HomeMy WebLinkAbout01-2080 FX
APR 1 0 2001
ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
AND NOW, this day of
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 0 1 o2??'O
IN DIVORCE
ORDER OF COURT
200, upon consideration of the attached
Complaint, it is hereby directed that the parties and their respective counsel appear before
the conciliator, at on
the _ day of 2001, at _.m., 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.
FOR THE COURT,
By:,
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans With Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the Court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the Court. You must attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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ELISA S. COHEN,
V.
Plaintiff
SCOTT A. COHEN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:NO. Q`'O7D 0
IN DIVORCE
ORDER OF COURT
AND NOW, this day of , 2001, upon consideration of the
Plaintiffs Petition For Special Relief, filed herein,
A RULE IS HEREBY ISSUED upon Defendant, SCOTT A. COHEN, to show cause,
if any he has, why the relief requested therein should not be granted.
RULE RETURNABLE days after service by mail.
IT IS FURTHER ORDERED AND DECREED that a preliminary injunction is
issued, directing Defendant, SCOTT A. COHEN, pending hearing, to designate and maintain
Plaintiff as the sole primary survivor beneficiary of any life insurance on his life and of his
military retirement benefits and to cooperate as required to provide medical services and other
military benefits for Plaintiff and the minor children of the parties.
BY THE COURT:
J.
ELISA S. COHEN,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. o/-,VP6
SCOTT A. COHEN,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Prothonotary's Office, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. o /- ..ZbPO etcu j /_z/_
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the above-named Plaintiff, ELISA S. COHEN, by and through
her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce
fromthe above-named Defendant, SCOTTA. COHEN, upon the grounds hereinafter set forth.
COUNTI
DIVORCE
1. Plaintiff is ELISA S. COHEN, an adult individual, who currently resides at
3415 Hawthorne Drive, Camp Hill, Pennsylvania 17011.
2. Defendant is SCOTT A. COHEN, an adult individual, who currently resides at
USS Enterprise, Norfolk Naval Base, Norfolk, Virginia.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on December 19, 1987, in Frankfort,
Kentucky.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The Plaintiff and Defendant are both citizens of the United States of America.
7. The Defendant is a member of the United States Navy, currently a member of
the crew of the USS Enterprise, stationed at Norfolk Naval Base, Norfolk, Virginia.
8. The Plaintiffhas been advised of the availability of marriage counseling and
understands that she may request that the Court require the parties to participate in counseling.
9. The Plaintiff avers that the grounds on which the action is based are that the
Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured
spouse, as to render her condition intolerable and life burdensome.
10. Plaintiff requests the Court to enter a Decree in Divorce.
2
COUNT II
REQUEST FOR EOUITABLE DISTRIBUTION OF MARITAL
PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE
11. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by
reference as though fully set forth hereinafter.
12. Plaintiff and Defendant have individually or jointly acquired real and personal
property during the marriage, in which they individually or jointly have a legal or equitable
interest, which marital property is subject to equitable distribution.
13. Plaintiff requests the Court to determine and equitably distribute, divide or
assign said marital property, pursuant to Section 3502 of the Divorce Code.
COUNT III
REQUEST FOR ALIMONY PENDENTE LITE, COUNSEL FEES
COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE
14. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by
reference as though fully set forth hereinafter.
15. Plaintiff is without sufficient assets and income to support herself and pay her
attorney's fees and the costs and expenses of this action.
16. Defendant has sufficient earning capacity to support the Plaintiff and to pay the
Plaintiffs attorney's fees and the costs and expenses of this action.
17. Plaintiff requests the Court to order the Defendant to support the Plaintiff
during the pendency of this action and to pay Plaintiffs counsel fees, expenses and the costs
of this action, pursuant to Section 3702 of the Divorce Code.
COUNT IV
REQUEST FOR ALIMONY UNDER
SECTION 3701 OF THE DIVORCE CODE
18. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by
reference as though fully set forth hereinafter.
19. Plaintiff lacks sufficient property to provide for her reasonable needs.
20. Plaintiff is unable to sufficiently support herself through appropriate
employment.
21. Defendant has sufficient property, assets, and income to provide continuing
support for the Plaintiff.
22. Plaintiff requests the Court to order the Defendant to pay alimony to Plaintiff
pursuant to Section 3701 of the Divorce Code.
4
r
COUNT V
REQUEST FOR CUSTODY UNDER
SECTION 3323(,b OF THE DIVORCE CODE
23. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated by
reference as though fully set forth hereinafter.
24. The Plaintiff is seeking primary legal and physical custody of the following
children:
Name Residence Age
Aaron M. Cohen 3415 Hawthorne Drive 9
Camp Hill, PA 17011
David M. Cohen 3415 Hawthorne Drive 6
Camp Hill, PA 17011
The children were born of the marriage between Plaintiff and Defendant.
The children are presently in the custody of Plaintiff, ELISA S. COHEN, who
currently resides at 3415 Hawthorne Drive, Camp Hill, Cumberland County, Pennsylvania,
17011. For the past five (5) years, the children have resided with the following persons and
at the following addresses:
5
(a) From 11/99 through present
3415 Hawthorne Drive
Camp Hill, PA 17011
With Plaintiff, ELISA S. COHEN
(b) From 12/98 through 10/99
Qtrs. P-4
Antrim Drive
Mechanicsburg, PA 17055
With Plaintiff and Defendant
(c) From 8/97 through 11/98
4768 Famdon Court
Fairfax, VA 22032
With Plaintiff and Defendant
(d) From 12/95 through 7/97
1298 Spruance Road
Monterey, CA 93940
With Plaintiff and Defendant
The mother of the children is Plaintiff, ELISA S. COHEN, residing at 3415
Hawthorne Drive, Camp Hill, Cumberland County, Pennsylvania, 17011.
