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HomeMy WebLinkAbout01-1712 FX r C7 °? DANIEL S. LORENZ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 01-1712 CIVIL ACTION LAW WENDY A. LORENZ Defendant IN CUSTODY ORDER OF COURT AND NOW, this 1 day of , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follow /0.1v0 AP, 1. A Hearin is scheduled in Courtroom No. ? of the Cumberland County Courthouse on the a(0? ay of 200_7 at which time testimony will be taken. For purposes of the Hearing, the Father, aniel S. orenz shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties, or a party pro se, shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the Hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least 10 days prior to the Hearing. 2. Pending further Order of Court or agreement of the parties, the prior Orders of this Court shall continue in effect. Whenever the parties are required to provide 30 days advance notice of vacation under prior Orders, the notice shall be provided in writing by e-mail, regular mail or notice through legal counsel. In the event either party intends to remove a Child or the Children from his or her residence for an overnight period or longer involving either air travel or travel outside of Cumberland County, that party shall provide advance written notice to the other of the address and telephone number where the Children can be contacted. 3. The Father shall be permitted to remove Jonathan from school for a one week hunting trip to Maine in October 2006 on the condition that the absence is determined to qualify as an excused absence by the Child's school. BY THE COURT, t L. Ebert, Jr. Cc: Carol J. Lindsay, Esquire - Counsel for Father Lesley J. Beam, Esquire - Counsel for Mother , Afte4 /nom 14-1-1 9S .C Wd 1- AON 9001 AE vicN0,I-1!vl3{3 3'i1 a0 aolj_aC-03113 ,s? ,3 "Wf . h DANIEL S. LORENZ Plaintiff V5. WENDY A. LORENZ Defendant Prior Judge: M. L. Ebert, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-1712 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND 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 BIRTH CURRENTLY IN CUSTODY OF Lindsay Lorenz November 11, 1988 Mother Jonathan Lorenz October 10, 1989 Father 2. A custody conciliation conference was held on October 20, 2006, with the following individuals in attendance: The Father, Daniel S. Lorenz, with his counsel, Carol J. Lindsay, Esquire, and the Mother, Wendy A. Lorenz, with her counsel, Lesley J. Beam, Esquire. 3. This conciliation conference was scheduled on both the Mother's Petition for Contempt and as a follow-up scheduled in the April 4, 2006 agreed Order after conciliation on March 28, 2006 concerning the Father's request for modification. The parties were unable to reach an agreement at the conference as to the ongoing custody arrangements and it will be necessary to schedule a hearing. 4. The Father's position on custody is as follows: The Father believes that the Child has been doing well in his custody, although the Father does not oppose the Child spending time with the Mother whenever he wants. The Father requested that the Child be permitted to go on a hunting trip to Maine during the week following the conference, if the Child's school were willing to excuse the week long absence. 5. The Mother's position on custody is as follows: The Mother requests primary physical custody of the Child, based on her assertions that the Father does not provide adequate supervision and her understanding of the Child's preference. The Mother opposed the Father's request to remove the Child from school for the hunting trip due to her concern that the Child was having difficulty in keeping up with schoolwork and had recently been given detention for leaving school early. 6. The conciliator recommends an Order in the form as attached scheduling a hearing on the ongoing custodial arrangements and reflecting the notice requirements agreed upon by the parties at the conference. It is expected that the hearing will require at least one-half day. Date Dawn S. Sunday, Esquir Custody Conciliator • s KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeAcomcast.net DANIEL S. LORENZ Plaintiff, vs. WENDYA. LORENZ Defendant. Attorney for Defendant r-? = 3 n:n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1712 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW EXCEPTIONS TO DIVORCE MASTER'S REPORT AND RECOMMENDATION TO THE PROTHONOTARY: Please withdraw the Exceptions to Divorce Master's Report and Recommendations filed in the above captioned support matter. BY: Date: //0(, one Ef Kope, Esquire ID# 92207 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ftorncast. n et Attorney for Defendant DANIEL S. LORENZ : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-1712 WENDY A. LORENZ CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal at Kope & Associates, LLC, do hereby certify that on this 11th day of July, 2006, 1 served a true and correct copy of the foregoing Praecipe to Withdraw Exceptions to the Divorce Masters Report via facsimile, addressed as follows: Carol J. Lindsey, Esq. Saidis, Shuff, Flower & Lindsey 26 West High Street Carlisle, PA 17013 And by hand delivery to the following: E. Robert Elicker, Divorce Master 9 N. Hanover Street Carlisle, PA 17013 KOPE & ASSOCIATES, LLC B / - Jee Wehnert, Paralegal 4 60 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 r DANIEL S. LORENZ, Plaintiff WENDY A. LORENZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 1712 CIVIL IN DIVORCE NOTICE OF FILING MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. Date: 5/11/06 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the oil 1, 1" f proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) 1 's C3 ^' 0 ?y C ca -?-r m? - N - n : c? i ro c^, < G? 0? DANIEL S. LORENZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. iW - 1712 CIVIL WENDY A. LORENZ, Defendant IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on August 9, 2006, December 1, 2006, and April 25, 2006, commencing at 9:00 a.m. APPEARANCES: Carol J. Lindsay Attorney for Plaintiff Shane B. Kope Attorney for Defendant HISTORY The complaint in divorce was filed on March 23, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. On April 6, 2001, the Defendant wife filed a counterclaim raising claims for alimony and counsel fees and expenses. The Master was appointed on April 7, 2005. With respect to grounds for divorce, the parties have filed affidavits of consent and waivers of notice of intention to request entry of divorce decree on December 2, 2005. The affidavits and waivers were dated December 1, 2005. Therefore, the divorce can proceed under Section 3301(c) of the Domestic Relations Code. A conference was scheduled with counsel for husband and the parties on May 17, 2005, at which time counsel for husband and wife were directed to file pretrial statements by July 1, 2005. The Master also set a hearing on the claim of cohabitation raised by husband on August 9, 2005. The hearing went forward after which the Master scheduled a hearing for December 1, 2005, to take testimony on credits which husband is claiming are due him for payments made on account of marital debts, for vehicle repairs and rental car, and for payments for support made to 1 wife voluntarily even though he was making payments on a support order. Said credits for the support payments made directly to wife were to be credited against the payments of support which he was paying at the same time pursuant to a court order. Those credits, however, were never given to husband although the payments were voluntary, and the payments pursuant to the court order were duplicate. The amount of payments that husband claimed he made and for which he should receive credit is $3,000.00. After a day of hearing on the issue of credits, the Master scheduled a hearing for February 21, 2005, which was continued at the Master's request to April 25, 2006. The hearing went forward as scheduled on April 25, 2006, on the factors relating to equitable distribution, alimony, and on pension issues. Also considered by the Master were issues involving the identification and valuation of assets other than the pension and including tangible personal property. The record was closed on April 25, 2006, and the Master proceeded to prepare his report and recommendations. 2 is Om"PRIN" NMI" 717 STIPULATIONS P? Parties and counsel stipulated to the following assets and valuations: Proceeds received from the sale of real estate at 2273 Margaret Drive, Virginia Beach, Virginia Chartway FCU, Account No. 692671 as of 4/1/01 Value of marital portion of husband's military pension as per valuation by Harry Leister Value of wife's survivor annuity on husband's military pension Distribution of household tangible personal property as set forth on the record on April 25, 2006, designating property to be delivered and possessed by husband and property possessed by wife.l $ 38,699.85 251.31 284,442.00 63,565.00 1. The parties could not agree on the distribution of a few items which were not specifically covered by the stipulation but which were recommended by the Master be distributed as follows: coffee table to husband; desk to wife; silver punch bowl to wife; Lenox china set to husband; lithograph to husband; christening pictures of children to wife. It is noted that the Master recommended this distribution to the parties absent their agreement of the items mentioned. 3 FINDINGS OF FACT 1. The parties were married on September 30, 1988. A discussion on the issue of the date of marriage will be subsequently addressed in the Master's report. The parties separated April 1, 2001. This is the first marriage for husband; this is the second marriage for wife. 2. The parties are the natural parents of two children. The minor daughter lives with the wife; the minor son lives with the husband. There is an order entered February 3, 2006, granting custody to the father. The Master was advised at the hearing on April 25, 2006, that there is another hearing scheduled in July 2006 on the custody issues. 3. Husband is 44 years of age and resides at 2211 Circle Road, Carlisle, Pennsylvania. Husband has a Marine Maritime Bachelor of Science degree which he received in 1984 and was commissioned in the United States Navy shortly thereafter. Husband retired from the Navy on May 1, 2004. 4. Husband is employed in a civilian capacity at the US Army War College in Carlisle, Pennsylvania, and is also receiving a pension benefit as a result of his service in the United States Navy. The total net monthly income from the civilian employment and the pension is between $5,100.00 and $5,250.00. Husband's net income will be reduced as a result of payment to wife of a portion of his monthly pension benefit in the amount of $316.14. Husband's payment from the pension will be reduced to $2,235.47.2 5. Wife is 43 years of age and resides at 250 Reeser Road, Camp Hill, Hampden Township, Cumberland County, Pennsylvania. 