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Home My WebLink About01-03084 "" ,I', L , 1. ",-;, "--I. ' ',C, -;,. .<'",~ ,,_ -0" "-';C"."- . . .. . . '" '" '" '" "''''''' . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF PENNA. . . . EILEEN CLINE No. 3084 01 VERSUS . . . . ANDREW H. CLINE . . . . . DECREE IN DIVORCE . . c>t ;): ~S- f.M , 2002 , IT IS ORDERED AND AND NOW, :r c.--. d- ( DECREED THAT EILEEN CLINE , PLAINTIFF, . . ANDREW H. CLINE , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY, . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BElON ENTERED; . . . . None; the terms of the parties' Property Settlement Agreement, . . PROTHONOTARY dated Ma 10 2002 but not merged herewith. . By . "'''''''''''''''' '" '" '" '" '" '" '" '" . . ATTEST: . . . . . .,1,," t~kj"f~ J, .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... " " -~ ~ - ~" ~.~"". ~" .~ o , '_"_ '~'. ,t;. -.,).if; 0,). d> -dV &'.,,1 , ~~ , ~ "~~"'<'.._=_,~,~~H~___o "~, ,_~ ." -~"~. ,_ .,~ ,. -""""" ~ 6vI. ~ ~ -?a1~. 71~ ,Iura~ ~ 4,~ III~ J""~"~jl " __~I!,,,,!.,,,,",,,,,~~J!fl.flI~L_,,.,-_,,::ry- ,~ II ,.~!~~,','.w!;t1jl!;"'Ojj'f_,,,'- -' ," _ "_' ,--, L -.' ,;,' -,",-,="""-<,,-,-[,',,-,",",, -",-_" C,'..<_, ",-,~".' . ,,,_,.,"__~,_,,,--,.,,_-_o_,,,,,,,, ..0__ '....oj '",-'.b,'d~~-'-'-' L,_'""d " .. "'1.1-'-' " " MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D, No, 279]4 2] 0 Grandview A venue, Suite ] 02 Camp Hill, PA 17011 Te]ephone No, (717) 909-4060 Attorneys for Plaintiff EILEEN CLINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO, D/ - 3oP,,/ : CIVIL ACTION - LAW : IN DIVORCE C;u~L ~~ ANDREW H, CLINE, Defendant 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 wamed that if you fail to do so, the case may proceed without you and a Decree of Divorce or armulment may be entered against you by the Court. A judgement 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Cumberland, 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, GOT 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, P A 17013 (717) 249-3166 '- ~,,,' ."__r~"".,,,~ ,,__~ _,,'0' _b,^"""'_-_'~"~''';_' C"~".,-,l;,-.~",;,,i. "~"J, .;3",",--"'"'' .._.._J,_ ",--,_~'"I..~",J.-." ~ '~ ,- . , MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D, No, 279]4 210 Grandview Avenue, Suite] 02 Camp Hill, PA ]7011 Te]ephone No, (7] 7) 909-4060 Attorneys for Plaintiff EILEEN CLINE, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND, COUNTY, PENNSYLVANIA :NO, 01- 30S'f Cwa -r~ ANDREW H. CLINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Eileen Cline, who has resided at 2536 South Carbon Street, Allentown, Lehigh County, Pennsylvania, for approximately the last two months. 2. Defendant s Andrew H. Cline, who has resided at 257 Carol Street, New Cumberland, Cumberland County, Peunsylvania, for approximately the last ten years, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least (6) months immediately previous to the filing of this Complaint, 4. Plaintiff and Defendant were married on March 2, 1984 in Allentown, Lehigh County, Pennsylvania, 5. There have been no prior actions of divorce or for armulment between the parties, ,," ^~,'-< "'" _.o<,.c_",-_'I ',o"i'.l,_,--~,.'; ,~"-"._,,~~,"",:-,k,i'~,_,, ,d" I' f_"_"''''~'C._""",,_,j2d_J .. . , 6, Neither of the parties in this action is presently a member of the Armed Forces, 7. The Plaintiff and Defendant are both citizens of the United States, 8, Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling, Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court, 9, Plaintiff avers that there are children of the parties under the age of eighteen (18), namely; Haley Andrea Cline, born August 19, 1988, and Catherine Ann Cline, born July 14, 1990, COUNT I - DIVORCE 10, Paragraphs one (1) through nine (9) are incorporated herein by reference as though set forth in full. 11, Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. COUNT II - EOUlTABLE DISTRIBUTION 12, Paragraphs one (1) through eleven (11) are incorporated herein by reference as though set forth in full. 13. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code, ""=""'<"""""","'=_"n"'"'''''" '''_1'.'' ,.,*" "''''' ,---,,-,_ ,_ _~_ , " '. ,~; _'_'~~_ ' _en I ,~,~__"'~,_ ';"_,_"~_"",,,,,_"-'C' _ ~,,,_ ,..,-,"~,--",.~ ,(.,.,,;_:,,~lJ,-,.d"= .'"",,",L~.i . ._~ ,J ,_~,.,.~o.,,,-,,,}'~'J.;-J-3~..,.. -".- ,', . , .. , COUNT III - ALIMONY. ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 14, Paragraphs one (1) through thirteen (13) are incorporated herein by reference as though set forth in full, 15, Plaintiff lacks sufficient property to provide for her reasonable needs, 16, Plaintiff is unable to sufficiently support herself through appropriate employment. 17. Defendant has sufficient income and assets to provide continuing support for the Plaintiff, 18, By reason of this action, P]aintiffwill be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs, 19. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and in unable to appropriately maintain herself during the pendency of this action, 20. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs ofthis litigation. 21, Defendant has adequate earnings to provide for the Plaintiff s support and to pay her counsel fees, costs and expenses, if ".,;,__~..1!'''''''_. - "'- '."";.._,,. "~-" 'J,' , "'"."",. "",-",,,,,,,,,,,,,,,,,,..,,..,,-,,,,,,,,,,,,,,,,..,..,. =,"" -, >,,__,,--,,~L,", _,,'-O:,;_'_'~_,_.o"h-'d '-'-'----d_JO~,,~~, ","",,-,j "~'^_",.-,">,' ,- '. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b, Equitably distribute all property, both personal and real, owned by the parties; c. Compel Defendant to pay Alimony Pendente Lite to Plaintiff; d. Grant Plaintiff attorney's fees and costs; e. Compel Defendant to pay alimony to Plaintiff; f. Grant such other relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES DatefJ8 f/ By: TTI, ESQUIRE 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorney for Plaintiff ,....,.,,;;',. , ,-+ , 'c- ""',_ "e_,~__c,"~"', .."""""_"___0";__.' "' '"',,,,-,,,,,~.,,"~,,,._o_,~ , __'c-'-,"''--''r_,^-,~" J_,,,,J_t_,,.,,,,",d_.__.,,,, t;,~_",.;, ,,' ,~ "-",e_L'J'_~' ,-"- __ ,,-;<, """L".,c: J" '. i .... , , VERIFICATION I, EILEEN CLINE, hereby verify and state that the facts set forth in the foregoing are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A. !l4904 relating to unsworn verification to authorities, ~kJ~ E EEN CLINE DATE: 5Je/() ( L.._ <' """'" MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D, No, 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorneys for Plaintiff EILEEN CLINE, Plaintiff v. ANDREW H. CLINE, Defendant _l"'-'_',>_<.._o.'o.l:_"...L,__' ";",,,1,_ ____.,_1...1 """'!.-- , , ..., IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA : NO, 01-3084 Civil Term : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, DONALD T, KISSINGER, ESQUIRE, do hereby accept service of a true and correct copy of the Complaint in Divorce directed to my client, ANDREW H. CLINE, Defendant in the above-captioned matter, pursuant to Pennsylvania Rule of Civil Procedure No, 402(b), DATE 0';; -- ,- ~ .........._"-"" ~" L.." . 1 ~ "~'l~~;" .. , , . MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD, No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Te]ephone No, (717) 909-4060 Attorneys for Plaintiff EILEEN CLINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO, 01-3084 ANDREW H, CLINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 21, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements rnade 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 unsworn falsification to authorities. Date: 5\:)3>lO:L ~~~ EII:EEN CLINE el..llllUUIIIL .L~h_e... M "'~_~\ .