The father of the children is Defendant, SCOTT A. COHEN, residing on the
USS Enterprise, stationed at Norfolk Naval Base, Norfolk, Virginia.
6
25. The relationship of Plaintiff, ELISA S. COHEN, to the child is that of natural
mother.
26. The relationship of Defendant, SCOTT A. COHEN, to the child is that of
natural father.
27. The Plaintiff has not participated as a party or witness, or in any other capacity,
in other litigation concerning the custody of the children in this or any other court.
Plaintiff has no information of a custody proceeding concerning the custody of
the said children pending in a court of this Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children or claims to have custody or visitation rights with respect to
the children.
28. The relief requested by Plaintiff is in the best interests of the children because
the Plaintiff has served as the primary caregiver for the children since birth and is best suited
to provide them with a stable and wholesome home environment.
29. Each parent whose parental rights of the children have not been terminated and
the person who has physical custody of the children have been named as parties to this
action.
WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce
as follows:
(a.) dissolving the marriage between the parties;
(b.) equitably distributing, dividing or assigning the marital property of the parties;
(c.) ordering Defendant to pay alimony nendente lite, counsel fees, expenses and
costs of this action to Plaintiff;
(d) ordering Defendant to pay alimony to Plaintiff;
(e.) granting Plaintiff primary legal and physical custody of the minor children of
the parties, subject to Defendant's rights of partial physical custody; and
(f.) granting such other further relief as the Court deems appropriate.
Respectfully submitted,
ZCONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID# 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
Attorney for Plaintiff
8
VERIFICATION
I verify that the statements made in the foregoing Complaint In Divorce 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: z
ELISA S. COHEN
ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 61-,9096)
: IN DIVORCE
PLAINTIFF'S PETITION FOR SPECIAL RELIEF
IN THE FORM OF AN INJUNCTION PURSUANT TO
23 Pa. C.S. §§3323(f). 3502(d). AND 3702
AND Pa. R.C.P.1920.43(a)
AND NOW, comes the Plaintiff, ELISA S. COHEN, by and through her
attorney, CONSTANCE P. BRUNT, ESQUIRE, and petitions this Honorable Court as
follows:
The above-captioned action in divorce was instituted by Plaintiff, ELISA
S. COHEN, on April 9, 2001, by the filing of a Complaint In Divorce, which included, inter
alia, claims for equitable distribution of marital property, alimony, alimony pendente lite,
counsel fees, costs and expenses, and custody of the minor children of the parties.
2. The parties are the parents of two minor children, aged 9 and 6, who reside
with Plaintiff.
Defendant is an active duty member of the United States Navy and is
frequently required to engage in long cruises at sea.
4. Plaintiff and minor children of the parties are dependent upon Defendant
for their support.
5. As a member of the United States Navy, Defendant is insured by certain
life insurance policies and has entitlement to retirement benefits which would be distributed
in the event of Defendant's death according to beneficiary designations and not as part of his
probate estate.
Defendant is scheduled to leave the country on April 25, 2001 for a six-
month cruise, where he will be exposed to substantial physical danger.
7. In the event that the Defendant would die prior to the final resolution of
the economic claims in this matter, the divorce action would abate, and Plaintiff would be
limited to her claims in intestacy or her right to elect to take against the Defendant's Will
with respect to Defendant's probate estate only.
Other than Defendant's military retirement benefits and possible life
insurance proceeds, there are no significant assets which would be part of Defendant's
probate estate.
9. Because the assets held in Defendant's name are in forms which would
not be part of a probate estate, their disposition would be controlled by beneficiary
designation, and Plaintiff would be left without sufficient income or assets under her control
to meet her reasonable needs and the reasonable needs of the minor children of the parties if
they were distributed to some third party.
2
10. The Defendant has always been the primary wage earner of the parties,
and Plaintiff's career development has been affected by her role as the primary caretaker for
the children and by the numerous moves the parties have been required to make because of
Defendant's military career.
11. Pursuant to 23 Pa. C.S. §3502(d), Plaintiff requests that the Court enter an
Order directing Defendant to maintain all insurance policies on his life now existing, paying
all necessary premiums thereon as due and designating Plaintiff as the sole primary
beneficiary of said policies, pending final resolution of the economic claims of the parties.
12. Plaintiff also requests that the Court enter an Order directing Defendant to
designate and maintain Plaintiff as the primary survivor beneficiary on any retirement
accounts of any nature, including specifically his retirement benefits through the United
States Navy, pending final resolution of the economic claims of the parties.
13. Throughout the marriage of the parties, the Plaintiff and the minor
children have had the benefit of medical services and other military benefits as Defendant's
dependents.
14. The Plaintiff does not have access to any other equivalent medical
insurance coverage for herself and the minor children.
15. Pursuant to 23 Pa. C.S. §3502(d), Plaintiff requests that the Court enter an
Order directing Defendant to cooperate as required to provide continuing medical services
and other military benefits for the Plaintiff and the minor children of the parties, pending
final resolution of the economic claims of the parties.