2. The amount wife will receive monthly from husband's pension is based on her distribution of $95,242.77 computed by the Master giving wife 550 of the marital estate less charges for credits due husband against wife in the amount of $14,477.87. Husband's monthly income will, therefore, be reduced by the amount wife receives from the pension monthly or $316.14. The monthly payment to husband from the pension will be $2,235.47. The computations arriving at the monthly payment for each of the parties was done by Harry Leister, actuary, at the Master's request and authorized by counsel for both parties. 4 6. Wife is a high school graduate and is currently taking courses to obtain a degree as a medical assistant. She indicated that she will graduate in November 2006. Wife currently has reported income of $500.00 per month as rent for a portion of her premises and $200.00 per month, more or less, for taking care of a minor child of a friend. Wife is also receiving support from husband, $628.00 for wife and $1,151.00 per child as allocated on Plaintiff's Exhibit No. 5. The child support issue is in flux inasmuch as there is a continuing dispute regarding custody of the minor son and the necessity of reviewing the parties' incomes following the transfer of a portion of husband's pension to wife. Wife's spousal support payments will terminate upon an alimony payment following the divorce decree. 7. Both parties have indicated that their health is good and any health problems which they may have do not affect their ability to pursue employment. 8. The Master finds that the marital estate consists of the following assets with values ascribed as set forth thereafter: Proceeds from sale of real estate at 2273 Margaret Drive, Virginia Beach, Virginia $ 38,699.85 1996 Volvo 960 vehicle 1,870.00 Chartway FCU, Account No. 692671 251.31 Husband's military pension (marital portion) 284,442.00 Wife's survivor annuity benefit value 63,565.00 Household tangible personal property 3. 0 VALUE OF MARITAL ASSETS $ 388,828.16 3. Distributed pursuant to stipulation placed on the record with additional discussion relating to the Master's distribution of certain specified items in footnote No. 1. No values were assigned to the individual items of personalty assigned to each of the parties for the equitable distribution computation. 5 9. Credits to husband on account of payments by husband for the following obligations:4. 1/2 of mortgage arrearage on Virginia Beach property $ 1,962.00 1/2 of cost of fix up of Virginia Beach property prior to sale and final utility bill 2,056.99 1/2 of payments on Volvo automobile used by wife after separation 4,833.88 1/2 of cost for repairs for 1996 Plymonth Voyager van post-separation and rental car for wife 2,625.00 Payments made by husband after entry of order for support paid while support was being deducted from husband's income for which no credit was ever given by wife or support office 3,000.00 TOTAL CREDITS DUE HUSBAND FROM WIFE $ 14,477.87 10. Husband testified that he has paid on account of costs for pension valuations $400.00. The parties also incurred additional costs for the testimony of Harry Leister and computations which were required by the Master to complete his recommendations on account of equitable distribution and alimony. 11. No objection has been made by either party in these proceedings to the method and adequacy of service of any of the pleadings in the divorce action nor has either party or counsel objected to the jurisdiction of this Court to act in these proceedings. 4. The Master did not overlook that husband wanted credit for a loan from the Lorenz family and AAFES and Newtown charges. The Master did not think the evidence for claims for these credits was compelling. 6 CONCLUSION OF LAW The grounds for divorce are irretrievable breakdown of the marriage. Both parties signed affidavits of consent and waivers of notice of intention to request entry of divorce decree on December 1, 2005. The affidavits and waivers were filed with the Prothonotary on December 2, 2005. The divorce, therefore, can be concluded under Section 3301(c) of the Domestic Relations Code. ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3502(a) OF THE DOMESTIC RELATIONS CODE 1. The parties were married and living together in the marital relationship approximately 13 years and have been separated for approximately 5 years. 2. This is the first marriage for husband; this is the second marriage for wife. 3. Husband is 44 years of age and testified he is in good health. He is currently working as a civilian at the Carlisle Army War College and also receives a military pension. The benefits which husband receives arise out of his employment and his pension. The Master found that his income is between $5,100.00 and $5,250.00 net monthly. As previously noted, the income will be affected by the reduction of husband's pension payment as a result of the equitable distribution to wife of her interest in the pension. Wife is 43 years of age and is currently working toward a degree as a medical assistant. She expects to graduate in November 2006. Her current income is rent received as a result of leasing a portion of her home in the amount of $500.00 per month and for child care for a friend in the approximate amount of $200.00 per month. Wife testified she has borrowed money to pursue her education and attain her degree which will subsequently allow her to obtain employment and receive a monthly income from the employment. 7 ea She testified that her health issues do not affect her ability to work. Any benefits which wife has are as a result of coverage under husband's military retirement benefits. She is currently receiving spousal support and child support as previously enumerated in Paragraph 6 in the findings of fact. 4. Neither party contributed to the education, training or increased earning power of the other. 5. The opportunity for both parties to acquire assets in the future is based on their earnings and contributions through pension and savings plans which may be offered. It is specifically noted, however, that husband is receiving a pension payment monthly as a result of his service from the United States Navy and that wife is entitled to a portion of the marital portion of the pension pursuant to equitable distribution herein. She is also going to receive the survivor benefit annuity in the event of husband's death prior to wife. 6. The sources of income of both parties are related specifically to their employment as well as benefits derived from that employment. Also, both parties will be receiving a payment as a result of husband's retirement from the United States Navy through his pension benefits. 7. Neither party brought any significant assets into the marriage. 8. The value of the property set apart to each party will be what he or she receives in the distribution of the marital assets. Husband does have a non-marital interest in his pension. 9. The standard of living of the parties during the marriage was modest. 10. At the time of the distribution of assets, the economic circumstances of the parties are based on their respective earnings and benefits that they may receive from their present employment, from husband's pension payments from the United States military, as well as assets awarded in the proceedings. 10.1 No testimony was offered specifically on tax ramifications with respect to the distribution and division of the marital estate. 10.2. The marital home was sold prior to the entry of a 8 divorce decree and the expenses of sale have been shared by both parties resulting from that sale, the net proceeds being subject to distribution herein. 11. Wife is serving as the custodian of the parties' minor daughter and husband is serving as the custodian of the parties' minor son. DISCUSSION COHABITATION The Master had a hearing on the issue of whether or not wife was cohabitating with a person of the opposite sex. The hearing was held on August 9, 2005. After carefully reviewing the testimony, the Master determined that the evidence did not support a claim of cohabitation. However, husband's attorney indicated, thereafter, that she wished to add additional testimony as a result of new found evidence. The Master declined to take any further testimony on the issue of cohabitation specifically pointing out that cohabitation is not a bar to alimony until after the divorce has been entered. See Z 3 Pa.C.S.A. Section 3706. Therefore, any testimony relating to cohabitation before the entry of the divorce decree is not determinative of whether or not wife's claim to alimony is barred until after the decree in divorce has been entered. Circumstances and facts may change between now and the entry of a divorce decree; therefore, any further testimony relating to cohabitation should be addressed after 9 0 the entry of the decree in divorce. DISCUSSION DATE OF MARRIAGE The parties entered into a marriage ceremony on September 30, 1988. The Master assumes that the nature of the ceremony involved the exchange of vows at which time the parties were pronounced husband and wife. There has been no testimony indicating that the ceremony was anything but a traditional marriage ceremony and celebration at which time the parties entered into a marriage contract. Shortly thereafter the parties learned that wife's decree in divorce from her prior marriage was.not entered until around October 7, 1988, approximately a week after the marriage ceremony. No evidence has been presented documenting the date of the subsequent decree in divorce although both parties seem to agree that the decree in divorce was dated October 7. Apparently the delay in getting the decree (which wife thought had already been entered when she entered into the marriage with Mr. Lorenz) was a result of either a filing error by her attorney or a procedural error by the Court. In any event, the divorce decree was entered shortly after the parties were married on September 30, 1988. 