^'''''_b"'''!''C';';'JH;,'1ht\l<i';;'2I~i,"i\iH~~~~. , "".".~.>'~". '-=<"'_"""lill~".""""""!~~"IIlI'lI-'~EI-~1 !l~ ~ ~.~ ..,-"'~_ '.,'l!:','o'~ ",'_"-",r!'" _",,',<~,,~~_,=, '^"~^ ',~_, .', " ^ , ' -, """""'.' ~ -.. ~, "'i1iiliJ;. .. (') .-:::J 0 C f"0 1', ~".. ...,.. 'U t~ ..:.... rrl ~< ~ -- ..<, N 7 ,_U .... m '.. \..0 '... -'< ) I.. ':.~ ," C ::-\:! ~ -,', -::; ~; C C-) /...::.. C.: s> ro ,-', :Ti ::.:.:, :s ~n >- :xl -c .~~ -'< ,C",_~ """"~ n_. ~- .~ c .w~_1 01-1 " "-,-;,_I~I;J)_'Ii!,;;t .. , . MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D, No, 279]4 210 Grandview A venue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorneys for Plaintiff EILEEN CLINE, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3084 ANDREW H, CLINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. !l 4904 relating to unsworn falsification to authorities, DATE: O'd.~\O.:2- ~1)gmJ lliIu, EIDEEN CLINE ,'~Jc,,\;;,~~,;,;.,;;l,';'i;&,n'.R:'l<fuW~~)~"'=' "'-~" "ii!;ilIr~J~i~~~~il'HliIill~il~!Ii<'" (~ ~~~. -qC.l nil! ~f~-: ~:~ r:,:. '~, -, :~~ :;! . ",j~IlIJ"lWII!U , Il~.L_~, ~""",,~lruUJ!P~lJI,,~"I,~"'"",' 1-,JIL."_11"""L"b;"''''''%~"_,'''''F'''';'',w..,,, ""l(c;'~'~:"',:"" ~_l ,'cO:: ~""'~'h...'_~,=",-,, "" b-/_,4',' ,>; ,~,~', ,,"_ " .'. ~,.'=', ,-.'~~ , ,,~." , .. , . Cl {"';') ::T. T? '-..: ~~- C) -1"1 r-..) (,D ~:': CO :.f1 _.- .,- I t " f I I 1 ,- ["n i.:',J -~" C;? ~. l':'" 'f~~~ __-I ;5 '< ~ Vi ,.~~ ~,~~ " ,~~~. ~ , , 'f ~',,,,~~. .- -,b~-<_ : "' '~~~~,-! .' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EILEEN CLINE, Plaintiff v. ) ) ) ) ) ) ) NO. 01-3084 ANDREW H. CLINE, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under !l3301(c) of the Divorce Code was filed on May 21, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree, WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE c'- 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !l4904 relating to unsworn falsification to authorities, Qd~~ An ew H. Cline, De endant Date: 1~/62 >J)''';'--'"(~l~'~'''''.' 1_"" .d) -- -~f r" lj.i"........"" .T~~~"SV1;,i>ji'-"""ft>J&,,'"'rH1i;~,~j,\~1~~i).fliiiit .,) ',' ," -~ ,~ . "'--~~," ~ ,. ---....~.~,..,.~, .'<.--=''''., ~--,.".,~- -~ = Ip-'-; -~-"~~~-~'i~.;."......"t.ljJ1r 'F'''' < ~ .'"', ", _ ~" '.<,_' " ~, r',,~, ,_~,_~, o -o~ fOn' ~~-~ ~c. j;-- z"'" )>~~ :?' :2 . ,., m "~_,'''''''~'''''''''''_ ~ '~~1i o I",) :E .".,'" i II !i Ii Ii I f ,_i --t-, f"J \>) c:) ~~': ~.," OJ ~n .t:" . . ,-"'- 'tlJi:i1>i:,-, .. ". "' EILEEN CLINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3084 CIVIL ANDREW H. CLINE, Defendant IN DIVORCE TO: Maria P. Cognetti Attorney for Plaintiff John C. Howett, Jr. Attorney for Defendant DATE: Wednesday, October 31, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Inventory and Appraisement, Income and Expense, complete documentation of parties' assets. - " ~ '-~"~ , , ".d ~4' !1itIi.~"i."i ... " (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Interrogatories and a Request for Production of Documents will be sent to Defendant's attorney, Plaintiff will need approximately 6 months to complete her discovery . 11/ J..-!O ( , DATE ~) ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. . EILEEN CLINE, " , C,'" "~"-',;",-,-"(-".,,~~,,, .., "",-~'-" "'t Commonwealth of Pennsylvania County of Cumberland, 55: Plaintiff v, ANDREW H, CLINE, Defendant ) ) ) ) ) ) ) In the Court of Common Pleas of Cumberland County, Pennsylvania No, 01-3084 CIVIL TERM Motion for Appointment of Master (X) () (X) (X) Divorce Annulment Alimony Alimony Pendente Lite ANDREW H, CLINE, Defendant moves the court to appoint a master with respect to the following claims: and in support of the motion states: 1. is requested, 2, Esquire, 3, 4, 5, 6, 7, (X) () (X) (X) Distribution of Property Support Counsel Fees Costs and Expenses Discovery is complete as to the claims for which the appointment of a master The plaintiff has appeared in this action by her attorney, Maria p, Cognetti, The statutory grounds for divorce are S3301(c), The action is contested with respect to the following claims: Divorce, Alimony, Alimony Pendente Lite, Distribution of Property, Counsel Fees, Costs and Expenses, The action does not involve complex issues of law or fact, The hearing is expected to take two days, Additional information, if any, relevant to the None Date: I () C:i--tt --() I o ,Howett, ,!Esquir Attor ey for Defendant AND NOW, ~/AJ1,2001, P ~.//l;{ ,t"b/e:.(,-Esquireis appointed m~spect to the following claims: BY THE COURT: I J, :~_,~!:;>ii,i;4\';'lii,~~llii!itj@li'i&O~~;j,'i:~W41!i#t~~Iiil<J~--i!.~,"r~,.j$__i;;:.j:;,,~~';"""";;:'~c"';;i~"(~ljii!kW'~""'-"" -~Ii ';'1 ,," Q I on 3 D \0: ll! ,"""-'.. ',,, ',"" '''-('" !,\\1Y CUl\!:\:Jt.\"',l"J-\;\0 \u ,,{..J I ~-: ' ~n"\'S\l1 \I!:\,'H\ r'CI~ll ,ll~.. . ,,' '~, ',"\ , ' , ;." t) .l.~,>~ " ~"."_,,~,,,. _cY~",~ ,-"""",, ,,,",,,', _""'1~.,-_,~,,~ ' -', -",-,1.-' ,', ~," - .,-, ,'~ ,,",,,'-'.. -~~~~l 0'_' "'.r 'i o f;-:; ~ \)[-:'1 9)~ i55 S~ ~f?"- ::< \..., J> ,-, Z. u -0 )>r Z C=1 -< , .. ~.. " C) a n -! r,,) '.0 .":1 -"'~ ~~ o .0 f:: ..""'...~- ~ ,J i- ;7~ ,L~ ~jlnWtMf'*" . ; EILEEN CLINE, P]aintiffi'petitioner VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE ANDREW H. CLINE, Defendant/Respondent NO. 01-3084 IN DIVORCE DR# 30910 Pacses# 743103718 CIVIL TERM ORDER OF COURT AND NOW, this. 1 O'~day,of August, 2O'O'1"upon..col1Sideration.ofthe.attached,P.etitionfor, Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J, Shaddav on SeD/ember 20.2001 at 9:00 A.M for a conference, at 13 N, Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (]) a true copy of your most recent Federa] 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 191O.IW (4) verification of child care expenses (5) proof of medica] 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 8-10-0' I to: Petitioner < Respondent Maria Cognetrie, Esquire Donald Kissinger, Esquire 'J /,,' !JL~ Date of Order: August 10',20'0'] 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 LffiERTY AVE, CARLISLE; PENNSYLVANlA17O'13 . . (71 7) 249-3 166 ~ i I I' 1 I I I l'f!>';ii... . .,~ .--. ~. ..,~~. ,.~,_.oV'~^'" "'. ,-'-"' "" '" _'I " ,"'"' ',.","" ,,,.~ "'.' ""''''' ,'" ''''''''','.'''' "'o~_"" ,'.-" --,,'F_"'"_'. r"'""'~--~' ,".~~~~'_C&'_ ',"' ",""'~. ~"llil(i,,;'r'r .' "',','" '-',JTioJiY c' I ~ I'" I 'c: U i h~)[,:; _ J 3: LO CU"" 'I' """I"TY i''l\d::.n;,.J'-''\U U..JU1\j PENi\lSYlYl\Nif-\ . >~[llJ,~fI1~'Pl\~i!Wfi'1'j1!l!!l!ifflIl1'-..~_~~_"'~"1!\l~t\lti\f!~'!m'ffllffljNill%"!''''\'o''''~~'_-''iY'''1"1'1"-,'.1"':;"- ,."n,)_-,_"'_'.'" ~,.. ._,~"_",b;;,, ,_ -,-,L'd,__,,,-. I",_.<_"",,_;,c,o',-..,,,",'_ ..1_'._" _.} J ,l__, '1-_< . ~ , . \\Ntsb\family law\Client Directory\Cline-Eileen\pleadings\Motion for Hearing on APL.wpd July 24, 2001 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUmE Attorney LD, No, 27914 210 Grandview A venue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorneys for Plaintiff EILEEN CLINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 01-3084 CIVIL TERM ANDREW H. CLINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR HEARING AND NOW, comes the Plaintiff, Eileen Cline, by her attorney, Maria p, Cognetti, Esquire, and moves the Court to enter an Order setting the case for hearing and respectfully represents that: 1, Plaintiff is Eileen Cline who currently resides at 2536 South Carbon Street, Allentown, Lehigh County, Pennsylvania. 