16. Because Defendant will be leaving the country immediately to embark on
an extended sea cruise during which he will be exposed to considerable danger and because
the Plaintiff and the minor children are dependent upon him, Plaintiff believes and therefore
avers that it is imperative that this Honorable Court enter an immediate Temporary Order
directing Defendant to designate and maintain Plaintiff as the sole primary survivor
beneficiary of any life insurance on his life and of his military retirement benefits and to
cooperate as required to provide continuing medical services and other military benefits for
Plaintiff and the minor children of the parties to avoid permanent and irreparable prejudice to
them.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter
an Order issuing a rule upon Defendant, SCOTT A. COHEN, to show cause, if any he has,
why the relief requested herein should not be granted. Further, Plaintiff requests the
immediate entry of an Order temporarily directing Defendant, pending hearing, to designate
and maintain Plaintiff as the sole primary survivor beneficiary of any life insurance on his
life and of his military retirement benefits and to cooperate as required to provide continuing
medical services and other military benefits for Plaintiff and the minor children of the parties.
Plaintiff also seeks the entry of an Order Of Court following hearing providing as follows:
A. Directing Defendant to maintain all insurance policies on his life which
were in existence at the date of the filing of Plaintiff's Complaint In
Divorce, paying all necessary premiums thereon as due, and prohibiting
and enjoining Defendant from taking any loans from said policies or in
any way encumbering the proceeds of said policies, pending further
Order Of Court;
B. Directing Defendant to designate and maintain Plaintiff as the primary
beneficiary of any life insurance policies insuring his life, including all
policies provided through his service with the United States Navy;
C. Directing Defendant to designate and maintain Plaintiff as the sole
primary survivor beneficiary of all retirement accounts or benefits of
any nature as he may have, including specifically his military retirement
benefits through the United States Navy, pending final resolution of the
economic claims of the parties; and
D. Directing Defendant to cooperate as required to provide and maintain
continuing medical services and other military benefits for the benefit of
the Plaintiff and the minor children of the parties, pending final
resolution of the economic claims of the parties.
Respectfully submitted,
ZtA
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID #29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing Plaintiff's Petition For Special
Relief In The Form Of An Injunction Pursuant To 23 Pa. C.S. §§3323(f), 3502(d) And 3702
And Pa, R.C.P. 1920.43(a) are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to
authorities.
DATED: ? p 0/ L;' ?
ISA S. C HEN, Plaintiff
6
ELISA S. COHEN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
BY THE COURT,
V. CIVIL ACTION - LAW
SCOTT A. COHEN,
Defendant NO. 01-2080 CIVIL TERM
ORDER OF COURT
AND NOW, this 12'' day of April, 2001, upon consideration of Plaintiff's Petition
for Special Relief in the Form of an Injunction Pursuant To 23 Pa. C.S. §3323(f),
3502(d), and 3702 and Pa. R.C.P. 1920.43(a), a hearing is scheduled for Monday, April
23, 2001, at 11:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
Constance P. Brunt, Esq.
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
Attorney for Plaintiff
Scott A. Cohen
USS Enterprise
Norfolk Navel Base
Norfolk, VA
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ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
I
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 01-2080
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Shari R. Gorman, paralegal for Constance P. Brunt, Esquire, do hereby certify that
on April 10, 2001, I did serve on Defendant, SCOTT A. COHEN, true and correct copies of
the Complaint In Divorce and of the Plaintiff's Petition For Special Relief filed on April 9,
2001, in the above-captioned matter, by personally delivering them to him at 3:35 p.m. at
Plaintiff's residence at 3415 Hawthorne Drive, Camp Hill, PA 17011.
shy /? 2eiir J> 4 /
SHARI R. GORMAN
ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
NO. 01-2080
: IN DIVORCE
PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE
AND NOW, comes the Petitioner, ELISA S. COHEN, by and through her
attorney, CONSTANCE P. BRUNT, ESQUIRE, and files the following Petition For
Alimony Pendente Lite:
1. Plaintiff/Petitioner, ELISA S. COHEN, is an adult individual currently
residing at 3415 Hawthorne Drive, Camp Hill, Cumberland County, Pennsylvania.
2. The Defendant/Respondent, SCOTT A. COHEN, is an adult individual
residing at USS Enterprise, Norfolk Naval Base, Norfolk, Virginia.
3. On April 9, 2001, the Plaintiff/Petitioner filed a Complaint In Divorce in
the above matter, in which she raised a claim for alimony nendente lite in Count III.
4. The Plaintiff/Petitioner is employed at Harrisburg Area Community
College from which she earns approximately $25,000 per year, an amount which is
insufficient to properly provide for herself and the minor children of the parties.
5. Defendant/Respondent is employed by the United States Navy, from which
he earns approximately $49,000 per year, plus various benefits and allotments.
6. Plaintiff/Petitioner is unable to provide and maintain the standard of living
to which she and the minor children were accustomed and is need of alimony nendente lite to
support herself and the minor children of the parties and to adequately protect her rights and
interests in the pending divorce action.
7. Defendant/Respondent has sufficient assets and income to provide
continuing support to Plaintiff/Petitioner.
WHEREFORE, Plaintiff/Petitioner prays this Honorable Court to enter an Order
directing Defendant/Respondent to pay alimony nendente lite to Plaintiff/Petitioner in
accordance with the guidelines set forth in the Rules of Civil Procedure.
Respectfully submitted,
AeIIA
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID# 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
Attorney for Plaintiff/Petitioner
VERIFICATION
I verify that the statements made in the foregoing Plaintiff s Petition For Alimony
Pendente Lite 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: Y1l71Gl k?
