said discovery is unnecessalY, irrelevant, and if and until a Court detelmines that Defendant is entitled to enforce any other agreement, serves no legitimate purpose to forward Defendant's interests, 7. Plaintiff objects pursuant to Rule 4009.12 and files his objection under Rule 40] I (a) of the Pennsylvania Rules of Civil Procedure, Defendant has made these requests to harass Plaintiff. By way of further answer, said Request for Production of Documents were served contemporaneously with a Petition to Enforce Property Settlement Agreement, which is brought to enforce an agreement which has been superseded by a subsequent oral agreement of the parties for a weekly payment of $200.00 per week, Thus, said discovery is unneceSSalY, irrelevant, and if and until a Comi determines that Defendant is entitled to enforce any other agreement, serves no legitimate purpose to forward Defendallt's interests. ,~,=" -. . ~(l'~~,r 8. Plaintiff objects pursuant to Rule 4009.12 and files his objection under Rule 4011 (a) of the Pennsylvania Rules of Civil Procedure. Defendant has made these requests to harass Plaintiff By way of further answer, said Request for Production of Documents were served contemporaneously with a Petition to Enforce Property Settlement Agreement, which is brought to enforce an agreement which has been superseded by a subsequent oral agreement of the parties for a weekly payment of $200.00 per week, Thus, said discovery is unnecessary, irrelevant, and if and until a Court determines that Defendant is entitled to enforce any other agreement, serves no legitimate purpose to forward Defendant's interests. 9. Plaintiff objects pursuant to Rule 4009.12 and files his objection lmder Rule 4011 (a) ofthe Pennsylvania Rules of Civil Procedure. Defendant has made these requests to harass Plaintiff. By way of further answer, said Request for Production of Documents were served contemporaneously with a Petition to Enforce Property Settlement Agreement, which is brought to enforce an agreement which has been superseded by a subsequent oral agreement ofthe parties for a weekly payment of $200.00 per week. Thus, said discovery is unnecessary, irrelevant, and if and until a Court determines that Defendant is entitled to enforce any other agreement, serves no legitimate purpose to forward Defendant's interests. Respectfully submitted, ROMINGER & BAYLEY .~ - 5?- /0 -- c:3 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff _'~.1'i~"""" ;......, ,.,-"'=- - '"'"~ ~ ~-' l1i~~lNt_m KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2000-6571 v. DENISE G. ROMINGER, now DENISE G. KANELOS, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Karl E, Rominger, Esquire, attorney for Plaintiff, do hereby certifY that I this day served a copy of the Plaintiff's Answers to Defendant's Request for Production of Documents and Things upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: SAMUEL L, ANDES, ESQUIRE 525 N, 12TH STREET P,O. BOX 168 LEMOYNE, PA 17043 Karl E. Rominger, Esquire Attorney for Plaintiff Dated: 3/1 0103 i.;li:l1ilf.'~_...~~-", -~~- 1 ~ ~ 0> -,- .= -.~""" '~'/l~.l>J!l!.llijh't~J\.-&lcr: 1 '. ,.!~\ ,~ ,~ 2 ":l,l,.ki, IN THE COURT OF COMMON PLEAS OF THE . " 39TH JUDICIAL DIS1RIcr, PENNSYLVANIA FRANKLIN COUNTY BRANCH 3 GLENN DICE, CATHERINE DICE, 4 AND DICE PROPERTIES CIVIL AcrION - LAW 5 VS 6 KARL E. ROMINGER NO. 2001-2442 7 APPEARANCES: 8 Paula J. McDermott, Esquire, appears on behalf of 9 the Plaintiffs. lO Karl E. Rominger, Esquire, pro se. 11 ORDER OF COURT 12 13 March 3, 2003, the Court having heard evidence in 14 the above-captioned matter consisting of testimony from 15 Plaintiff Catherine Dice and reviewed exhibits presented, 16 IT IS HEREBY FOUND that Plaintiffs' claim is 17 awarded in the amount of $13,694.30 consisting of unpaid 18 rent of $6,750, late fees of $150, filing fees of $93.50, 19 and reasonable attorneys fees in the amount of $7,450.80. 20 Defendant shall pay said amount within 60 days of the date 21 of this order. 22 By the Court, 23 24 25 ~.....A/6( ~~---J J. C. Paula J. McDermott, Esquire Karl E. Rominger, Esquire 1 Sharon A. Welty, RPR Official Court Reporter , , ,,,. ,-,~ ,-" t_ ~~~~\'i"6llill:lj:!l'lhit,);1~~''''tMllli(t,~_'(;~:W_fJ;_\il'ii;Ji;l;;!0l\~U~l>1i~-t1~l ' " -"""''''''" ."".