2, Defendant is Andrew H, Cline, who currently resides at 257 Carol Street, New Cumberland, Cumberland County, Pennsylvania, 3. On May 21, 2001, Plaintiff filed a Complaint for Divorce which contained a Count for alimony pendente lite, 4. Plaintiffs is requesting this Court schedille a conference on the issue of alimony pendente lite, l";;'~ _~ ';., .. )iIIl'- i'rlI _~ ""-". ~, -:.., """~" ,*, <;, ~-'" >"_",,"~~_' '-"''',"",..,..,- ,,,......_""""'_~,,.!o"'="'''--,.,;''''''''';,,_".'"'''''.=,''' _' "_'___"o-~_c--",--,+ - ,1.. _~" ,;J",..ca.'",,-",-,,~,, I,-,,,~"-.-,,,,-,,,- , ' .L ,I '''')-,-. . ~ \\Ntsb\family law\Client Directory\Cline-Eileen\pleadings\Motion for Hearing on APL.wpd July 24, 2001 WHEREFORE, Plaintiff prays this Honorable Court to enter an Order setting this matter for conference. Date: July 24, 2001 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES !i~~ Attorney LD, No. 27914 210 Grandview Avenue, Suite 102 Camp Hill,PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff 2 _ ~~:,"m/;" "'" ,-"",.j: ~. ","'.h~-;~ ""C7.-"""",_,~,_",,,'o.n"'" ""'''''"'' ",,'" ~"",,,",-,,, .-..L ,-1;_ '__,,,-> ,_~;:o~ ;'~~ '_'"^'.''-'''''_''' ,_"j",I_,,_,_J:k .__",.-d,_.;"c","" '..cL"q,":~",-,,,.L,;, , I ;L '. \\Ntsb\family law\Cti~nt Direct~ry\Cline-Eileen\pleadjngs\Motion for Hearing on APL.wpd July 24, 2001 CERTIFICATE OF SERVICE I, Maria p, Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certifY that on this date 1 served the foregoing Motion for Hearing by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Donald T, Kissinger, Esquire HOWETT KISSINGER & CONLEY 130 Walnut Street P,O. Box 810 Harrisburg, P A 17108 MARIA P. COGNETTI & ASSOCIATES Date: Jilly 24, 2001 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorney for Plaintiff 4 , ." """ ~. . I l ~~I ".1 b' d ,,~ '"-'''~,:i ....- \ .- .. . DR 30910 P ACSES ill 743103718 EILEEN CLINE, Plaintiff/Petitioner vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW ANDREW H. CLINE, Defendant/Respondent : NO. 01-3084 CIVIL TERM ORDER OF COURT AND NOW, this 20th day of September, 2001, based upon the Court's determination that Petitioner's monthly net income/eaming capacity is $976.16 per month and Respondent's monthly net income/earning capacity is $5,906.08 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,144.00 per month payable bi-weekly as follows; $528,00 bi-weekly for alimony pendente lite and $0.00 on arrears. First payment due with on next pay date. Arrears set at $2,288.00 as of Septembe 20, 2001. The effective date of the order is July 26, 2001. Consideration is given for Plaintiff having an obligation of support for the parties' two children that are in the care and cutody of Defendant pursuant to Rule 191O.16-4(E). Plaintiff is to confirm the amount of direct payment that was paid to her since the date of filing within five (5) days from this date, Defendant is to directly pay the balance to Plaintiff, after confirmation of all credit, within five (5) days after confirmation of said credit. Failure to make each payment on time and in full will cause all arrears to become subjectto immediate collection by all of the means as provided by 23 Pa.C.S.s 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Eileen Cline, Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: PASCDU P.O. Box 69110 Harrisburg, PA 17106-9110 ;- ^.-, " W^_<,"." """~~~'"~.__,~' 'd ",' ,~-- - <'- . "',' '.,,' .- ._,..,,-.' ~ -_",,__ >"~""',_..".?-"'_ -~-"",-,.'- i. W--"-",W"'-'_' ".~,.~",,,="~.<.- . ~~ =, O~ . "-~,,,' "w~'--"'~""'"'>rf 'JTARY O! SFP 2,; !~ 55 C' ;"1:;':'> " . ,"" ' UlVJ -"l_f tV-'" '<'J l...,Uu~~l Y PENNSYLVANIA N ~I i i i :j :] '1.. '" ....- ,. ~ ti :-~ IIiI'IIM!llfIlII~ ~'I';~~~~~~",,~."......$l ,~MI$.,~~~, Ji;~liW"W-i'J"""",,,-,,';~.r,w,C""':,,,,,,; ,,; ;"f" '",,_(F~'"'?"o,;'l',c;<'Jj""~-i\1>ftll!('""'W:'"''''~"''''' ,.,. ".,.~~,-,~ _ "~ " -:,.' ~ , I . .~_",_L_.<"~,,. ,'.J. ,,~-.> 'lliir'i<-; . . ,. . Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually for spouse are to be paid 69% by the respondent and 31 % by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R, 1. Shadday Mailed copies on 9-21-01 to: < BY THE COURT, Petitioner Respondent Maria Cognetti, Esquire Donald Kissinger, Esquire 7' ~ 4.- Kevin A. Hess J. ~"--'-~.~- ., L -j "~., _ d' " ~ .!l;J>:fihi: 1 ~ .... .. ' ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT M.. ell - 30 <it( {> f V/L State cQmmonwealth of Pennsvlvania J>Jd-R<;r r """,/;;, j /\ 2 7.'/ C. Co./City/Dist. of CUMBERLAND 0<':- l::./ / -r<.JI'V? tf Date of Order/Notice 09/20/01 o/C 31!7t'cJ Cou rtICase N um ber (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice ) RE: CLINE, ANDREW ) Employee/Obligor's Name (last, First, MI) ) ) ) ) ) ) ) 196-42-8874 Employee/Obligor's Social Security Number 4667100826 Employee/Obligor's Case Identifier (See Addendum for plaintiff names assodated with cases on attachment) Custodial Parent's Name (last, First, MI) EmployerlWithholders Federal EIN Number COMMONWEALTH OF PA EmployerlWithholder's Name C/O PAYROLL OPERATIONS EmployerlWithholder's Address ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA nON: 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, $ 1,144.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? o yes @ no $ 0.00 per month in medical support $ 0 00 per month for genetic test costs $ per month in other (specify) for a total of $ 1, 144 . 00 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 how much to withhold: $ 264.00 per weekly pay period. $ 528.00 per biweekly pay period (every two weeks). $ 572.00 per semimonthly pay period (twice a month). $ 1,144.00 per 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 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 pg. 2), If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDUl 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, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: SEP :i, 1 ZOO! BY THE COURT: 7' - .l<'Gi/(All1.lI6S. A-~ Service Type M Mf12'" 'l'!'!'D ,..\c.c' : -.;;};;~ oMBNo.:0970-0154 Expiration Da.te: 12131/00 :JUDt.e Form EN-028 Worker ID $IATT I I ~ ;1 :~ l !j, -- ..~,~.,,~~ 0.' ~ ~ ~ ~-<..,~. . " " "ii' <'r.D ~. ~J"..l 2, c" , i; !: l::~ ._1....... C'I'ii., UJyit"'"~...,, .::' "", ' P5~/~JS'YI~:A~~UNjY . . -~ N__'__ _"1 .~ ~~'u ~ ~~. ~ " _~___~mlilJ~"""'!iTr~!!l;Il!~,'lllJ<<l1M'1!"iM""i\/'i:~)"'...;r""":>:'>:FWIF"i"''''""'-"-<""--""'"""""'?"'C'i'",w.-~~~-~;tj''''M'~'';''1Ji'''''''i?T'f;<11\l1fl1ll1'1lW~)llj1ll'!1~ " i'i' '"'" 'AiIt-"iF , .- ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee, 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 contactthe 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.* Repoltihg tIle PQyJatefDatE of'NitLLvldillg. YOtllUust Ic.fjvll tile paydattfdate of nilLLoldillg vyl.elt sel.d;1I5 tile payn.ellt. Tile:; pttyJdtt./dare of njtllllolJhl5 is tIle Jate 01. nil;...." alllOtllft nas nitl,lltlJ (10111 tll(. c"llploye.::'& na5d. You must comply with the law of the state of the employee'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 119 below) 5, Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: CLINE. ANDREW EMPLOYEE'S CASE IDENrIFIER: 4667100826 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. B. 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 employee/obligor because of a support withholding, 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. 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 (b)l; 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. 