ELISA S. COHEN, Plaintiff/Petitioner
k
CERTIFICATE OF SERVICE
I, C/O?NS?TANCE P. BRUNT, ESQUIRE, do hereby certify that on the /Pk- day
of 2001,1 served a true and correct copy of the Plaintiff s
Petition For Alimony Pendente Lite, by depositing same in the United States Mail, first class
postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed as follows:
Scott A. Cohen
USS Enterprise
Norfolk Naval Base
Norfolk, VA
Defendant
.. zag
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID# 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
Attorney for Defendant/Petitioner
ELISA S. COHEN IN THE COURT OF COMMON PLEAS OF
PLAI=F CUMBERLAND COUNTY, PENNSYLVANIA
V.
SCOTT A. COHEN
01-2080 CIVIL ACTION LAW
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, April 17, 2001 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator,
at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, May 07, 2001 at 11:00 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By. /s/ Melissa P Greevay, Este
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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ELISA S. COHEN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
SCOTT A. COHEN,
Defendant No. 01-2080 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of April, 2001, upon
consideration of Plaintiff's Petition for Special Relief in
the Form of an Injunction Pursuant to 23 Pa. C.S. Section
3323(f), 3502(d), and 3702 and Pa. R.C.P. 1920.43(a), and
following a hearing, the petition is denied.
Constance P. Brunt, Esquire
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
For the Plaintiff
Samuel L. Andes, Esquire
525 N. 12th Street
Lemoyne, PA 17043
For the Defendant
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By the Court,
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ELISA S. COHEN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
SCOTT A. COHEN,
Defendant No. 01-2080 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of April, 2001, upon
consideration of Plaintiff's Petition for Special Relief in
the Form of an Injunction Pursuant to 23 Pa. C.S. Section
3323(f), 3502(d), and 3702 and Pa. R.C.P. 1920.43(a), and
following a hearing at which Plaintiff was represented by
Constance P. Brunt, Esquire, and Defendant appeared by
telephone and represented himself, the record is declared
closed, and the matter is taken under advisement.
By the Court,
Constance P. Brunt, Esquire
Beaufort Professional center
1820 Linglestown Road,
Harrisburg, PA 17110-3339
For the Plaintiff
Samuel L. Andes, Esquire
525 N. 12th Street
Lemoyne, PA 17043
For the Defendant
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ELISA S. COHEN, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 01-2080 CIVIL TERM
SCOTT A. COHEN, IN DIVORCE
Defendant/Respondent DR# 30611
Pacses# 923103398
ORDER OF COURT
AND NOW, this 25" day. of April, 200-1-,.upon.consideration.of.the-attached Petition for Alimony
Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear
before R.J. Shaddav on. June 5.2001 at 9:OOA.M. for a conference, at 13 N. Hanover St., Carlisle, PA
17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be
entered. NOTE: The support conference previously scheduled before Charles Carothers will now be
heard before RJ. Shadday.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.110
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on Petitioner
4-25-01 to: < Respondent
Constance Brunt, Esquire
Date of Order: April 25, 2001
Conference
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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pit 0 8 2001 V)
ELISA S. COHEN IN THE COURT OF COMMON PLEAS
Plaintiff, OF CUMBERLAND COUNTY,
PENNSYLVANIA
V. No. 01-2080 Civil Action - Law
SCOTT A. COHEN, In Custody
Defendant.
ORDER OF COURT
AND NOW, this 4th day of May, 2001, the Conciliator, being advised by Plaintiff s
counsel that the parties have reached an agreement, hereby relinquishes jurisdiction in this case.
FOR THE COURT,
Melissa eel Greevy, Esquire
Custody Conciliator
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ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 01-2080
IN CUSTODY
STIPULATION OF THE PARTIES
AND NOW, come the above-captioned parties, by their respective counsel of
record, and stipulate and agree as follows:
1. The above-captioned action was initiated by the filing on April 9, 2001, of a
Complaint In Divorce, containing a claim in Count IV by Plaintiff, ELISA S. COHEN,
for custody of the two minor children of the parties.
2. A pre-hearing custody conference has been scheduled before MELISSA P.
GREEVY, ESQUIRE, on Monday, May 7, 2001, at 11:00 a.m.
The parties, by their counsel, agree that the Court shall enter the attached
Order to temporarily resolve the claims raised in the custody action between them.
CONSTANCE P. BRUNT, ESQUIRE
Attorney for Plaintiff
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EL L. AND, ESQUIRE
Attorney for Defendant
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ELISA S. COHEN,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
SCOTT A. COHEN,
Defendant
CIVIL ACTION - LAW
NO. 01-2080
: IN CUSTODY
TEMPORARY ORDER OF COURT
AND NOW, this day of Me 12001, upon
Stipulation Of The Parties filed herein,
It is hereby ORDERED AND DECREED as follows:
A. Plaintiff and Defendant shall enjoy shared legal custody of their
minor children, AARON M. COHEN (DOB: 05/21/91) and DAVID
M. COHEN (DOB: 12/16/94). In the event that the parent then
having physical custody of the said children is unable to reach the
other parent after reasonable efforts, that parent shall have the
authority to make such major decisions as are appropriate for the
health, education, safety, religious training, and general welfare of
the children.
B. Plaintiff, ELISA S. COHEN, shall have primary physical custody of
the subject minor children, subject to such rights of partial physical
custody by Defendant as the parties shall from time to time agree.