<b':';lo! ~~lM'rc_"-<""-""'--~' => n c .c .'~"I ,-, cti; /'!- (F" " ~i;'\~ .- ~~ ~~~J :::':1 -~ 1,1 I~~ 'j :tj :ii '" I~ !!j i~: " " I"~ i I, itj ;1 {"') ..: ["~ ;-J \.,.:, 0-') "T'i 0,<:') ::, ~.iI ,;- '-1 ._"i ..~,. :TI -< ~; MAR 2 0 2003 ~ KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DENISE G. ROMINGER, now DENISE G, KANELOS, Defendant NO. 2000-6571 IN DIVORCE ORDER OF COURT AND NOW this day of , 2003, upon consideration of the attached Motion to Compel, a conference is hereby scheduled before the undersigned, in Court Room No. of the County Courthouse in , Pennsylvania to commence at o'clock .m. on the day of 2003, BY THE COURT. i ,I .1 J. Distribution: Karl E. Rominger, Esquire (pro se) 155 South Hanover Street, Carlisle, PA 17013 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, Lemoyne, PA 17043 MAR 2 0 Z003 ~. KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION, LAW DENISE G. ROMINGER, now DENISE G. KANELOS, Defendant NO. 2000-6571 IN DIVORCE ORDER OF COURT AND NOW this day of , 2003, upon consideration of the attached Motion to Compel, a conference is hereby scheduled before the undersigned, in Court Room No. of the County Courthouse in , Pennsylvania to commence at o'clock .m, on .. the day of 2003. BY THE COURT, J, Distribution: Karl E. Rominger, Esquire (pro se) 155 South Hanover Street, Carlisle, PA 17013 Samuel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, Lemoyne, PA 17043 II ( .k,l;t~)~-}:if:.fl{l!{.!""...;;<< ;'1-, r-;-;;-~ :: ~ ~ 'I' ci ' i~ll (-~- ~ j i~IJ t~ ~1 'l.._, I "'" j '~ll a "':' 1.., I ~1! ~t I iii I""" i ,,~, - : ..1,. '.."'.".";;;'''''.''.-'1''-- Jr". ~'''':trrtYv''''' 14 . ~ ,',< ~ ~... '~l":" W 3--; ;c,,' < ~r'I>\.l,;, i--. r....:> -"( Ii ~,:\<.t..,. WI.[) ,of~ ~~'t!~~i\-~" :'E/,_ l~ ",..,~". "'''" ~ ."l{~f~~ '(!."i1o..a:J l'~.~~l>r'\ I""-\.~ ,.1.0"-'0 J"'S f.L ~ \ '-' UJ'!; i , ',i .. " ;,: :-1 :1 i ~ , '~ i ii' \' I' " , i i[ " <! ... 0 rn ftl ~ fl:l ~ "'i ,",'~'" ~ z j m Z -< ~ n g ,.j >< ~ ~ ~ .... ~ E Ol ~ fl:l ~ III 4 ";r ,I" I " I, , __",i '...., -,~ ..... Q) Q) .: ~ ::l..... r:;slfl en ~ WQ)M - > .... ~oo Q)cr-- ~ca~ ,- :r: E.,t:<( 0.....0- C:::l _ o Q) uilfl"iii "i: U"> ": '" LO '" ~....u '. '~ / i j: .,...,...1:. l I,: , 1: 1 I , I I t , I :11 J " k 'I^' I, ,--I i " -',.+:~~~+-t<.;!!1:...~ il\. F"'i-I! 1:51 nil '~i q~! r-~ r~l 'i!H ro \ I." "'" 'OJ qq . . i6... ,," 0 ,.1 t,/;~;, 0.> I '~l' 'II '", I h~L_':'-;~:~::"'l ::rO,'ll. ,,;;,..:jt'ff,'),:-::j~~X (Tl 't~~ r~~:\.'h~: ~~~~ '.-,' $ ~ ~W,n ~~\\ ,%,"\'>i;_" :if": Ii'... ~ ~~ '!';;......'" o:l'~ !~\$~~~,j ~~ h~\;.r'\ ,~I )~_::.. ~;!..(, 4)' 'iio ll., jl-7'L/' i'j':j" LJ ~""J " " o ~ ... en = '"" r-1 ,,~ ;S A'< III z Z"' ill " ~ <G !-< to !a ~ ' - ~ Z 0 E LO E (tl "" Q) enLO...J ,-- " - ,,',"~ ,~i, ".": "';0;"'_ ,,,:;. .',M:: KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW DENISE G. ROMINGER, now DENISE G, KANELOS, Defendant NO. 2000,6571 IN DIVORCE ORDER OF COURT AND NOW this ~ day of attached Stipulation of the parties is hereby , 2003, the order of this court, BY THE COURT, Distribution: ~rl E. Rominger, Esquire (pro se) 155 South Hanover Street, Carlisle, PA 17013 ~muel L. Andes, Esquire (Attorney for Defendant) 525 North 12th Street, Lemoyne, PA 17043 J, . v J\OP\~ \ L \f\~\\e.a... RK3 .5 -I ~-f13 II tjJ - ,..+ C' ,__,"~ ,= ~ ~~ ---" ,"-"" ~" r=[> (\~\::\CE - , , ,\Tli\lY D31',;y 1 d l::" I,: 16 , " " ,~ "J'- -' --', ,"'I-I! lr\\~I-V C'UI';"-- '"I".; ,--~' i I '_h....'.)l'> I ~,:_.-,_. 