10. '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. Requesting Agency: DOMESTIC RELATIONS SFCTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 Expiration Date: 12131/00 ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CLINE, ANDREW PACSES Case Number 743103718/3091'0 Plaintiff Name f : EILEEN CLINE Docket Attachment Amount 01=3084 CIVIL$ 1,144.00 Child(ren)'s Name(s): , . DOB ............................,................. '...,:':..::.:.::.,.:...::..:..'........:.':',.........::.::. . ................... ...... [j If~h~~k~d,;ou~;e 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 Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o 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 Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o 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. Service Type M OMB No.: 0970-0154 Expiration Date: 12131/00 0',. 1 ,_ '.',~ ~ - eo' i!.)tl' PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o 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 Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o 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 Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o 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 Form EN-028 Worker ID $IATT HL , c~,""'-~"-"-._ L__ . --.",' _"'0 -,-,_,-,-",_"_,_"~,,,.'"__ ,o.~~__, .<--L,_--"-,,, '~_,~d-" ."_~,J",.". "'. -.. '--', .' - , ," --,-_.,,;;_.)~{i \\Ntsh\family law\Client Directory\Cline-Eileen\pleadings\Appeal_ Demand for Hearing_Cumh Co.wpd 9/25/01 DR 30910 PACSES ID 743103718 EILEEN CLINE, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW ANDREW H. CLINE, Defendant/Respondent : NO. 01-3084 CIVIL TERM DEMAND FOR HEARING DATE OF ORDER: September 20,2001 AMOUNT: $1144.00 per month FOR: Alimony Pendente Lite REASON(S): I. Hearing Officer erred by failing to attribute Defendant with an earning capacity equal to his salary at his prior employment. 2. Hearing Officer erred by attributing Plaintiff with an earning capacity when she has not worked outside the home in approximately 13 years. 3. Hearing OtIicer erred by making Plaintiff s child support obligation effective 7/26/0 I when Defendant only filed his Child Support Complaint on 9/1 % I. PARTY FILING DEMAND FOR HEARING: Eileen Cline, PlaintifflPetitioner '1~S /0/ Date ;t(tW./A ~ ~ < . j- , ~ -, -,. . I ' '"~ " '" ",. _-~~_ ,;,.." :"ci..,;;..~~'~- , _~",___,"~~~ , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA EILEEN CLINE, Plaintiff ) ) ) ) ) ) ) NO. 01-3084 CIVIL TERM v. ANDREW H. CLINE, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE Defendant, Andrew H. Cline, by and through his counsel, Howett, Kissinger and Conley, P.C., hereby files this Answer and Counterclaim to Complaint in Divorce: ANSWER 1-13. Admitted. 14. No answer required. 15-21. Denied. It is denied that Plaintiff is without sufficient property to provide for her reasonable needs and is unable to sufficiently support herself through appropriate employment. To the contrary, Plaintiff has sufficient property to provide for her reasonable needs and is able to sufficiently support herselfthrough appropriate employment. It is denied that Defendant has sufficient income and assets to provide continuing support for the Plaintiff. To the contrary, given the fact that Defendant is the sole support at this time of his minor children, he does not have sufficient income and assets necessary to provide continuing support for the Plaintiff. It is further denied that Plaintiff is without sufficient funds to meet the costs and expenses of this litigation and that Defendant has adequate earnings to pay Plaintiff s counsel fees, costs and expenses. To the contrary, Plaintiff will receive sufficient funds through - . , , ~ . '" '" .,~" , ,." j,,' -',,--,",I - ;.-, ,.;1' '.> ''''';''d,,~'o\,-_j',;';__''-i__' ''''-,:,.-: . -'';'t:, .~ I equitable distribution to pay her counsel fees, costs and expenses, and Defendant, who will haye to pay his own counsel fees, costs and expenses from his equitable distribution share, will be unable to pay Plaintiffs. COUNTERCLAIM 22. The prior paragraphs of this Answer and Counterclaim to Complaint in Divorce are incorporated herein by reference thereto. COUNT I -DIVORCE PURSUANT TO &3301(a)(6) OF THE DIVORCE CODE 23. Plaintiff has offered such indignities to Defendant, who is the iunocent and injured spouse, as to render Defendant's condition intolerable and life burdensome. 24. This action is not collusive. WHEREFORE, Defendant respectfully requests the Court to enter a decree in divorce pursuant to g3301(a)(6) of the Divorce Code. COUNT II - DIVORCE PURSUANT TO &3301(a)(2) OF THE DIVORCE CODE 25. Defendant avers that he is entitled to a diyorce on the grounds that the Plaintiff has committed adultery in violation of her marriage vows and in violation of Section 3301(a)(2) ofthe Divorce Code. 26. Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. .~ ,-,- ^"-'-'-"I-- -' '1_ __ ~_ s. <';,)'"; "hi >~ -,. - ,;,;;:- 'C':';" , t 27. This action is not collusive. 28. There have been no prior actions for diyorce or annulment of the marriage between the parties instituted by either of them in this or any other jurisdiction. WHEREFORE, Defendant respectfully requests the Court to enter a decree in divorce pursuant to s330l(a)(2) of the Divorce Code. Respectfully submitted, Date: ! D ,..- Jh '1)\ J' owett, Jr., E uire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Defendant Andrew H. Cline " '_" I ""~" --..' ~J'i . VERIFICATION I, Andrew H. Cline, hereby swear and affirm that the facts contained in the foregoing Answer and Counterclaim to Comolaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: October 25, 2001 ~A4~:. ( Andrew H. Cline ,< ,- c. ," I' '~_ , _.",.:;., _,.'., '.__"',. J.,-;"",,, -~" ',,_ '0__ .'_ ~.""" "~q ~ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EILEEN CLINE, Plaintiff ) ) ) ) ) ) ) NO. 01-3084 CNIL TERM v. ANDREW H. CLINE, Defendant CNIL ACTION - LAW IN DNORCE CERTIFICATE OF SERVICE I, John C. Howett, Jr., Esquire, counsel for Andrew H. Cline, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Answer and Counterclaim to Complaint in Diyorce was served upon Maria P. Cognetti, Esquire, counsel for Plaintiff Eileen Cline, by depositing same in the United States mail, first class, on October 26, 2001, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandyiew Avenue, Suite 102 Camp Hill, PA 17011 Date: I 0 ~ -rf) I /'- f ohn owett,., Esquir HOWETT, KISSINGER & E P.C. 130 Walnut Street / P.O. Box 810 ,-- Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Defendant Andrew H. Cline "'~~M:M~W~~,,,!ifuH.i~ti~}-~~~~~Br.~k&'"'ti.,,;;;,",~~.*~J1i'!'i#_~_;A'dd aii' ,--[' I'Ilf-'~"' ~o~ .~ . ;f$M,,_,_J_, ',', ,- %0<,:'-''' J:_:mg,UJ_lJ.~J!~~~J~<n{"~~;">.,,C,.-_t,,,,;NJ!:~J <...,.J. Ul~ ,"~~,-,!,,- JJL zL_"., '-""1 __"',", , q,,~, ;, "'. -'<~'liii1~ -'-1"0' .,", " _, ,;, ~ c_' .lIJ.iI --'-" ~'_ I.~- o C :::::: i"'f6 92~'f; -7j" to:;~ -(~< ~~~ ;;--.C,' ..1>c: z =<! ~ .,.. ~-,~,,, ,,_ ~ . H'O C.J o C'"J --l ;:'.....) UJ :,) :;::, ~D C.' .---1 '<> ::n -<:; ~ r .c_ . '^'_.' ._,"'i~'_''-'"J~L;~,~"._ ",,_L ~:.~-L...-,_-" .."-,-,-,,-~j~~,~ __ - _.."_ , .1 -,-_~.-,-,,-k-':~, - iiI- - .: - MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp HiII,PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff EILEEN CLINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-3084 ANDREW H. CLINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR BILL OF PARTICULARS TO THE PROTHONOTARY: Kindly enter a Rule upon Defendant, Andrew H. Cline, to file a Bill of Particulars on the fault counts of the Complaint in Divorce within twenty (20) days after service of the Rule or judgment of non pros. AND NOW, thist.;!!uayof L./?)OI)P~ , 2001, a Rule is entered upon Defendant, Andrew H. Cline, to file a Bill of Particulars within twenty (20) days after the service of the Rule or judgment of non pros. a.7a , 74 Prothonotary 4 . - '-l.:o , "I . .