A.
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C. The pre-hearing custody conference scheduled for May 7, 2001, is
hereby continued generally, subject to being rescheduled upon the
Motion of either party.
D. The Parties acknowledge that this Order is entered on a temporary
basis because SCOTT A. COHEN is currently out of the country on
active duty with the United States Navy and the parties agree that
they shall renegotiate and revise their arrangements for custody of
the children upon his return sometime in the fall of 2001. This Order
is entered without prejudice to the rights of the parties, and any
claims or defenses they may have, regarding their custody position at
that time.
BY THE COURT:
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
ELISA S. COHEN ) Docket Number 01-2080 CIVIL
Plaintiff )
VS. ) PACSES Case Number 92310339B/D3%11
SCOTT A. COHEN )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this 5TH DAY OF JUNE, 2001 IT IS IIEREBY
ORDERED that the 0 Complaint for Support or Q Petition to Modify or ® Other
ALIMONY PENDENTE LITE PETITION filed on APRIL 18, 2001 in the above captioned
matter is dismissed without prejudice due to:
AN ORDER OF SPOUSAL SUPPORT BEING ESTABLISHED UNDER DOCKET NO.297 S 2001
AND PACSES NO.972103351.
Q The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
BY THE COURT:
DRO: RJ ShaddaY VARn
xc: plaintiff
defenlant
Constance Brunt, Esquire
Service Type M
Ee JUDGE
Form OE-506
Worker ID 21005
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BURTON NEIL & ASSOCIATES, P.C.
By: Burton Neil, Esquire
Identification No. 11348
26 South Church Street
West Chester, PA 19382
610-696-2120
Attorney for Plaintiff
CITIBANK (SOUTH DAKOTA) N.A.
Plaintiff
VS.
CALVIN S BARD JR
Defendant
and
MEMBERS FIRST FEDERAL CREDIT UNION
Garnishee
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-02081
CIVIL ACTION - LAW
Praecipe to Dissolve Attachment
To the Prothonotary:
Dissolve the attachment against Members First Federal Credit Union, garnishee.
BURTON NEIL & ASSOCIATES, P.C.
BY:
Burton Neil, Esquire
Attorney for Plaintiff
In making this communication, we advise that our firm is a debt collector.
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ELISA S. COHEN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 01-2080
SCOTT A. COHEN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ORDER APPOINTING MASTER
AND NOW, 2007, , Esquire is
appointed Master with respect to the following claims: Alimony, Alimony Pendente Lite,
Distribution of Property, Counsel Fees and Costs and Expenses.
By the Court:
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D' tribution:
an M. Kadel, Esquire, P.O. Box 650, Hershey, PA 17033
,j nstance P. Brunt, Esquire, 1820 Linglestown Rd., Harrisburg, PA 1711(
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Constance P. Brunt, Esquire
Supreme Court ID #29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
(717) 232-7200
FAX (717) 232-0255
cabruntP-CPBruntLaw.com
Attorney for Plaintiff
ELISA S. COHEN, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CIVIL ACTION -LAW
V.
SCOTT A. COHEN,
: NO. 01-2080
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
I, SUSAN M. KADEL, ESQUIRE, attorney for the Defendant, SCOTT A. COHEN,
in the above-captioned divorce action, hereby accept service of the Amended Complaint
in Divorce tiled on August 13, 2008, in the Court of Common Pleas of Cumberland
County, Pennsylvania, and certify that I am authorized to do so.
Date: 91/l.Z/o 7- /
L
S KADEL, ESQUIRE
Supreme Court ID # 44837
.LAMES, SMITH, DURKIN & CONNELLY, LLP
134 Sipe Avenue
Hershey, PA 17033
(717) 533-3280
FAX (717) 533-7771
smk(&-jsdleaal.com
Attorney for Defendant
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ELISA S. COHEN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 01-2080
SCOTT A. COHEN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
NOTICE TO THE PLAINTIFF
If you wish to deny any of the statements set forth in this Affidavit, you must file a
Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the
statements will be admitted.
DEFENDANT'S AFFIDAVIT UNDER
SECTION 3301(d) OF THE DIVORCE CODE
I . The parties to this action have been separated since November 1, 1999, and have
continued to live separate and apart for a period of at least two (2) years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
Date: Po8 Cry L'
Sco A. Cohen, Defendant
I .
ELISA S. COHEN, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 01-2080
CERTIFICATE OF SERVICE
I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the
SCOTT A. COHEN, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
Defendant, Scott A. Cohen, hereby certify that I have served a copy of the foregoing Defendant's
Affidavit under Section 3301(d) of the Divorce Code on the following on the date and in the manner
indicated below:
VIA U.S. MAIL. FIRST CLASS. PRE-PAID
Constance P. Brunt, Esquire
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
JAMES, SMITH, DIETTERICK
& CONNELLY, LLP
Dated: ?S ) 7-
By:
Susan M. Kadel
Attorney I.D. #44837
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorneys for Defendant
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Constance P. Brunt, Esquire
Supreme Court ID #29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
(717) 232-7200
FAX (717) 232-0255
cpbruntOCPBruntLaw.com
Attorney for Plaintiff
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ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2080
IN DIVORCE
MOTION FOR ENTRY OF
STIPULATED DOMESTIC RELATIONS ORDER
AND NOW comes the Plaintiff, ELISA S. COHEN, by and through her attorney,
CONSTANCE P. BRUNT, ESQUIRE, and moves this Honorable Court as follows:
1. On August 29, 2008, the parties to the above-captioned action executed a
Marital Settlement Agreement, pursuant to which they resolved all of their various economic
claims against one another arising from their marriage, including, without limitation,
equitable distribution of marital property.