10 From a technical legal point of view, the marriage that occurred on September 30, 1988, was void. However, the impediment was caused purportedly by a technical error in getting the papers filed and the decree signed. In order to determine the status of the parties' relationship subsequent to the entry of the divorce decree around October 7, 1988, the Master believes that it is important to look at what occurred between the parties after October 7, 1988. The parties continued to hold themselves out as husband and wife, they had children, they bought property together, they affirmed their marriage by their actions and conduct. Further, the Master does believe that when the parties found out about the late entry of the divorce decree, that husband did state to wife that he would continue to care for wife as a spouse and that she should not worry because he regarded her nevertheless as his wife. The legal impediment to the marriage, however, needed to be corrected because of the issue that arose regarding wife's entitlement to military benefits. Therefore, the parties entered into a subsequent ceremony in affirmation of the marriage on October 10, 1993. Nothing changed in the relationship except for the fact that now wife was "legally" entitled to participate in husband's military benefits. The original marriage ceremony of September 11 30, 1988, was clearly a statement of present intent of the parties to take each other as spouses to enter into a marriage contract. The Master does not believe that the legal impediment to the marriage contract, which was corrected within a week of the marriage ceremony, should invalidate a relationship which continued until the parties separated in April 2001. By their conduct and their statements, neither of the parties attempted to disavow the relationship between themselves as a married couple. Husband's attempt to do so has conveniently arisen as a result of the divorce proceedings and wife's claim for marital property. The Court could perhaps construe the facts to validate the relationship between the parties based on the common-law marriage argument but the Master is satisfied to base his findings on the original marriage vows and statement of present intent which the parties entered into on September 30, 1988. The Master does not believe that a legal impediment under these circumstances, which was no fault of the parties and which was very quickly corrected, should invalidate the marriage relationship between these parties. The evidence presented clearly established that the parties intended to be husband and wife from the date of the initial ceremony. Therefore, for purposes of equitable distribution, the Master finds that the parties entered into 12 n n a marital relationship on September 30, 1988. DISCUSSION EQUITABLE DISTRIBUTION Based on the facts found by the Master and the analysis of the factors under Section 3502(a) of the Domestic Relations Code, the Master believes that the distribution of the assets of the parties should be 45% to husband and 55% to wife. Husband, therefore, is entitled to receive $174,972.67 of the total marital estate; wife is entitled to receive $213,855.49 of the total marital estate. Husband is entitled to a credit from wife of payments made on account of marital debt and other payments, and credits which were not given for support payments in the total amount of $14,477.87. The marital assets assigned to husband with the values ascribed thereon are as follows: Share of the marital portion of husband's military pension (before credits) $ 174,721.36 Chartway FCU, Account No. 692671 251.31 TOTAL $ 174,972.67 13 01 The marital assets assigned to wife with the values ascribed thereon are as follows: Proceeds from sale of real estate at 2273 Margaret Drive, Virginia Beach, Virginia $ 38,699.85 1996 Volvo 960 vehicle 1,870.00 Value of wife's survivor annuity benefit 63,565.00 Share of marital portion of husband's military pension (before credits) 109,720.64 TOTAL $ 213,855.49 Husband is entitled to a credit of $14,477.87 from wife's distribution of the marital estate. Wife's share, therefore, of the marital portion of husband's pension is reduced by $14,477.87 leaving a net value to wife from husband's pension of $95,242.77. Husband's credit is added to his share of the marital portion of the pension increasing his pension total to $189,199.23. In considering the factors arriving at the percentage of distribution to each of the parties as forth herein, the Master considered the substantial difference in income of the parties even though the Master is aware that following graduation wife will be able to obtain employment consistent with her degree and improve her income situation. Testimony in the case indicated that during the course of 14 the marriage the most wife earned at any time was $500.00 gross per week as an administrator at a day care center. This employment did not continue consistently throughout her employment history and the income from day care employment subsequent to the administrator's salary was less than the $500.00 gross per week. Wife's earnings, therefore, were never a substantial factor during the course of the marriage. The Master does note that neither of the parties were very conscientious in terms of spending and saving money during the course of the marriage. In fact, at one point husband had to work as a pizza delivery person to supplement the parties' income. The Master, however, does not intend to make any findings regarding the financial life of the parties during the time they were living together and makes no determination as to how the parties spent their money and organized their financial life. Such a review would be irrelevant to current circumstances especially since the parties have been separated for approximately five years. The Master does know, however, that a substantial portion of the marital estate consists of husband's military pension which indicates that the parties, during the course of the marriage, did not accumulate any substantial savings. Husband does have a non-marital portion of his pension which increases his assets and payment monthly and has benefits which have been accruing from his present 15 civilian employment. Wife has yet to find a position which allows her benefits and a reasonable living wage to support herself. Hopefully the degree which wife is working toward will allow her to increase her income and provide her some benefits. Wife is currently living on borrowed funds and a small income from rent and day care services. Consequently, the Master has concluded that wife should be entitled to a distribution of the marital estate at 55% with husband receiving 450. RECOMMENDATIONS EQUITABLE DISTRIBUTION The total value of the marital estate is $388,828.16. Husband is entitled to 45% of the marital estate or $174,972.98; wife is entitled to 55% of the marital estate or $213,815.49. The marital assets and values assigned to husband are as follows: Share of the marital portion of husband's military pension (before credits) $ 174,721.36 Chartway FCU, Account No. 692671 251.31 TOTAL $ 174,972.67 The marital assets and values assigned to wife are as follows: 16 Proceeds from sale of real estate at 2273 Margaret Drive, Virginia Beach, Virginia $ 38,699.85 1996 Volvo 960 vehicle 1,870.00 Value of wife's survivor annuity benefit 63,565.00 Share of marital portion of husband's military pension (before credits) 109,720.64 TOTAL $ 213,855.49 Husband is entitled to credits on account of payments for marital debt and rental and repair of vehicles, and for support payments made following the entry of a support order in the amount of $14,477.87. As a result of the credits, husband's marital portion of the military pension is increased to $189,199.54 and wife's marital portion of husband's military pension is reduced to $95,242.77. The parties will sign all documents necessary to effectuate the distribution of husband's pension and to insure wife's receipt of the survivor benefit annuity. Any titles or documents which need to be signed to transfer ownership of assets to accomplish the distribution will be signed by each of the parties as required. All transfers and documents should be signed and the distribution effectuated within sixty (60) days of a final order in these proceedings. Each party is to receive the tangible 17 personal property pursuant to the stipulation placed on the record. Further, pursuant to the Master's recommendation, the husband will receive the coffee table, Lenox china set, and lithograph. Wife will receive the desk, the silver punch bowl, and christening pictures of the children. ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3701(b) OF THE DOMESTIC RELATIONS CODE When the factors of the Section 3502(a) analysis overlap with the factors of the Section 3701(b) analysis, the analysis under Section 3502(a) is incorporated herein. Additional factors to be considered in the Section 3701(b) analysis in determining the nature, amount, duration, manner and payment of alimony are as follows: 4. Neither party has indicated an expectation of receiving funds or assets from sources other than earnings and pension payments. Neither party indicated any expectation of inheritance. 7. Both parties are presently serving as the custodian of a minor child. The financial obligation of husband is affected by his payment of child support; wife's financial obligation regarding the minor child in her custody is being subsidized by husband's support along with any contributions wife can make from her available income. 11. Neither party brought any property of any significant nature into the marriage. 12. Husband was the primary breadwinner of the family and wife did contribute with employment at various times during the marriage. Both parties assumed duties for caring for the children and maintaining the household as well as contributing earnings from employment. 18 13. Husband is able to meet his needs through his income; wife's income at the present time is minimal which would indicate to the Master that she is not able to meet her expenses through her income. She testified that she is borrowing money to finish her education. Therefore, she will need some continuing contributions from husband in the nature of alimony. 14. No testimony was offered on the factor of marital misconduct. 15. The tax ramifications of alimony for federal tax purposes will be that alimony will be treated as income to wife and as a deduction for husband. 16. Although wife is receiving an unequal distribution of the marital estate as a result of the equitable distribution as recommended by the Master, based on her income presently, and her entitlement to a portion of husband's monthly pension benefit, she does not have sufficient assets or income to provide for her reasonable needs. 17. Wife contributes minimally to her own support because she is going to school to attain an degree which will hopefully allow her full-time employment and increase her income substantially. At the present time, however, she does not have sufficient income, even considering her portion of husband's monthly pension benefit, to totally support herself. DISCUSSION ALIMONY Wife does not have the earning capacity of husband, and although she hopes to increase her earnings through attaining a position as a medical assistant, and also receives a portion of husband's military pension, her net monthly income is less than half the monthly net of husband. 