- ,'_-1 "'i~~ '~'"" '."" ";;""~: 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA EILEEN CLINE, Plaintiff ) ) ) ) ) ) ) NO. 01-3084 CIVIL TERM v. ANDREW H. CLINE, Defendant CIVIL ACTION - LAW IN DIVORCE BILL OF PARTICULARS In compliance with the Rule entered on November 6, 2001 by the Prothonotary in the above-captioned action, Defendant Andrew H. Cline (hereinafter referred to as "Husband") submits the following Bill of Particulars: 1. Plaintiff Eileen Cline (hereinafter referred to as "Wife") has a history of alcoholism and despite Husband's support, of unsuccessful and insincere attempts at treatment throughout the parties' marriage. 2. During the period commencing in the mid 1990s Wife had become very aggressive and physically violent with Husband and the children. 3. During the period commencing the mid 1990s Wife engaged in a concerted campaign to alienate the affections of the children from Husband, including allegations that Husband was attempting to poison her. 4. In 1999, Wife refused recommendations that she commence inpatient treatment for her alcoholism but reluctantly agreed to outpatient treatment. However, shortly thereafter Wife again commenced consuming alcoholic beyerages and began to combine anti- depressant medication with the alcohol which caused her to become physically incapacitated. Throughout 1999 and 2000, Wife appeared at church andschool functions in an inebriated "" '_'I ," ., '1 ,__I -- L. ,i~",,-~,';,~" ~ ';;' Aiii1~~. condition. Eyentually, she developed a sex addiction, which combined with alcohol and drugs, resulted in emotional abuse and neglect of Husband and the parties' two children. 5. During the parties' marriage, Wife pursued inappropriate and/or adulterous relationships with a number of men. (Paul, Bemie, Jeff, Ron, Mario, John, "Mich", "Black Pelican" and Clint). The parties' children were aware of these relationships, as Wife engaged in frequent telephone conversations, meetings, E-mail communications, and "Internet sex" with these men in front ofthe children. Wife also entertained men in the marital residence in the presence of the children. This caused Husband great embarrassment. 6. Despite the fact that Husband had had a yasectomy Husband found that Wife had various birth control devices. Moreover, Wife's diary which she maintained at the marital residence contained graphic descriptions of her sexual interests and actiyities with the men she met. When Husband confronted Wife about what he found, she went ballistic, hitting Husband, swearing at him, slamming doors, using yery foul language, etc., which caused Husband much distress. 7. Wife neglected the needs of the children and often left them alone while she pursued liaisons with the men forcing Husband to reduce his time at work to properly care for the parties' children. 8. In October of2000, following an intervention arranged by Husband, Wife agreed to inpatient treatment through the Caron Foundation. However, after being at the Caron Foundation for only a few days, she decided to prematurely terminate said treatment program. 9. At that time, Husband agreed to bring Wife home to the marital residence on the condition that she not consume alcohol, not be involved sexually with other men, and that she cease entering "chat rooms" on the Internet which had led to several sexual relationships. 2 ," -.-- ~.'~-'. , ~~~ '- ." ',1 "s''- ;,,,, - 'U:'t1'-;r 10. Although Wife agreed to these conditions and on October 21,2000, she returned to the marital residence, by October 24, 2000, Wife was consuming alcoholic beverages again to the point that she was noticeably drunk by the time Husband returned from work in the evening. Wife was also at this point pursuing a relationship with a man (David) she met at Caron Foundation. 11. On Noyember 1, 2000, much to Husband's concern, the parties' children informed Husband that Wife had picked them up from school and driven them home in a drunken condition. 12. On November 2,2000, the parties's children telephoned Husband at work and informed him that Wife had failed to pick them up from school that day and when they had returned home she was unconscious. Wife's condition continued to deteriorate to the point that, when her supply of alcoholic beverages was depleted, she began consuming the various food extracts at the marital residence. 13. On November 8, 2000, at Husband's insistence, Wife indicated that she was ready to return to the Caron Foundation for inpatient treatment. Accordingly, on November 10, 2000, Wife was again admitted to a Caron Foundation rehabilitation facility. 14. While she was at Caron Foundation, Wife became sexually involved with two different men (David and Skip). 15. Wife's counselors at the Caron Foundation referred Wife to a cliuic for inpatient treatment for sexual addiction. Wife refused to follow this advice. 16. On December 27,2000, Wife was transferred from the Caron Foundation rehabilitation facility to a halfway house. 3 L.I ~.I....~-- ~. J, " I 17. On January 5, 2001, Wife left the halfway house and returned to the marital residence. Prior to her release and in a meeting in December of 2000, at the halfway house, between Husband, Wife and Wife's therapist, Margrit Goodhand, the conditions of Wife's return to the marital residence were discussed and Wife agreed that she would not utilize alcohol and that she would cease sexual involvement with other men. Based upon Wife's representations in this regard, Husband agreed to Wife's return to the marital residence. 18. Contrary to Wife's representations, as early as January 18,2001, Husband became aware that Wife remained sexually involved with a man she met ("Skip") at rehabilitation and who is also an alcoholic. 19. Thereafter, Wife continued her adulterous relationship with Skip, the use ofpomography in the marital residence and continued to have telephone conversations with her paramour. Wife also continued to spend hours at a time away from the marital residence in pursuit of her adulterous relationship with her current paramour. While at the residence, Wife neglected homemaking responsibilities including cleaning, laundry, etc. 20. After early February 2001, Wife refused Husband's many requests to participate in marriage counseling. 21. Husband is emotionally devastated by Wife's conduct. 22. Husband has had to take a less lucratiye employment position in order to be able to provide appropriate care for and meet the needs of the parties' children. 4 ., , " _0 ..,> J: '.-'.,.' __1"' 1= "- 'l'L" j,'i~ 23. Wife's behavior has caused Husband considerable embarrassment. n.re ~r- Respectfully submitted, ~..~ --~-,~ ~. ') ... John C. Howett, Jr., Es ui Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Defendant, Andrew H. Cline 5 VERIFICATION I, Andrew H. Cline, hereby swear and affIrm that the facts contained in the foregoing Bill of Particulars are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: 11/26/01 Cll,v4-QyLO Andrew H. Cline .c,,,," ~,.~ . I., I ,_ ,';-1 . , -'",'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EILEEN CLINE, Plaintiff ) ) ) ) ) ) ) NO. 01-3084 CIVIL TERM v. ANDREW H. CLINE, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Andrew H. Cline, Defendant in the above- captioned action, hereby certifY that a true and correct copy of the foregoing Bill of Particulars was served upon Maria P. Cognetti, Esquire, counsel for Plaintiff, Eileen Cline, by depositing same in the United States mail, first class, on Noyember 26,2001, addressed as follows: Maria P. Cognetti, Esquire MARIAP. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Date: /~~ ""-- ::'~Y'/: John C. Howett, Jr., Esquir Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 Telephone: 717-234-2616 Counsel for Defendant, Andrew H. Cline ~ :%J,~pVl1, ,~r_JJ" l,,-~\WJ~U!;L, _,;J.~illlJ,,:n~,1::::;H:. JI", 1,,[ r",. '}.,J,;c-,,>\mlk;t.~:t""'--"i1"'~/;,!ili'\'ll'~~,Ri'f,"';!i!~___ilirl'- ."_~~","C-->_", H ~o F , ";~.L 'H[gI;Ii!l<:~'~ ~';'-~-~[~rti'll'l~llii o c ;;r- "D .~ nlrn", , /., -;.-,!.i ~_,r..1 L~--" (J) 'c. ~,~;~' ,~ J,.'&-C:' :;:,~>.:,: )>"" ~~; ~':i -" ,-,--.,,~--"~-,," ~i~ h t I , C) z ::~1 '"':;:' f-':C N 0', 'n! v :J:: ('...- .' --;-=~ :~S~. ~ :-0 -< l:'" =:> ~t ~ < , EILEEN CLINE, PI ai ntiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION ANDREW H. CLINE, Defendant : ~~t;imfci~~}B ANDREW H. CLINE, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION EILEEN CLINE, Defendant PACSES NO, 317103817 NO. 753 SUPPORT 2001 . INTERIM ORDER OF COURT AND NOW, this 19th day of February, 2002, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. Effective March 1, 2002, Andrew H. Cline shall pay to Eileen Cline as alimony pendente lite the sum of $1 ,400.00 per month. . B. Our prior order of September 20, 2001, is affirmed in its entirety and, except as modified herein, shall remain in full force and effect. C. The complaint of Andrew H. Cline for child support docketed to 753 Support 2001 is deemed withdrawn. , D. This order is entered by agreement of the parties as a compromise and entirely without prejudice to the claims of either party with regard to the earning level and/or earning capacity of the other, which claims are specifically reserved for later litigation if necessary. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R. C. P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. . ii , , ',", .^~'... H , .~ .."<', '. - ".""",.~"".- _;'~'~'"""M"'" ~" """.w;u;H~'lj"[r-J!ijj!r'.'rjr'ffi".' .j r / G" F'-~ j,-' '!",., om '.,!.1 t'\ ,.1' ~.:. ('; .,,' '.J ,,....\1j,\/, :" 'vGI'/;!~:.~:';.i""!',,i'J.:, i',;( i' il\rr / PC!'!j\!::\\!L1'"' ,'---'VI'!l i , V '~u J '//i;\';IA l ~ '-'IiI_~_.__~~'_~',_ ff;fff.l\llltl!Jll!lMll!'"~~J~""Io/-4-<l"~1W<""['i'*"l,"-vc,".C-".dT' ~'_"'-;='_>':"':I"'f.""<'j:';';I~",,:wJ!rr:;JF11'h~\i'r.1P"iiii1illj151?WfW~~~~~~ - . , . . . . CC: Eileen Cline Andrew H. Cline Maria P. Cognetti, Esquire Donald T. Kissinger, Esquire DRO 7. e o_urt, . .;9. ~. , " " ." ~~hj'aL<'_'. ~ Kevin A. Hess, J. - , , "'hit"''''' , EILEEN CLINE, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 743103718 NO. 01-3084 CIVIL TERM , ANDREW H. CLINE, Defendant ANDREW H. CLINE, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 317103817 NO. 753 SUPPORT 2001 . EILEEN CLINE, Defendant SUPPORT MASTER'S REPORT AND RECOMMENDATION A hearing having been scheduled before the undersigned Support Master for February 15, 2002, and the parties having reached an agreement, the following report and recommendation are made: FINDINGS OF FACT . 1. The Plaintiff in the divorce action docketed to 01-3084 Civil Term is Eileen Cline, who resides at 2536 South Carbon Street, Allentown, Pennsylvania. She is also the Defendant in the action docketed to 753 Support 2001. 2. The Defendant in the divorce action docketed to 01-3084 Civil Term is Andrew H. Cline, who resides at 257 Carol Street, New Cumberland, Pennsylvania. He is also the Plaintiff in the action docketed to 753 Support 2001. . The parties are husband and wife and are the parents of two minor 3. children, Haley Andrea Cline, born August 19, 1988, and Catherine Ann Cline, born July 14, 1990. 4. The parties separated on or about March 23, 2001 . 5. The children reside with their father. 6. On July 26, 2001, as part of the divorce proceedings, Eileen Cline filed < a claim for alimony pendente lite. Exhibit "A" ~ , 7. On September 10, 2001, Andrew H. Cline filed a complaint for support of the children against Eileen Cline. 8. A consolidated conference was held on September 20, 2001, after which a recommended order was entered in 01-3084 Civil Term requiring, inter alia, that Andrew H. Cline pay alimony pendente lite to Eileen Cline in the amount of $1,144.00 per month effective July 26, 2001. The complaint for child support was dismissed because consideration was given to Eileen Cline's child support obligation in the setting of the APL order. 'cj 9. On September 27, 2001, a demand for hearing was filed by Eileen Cline. 10. A hearing was scheduled before this Master this date. 11. The parties have reached an agreement in the form of a letter of counsel resolving all outstanding issues. Said letter is attached as Exhibit "A" and is incorporated herein. " RECOMMENDATION A. Effective March 1, 2002, Andrew H. Cline shall pay to Eileen Cline as alimony pendente lite the sum of $1 ,400.00 per month. B. Our prior order of September 20, 2001, is affirmed in its entirety and, except as modified herein, shall remain in full force and effect. C. The complaint of Andrew H. Cline for child support docketed to 753 Support 2001 is deemed withdrawn. . D. This order is entered by agreement of the parties as a compromise and entirely without prejudice to the claims of either party with regard to the earning level and/or earning capacity of the other, which claims are specifically reserved for later litigation if necessary. . 1~d 11,L{JOL Date ~~,-, u-,wuQ Q J"1-,-,-IL~ Michael R. Rundle Support Master . ""'"-'~"" , ~!iifuk'- -~, LAW OFFICES OF HOWETT, KISSINGER & CONLEY, P.c. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG. PENNSYLVANIA 17108 JOHN C. HOWEIT. JR. DONALD T, KISSINGER CINDY S. CONLEY DARREN J. HOLST (717) 234-2616 FAX (717) 234-5402 DEBRA M. SHIMP Legal Assistant February 14, 2002 VIA FAX & MAIL (717) 240-7777 Michael R. Rundle, Esquire Cumberland County Support Master 9 North Hanover Street P.O. Box 320 Carlisle,PA 17013 Re: Cline v. Cline PACSESCaseNo. 743103718 Dear Mike: . Please be advised that I represent Andrew H. Cline and Maria P. Cognetti, Esquire represents Eileen Cline in connection with domestic matters. The parties have reach agreement regarding entry of an order with regard to the above-referenced action as follows: 1. The effectiye date of the order shall be March 1, 2002; 2. Andrew H. Cline shall pay the sum of $1 ,400 per month to Eileen Cline as and for alimony pendente lite; 3. The $1,400 monthly figure considers Eileen Cline's cross-obligation for support of the parties' minor children, and therefore Andrew Cline's claim for child support is hereby withdrawn; 4. Andrew H. Cline shall be responsible for providing health insurance for Eileen Cline and the minor children; 5. This agreement is entered as a compromise and entirely without prejudice to the claims of either party with regard to the earning level and/or earning capacity of the other, which claims are specifically reserved for later litigation if necessary; and Exhibit !IAII -,,':''',i Michael R. Rundle, Esquire February 14, 2002 Page Two 6. The parties agree that their respective counsel may execute this document on their behalf and also agree that the terms set forth herein shall be entered as a court order. -~~- Donald T. Kissinger, Esq e Counsel for Andrew H. Clin ,.1 - ~~L!.~'c,' ,.. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT Jft, ~OI- 3ott../ Crt/If.... State Commonwealth of Pennsvlvania fJJ4C<;[.