2. In the aforesaid Agreement, the parties agreed to the equitable distribution of
Defendant's pension through the Military Retirement System, which resulted from his
service with the United States Navy, and agreed to cooperate in the entry of a Domestic
Relations Order directing the distribution of the retirement plan.
3. Attached hereto is a proposed Domestic Relations Order applicable to the
Military Retirement System, which has been signed and consented to by Plaintiff, ELISA
S. COHEN, and by Defendant, SCOTT A. COHEN, by his attorney-in-fact, Evelyn Apter.
4. Also attached is a copy of the Limited Power of Attorney signed by Defendant,
SCOTT A. COHEN, authorizing Evelyn Apter to execute the said Domestic Relations
Order on his behalf. Defendant is currently employed by NATO and is stationed in
Baghdad, Iraq.
WHEREFORE, Plaintiff respectfully moves this Honorable Court to enter an Order
in the proposed form attached hereto making distribution of the Defendant's Military
Retirement System pension as set forth therein.
Respectfully submitted,
j7L?54
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID # 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
FAX (717) 232-0255
cpbrunt@CPBruntLaw.com
Attorney for Plaintiff
2
CERTIFICATE OF SERVICE
I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the /(f day
of oclz:?1,_ _ , 2008, 1 served a true and correct copy of the foregoing
Motion For Entry Of Stipulated Domestic Relations Order, by depositing the same in the
United States mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed to
the following:
Susan M. Kadel, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Attorney for Defendant
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CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID # 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
FAX (717) 232-0255
cpbruntO-CPBruntLaw.com
Attorney for Plaintiff
3
LIMITED POWER of ATTORNEY
I, Scott Allen Cohen, of 162-41 Powells Cove Boulevard, Beechhurst, New York 11357-
1449, do hereby appoint Evelyn Apter, of 162-41 Powells Cove Boulevard, Beechhurst, New
York 11357-1449, my true and lawful attorney-in-fact, for me, and in my name, place and stead,
and for my use and benefit to execute a Domestic Relations Order relating to my military retired
pay under the Military Retirement System.
I further give and grant unto my said attorney-in-fact full power and authority to do and
perform every act necessary and proper to be done in the exercise of any of the foregoing powers
as fully as I might or could do if personally present. I hereby ratify and confirm all that my
attorney shall lawfully do or cause to be done by virtue hereof.
Rs Aud Root c?• G
Date Scott Allen Cohen
Commonwealth of Pennsylvania
. ss.
County of Dauphin
On this Jr day of August, 2008, before me, a Notary Public, the undersigned
officer, personally appeared Scott Allen Cohen, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that he executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Maria B. LaRue, Notary Public
Derry Twp., Dauphin County
My Commission Expires Nov. 8, 2009
Member, Pennsylvania Association of Notaries
Constance P. Brunt, Esquire
Supreme Court ID #29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
(717) 232-7200
FAX (717) 232-0255
cPbruntDCPBruntLaw.com
Attorney for Plaintiff
ELISA S. COHEN, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CIVIL ACTION -LAW
V.
SCOTT A. COHEN,
: NO. 01-2080
Defendant : IN DIVORCE
AMENDMENT TO MOTION FOR ENTRY OF
STIPULATED DOMESTIC RELATIONS ORDER
AND NOW comes the Plaintiff, ELISA S. COHEN, by and through her attorney,
CONSTANCE P. BRUNT, ESQUIRE, and amends the Motion For Entry of Stipulated
Domestic Relations Order as follows:
1. Pursuant to C.C.R.P. 208.3(a), Defendant's counsel has concurred in the
Motion For Entry of Stipulated Domestic Relations Order.
2. By Order entered April 23, 2001, the Honorable J. Wesley Oler, Jr., J., has
previously ruled upon the Plaintiffs Petition For Special Relief In The Form Of An Injunction
in this matter.
3. By Order entered September 4, 2007, the Honorable Edgar B. Bayley, P.J., has
previously ruled upon the Defendant's Motion For Appointment Of Master in this matter.
Respectfully submitted,
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID # 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
FAX (717) 232-0255
cpbruntOCPBruntLaw com
Attorney for Plaintiff
2
CERTIFICATE OF SERVICE
I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the V" day of
QClw , 2008, 1 served a true and correct copy of the foregoing
Amendment To Motion For Entry Of Stipulated Domestic Relations Order, by depositing the
same in the United States mail, first-class postage prepaid, at Harrisburg, Pennsylvania,
addressed to the following:
Susan M. Kadel, Esquire
James, Smith, Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Attorney for Defendant
441P_
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID # 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
FAX (717) 232-0255
cl2bruntOCPBruntLaw com
Attorney for Plaintiff
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Elisa S. Cohen
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
IN DIVORCE
Scott A. Cohen
Defendant NO. 01-2080
DOMESTIC RELATIONS ORDER
1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the
Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant.
2. This DRO is entered pursuant to authority granted under the applicable domestic
relations laws of the State of Pennsylvania.
3. This DRO relates to the provision of marital property rights to the Alternate Payee.
4. This DRO applies to the Military Retirement System ("Plan") and any successor
thereto. Scott A. Cohen ("Participant") is a Participant in the Plan. Elisa S. Cohen ("Alternate
Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
Scott A. Cohen
c/o Evelyn Apter
162-41 Powells Cove Blvd.