19 n The Master has considered that wife, if she were working, would have additional income but nothing at the level of husband's income. Wife does have an earning capacity. However, the Master also believes that wife's effort to improve her earning capacity by going to school should not be used as a significant factor against her in her alimony claim. After wife graduates from her medical assistant program in November 2006 and attains a position consistent with her education, her earnings will increase and husband can ask the Court at that time to review his alimony obligation. However, at present, the Master believes that alimony for wife is necessary. ALIMONY Husband shall pay to the wife the sum of $500.00 per month through the Domestic Relations Office to begin upon the entry of a divorce decree in these proceedings. The amount and duration of alimony shall be subject to modification and termination on petition of either party as allowed under Section 3701(e) of the Domestic Relations Code. Specific termination provisions in the Domestic Relations Code will also apply. 20 DISCUSSION COUNSEL FEES AND EXPENSES C) Expenses and costs have been incurred as a result of valuing husband's pension and wife's survivor benefit annuity. An exhibit was provided showing a payment of $400.00 to Harry Leister; additional costs will be incurred as a result of his testimony and his computation which the Master has requested be done to indicate the monthly benefit to wife from the pension. Consequently, the Master recommends that the costs for Harry Leister's valuations and computations and testimony be borne equally by both parties. The parties and counsel will compute how the costs will be divided based on who has made payments to Mr. Leister previously and who will make payments for the charges for testimony and computations requested by the Master. Respectfully submitted, E. Robert Elicker, II Divorce Master 21 r> A? cJ; T+ D? LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 CAMP HILL OFFICE: ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 2109 MARKET STREET JAMES D, FLOWER, JR EMAIL: at[orney@sfl-law.com CAMP HILL, PA 17011 CAROL J. LINDSAY w .sfl-law.com TELEPHONE: (717)737-3405 BRIAN C. CAFFREY FACSIMILE: (717)737-3407 GEORGE F. DOUGLAS, III 'THOMAS E. FLOWER REPLY TO CARLISLE MARYLOU MATAS SUZANNE C. HIXENBAUGH February 15, 2006 The Honorable Merte L. Ebert, Jr. Cumberland County Courthouse One Couriiiuusr. Square Carlisle, PA 17013 Re: Lorenz v. 'Lorenz - In Custody Docket No. 2001-1712 - Cumberland County Dear Judge Ebert: This letter will serve as a status report of our attempts to come to an interim custody arrangement in the captioned case. At Ms. Lorenz's request on February 6, 2006, 1 submitted a proposal for a visitation schedule for Jonathan in writing. I have not yet heard back from her any response to that proposal. In the meantime, however, the conciliation conference has been scheduled for March 7. 2006 at 10:00 AM. So far as I know, Jonathan is visiting with his mother and sister without the need of a formal Order, but I will do my best to draft one as soon as I hear from Mrs. Lorenz. Thank you for your help. Very truly yours, SAIDIS, FLOWER & LINDSAY (20ic-6t L)? 01,6u.o Carol J. Lindsay CJ L/bes cc: Daniel Lorenz Wendy Lorenz r Lcl 1 7 2005 REGEA' 15 APR 1,2 2006 Y by- I DANIEL S. LORENZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW APR 1 3 2006 NO. 2001-1712 CIVIL TERM WENDYA. LORENZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of 2006, upon consideration of the within Petition for Emergency Relief, Lindsay Lorenz, born November 11, 1988, and Jonathan Lorenz, born October 10, 1989 shall be in the primary physical custody of their father, Daniel S. Lorenz, from 8:00 AM on April 13, 2006 until 11:00 PM on April 17, 2006. BY THE COURT: J. SAMIS, "WER & LINDSAY .vmmvEVS•nruw 26 West High Street Carlisle, PA DANIEL S. LORENZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2001-1712 CIVIL TERM WENDY A. LORENZ, Defendant IN CUSTODY PETITION FOR EMERGENCY RELIEF AND NOW, comes Daniel S. Lorenz, by and through his counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, Lindsay Lorenz, born November 11, 1988, and Jonathan Lorenz, born October 10, 1989. The children are 17 and 16 years of age, respectively, and attend Trinity High School. 2. Custody of the parties' children is governed by a Court Order of August 20, 2001, providing primary physical custody of the children to Respondent. The Order of August 20, 2001 was amended on February 3, 2006 after a hearing in response to a Petition for Emergency Relief. On February 3, 2006, this Honorable Court provided custody of Jonathan Lorenz to Daniel S. Lorenz pending conciliation. 3. Conciliation in this case was held on March 28, 2006. The Conciliation Order SAMIS, FLOWER & LINDSAY ? --mow 26 West High Street Carlisle, PA has not yet been received, but the Conciliator declined to alter the Court Orders as they presently read. 4. For a Christmas gift in 2005, paternal grandmother, Eileen Lorenz, provided the children with a trip to visit her in Florida over the Easter break. 5. Over the Christmas season, the children advised the Respondent that they were invited to Florida over the Easter break and Respondent averred that she would not permit such a trip. 6. At the conciliation conference on March 28, 2006, Petitioner again sought the Conciliator's help in securing the children for the Easter weekend visit in Florida. The Conciliator pointed out that according to the Order of August 20, 2001, the Easter weekend was a custodial weekend for Petitioner. 7. Even though Petitioner enjoys custody of the children over the Easter weekend, the flight leaving for Florida leaves at 8:00 AM on Thursday, April 13 from Philadelphia, Pennsylvania. The return flight is on Monday, April 17, 2006 at 8:30 PM. 8. Respondent refuses to permit the children to leave on Thursday morning, averring that the custodial weekend does not begin until Friday afternoon and that the children, therefore cannot visit with their maternal grandmother in Florida. 9. It appearing that Respondent will refuse to permit the children to go on their Easter visit, counsel for Petitioner sought the intervention of the Conciliator. A conference call by telephone was attempted, but Respondent would not answer or return the telephone message left trying to schedule such a telephone conference. 10. Both children report to Petitioner that they would very much like to take advantage of the flight to Florida for the Easter weekend. WHEREFORE, Petitioner prays this Honorable Court to enter a temporary Order SAMIS, FLOWER & LINDSAY 26 West High Saeet Carlisle, PA permitting Respondent to exercise physical custody of the children from Wednesday evening from 8:00 PM until Monday evening at 11:00 PM so that he may accompany them on an Easter trip to visit their grandmother. Respectfully submitted, SAIDIS, FLOWER Carol J. Lindsay, q lre Supreme Court I . 44693 26 West High Street Carlisle, PA 17013 717-243-6222 • ?4 VV RIFICATION I verify that the statements made in the foregoing document are understand that false statements herein are made subject to the §4904, relating to unsworn falsifications to pate: INMa vlpw?w BiMMIMESIE 3fivMVIOSUM Q411% PA ZO/Z0 39tld 3NIDVW-XGd 608690ZLIL and correct. 1 Of 18 Pa. C.S. OZ:11 900Z/ZI/40 r CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Wendy Lorenz 250 Reeser Road Camp Hill, PA 17011 SAIDIS, FLOWER & LINDSAY C WWI Carol J. Linds y, squire Supreme Co No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: ? 1) q,°Ik SAMIS, FWVVM & LINDSAY 26 West High Street Carlisle, PA AO T? tr Pw• r ;i ? - 5 t» t? f r!t l U) VJ 0 L Z _x W WN ? M W L O ? ? L r J LL = d r ooh L ca ¢co U cn N U J c?'j y rm LIJ O ? t= !Jn © a- d Cn y a7 s T u¢7?U +SC g'S-` ::Lh ??Q? s 3f A F - i n CO C4 N Elf O Q 0 d U O m a) n ? C ?,EN ? tL C U) } Q Q Z J ? N o ? r- LL U N to N t) RECEIVES .I APR 1 2 2006 ? BY. DANIEL S. LORENZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA APR 13 =5 V. CIVIL ACTION - LAW NO. 2001-1712 CIVIL TERM WENDYA. LORENZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of 2006, upon consideration of the within Petition for Emergency Relief, Lindsay Lorenz, born November 11, 1988, and Jonathan Lorenz, born October 10, 1989 shall be in the primary physical custody of their father, Daniel S. Lorenz, from 8:00 AM on April 13, 2006 until 11:00 PM on April 17, 2006. BY THE COURT: , J. SAIDIS, FI.OV17M & LP4DSAY nrm?e5sarruw ZG West High Street Carlisle, PA DANIEL S. LORENZ, Plaintiff V. WENDY A. LORENZ, Defendant IN THE COURT OF ( CUMBERLAND COU CIVIL ACTION - LAW NO. 2001-1712 CIVIL IN CUSTODY PETITION FOR EMERGENCY RELIEF IOtVPLEJ*,,, EYE IA l AND NOW, comes Daniel S. Lorenz, by and through his counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are parents of two children, Lindsay Lorenz, born November 11, 1988, and Jonathan Lorenz, born October 10, 1989. The children are 17 and 16 years of age, respectively, and attend Trinity High School. 2. Custody of the parties' children is governed by a Court Order of August 20, 2001, providing primary physical custody of the children to Respondent. The Order of August 20, 2001 was amended on February 3, 2006 after a hearing in response to a Petition for Emergency Relief. On February 3, 2006, this Honorable Court provided custody of Jonathan Lorenz to Daniel S. Lorenz pending conciliation. 3. Conciliation in this case was held on March 28, 2006. The Conciliation Order SI& DIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA has not yet been received, but the Conciliator declined to alter the Court Orders as they presently read. 4. For a Christmas gift in 2005, paternal grandmother, Eileen Lorenz, provided the children with a trip to visit her in Florida over the Easter break. 5. Over the Christmas season, the children advised the Respondent that they were invited to Florida over the Easter break and Respondent averred that she would not permit such a trip. 6. At the conciliation conference on March 28, 2006, Petitioner again sought the Conciliator's help in securing the children for the Easter weekend visit in Florida. The Conciliator pointed out that according to the Order of August 20, 2001, the Easter weekend was a custodial weekend for Petitioner. 