\, 7'/:>'/'()'77/0 Co.lCity/Dist. of CUMBERLAND T'/ /, ::J D Date of Order/Notice 03/01/02 })j( 301/D Court/Case Number (See Addendum for case summary) o Original Order/Notice @ Amended Order/Notice o Terminate Order/Notice .. ) RE: CLINE, ANDREW ) Employee/Obligor's Name (Last, First, Mil ) 196-42-8874 ) Employee/Obligor's Social Security Number ) 4667100826 ) Employee/Obligor's Case Identjfier ) (See Addendum for pJaintiH names associated with cases on attachment) ) Custodial Parent's Name (Last, First, MI) ) EmployerlWithholder'sFederal EIN Number COMMONWEALTH OF PA EmployerlWithholder's Name C/O PAYROLL OPERATIONS EmployerlWithholder's Address ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: 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. $ 1,400.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes <Xl no $ 0.00 per month in medical support $ 0 . DOper month for genetic test costs $ per month in other (specify) for a total of $ 1,400.00 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 how much to withhold: $ 323.08 per weekly pay period. $ 646.15 per biweekly pay period (every two weeks). $ 700.00 per semimonthly pay period (twice a month). $ 1.400.00 per 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 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 pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and 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, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: .(<tAR ~~ KbV/~ 4, I ~ ~OMBNO"0970-0154 ~ -3- 4,0 ~ Expiration Date: 12/31/00 42002 .4.. Service Type M JuD&C Form E N-028 Worker ID $IATT ~ .,,_J_,- -~~ """." .-~ >'-,. l~ ~~~. .- ~... ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your employee. ~,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. * Repoltil 's II.. P.y~atefDate of Witl ,I.oldins. Yoo n ,0sl Iepoltthe paydate;\iate of .. ithholdil 's ..I,"" "IodiloS 1I ,e pay Illent. The I'M.ydAle/dciLe of vvitllLoldil,g i311.e date 01. vvl.id.lhIlOUlll noS vvitl.l.cld hOlll L1.e ~llIpluyee'5 vwages. You must comply with the law of the state of the employee'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 employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: CLINE , ANDREW EMPLOYEE'S CASE IDENTIFIER: 4667100826 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-<liscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to empioy, or taking disciplinary action against any employee/obligor because of a support withholding. 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. 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 (b)l; 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. 10. *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. Requesting Agency: 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 (7171 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker 10 $IATT Service Type M OMS No.: 0970-0154 Expiration Date: 12/31/00 - . " ..., ~ 'ad"",,", ADDENDUM Summary of Csiis on Attachment Defendant/Obligor: CLINE, ANDREW . 74310371aj009! () PACSES Case Number Plaintiff Name EILEEN CLINE Docket Attachment Amount 01-3084 CIVIL$ 1,400.00 Child(ren)'s Name(s): DOB di;..~~~~~~~;~~~;;~..;~~i;~J;~~~;~II;~~~~il~i;~~)................................ identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o 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 Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o 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. Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name{s): DOB 2l;;~~~~~~~:~~~.;;~. ;~~~i;~..;~~~;;II;~.~...~.~il~i;~~;................... identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o 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 Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB o 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 Form EN-028 Worker ID $IATT OMB No.: 0970-0154 Expiration Date: 12/31/00 ~~ii1k~#;c-'''';<>'':Ot.0';"''I",~'"'i,<d;h~"_!~'''d-,k,",[,,-,,,.,..,Q",,,,,.:,,,,d,,~,,,,,-,,!~\''';i0l'--d~];h-:'iiil",,,,'lio.;;w.~iI<~Ii€lli~JJ$~:Il~~~IioIF.O~~IllI--~ '7,'+ ',.iJJ, J:~U- ,~",.""""_._",,,,~ll~~,.1,,, '"",, .", "", .,_,~ ~'","_-7" '"" P ,'"O,~,><,,~, _ o (- .~.? .."-- -OeD rrlrr :-!::';' "i'( ~{~'I ~'I_-' '~(] ,~( ) );,.e: -? :1 ,_~"..u';-<."" . .c .",,,_ _ _"_~ .1, - ~- -,- ^ o ['...} :::;:t:. ''-'' ;0 I (.J"i. ,,,," . . " ,.-~ ::rl ,\ ;"~,i ;l} ~""O -c: -~ ;....,.-, ..;;~) " '2(') ~2\rn ~ -< c .. ::> !l;!, ~=.~ ~K _ ...._ T~" "~:llil'JJm.I:;f..",",p,,,-; Date of Application: APR 2 3 2002. No. (ll- 3081./ CI'vl'l CUMBERLAND COUNTY DOMESTIC RELATIONS 4/19/02 Request for Support Record Search (/uw <- ~'f.- re..ftdts, ~I . tla.. 30Q ID . Name: Cline Andrew (Last) (First) Address: 257 Carol Street, New Curoberland, PA 17070 Social Security Number: 196-42-8874 Domestic Relations Case Number if Known: Party Requesting Information: Charter Settlement Services, LLC (Print Name of Firm Name) H. ess.J1Qtfl./l/l./f (M/) D.O.B.: (717)975-2117 (Telephone Number) 4705 E. Trindle Rd., Mechanicsburg, PA 17050 (Address) (I ~ ,m ' (Signature)r ~ , (717)730-9665 (Fax Number) A Twenty Dollar ($20.00) Fee is Due per Social Security Number Make check or money order payable to: DRS/Lien Search '/.. INITIAL REQUEST Has no Record in Domestic Relations as of: (Date) Support Arrears as of End of Month Prior to Date of Application: $ fo48'. l./:J... Monthly TotalSupport Obligation: $ 1'100, 00 / mOfrlA , The Amount shown above is reflected in the Domestic Relations Section Office of Cumberland County, Pennsylvania. Domestic Relations Case Number: Signed: CuJ~; 711.15.1;/L U (LIen Search Coordmator) fY\uYlblf<lt 1Ilowr( 00 8'2.1.0 PilCH':; ~7Lf3103118 '-I ~- 0 J. (Date) BRING-DOWN REQUEST Support Arrears: $ As Of: (Date) Signed: (Lien Coordinator) (Date) *** Lien Satisfisfaction Receipt Available Upon Request*** ~~!iIimw",~j. :;';~'" .t'.",,"-"';~, 1'}"";d;i;l:Wf~,,E.4HH' 'h:.".' "'_:,"';_M',:llhU",,".,(,,":3'l.~<~M0;I,i,>M_'!il'''''k~WaoiMlii!Il~iIlII~~~~_J!l'__"AA~ ..UJJ!!)lTJV~-"J,'-..~-,.DR!t'f,~A~,U7t~1ll-,)1_tJl_\?7,_~ v- ""<~ ", .,L",:-",!!.v,", _",'.C'~'_'.-" !-~,.H~._" -'~" ,_~ '-- <, " ~ . - o ~~ "l'"J\:~: IlllT; ::?.::::_' 2:~_- ~~~;'- ~f} z -~ ~< C.:J- r~J ...". "0 C;'~ ;'V ::J .~- ;--~.)< ~:) c~ ...,--j ~f~~ ~., =9. -- -,;, R':r,_' N :.11 (l' n,v, . ,i ~~~q <(.'~ ~ . =,~ - ~~ ,~-- &-'!iliIii.:-*'i~ LIEN SATISFACTION Pacses# 743103718 No. 01-3084 CV DR# 30910 Name: Andrew Cline Social Security Number: 196-42-8874 Judgment Lien Satisfied as of: Mav 22. 2002 Amount Paid: $ $648.42 Signed: ~jj~ rho r61~A- (Lien Coordinator) tf-)'-/-O:2.. (Date) ~\~,iI~Ilil.~~.""lM;,"';'1I.1lt""-"lt~I-l"t-lil"tb"""M;!i!i'>11'll-JOi!li,iJJ;r,b",1i--ll",,,,-..",il!:("l"",;,)L::.F."'''fw'iM-_;,.r~iJ!:,~~l&II ;c:-:t~",-"H)JJ!I: ,\.<' - ,"'~o,j,-'W'-N'_">',,!>Y'"~_~ ",nr,tltA~"J l. .",,,,J:! _.,J~l,C",~"cr",,"-'~' '"__''' ,.,",- ] , - ,,<< .,e.-.H,- lilI!f!IIllnll!<'1 _c,. ". ~"H _~_ ~,_ -h (') 0 Q c N :!!:: "'UUi V,) '~j ~gj 1Tl ;" 'Tl -0 I"~ ~s;: N ,fn ,~-' en -:~)h '"'. tSY ~c: -0 ..,0 ~c "1""-'/ ::J:: ;5::0 -0 -:;pC) )>c ~ om Z ::::) ~ =< (J'l -< ! f;~ " ~- n__~ J. ,,'~.,.,- . .; . " . , " ",-- )", ,- "J ,.t,'. . ':~f)_ "- " EILEEN CLINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3084 CIVIL ANDREW H. CLINE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~ 0 fw ,'/ day of \r 2002, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated May 10, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Maria P. Cognetti Attorney for Plaintiff Donald T. Kissinger Attorney for Defendant ~~ 5)3,}0:2. ~.'f'. w~, ~ ~ ,;~ , ~~~ I , f:;wm . ). ~ ,~~ ,,~ .. . -v __v_ l.;< ~~ " >C", -" ',' '",-" '<",-,1'- ,'~; )-C"T";CE . '-'T~ 1(":':!0JTI\R;'JI , , ,,_, - ,'~ I,\! "f ~o ,"" ,-- ,:-;: :)~+ [y,;, , C0r-L,;~> ',J COUNTY' FEI\I[\;SYlVlNiA - ---"-""';'(:--f~h'i> :'''f':'' ~""!