1--,' ,~ . PENNSY0iANi/l, f'--' ~~ ~_".n~mTIJi'i_~_:"~iIIDl~~ia[t~~~~I~~IiMl,';L\l__-; ~l' KARL E. ROMINGER, Plaintiff vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENISE G. ROMINGER, now DENISE G. KANELOS, Defendant NO. 2000-6571 IN DIVORCE STIPULATION AND NOW come the above-named parties and stipulate and agree as follows: 1, The parties acknowledge that the Plaintiff Karl E. Rominger ("Rominger") currently owes to the Defendant Denise G, Kanelos ("Kanelos"), as a result of the Property Settlement Agreement they executed on 15 December 2002, the sum of Twenty Eight Thousand Twenty-Two ($28,022.00) Dollars, plus an unliquidated claim for reimbursement of Kanelos' counsel fees, The sum of Twenty Eight Thousand Twenty- Two ($28,022.00) Dollars includes all interest due through, and all payments made on or before 8 April 2003. The parties further agree that the sum of Twenty Eight Thousand Twenty-Two ($28,022.00) Dollars continues to bear interest, in accordance with the terms of the Property Settlement Agreement, at the rate of Ten (10%) Percent per annum until paid, 2. Rominger shall make payment on said debt as follows: A. Rominger shall pay Kanelos the sum of One Thousand Six Hundred ($1,600.00) Dollars on or before 22 April 2003, B, Thereafter, commencing on the 15th day of May 2003 and continuing for five consecutive months thereafter, on the 15th day of each month, Rominger shall pay Kanelos the sum of One Thousand Eight Hundred ($1,800,OO) Dollars. The payments made pursuant to this paragraph shall be applied first to interest then due and any remaining portion shall be applied to principal. 3. Rominger shall have the right to pre-pay all or any part of the interest or principal due pursuant to this stipulation at any time without penalty, In the event that the full remaining balance of interest or principal, plus any attorneys fees claimed by I ! II l . ''', ',--.,-;-,- ,. . . ""~'!. . . . Kanelos, has not been paid by 30 September 2003, the parties will re,evaluate the debt and negotiate terms for the payment of any balance of the debt and any attorneys fees claimed by Kanelos. The parties both acknowledge that Kanelos has a claim under the Property Settlement Agreement for the award of attorneys fees incurred by her for the enforcement of her rights under that agreement but that they have not, as yet, been able to agree upon the amount of such fees or terms for the payment of those fees. The parties shall address those fees when they reevaluate the payment terms after 30 September 2003, 4, The parties acknowledge that Kanelos, through her attorney, prepared and served upon Rominger a Request for Production of Documents and Things in February of 2003, Rominger shall, on or before 10 June 2003, produce the documents and things requested and file a verified Answer to that Request and serve a copy upon Kanelos' attorney. 5. The parties agree that this stipulation shall be entered as an order of court to be enforceable by the court under the Divorce Code of Pennsylvania and the Rules of Court, as necessary. IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year first above written. W~ fi ;U~~- /- Karl E. Rominger t(-22-o~ Date: ~ '2211/J( C /~J~ Denise G, Kanelos Date: .s1t;6~ II ',I ;,i. .~,,- -"'~'.n' "' '1 JJJI!~jll!tll"";~~:t-~~~~'dJI-' "!!j <.,y',-".& ~!Il!ilIIIiii"" , , -li . .,-', . '. (") (.::0 0 c: 0_1 -'lj U $.: :'7- .. j r',', fT1 fj'" :i:;~ ,:r.__J L:_ ,-<. 'C::; z: E C~; (j') (,-:' '-:J -< -;: , c:: I,: -,-,' )> u ~H ~~~'; i t1 C.. l't 2: ,:;- ::3 -, ::-:J -< r-:;) -< ,-'-~.' - , -'~ , --~\". KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW NO. 2000-6571 v. DENISE G, ROMINGER, now DENISE G, KANELOS, Defendant IN DIVORCE ANSWER TO PETITION TO ENFORCE PROPERTY SETTLEMENT AND NOW, comes Karl E. Rominger, Pro Se and answers the Rule to Show Cause entered. 1, Admitted. 2. Admitted. 3, Admitted. 4. Admitted, 5. A. Denied. By way of further answer, Answering Plaintiff is without any knowledge of a $269,00 debt outstanding to Sprint. Wife has never provided any proof of the same or any notice of the same, except by orally claiming such notice existed immediately prior to the filing of this Petition, Further, Answering Plaintiff asked to see written proof of the same and/or offered to contact Sprint directly to determine the validity ofthe claim, but no documentation was forthcoming and thus, Answering Plaintiff doubts such claim exists. By way of further answer, it is believed and therefore averred that if in fact any debt to Sprint is outstanding, Wife was aware of it or should have been aware of it at the time of the signing of the agreement and that Answering Plaintiff is in no way in violation of said agreement. B. Denied, By way of further answer, Answering Plaintiff has made payments pursuant to an oral agreement between Plaintiff and Defendant which supersedes paragraph 7 of the agreement. Specifically, Defendant agreed to allow Plaintiff to pay $200.00 per week on a weekly basis, and more, if and when Plaintiff felt Plaintiff was able to do so, This arrangement has been ongoing for approximately a year preceding the filing of this Petition, and it was the specific intent of the parties to replace paragraph 7 with this superseding oral arrangement. 