7. Even though Petitioner enjoys custody of the children over the Easter weekend, the flight leaving for Florida leaves at 8:00 AM on Thursday, April 13 from Philadelphia, Pennsylvania. The return flight is on Monday, April 17, 2006 at 8:30 PM. 8. Respondent refuses to permit the children to leave on Thursday morning, averring that the custodial weekend does not begin until Friday afternoon and that the children, therefore cannot visit with their maternal grandmother in Florida. 9. It appearing that Respondent will refuse to permit the children to go on their Easter visit, counsel for Petitioner sought the intervention of the Conciliator. A conference call by telephone was attempted, but Respondent would not answer or return the telephone message left trying to schedule such a telephone conference. 10. Both children report to Petitioner that they would very much like to take advantage of the flight to Florida for the Easter weekend. WHEREFORE, Petitioner prays this Honorable Court to enter a temporary Order SAWI[S, FWWER & UNDSAY ?ro .nnuw 26 West High Street arlisle, PA permitting Respondent to exercise physical custody of the children from Wednesday evening from 8:00 PM until Monday evening at 11:00 PM so that he may accompany them on an Easter trip to visit their grandmother. Respectfully submitted, SAIDIS, FLOWER Carol J. Lindsay, 8 ire Supreme Court I . 44693 26 West High Street Carlisle, PA 17013 717-243-6222 1MRIFICATIQN I verify that the statements made in the foregoing document are understand that false statements herein are made subject to the penali §4904, relating to unsworn falsifications to authorhie Daniel S. Lorenz Date: ?J R 8a 26 Vwwin Sma Qd1dq PA 70 170 ?15HJ -ANTOWW XVA and correct. I Of 18 Pa. C.S. 60BE5bZLLL OZ:tZ 9002/ZT/b0 .i. CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Wendy Lorenz 250 Reeser Road Camp Hill, PA 17011 SAIDIS, FLOWER & LINDSAY Carol J. Linds y, squire Supreme Co No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: ? 1) q o7 SAIDIS, FLOWER & LINDSAY 26 Wesr High Srreet Carlisle, PA RECEIVED APR 1 2 2006 DANIEL S. LORENZ, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW APR 1 3 2006 NO. 2001-1712 CIVIL TERM WENDYA. LORENZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of 2006, upon consideration of the within Petition for Emergency Relief, Lindsay Lorenz, born November 11, 1988, and Jonathan Lorenz, born October 10, 1989 shall be in the primary physical custody of their father, Daniel S. Lorenz, from 8:00 AM on April 13, 2006 until 11:00 PM on April 17, 2006. BY THE COURT: , J. SAMIS, FWVVER & LINDSAY ATRIRNEYS•A .IAW 26 West High Street Carlisle, PA APR 2 2006 BY: DANIEL S. LORENZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2001-1712 CIVIL TERM WENDYA. LORENZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of 2006, upon consideration of the within Petition for Emergency Relief, Lindsay Lorenz, born November 11, 1988, and Jonathan Lorenz, born October 10, 1989 shall be in the primary physical custody of their father, Daniel S. Lorenz, from 8:00 AM on April 13, 2006 until 11:00 PM on April 17, 2006. BY THE COURT: , J. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA gECFIVED APR 1 2 2006 DANIEL S. LORENZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2001-1712 CIVIL TERM WENDY A. LORENZ, Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of 2006, upon consideration of the within Petition for Emergency Relief, Lindsay Lorenz, born November 11, 1988, and Jonathan Lorenz, born October 10, 1989 shall be in the primary physical custody of their father, Daniel S. Lorenz, from 8:00 AM on April 13, 2006 until 11:00 PM on April 17, 2006. BY THE COURT: , J. SAMIS, LINDSAY nrmnHEVS.nntwW 26 West High Street Carlisle, PA i II i DANIEL S. LORENZ, Plaintiff V. WENDYA. LORENZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-1712 CIVIL TERM IN DIVORCE PLAINTIFF'S EXCEPTIONS TO THE REPORT OF THE DIVORCE MASTER 1. EXCEPTIONS TO THE REPORT OF THE MASTER: 1. The Master erred in Finding of Fact Number 1 when he found that the parties married on September 30, 1988 rather than on October 10, 1993. 2. The Master erred when he refused to take testimony upon newly acquired evidence as to Wife's cohabitation with a member of the opposite sex. 3. The Master erred when he took testimony from Defendant despite Defendant's failure to file an Inventory and Appraisement or an Income and Expense Statement or a Pre-Trial Statement pursuant to the Rules of Civil Procedure even after she had acquired counsel. 4. The Master erred in filing a Supplemental Master's Report seeking additional expert evidence after the expert, Harry Leister of Conrad Siegel Actuaries, was called initially as a witness, provided testimony and was subject to cross-examination by Defendant's counsel and after the record was closed. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Respectfully submitted, SAIDIS, FLOWER&.N-MSAY / Carol J. Lindsa , Es ire Supreme Co ID 44693 26 West High treet Carlisle, PA 17013 717-243-6222 CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 E. Robert Elicker, II, Esquire Office of Domestic Relations 9 North Hanover Street Carlisle, PA 17013 SAIDIS. FLOWER & LINDSAY j Carol J. Lindsay, Esquire Supreme Courtttl No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: s) al lop SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA o G? o - T'' rr a= y _ - fn 65 00 J . s? t KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(&comcast.net DANIEL S. LORENZ Plaintiff, vs. WENDY A. LORENZ Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1712 CIVIL ACTION - LAW IN DIVORCE EXCEPTIONS TO THE DIVORCE MASTER'S REPORT AND SUPPLEMENTAL REPORT 1. The Master erred in allowing the Plaintiff to use outdated income information to calculate the Plaintiffs monthly net pay. The Plaintiff should have been required to use recent income information instead of a pay stub that was one years old. 2. The Defendant was not given any consideration in the support calculation for her continuing medical coverage. Respectfully Submitted. Dated: May 24, 2006 KOPI By: J i Y KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeCd_)comcast.net Attorney for Defendant DANIEL S. LORENZ : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-1712 WENDY A. LORENZ CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal at Kope & Associates, LLC, do hereby certify that on this the 25th day of May, 2006, 1 served a true and correct copy of the foregoing Exceptions to the Divorce Masters Report and Supplemental Report via regular U.S. First Class mail, postage prepaid, addressed as follows: Carol J. Lindsey, Esq. Saidis, Shuff, Flower & Lindsey 26 West High Street Carlisle, PA 17013 E. Robert Elicker, Divorce Master 9 N. Hanover Street Carlisle, PA 17013 KOP & AS ES, LLC By: dl? U/ A lie Wehnert, Paralegal 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 S J 1 dV . N - (ra i7L> R) KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope(ftomcast.net DANIEL S. LORENZ Plaintiff, vs. WENDY A. LORENZ Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1712 CIVIL ACTION - LAW IN DIVORCE A PRAECIPE TO WITHDRAW EXCEPTIONS TO DIVORCE MASTER'S REPORT AND RECOMMENDATION TO THE PROTHONOTARY: Please withdraw the Exceptions to Divorce Master's Report and Recommendations filed in the above captioned support matter. BY: one 13. Kope, Esquire ID# 92207 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 Date: '7 // I JO(O s KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net DANIEL S. LORENZ Plaintiff, vs. WENDY A. LORENZ Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1712 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Julie Wehnert, Paralegal at Kope & Associates, LLC, do hereby certify that on this 11th day of July, 2006, 1 served a true and correct copy of the foregoing Praecipe to Withdraw Exceptions to the Divorce Masters Report via facsimile, addressed as follows: Carol J. Lindsey, Esq. Saidis, Shuff, Flower & Lindsey 26 West High Street Carlisle, PA 17013 And by hand delivery to the following: E. Robert Elicker, Divorce Master 9 N. Hanover Street Carlisle, PA 17013 KOPE & ASSOCIATES, LLC B T ?Ut? J 6e Wehnert, Paralegal 4 0 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 DANIEL S. LORENZ, Plaintiff V. WENDYA. LORENZ, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-1712 CIVIL TERM IN DIVORCE Please withdraw the Exceptions to the Divorce Master's Report and Recommendations filed in the above captioned support matter. Respectfully submitted, SAIDIS, I FLOWER & i LINDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & L Carol J. Lindsay Es Ire Supreme Court o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 CERTIFICATE OF SERVICE I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via facsimile, addressed as follows: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 E. Robert Elicker, II, Esquire Office of Domestic Relations 9 North Hanover Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Linds lre Supreme Cou ID o. 44693 26 West High reet Carlisle, PA 17013 717-243-6222 Dated: July 11, 2006 SAIDIS, FWVVER &z LINDSAY ,vmwse -Uw 26 West High Street Carlisle, PA Apr 0. KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net DANIEL S. LORENZ Plaintiff, vs. WENDY A. LORENZ Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1712 CIVIL ACTION - LAW IN CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Wendy A. Lorenz, in the above captioned custody matter. Date: July 27, 2006 Respectfully Submitted, KOPE & ASSOCIATES, LLC By: 4660 Trindle-R?d., Suite 200 Camp Hill, PA 17011 717-761-7573 . I CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that I served a true and correct copy of the foregoing Praecipe to Enter Appearance on Plaintiffs counsel, Carol Lindsey, Esquire, at the following address via first class mail, postage prepaid on the date set forth below. Carol J. Lindsey, Esq. Saidis, Shuff, Flower & Lindsey 26 West High Street Carlisle, PA 17013 Attorney for Plaintiffs KOPE & ASSOCIATES, LLC Date: July 27, 2006 -Sb ne B. Kope, q. 4660 r , Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 Attorney for Defendant KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 46607rindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net DANIEL S. LORENZ Plaintiff, vs. WENDY A. LORENZ Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1712 CIVIL ACTION - LAW IN DIVORCE & CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Lesley J. Beam, Esq, of Kope & Associates, LLC of 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the . Defendant, Wendy A. Lorenz, in connection with the above-captioned divorce and custody actions. Respectfully Submitted, BY: Lesley/3.am, Esquire ID# 117 4660 Trindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 Date: IIWO(p KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkopeftomcast.net Attorney for Defendant DANIEL S. LORENZ : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-1712 