Beechhurst, NY 11357-1449
Social Security No.: 127-56-6943
Date of Birth: June 4, 1964
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
Elisa S. Cohen
3122 Yale Avenue
Camp Hill, PA 17011
Social Security No.: 404-96-6166
Date of Birth: September 24, 1962
7. The Participant assigns to the Alternate Payee an interest in the Participant's
disposable military retired pay. The Alternate Payee is entitled to a direct payment in the
amount specified below and shall receive payments at the same time as the Participant.
8. The Participant's rights under the Servicemembers' Civil Relief Act were observed by
the Court as evidenced by the Participant's presence at the proceedings.
DRO
Page 2
9. This Order assigns to Alternate Payee an amount equal to 35.46% of the Participant's
disposable military retired pay under the Plan.
In addition to the above, the Alternate Payee shall receive a pro rata share of any
increases made to the Participant's benefits. The pro rata share shall be calculated in the same
manner as the Alternate Payee's share of the Participant's retirement benefits is calculated
pursuant to this Paragraph 9.
10. Payments to Alternate Payee shall commence as soon as administratively feasible
following the date this Order is approved by the appropriate Military Pay Center.
11. Payments shall continue to Alternate Payee for the remainder of the Participant's
lifetime, irrespective of the future marital status of either Alternate Payee or Participant. If the
Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's
disposable military retired pay shall revert to the Participant.
12. The Participant agrees to elect to make the Alternate Payee (and such Alternate Payee
shall be deemed) the irrevocable beneficiary of the survivor's Survivor Benefit Plan ("SBP"). The
Participant shall elect the former spouse and child (or children) option and shall select as the base
amount the full amount of monthly retired pay. The Participant shall make the necessary
election in a timely manner to effectuate the SBP coverage for the Alternate Payee and shall
execute such paperwork as is required. The Participant shall do nothing to reduce or eliminate
the survivor benefit to the Alternate Payee.
13. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and
this Order has not been amended, superseded, or set aside by any subsequent order.
14. The Participant and the Alternate Payee acknowledge that they have been married for
a period of more than ten years during which time the Participant performed more than ten years
of creditable military service. The parties were married on December 19, 1987, and separated on
November 1, 1999.
15. The Alternate Payee agrees that any future overpayments to her are recoverable and
subject to involuntary collection from her or her estate.
16. The Alternate Payee agrees to notify DFAS about any changes in the Domestic
Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient
receiving benefits pursuant to it.
17. The Participant and the Alternate Payee intend that this Order qualify under the
Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following.
18. The Participant agrees to cooperate with the Alternate Payee to prepare an application
for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant
to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States
Navy may require to certify that the disposable military retired pay can be provided to the
Alternate Payee.
DRO
Page 3
19. The parties acknowledge that the following items must be sent by the Alternate Payee
to DFAS-CL/GAG, Assistant General Counsel for Garnishment Operation, Defense Finance and
Accounting Services Cleveland, P.O. Box 998002, Cleveland, Ohio 44199-8002 and to DFAS, U.S.
Military Retired Pay, P.O. Box 7130, London, KY 40742-7130. The Participant agrees to provide
any of this information to the Alternate Payee at the Alternate Payee's request and to make all
necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain.
a. Deemed Election Letter
b. A certified copy of the Divorce Decree.
C. A certified copy of this Domestic Relations Order.
d. A copy of the Marriage Certificate of Mr. and Mrs. Cohen.
e. An executed copy of Form 2656-1 entitled "Survivor Benefit Plan (SBP) Election
Statement for Former Spouse Coverage."
f. An executed copy of Form 2293 entitled "Application for Former Spouse Payments
From Retired Pay."
20. The Court shall retain jurisdiction to enter such further orders as are necessary to
enforce the award to the Alternate Payee of the military retirement benefits awarded herein.
21. The Participant shall make direct payments to the Alternate Payee in such amounts as
necessary to provide her with her intended portion of his retirement benefits until her direct
payment commences by DFAS or in the event that her direct payments are reduced or terminated
by DFAS for any reason.
Accepted and Ordered this day of /--) ",C , 20
CONSENT TO ORDER:
8/-2gl0
Plaintiff/ ternate Payee Date
Attorney for Plaintiff/ Date
Alternate Payee
Defend tlPartic' ant Date
Atto ey for Defendant/ Date
Participant
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ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
To the Prothonotary:
IN THE COURT OF
CUMBERLAND CC
No. 01-2080
CIVIL ACTION - LA
IN DIVORCE
TO
MMON PLEAS
TY, PENNSYLVANIA
Transmit the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Sect
3301(d) of the Divorce Code.
2. Date and manner of service of the Complaint: April 10,
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent and
required by Section 3301(c) of the Divorce Code:
(b) (1) Date of execution of the Defendant's Affidavit
of the Divorce Code: August 25, 2008.
(2) Date of service of the Defendant's Affidavit upon
August 25, 2008.
( ) 3301(c) (X)
1; hand delivered.
aiver of Counseling
by Section 3301(d)
the Plaintiff On or about
4. Related claims pending: None
5. Date and manner of service of Notice of Intention to file
Transmit Record, a copy of which is attached, if the decree is to be E
of the Divorce Code: On or about September 17, 2008.
or, date of execution of Waiver of Notice of Intention to
under Section 3301(c) of the Divorce Code: by Plaintiff: by
JAMES, SMITH,
Date: September 17, 2008
Susan adel, Esquire
Attorney for Plaintiff
Post Office Box 650
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 44837
e to
under Section 3301(d)
Entry of a Divorce Decree
& CONNELLY, LLP
ELISA S. COHEN.