6. Denied. By way of further answer, since Plaintiff was never provided with any documentation or proof of any debt outstanding to Sprint, Plaintiff was not able to investigate the same, and attorney fees for enforcing collection of that matter would not be properly assignable given Defendant's failure to provide any documentation to Plaintiff. Further, since Defendant and counsel are well aware of the superseding oral agreement, and the clear and convincing evidence which would establish the same, an award of attorney fees is inappropriate. 7. Denied and specific proof of the same is demanded WHEREFORE, Plaintiff prays this Court enter judgment in his favor. NEW MATTER 8. Previous paragraphs are incorporated by reference. 9. There is a superseding oral agreement entered into by the parties whereby Defendant would accept $200,00 per week paid by Plaintiff along with whatever additional amounts Plaintiff felt financially able to contribute. 10. This agreement has been in place approximately one (1) year prior to the filing of Defendant's Petition in this matter, and the history of payments and their regularity are evidence -'il'f.;'-'- of this agreement. I 1. Even if this Court were to find that there was not an express modification of the written agreement, there is stilI, by clear and convincing evidence, an implied modification by the actions of the parties. 12, Plaintiff was reasonable in relying upon Defendant accepting $200.00 per week and Plaintiff will be harmed and prejudiced if such reliance is not upheld by this Court. 13. It is believed and therefore averred that the Sprint debt complained of by Defendant was associated with the household phone lines and/or the Sprint account which was used to the mutual benefit of the marriage, and therefore paragraph 6 of the agreement requires Wife to hold Husband harmless and indenmify him against the same. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant. Respectfully submitted, ROMINGER & BAYLEY ~--' Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ill # 81924 Pro Se Date: April 7, 2003 ] - ~-, ~ -~jU;.-t,,- KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 2000-6571 v, DENISE G. ROMINGER, now DENISE G. KANELOS, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, Pro Se, do hereby certify that I this day served a copy of the Answer to Petition to Enforce Property Settlement upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Samuel 1. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 -:~re Pro Se ~ Dated: April 7, 2003 , >"n' .,,__.1' KARL E. ROMINGER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW DENISE G. ROMINGER, now DENISE G, KANELOS, Defendant NO. 2000-6571 IN DIVORCE STIPULATION AND NOW come the above-named parties, by their counsel, and stipulate and agree that the payments due to the Defendant from the Plaintiff, Karl E. Rominger, in accordance with the Property Settlement Agreement signed by the parties in December of 2002, and this Court's order of 15 May 2003, including all interest and attorney's fees, have been paid in full. The Plaintiff, Karl E. Rominger, is hereby released from any further obligation to make payments to the Defendant, Denise E, Kanelos, formerly Denise E. Rominger, under this Court's Order of 15 May 2003. ;7 Karl E. Rominger, Plaintiff ------ ~-~-Q~ I LAndes Attorney for Defendant ';-i:,~ -~ ~, ',' ,I;;.~L.l.~,~, , Co,;, ""'JtII' ~"'" . ~~~Ii~lll;,~&~~ :'.' -d--U)-'"" "-i.\<'t".,; , --,,~""- ~--'~" ,-"'- -~, ~ -~ -' ...;"~= ' C) c: _~ S: cr":{D:~ ;f;~:; ;::::;(;: ~ -' "'-"c..\ 5f:C:i' <;:: < =< l'\) "~I [;g """ ...... Co? r-,-, " I Cl:l !i? 5! f11:r.:J _ r- :.88 0.1 -IQ ;t:H 0;,< /",> 01"11 :---1 .11 -< ~ - .r:-- - ,