WENDY A. LORENZ CIVIL ACTION - LAW Defendant. IN DIVORCE & CUSTODY CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 28th day of August, 2006, 1 served a true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Carol J. Lindsey, Esq. Saidis, Shuff, Flower & Lindsey 26 West High Street Carlisle, PA 17013 Attorney for Plaintiff KOPE & ASWCIATES, LLC I.D. C"75(' 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 h -I .v 53 Al. DANIEL S. LORENZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-1712 CIVIL ACTION LAW WENDY A. LORENZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, September 07, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 17, 2006 at 10:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: ls/ Daum S. Sunday, ESA. Custody Conciliator .may The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 R e?5- 59M Jfj ,2o. ?S-6 SEP 0 7 200 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamAkopelaw.com Attorney for Defendant DANIEL S. LORENZ : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-1712 WENDY A. LORENZ CIVIL ACTION -LAW Defendant. IN CUSTODY ORDER AND NOW, this day of , 2006, on consideration of Wendy A. Lorenz's Petition For Contempt, it is hereby ORDERED and DIRECTED that: 1. Daniel S. Lorenz, father, will appear for a Contempt Hearing on the day of on at for failure to provide Wendy A. Lorenz 30 day notification for vacation and not providing addresses and telephone numbers, for contact with the children while on vacation in violation of this Court's Order dated August 20, 2001; 2. Daniel S. Lorenz will also be held in contempt for not paying support 2006 before Judge payments since April 11, 2006 as required by this Court's Order/Notice to Withhold Income for Support. Garnishment of wages will begin immediately and arrearages of $ will be paid immediately. Daniel S. Lorenz is to pay Wendy A. Lorenz reasonable costs incurred by her in the preparation and prosecution of his Petition For Contempt. BY THE COURT: KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DANIEL S. LORENZ Plaintiff, vs. WENDY A. LORENZ Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1712 CIVIL ACTION - LAW IN CUSTODY PETITION FOR CONTEMPT OF COURT Petitioner Wendy A. Lorenz by and through her attorneys, Kope & Associates, LLC, hereby moves this Honorable Court to enter an Order of Contempt against Respondent because of his violation of this Court's Custody Order requiring him to give at least 30 days advance notice for any vacations and requiring him to give addresses and telephone numbers where the children can be contacted while on any overnights stays or longer. Petitioner also hereby moves this Honorable Court to enter an Order of Contempt against the Respondent because of his violation of this Court's Support Order requiring him to have his wages garnished. In support thereof, Petitioner avers as follows: 1. Petitioner, Wendy A. Lorenz, is the mother of the below named minor children (collectively "children") and resides at 250 Reeser Road, Camp Hill, PA 17011. 2. Respondent, Daniel S. Lorenz, is the father of the below named minor children (collectively "children") and resides at 2211 Circle Road, Carlisle, Pennsylvania 17011. 3. Lindsey Lorenz, whose date of birth is November 11, 1988, is the natural daughter of Wendy A. Lorenz and Daniel S. Lorenz. 4. Jonathan Lorenz, whose date of birth is October 10, 1989, is the natural son of Wendy A. Lorenz and Daniel S. Lorenz. 5. Petitioner and Respondent separated in April, 2001. 6. On or about March 22, 2001, Respondent filed a Divorce and Custody Complaint. An Order of Court was issued by this Honorable Court on August 20, 2001 laying out the custody arrangement agreed to by the parties. See the August 2001 Order of Court attached as Exhibit "A". This Order of Court has been modified on two occasions but the pertinent portions in question have not been modified. 7. The pertinent portions of the Order of Court with the associating number on the Order of Court are as follows: "3. The Father shall have partial physical custody of the Children on alternating weekends from Friday at 6:00 pm through Sunday at 4:00 pm." "4C. EASTER: The party who has custody of the Children over the Easter weekend under the regular custody schedule shall have custody for the holiday." 'AD INDEPENDENCE DAY/LABOR DAY: The Mother shall have custody of the Children every year over Independence Day, which shall be included in the Mother's week of summer vacation." "5. Each party shall be entitled to have custody of the Children for two weeks (consecutive or non-consecutive) during each summer school vacation upon providing at least 30 days advance notice to the other party. The Mother shall be entitled to have custody under this provision for the week including Independence Day." 119. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide to the other party the address and telephone number where the Children can be contacted." 8. In violation of this Court's Order, the Respondent has extended his custody time over the Easter holiday without advance notice and without permission of the Petitioner, taken the children on vacation without the required 30 day advance notice, taken the children on Independence Day, and refused to give Petitioner addresses and phone numbers where the children could be contacted during these vacations. Specific examples of the Respondent's Contempt of this Honorable Court's Order are as follows: a) The Easter holiday for 2006 was on the Respondent's regular weekend. Per the custody Order the custody was to start at 6:00 pm on Friday and end at 4:00 pm on Sunday. The Respondent wanted to allow the children to go to Florida unattended to visit their paternal grandmother. The flights were purchased to leave on Thursday morning and return on Monday evening which is outside of the custodial arrangement. When the Petitioner did not want the Easter weekend visitation to be extended the Respondent filed a Emergency Petition that was granted by this Honorable Court. See the Emergency Order attached as Exhibit "B". Petitioner was not given the required 30 day advanced notice b) On June 30, 2006, the Friday before the week of July 4t", the Respondent took the children to Maine to visit their great-grandmother in the hospital. This week per the Court Order is specifically reserved as one of Petitioner's vacation weeks. The Respondent took the children to Maine under the pretext that the great-grandmother might be dying. According to the hospital she was having respiratory problems but there was no immediate threat of death. The children were with the Respondent the entire July 4th week. Petitioner was not given the required 30 days advance notice. c) On July 13, 2006, Petitioner wrote the Respondent a letter requesting vacation time with the children from August 10, 2006 to August 24, 2006 to visit Niagra Falls, New York, with family including the maternal grandmother. Respondent made no response to the letter but Respondent informed Jonathan to tell the Petitioner that he could not go because the Respondent had purchased tickets for himself and Jonathan to go to Alaska during that time. These tickets were purchased 11 11m,"I I" I WIN without the required 30 day advance notification to Petitioner and without her consent as is required by the Court's Order. See letter attached as Exhibit "C". d) During all of the above vacations, which have been longer than an overnight, the Respondent has failed to provide the Petitioner with any addresses or phone numbers; nor has he allowed the Petitioner any daily contact with the children. All of said conduct is in direct violation of the Court's Order. 9. On April 11, 2006, this Honorable Court issued an Order/Notice to Withhold Income for Support to Respondent's employer DFAS Cleveland Center, Garnishment OPS, Cleveland, OH 44199-8002. This Order was issued to start garnishing the wages of Respondent for $1,321.89 per month starting with the first pay period occurring ten (10) working days after the date of this Order/Notice. Since this Order was issued on April 11, 2006, the Respondent has not paid the $1,321.89 per month. This amount has not been garnished from his wages and the Respondent has not voluntarily paid any amount to the Petitioner since that time. See Order attached as Exhibit "D". WHEREFORE, Petitioner respectfully requests that (1) this Court hold Respondent in Contempt of the Court's Order attached as Exhibit "A", (2) enforce the Order/Notice to Withhold Income for Support this Court attached as Exhibit "D", and require the Respondent's wages attached for current support and require that arrearages in the amount of $6,609.45 be paid immediately and (3) award Petitioner all counsel fees and costs incurred by him in the preparation of this Petition. Respectfully Submitted, KOPE & ASSOCIATES, LLC Date: By: 44 eResleyMarn VERIFICATION I, Wendy A. Lorenz, verify that the statements made in this Petition 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: 0(_0 I .? Wendy A. Lorenz, Plaintiff Page 1 of 1 nAalaG s. raWmaa, Plaintiff vs. tPA1DY A. LORBNI. DaEe9dent nr aim =MT as am w pLf.Vuw.wl I C0Imffid,AM an=, PSi6IYi VMZA I0. 01-1712 CIVLL TEAM CUM ACLROrr - L11W MMR CC can Alm SAF, this 2.2i"' day Of gI,?n?y w J S.1 , 2001, rpm caeLdretion of the a£Es oDasicdy CbweiLiari? Report, it is craprad end directed as lollawe: 1. Ta MIST# CSw1La1 D. LCMM, and the Moth4r, M12* A. !Clink, stall hew amacei iagal mwtcdy art LLadssy Comm, Men movembew Ili 29M and datatlhen Gams, born October 10, ON. Bch parent shall have an sama right, to be aaarcibed jointly with the other patent, to rake all mejer rrnh.ep COrCy decUICM &ffecbinq she Ohildim'¦ gareral v6l24Aing LmLVdtow, but not limited to, all decisions regarding their health, adwaatidn W4 religion. 2. 1116 Mother e11s1L baVa PLIMUy ph IMI WatCdy Of the ChilArert. 3• on rather shall have partial phyW&U1 aatredy or the thildrad ml alternAtitg ve6ka3da firm rt9day at 6900 P.M. th=Vh 6and1y at 4100 P.M. 4. The rnrti4a-shall share or 61t4rrrite having custody of the rhllftm an Lolidaya as awilwas. A. r VW. III every : the Childree from quit 26 at 4100 p.m. and Do I r 26 at 4:00 p.tr hOlift pariCd f= Dwo at 4100 p.m. shall be a rather hadno aytocy 8athar having sushcdy period of custody from she31 be dbpoed, for t within the ears year in tb Ncbhar shall hew ttletav of gva at 490,7 p.m. tht+0lmh feomdter Father shall have comtndl• ittm wg11 pacashss 30 at 4000 p.m. The 10 it 4:0D p.m. thrc7gh ihn ry 1 tad betwm the parti4sr with the g wan Mnh*cod years we the dd nuwtseld yearp. ana satire ar 30 thraVgn Iamv=y 1 each Yost rpose CC trde Owiaion, to fell Master 3D falls. e. a MLMXUV I 'Ale Modest shall have oustody of the Chi ldn m over the ahanksgLving ha2ift LA CAF nwvered years and the Father aleal2 hew owtady cc the ChildM per the 2banksgLPing holiday 1,91 even numbered years. TrA bpecifie dttea fee tali hniiday Period CC eustudy aball be arranged by agrawok7t of the parties. EXHIBIT http://records.ccpa.net/weblink ext/imageDisplay.aspx?cache=yes&sessionkey=WLlmage... 