Plaintiff
V.
SCOTT A. COHEN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND C UNTY. PENNSYLVANIA
No. 01-2080
CIVIL ACTION - LAW
IN DIVORCE
NTENTION TO REQUEST ENTRY OF I)IVORCE DECREE
TO: Elisa S. Cohen, Plaintiff
c/o Constance P. Brunt, Esquire
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
Defendant, Scott A. Cohen, intends to file with the court th attached Praecipe to
Transmit Record on or after October 7, 2008, requesting that a final, decree in divorce be entered.
Respectfully
Date:
/7
Susanybl. Kadel, I
Attorney for Defe
Post Office Box 6
Hershey, PA 170
(717) 533-3280
PA I.D. No. 4483
Scott A. Cohen
ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
To the Prothonotary:
IN THE COURT Ot COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-2080
CIVIL ACTION - L?W
IN DNORCE
Transmit the record, together with the following information to the Court for entry of a
Divorce Decree:
1. Ground for divorce: irretrievable breakdown under S ction ( ) 3301(c) ( X }
3301(d) of the Divorce Code.
2. Date and manner of service of the Complaint: April 1 , 2001; hand delivered.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent and Waiver of Counseling
required by Section 3301(c) of the Divorce Code:
(b) (1) Date of execution of the Defendant's Affidav t required by Section 3301(d)
of the Divorce Code: August 25, 2008.
(2) Date of service of the Defendant's Affidavit up n the Plaintiff. On or about
August 25, 2008.
4. Related claims pending: None
5. Date and manner of service of Notice of Intention to file
Transmit Record, a copy of which is attached, if the decree is to be
of the Divorce Code: On or about September 17, 2008.
or, date of execution of Waiver of Notice of Intention to
under Section 3301(c) of the Divorce Code: by Plaintiff: by
Date: September 17, 2008
JAMES, SMITH,
Susan . adel, Esqi
Attorney for Plaintiff
Post Office Box 650
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 44837
ipe to
j under Section 3301(d)
Entry of a Divorce Decree
& CONNELLY,LLP
ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND C LINTY, PENNSYLVANIA
No. 01-2080
CIVIL ACTION - L W
IN DIVORCE
CERTIFICATE OF SERVICE
I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & C
Defendant, Scott A. Cohen, hereby certify that I have served a cof
Request Entry of Divorce Decree on the following on the date and in
U.S. MAIL. FIRST CLASS, PRE-P
Constance P. Brunt, Esquire
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
JAMES, SMITH, D
Date: ?? a?`• y?
By: /
Susan M. Nadel, Esqui
Attorney for Defendan-
Post Office Box 650
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 44837
, LLP, attorney for the
of the Notice of Intention to
manner indicated below:
& CONNELLY
ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
IN THE COURT OF 1
CUMBERLAND COI
No. 01-2080
CIVIL ACTION - LA
IN DIVORCE
CERTIFICATE OF SERVICE
I, Susan M. Kadel, Esquire, of James, Smith, Dietterick &
Defendant, Scott A. Cohen, hereby certify that I have served a copy of
Transmit Record on the following on the date and in the manner
Constance P. Brunt, Esquire
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
Dated: October 9, 2008 By:
JAMES, SMITH, DIE
& CONNELLY, LLP
Susan M. Kadel
Attorney I.D. #44837
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorneys for Defendant
4ON PLEAS
PENNSYLVANIA
y, LLP attorney for the
foregoing Praecipe to
below:
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Constance P. Brunt, Esquire
Supreme Court ID #29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
(717) 232-7200
FAX (717) 232-0255
cpbrun CPBruntLaw.com
Attorney for Plaintiff
ELISA S. COHEN,
Plaintiff
V.
SCOTT A. COHEN,
Defendant
TO: Curtis Long, Prothonotary
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
: NO. 01-2080
: IN DIVORCE
PRAECIPE
Please mark as withdrawn and discontinued the Plaintiffs claims for equitable
distribution, alimony and alimony pendente lite, counsel fees, costs and expenses, as set
forth in Counts 11, III, and IV of Plaintiffs Complaint filed herein on August 13, 2008.
DATE: /r 14KCZ 7/L;4
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID # 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
FAX (717) 232-0255
cpbruntO-CPBruntLaw.com
Attorney for Plaintiff
V.
CERTIFICATE OF SERVICE
I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the day
of /Ya,2, 4 , 2008, 1 served a true and correct copy of the Inventory Of
ELISA S. COHEN, by depositing the same in the United States mail, first-class postage
prepaid, at Harrisburg, Pennsylvania, addressed to the following:
Susan M. Kadel, Esquire
James, Smith, Dietterick & Connelly, LLP
134 Sipe Avenue
PO Box 650
Hershey, PA 17033
Attorney for Defendant
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I.D. No. 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
(717) 232-7200
(FAX) (717) 232-0255
cgbruntO-CPBruntLaw.com
Attorney for Plaintiff
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ELISA S. COHEN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
SCOTT A. COHEN NO 01-2080
DIVORCE DECREE
AND NOW, - COS , it is ordered and decreed that
ELISA S. COHEN plaintiff, and
SCOTT A. COHEN defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None
By the Court,
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