8/23/2006 to nom. ?\ C. EASTER: The party who has custody of the Children over the Easter weekend under the regular custody schedule shall custody for the D. INDEpEMENcE DAy/LAB3R DAY: The Mother shall- have custody of the Children every year over Independence Day, which shall be included in the Mother's week of summer vacation. The Father shall have custody of the Children every year over the Labor Day weekend 'from Friday at 6:00 p.m. through Monday at 4:00 p.m. The mother shall have custody of the children on the weekend immediately following Labor Day so that neither party has custody 'for three consecutive weekends due to the Labor Day holiday. E. MR-U= DAY/OCL.MEW DAY/VE=ANS DAY: The party who has custody of the Children under the regular schedule on the weekend immediately preceding Memorial Day, Columbus Day and Veterans Day shall have custody of the Children through the Monday holiday at 4:0D p.m. F.. MOMRIS DAY/FATHER'S DAY: The Mother shall have custody of the Children every year on Mother's Day weekend and the Father shall have custody of the Children every year on Father's Day weekend. If necessary, the parties shall exchange the weekend period of custody immediately following the holiday weekend so that neither party has custody of the Children for three consecutive weekends due to the Mother's Day or Father's Day holiday. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5.. Each party shall be entitled to have custody of the children for two weeks (consecutive or non-consecutive) during each summer school vacation upon providing at least 30 days advance notice to the other party. The Mother shall be entitled to have custody under this provision for the week including Independence Day each year.. The Mother shall provide notice to the Father of the Children's camp schedules each year by April 15 so that the Father may select his vacation periods thereafter to accommodate the camp schedule. The party providing notice first of vacation dates shall be entitled to preference on his or her selection. 6. The parties shall follow the recommendations of the Children's counselor with regard to the timing and manner of implementation of the custody schedule set forth in this order. The schedule shall become effective at such time as the Children's counselor determines it is in the Children's best interest to do so. 7. The Father shall provide transportation for all exchanges of custody, unless otherwise agreed between the parties. 8. Neither party shall do or say anything which nay estrange the Children =cm the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Page 1 of 1 Chi.ldesY¦ love and rthpla for khe other pexant. Both pwtios shall alwm met Chiaa pOrtiss havlm omstsat vith the =am eaFlf with this pcmisioa. ta. to tw avant eittwr pwty intanl to lwmm the mildew free his ar het =Mftns fer an OPexttLpht pwtgd ee longer, that peep' dhall Vmlds *a b* Otbw. rafty the eddtass wW trlept?urn Mmbwr 4w- the calam am tad 30. Both pwt4w *mL1 nA in tow ar kbq in tba prewnos of the Childted dwilg his w her pseudo of cwtcdy. LL. Oarmal 'for Mthsr petty may aontaat the m dli¦kat within 90 days at the date of this Ocdtr to memdale en aMitiW4awbady Oohoillatica Rmformums if nwaeeery to address the deeds of tWw mtatlon of the wat;* samidulm. 17. *do War is Gm" pza t to on hgmeteorett of the MCUI P at a Quotudf 0paa1URUaa O[alemoe. Mw parties lam' modify the prevwtlw of this Clder ty mtttml emsent. la the ebmam of eutnai mePmt, me tons of this Order shall cmtetl. BY 7Yt8 NEm@i on: natbbr J. bhsltrn, mopuire - ON=, W father lsurie Baltegiver, ZKvi" - 00mmul for Hwam http://records.ccpa.netlweblink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 8/23/2006 DANIEL S. LORENZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-1712 CIVIL WENDY A. LORENZ, CIVIL ACTION -LAW DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, this 12`h day of April, 2006, upon consideration of the within Petition for Emergency Relief, Lindsay Lorenz, born November 11, 1988 and Jonathan Lorenz, born October 10, 1989 shall be in the primary physical custody of their father, Daniel S. Lorenz, from 9:00 p.m. on April 12, 2006 until 11:00 p.m. on April 17, 2006. IT IS FURTHER ORDERED AND DIRECTED that Wendy A. Lorenz shall have primary physical custody of Lindsay Lorenz and Jonathan Lorenz extended from 9:00 p.m. on Wednesday evening until 11:00 p.m. on Monday evening for a weekend or holiday during which she would be scheduled to have primary physical custody, provided she give 14 days prior written notice to Daniel Lorenz and the Court of her intention to utilize this extended period of primary physical custody. By the Court, Carol Lindsay, Esquire Attorney for Plaintiff Wendy A. Lorenz Defendant bas EXHIBIT hN\ -t U'A M. L. Ebert, Jr., J. COPY FROM FEI;AR® I haft UMO SA" 1111 rht JUL=13-2006 11:10AM FROM-TRIPLE-R RANCH 757-421-4179 T-360 P.006/006 F-921 r3?L'?A 0(. ?l I o ?Q C>z?Z$-`?o cuo a jw? EXHIBIT ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of PennMlvania 752104527 Co./City/Dirt. of CUMBERLAND 435 S 2002 Date of Order/Notice 04/11/06 Case Number (See Addendum for case summary) Employer /Withholder's Federal EIN Number DFAS CLEVELAND CENTER* C/O DFAS CODE L GARNISHMENT OPS PO BOX 998002 CLEVELAND OH 44199-8002 O Original Order/Notice O Amended Order/Notice O terminate Order/Notice RE: LORENZ, DANIEL S. - Employee/Obligor's Name (Last, First, MI) 006-62-9037 Employee/Obligor's Social Security Number 99871DO975 Employee/Obligors Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1321.8 per month in current support $ o. oo per month in past-due support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current and past-due medical support $ 0-.0o per month for genetic test costs $ per month in other (specify). for a total of $ 1321.89 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. if your pay cycle does not match. the ordered support payment cycle, use the following to determine'liow much to withhold: $ 305.0 per weekly pay period. $ 610.1Oper biweekly pay period (every two weeks). $ 660.95 per semimonthly pay period (twice a month). $ 1321.89per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collectionsand Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Empfoyee/Obfigor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH By MAIL. BY THE COURT: Date of Order: APR 11, 2006 -. a EXHIBIT 2 Edward E. a Judge DROCe R.Je Shadday a Form EN-028 Type m y Worker ID 21205 a ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ' ? If gheckeSJ you are required, to provide gopy of this nfo sm to i7 urided to your if yoyrm employee tworks ox is not checl ed. emp different rom the state that issued this or er, a copy 1 . Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-Report n?aydate/Date-ofiM d7holding..- You-must-reP rich. i is paydate/dateof wid*okhngis-thedate-on whidramanntvvaswithh . You must comply with the law of the state of the emp(oyee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination, Notification: You must promptly notify the Requesting Agency when the emplovee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: LORENZ DANIEL S. EMPLOYEE'S CASE IDENTIFIER: 9987100975 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the taw of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 01; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. I I.Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsu.pport.state.pa.us Service Type M Page 2 of 2 OMs No, 0970-0154 Form EN-028 Worker ID 21205 ADDENDUM Summary of Cases do Attachment Defendant/Obligor: LORENZ, DANIEL S. PACKS Case Number 952104527 Plaintiff Name WEMy A. LOREN2 - =mk Attachment Amount 00435 S 2002 $ 1321.89 Child(ren)'s Name(s): LINDSAY ESTELLE LORENZ JONATHAN SCOTT LORENZ PACKS Case Number Plaintiff Name Docket Attachment Amount `- $ 0.00 DOB Child(ren)'s Name(s): 11/11/88 10/10/89 DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount S 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket AttachmentAmount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount g' 0.00 $ 0.00 Child(ren's Name(s): DOB Child(ren)'s Name(s): DOB Service Type M ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum OMB No.: 0970-0134 Form EN-028 Worker ID 21205 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 APRIL 12, 2006 Fax: (717) 240-6245 WENDY ANNE LORENZ 250 REESER RD CAMP HILL PA 17011-1923 Plaintiff Name: WENDY A. LORENZ Defendant Name: DANIEL S. LORENZ Docket Number: 00435 S 2002 PACSES Case Number: 752104527 Other State ID Number: Please note: AO correspondence must include the PACSES Case Number. Case Status Dear wmmy ANNE LORENZ In an effort to keep you informed concerning the progress of the above case the following information is provided: ENCLOSED FIND A COPY OF AN ADDITIONAL WAGE ATTACHMENT DIRECTED TO DFAS FOR THE CHILD SUPPORT. Sincerely, R. J. SHADDAY Form EN-545 vi Service Type M Worker ID 21002 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(&kopelaw.com Attorney for Defendant DANIEL S. LORENZ : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-1712 WENDY A. LORENZ CIVIL ACTION -LAW Defendant. IN CUSTODY CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, hereby certify that on August 30, 2006, 1 served a copy of the within Petition for Contempt by depositing same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Carol Lindsey Saidis, Flower & Lindsey 26 West High Street Carlisle, PA 17013 KOPE & ASSOCIATES, LLC By: XA L esley J. eam, Esquire 4660 ri dle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 vV ? r- IT X:z M1! o P9s DANIEL S. LORENZ, Plaintiff WENDY A. LORENZ, Defendant NOTICE OF FILING OF SUPPLEMENTAL MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. Date: 10/25/06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 1712 CIVIL IN DIVORCE E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the if ._.r proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the 6- record form as set ut in P.R.C.P. 1920.73(b).) a C.TI , . C..:l C _ ? ??t?Rrt?^:,rexnaw?+ra??. im?v,:a!¢,PRWxP,.W?%9¢V»!R?Pi16b?Fi?:? - DANIEL S. LORENZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 9'L - 1712 CIVIL of WENDY A. LORENZ, Defendant IN DIVORCE SECOND SUPPLEMENTAL MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on August 9, 2006, December 1, 2006, and April 25, 2006, commencing at 9:00 a.m. APPEARANCES: Carol J. Lindsay Attorney for Plaintiff Shane B. Kope Attorney for Defendant SECOND SUPPLEMENTAL REPORT In the Master's supplemental report filed on May 15, 2006, the Master directed counsel to do an alternative calculation to ascertain a value of the marital portion of the pension and survivor benefit annuity using the marriage date of September 30, 1988, and to provide, after the recalculation, the monthly benefit each party will receive from the pension. On October 24, 2006, the Master received a letter from counsel for wife stating the monthly pension payments each party would receive doing the recalculation as directed by the Master. The letter from wife's counsel further indicated that Defendant husband's counsel was in agreement with the figures set forth in the letter. Using the figures set forth in the Master's original report in Footnote No. 2, the calculation using the date of marriage of October 10, 1993, resulted in a monthly payment from the pension to wife of $316.14 and a monthly payment to husband of $2,235.47. The figures provided to the Master, doing the recalculation and as set forth in counsels' joint letter of October 20, 2006, states that the monthly payment from the pension to be received by wife is $712.44 and the monthly payment to husband is $1,942.96. All figures used assume that wife has retained a survivor benefit plan interest and have been calculated by Harry Leister, Consulting Actuary. In the original report the Master recommended alimony to be paid by husband to wife in the amount of $500.00 per month. In the supplemental report the Master stated that he would issue a supplemental finding with regard to the alimony recommendation following receipt of the recalculation of the monthly benefit each party would receive. The Master is going to recommend that the payment of alimony be reduced 'h from the original recommendation or to the amount of $250.00 per month. The recalculation of wife's monthly benefit from the pension shows an increased payment to her of $396.30; the recalculation for husband's monthly benefit shows a decrease of $292.51. Reducing husband's alimony obligation to wife in half from the original recommendation will still allow her a monthly increase using the alimony payment of $250.00 and the increase in the pension payment of $398.30 to a net increase of $146.30. The effect on husband, using the recalculation of the monthly payments, will increase his obligation by $42.51 monthly. 1 RECOMMENDATION ALIMONY Husband shall pay to wife the sum of $250.00 per month through the Domestic Relations Office of Cumberland County to begin upon the entry of a divorce decree to be entered in these proceedings. The amount and duration of alimony shall be subject to modification and termination on petition of either party as allowed under Since the pension is in pay status, the monthly payment to wife from the pension is essentially income to her although it is also a distribution to her of a marital asset. The Master has also considered the tax benefit to husband of the alimony payment; because wife's income from sources other than the pension is minimal, the tax consequences to her are insignificant. Section 3701(e) of the Domestic Relations Code. Specific termination provisions in the Domestic Relations Code will also apply. Respectfully submitted, ?Iz 4d E. Robert Elicker, H Divorce Master U?. H, r : : e 7th' , C ti '= vn v _. - I"?iRmsusiw vrtrz? .mmX., y5€fYftNR _. DANIEL S. LORENZ, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-1712 CIVIL WENDY A. LORENZ, CIVIL ACTION -LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 13th day of November, 2006, upon consideration and receipt of the Defendant's Exceptions to the Divorce Master's Report and Supplemental Report, IT IS HEREBY ORDERED AND DIRECTED that the transcript of the testimony of the Divorce Hearing be transcribed with the Defendant paying the costs of the transcript. IT IS FURTHER ORDERED AND DIRECTED that 1. The Defendant shall file a brief in support of the exceptions no later than 15 days after the transcript is filed. 2. The Plaintiff shall file a reply brief no later than 30 days after the transcript is filed. 3. The issues raised in the exceptions will be decided on the briefs unless either party, at the time of filing his or her brief, requests oral argument or the Court directs that oral argument be held. If oral argument is held, it will be scheduled before this Court. J. /rol J. Lindsey, Esquire Attorney for Plaintiff /sley J. Beam, Esquire J Attorney for Defendant X Robert Elicker, Esquire Divorce Master bas By the Court, v. flh I l'd ! en"r1cooZ Ktigcj,l 1 i1 J4; a 1A no :?i:? rt-UJ?iIJ NOV 0 7 2008 t' KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope,@comcast.net DANIEL S. LORENZ Plaintiff, vs. WI=NDY A. LORENZ Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 20901-1712 CIVIL ACTION - LAW IN DIVORCE ORDER Upon receipt of Defendant's Exceptions to the Divorce Master's Report and Supplemental Report it is hereby ORDERED that the transcript of the testimony of the Divorce Hearing be transcribed with costs being paid by Defendant. Further, it is hereby ORDERED that Defendant's Brief will be due on the day of , 2006. Plaintiffs Reply Brief will be due on the day of 2006. J. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibearriftopelaw.com DANIEL S. LORENZ Plaintiff, vs. WENDY A. LORENZ Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1712 CIVIL ACTION - LAW IN DIVORCE EXCEPTIONS TO THE DIVORCE MASTER'S REPORT AND SUPPLEMENTAL REPORT 1. The Master erred in reducing the Defendant's alimony as a result of the increased pension distribution. While Defendant's portion of the pension will be paid out in a monthly fashion, it does not constitute income. To permit the Plaintiff to capitalize on the nature of the marital asset, the Master in essence permits the Plaintiff to "double dip". On the contrary, the distribution of the pension should be viewed as a payout of the marital assets, as it is for Plaintiff. Setting aside Defendant's portion of the pension, Defendant currently has no employment income, and an alimony amount of $500, at a minimum, would be proper. 2. The Defendant was not given any consideration in the support calculation for her continuing medical coverage. 3. The Master erred in allowing the Plaintiff to use outdated income information to calculate the Plaintiffs monthly net pay. The Plaintiff should have been required to use recent income information instead of a pay stub that was over one (1) year old. Respectfully Submitted, KOPE & ASSOCIATES, LLC By. J. Peam, Esquire Dated: November 2, 2006 KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbko a comcast.net Attorney for Defendant DANIEL S. LORENZ : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001-1712 WENDY A. LORENZ CIVIL ACTION - LAW Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, do hereby certify that on this the 6th day of November 2006, 1 served a true and correct copy of the foregoing Exceptions to the Divorce Masters Report and Supplemental Report via regular U.S. First Class mail, postage prepaid, addressed as follows: Carol J. Lindsey, Esq. Saidis, Shuff, Flower & Lindsey 26 West High Street Carlisle, PA 17013 E. Robert Elicker, Divorce Master 9 N. Hanover Street Carlisle, PA 17013 KOPE & MSOCIATES, LLC By: sley J B am, Esquire v ID# 911 5 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 C>N Sri (-, 'ate .-{ 1 t ' -' C'.J h5 " 1 Zk? L DANIEL S. LORENZ, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 01-1712 CIVIL WENDY A. LORENZ, CIVIL ACTION -LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 15" day of November, 2006, the Order of Court dated November 13, 2006 is HEREBY VACATED AND RESCINDED. The Matter is listed for Argument Court on December 6, 2006 and the parties shall follow the briefing schedule as stated in the Local Rules. By the Court, '* -? UA M. L. Ebert, Jr., J. Carol J. Lindsey, Esquire Attorney for Plaintiff Lesley J. Beam, Esquire Cacti il-1s:0j Attorney for Defendant 41 E. Robert Elicker, Esquire ?A dlk? "u, atzl-, Divorce Master bas Cl , d --I j phi -??^? 1 7 (^ t r+f f:i N 90OZ l nJ Fti;i1-11L ?U I?p 41 Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Defendant, Wendy A. Lorenz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DANIEL S. LORENZ, Plaintiff . NO. 01-1712 CIVIL TERM V. : CIVIL ACTION - LAW WENDY A. LORENZ, : IN DIVORCE Defendant CERTIFICATE OF SERVICE I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on December 10, 2008 and December 29, 2008, 1 served a true and correct copy of Defendant's Petition for Contempt Order andtor Enforcement of 121812006 Order of Court, filed on December 10, 2008, upon Plaintiff's legal counsel by mailing same by first class mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 I further certify that on December 29, 2008, 1 served a true and correct copy of the Rule dated December 15, 2008 regarding the aforesaid Defendant's Petition for Contempt Order and/or Enforcement of 121812006 Order of Cour4upon Plaintiff's legal counsel, by mailing same by first class mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 True and correct copies of the cover letters for the aforesaid service are attached hereto and made a part hereof. G. RA CLIFF, ESQUIRE Mey f4 efendant/Petitioner FF 3448 Trindle Road, Camp Hill, PA 1701 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliffCcomcast.net December 10, 2008 Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Re: Daniel S. Lorenz vs. Wendy A. Lorenz Cumberland County Divorce No. 2001-1712 Dear Carol: Enclosed is a copy of the Petition which I filed in the above captioned case on December 10, 2008. A copy of the Rule will be provided to you upon entry by the Court. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Enclosure(s): Petition to Enforce Transmitted to Addressee by mail cc: Wendy Lorenz w/o encl by mail File 8-07-D Duplicate Duplicate -2- 'FF 3448 Trindle Road, Camp Hill, PA-170-1- Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net December 29, 2008 Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Re: Daniel S. Lorenz vs. Wendy A. Lorenz Cumberland County Divorce No. 2001-1712 Dear Carol: I have enclosed copies of the following documents for your review and comment: 1. Petition for Enforcement/Contempt filed on December 12, 2008; 2. Order for Hearing dated December 15, 2008 scheduling the hearing on the Enforcement/Contempt Petition for April 2, 2009 at 3:00 pm. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGR/dr Enclosure(s) Transmitted to Addressee by mail cc: Wendy Lorenz w/encl by mail File 8-07-D Duplicate Duplicate upli a ? A _ F F x` ? ? r . ? ` ?: .... ? s ?? r« ';? ..?._{{ "?' a.C +Q