--:" ':'<"-' tlrk-'v..y^ ,.-t~:ir<r-'-~"rr''''~rJ -'~"n-,;y"" l~~_,~~_o/llII\""", ~",..,...,.a~'!\Ill""f$lIlFli\~<,,~..-!.W!r;;,'1!-'i"""~1!'.l"~!il$~l'J!i1jlllllj~Wil<<iW",~I''l'~lIil~~,1~'it ~-~~"' J<,_d,; ,'.' ; .......,. ~ I ... l' ~TALSETTLEMENTAGREEMENT BY AND BETWEEN ANDREW H. CLINE AND EILEEN CLINE Donald T. Kissinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Andrew H. Cline Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Telephone: (717) 909-4060 Counsel for Eileen Cline " ~ 'o""J \t";.' ....K~"'-'..., ,.-, ~"J " I ~J " '__l --~-,.J_~ " -~ '"' , -~H ~. ,. MARITAL SETTLEMENT AGREEMENT TIDS AGREEMENT is made this I 0 day of YYl Cl~ ' 2002, by and between ANDREW H. CLINE, of Cumberland County, pennsY~Vania, and EILEEN CLINE, OfCiJ~County, Pennsylvania; WITNESSETH: WHEREAS, Andrew H. Cline (hereinafter referred to as "Husband"), social security number 196-42-8874, was born on November 30, 1951, and currently resides at 257 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070; WlffiREAS, Eileen Cline (hereinafter referred to as "Wife"), social security number 179-48-9933, was born on July 7, 1957, and presently resides at Delbrook Apartments, 410 Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, the parties hereto are husband and wife, having been lawfully married on March 2, 1986; WHEREAS, the parties haye lived separate and apart since on or about November 10, 2000; - --" - - W IlliJlliAS; tWo -cmldIen were bom- of tiie inarriage between the parties, namely Haley Andrea Cline, born August 19, 1988 and Catherine Anne Cline, born July 14, 1990; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 ,{f<;":' ,. , NOW, THEREFORE, inconsideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each ofthe parties hereto, Husband and Wife, each intendinll. to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Donald T. Kissinger, Esquire for Husband and Maria P. Cognetti, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully.kno_wn:g the same,. each party hereto s~!l de!:ires to ex;e.i;uJe. this Agreement, . acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs oflitigation. 2 .' : , h 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with cOWlsel the concept of marital property Wlder Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is faiJ~.rejl.s_o.nab1.e an<:Lequitable; and -is - . - . ----- ---- .---~--------~ ----~----- ----- satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal cOWlsel. 3 ,. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any marmer whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties aclrnowledge that on May 21, 2001, Wife filed a divorce complaint in the Court of Common Pleas of Cumberland County, Permsylvania pursuant to S3301(c) of the Divorce Code and docketed at No. 01-3084 Civil Term. The parties agree that simultaneously with the :x~c~!ion ~o:[ tfri~ f,.greemeIrt,-eachof-them- will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife who shall promptly submit said affidavits and waivers to the Court, along with a Praecipe to Transmit Record, Vital Statistics form and any and all other documents necessary to precipitate the prompt entry of a Divorce Decree. 4 " _.~ . S. EOUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 257 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Husband shall become the sole and exclusive owner of the Marital Residence and shall be pennitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Wife shall, at Husband's request, execute a deed transferring all of her right, title and interest in the Marital Residence to Husband. (2) Wife agrees that as the date of execution ofthis agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due unde! anY !l~Cl1 in~UIanc.e-policies. - - - - - (3) Commencing on the date of this separation, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be 5 ."~ " - I. . - '~- incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. (b) Furnishinl!s and Personaltv. (1) The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings remaining in the Marital Residence. Notwithstanding the for~ing, the parties agree that Wife shall receive, as her sole and separate property, the items currently located at the Marital Residence and identified on Exhibit "A" attached hereto and incorporated by reference herein as if set forth at length. Wife shall remove the items identified on Exhibit "A" from the marital residence within thirty (30) days of the date of execution of this Agreement: (3) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or inte~est of Iiw;b_and,. alLof - - tlle l'eJ:so:i1illt)i arid fumishings currently in her possession and those items identified on Exhibit "A." (c) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1997 Honda Accord Wagon automobile currently titled in Husband's name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance 6 - > I ' , ~ .. thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the 1999 Honda Accord Sedan currently titled in Husband's name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicle belonging to Husband by virtue of this subparagraph. (3) The parties agree that they will cooperate in effectuating any necessary transfer of titles and insurance to accomplish the purposes of this subparagraph. (d) Life Insurance. Except as provided for herein, the parties acknowledge and agree that each shall retain, as his/her sol~ andsepar~ttl prop_eIty, any_and all -ltfe insurance policies in his/her name, free of any right, title and interest of the other party. Notwithstanding the aboye, for so long as Husband is obligated to pay alimony pendente lite or alimony to Wife pursuant to paragraph 6 of this Agreement, he shall maintain Wife as beneficiary of his State Employees group life insurance policy to the extent necessary to pay to Wife either Forty-thousand ($40,000) Dollars or the amount necessary to satisfy the remainder of the alimony term outstanding at the time of Husband's death, whichever is lesser. 7 .11. I ~., (e) Pension and Retirement Benefits. Except as specifically set forth below, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Accordingly, the parties specifically agree that Wife shall retain as her sole and separate property her PSECU Individual Retirement Accounts and her Vanguard Individual Retirement Accounts free and clear of any right, title, claim and/or interest of Husband and that Husband shall retain as his sole and separate property his PSECU Individual Retirement Accounts, his Fidelity Magellan Individual Retirement Account, his American Century Individual Retirement Account, his Vanguard Individual Retirement Account, and his Peunsylvania State Employee Retirement System Retirement Benefits, free and clear of anY anI! allpgbJ,JiJ:le, {llaim and/or interest of Wife. Notwithstanding the above, the parties agree that Husband's Kirkpatrick & Lockhart 401(K) profit sharing plan shall be distributed between the parties with Wife receiving a transfer from said plan to an Individual Retirement Account in her name alone in the amount of Two Hundred Thousand Dollars ($200,OOO)~Upon transfer, said amount shall become Wife's sole and exclusive property free and clear of any right, title, claim and/or interest of Husband. The ~ainder in said profit sharing plan shall remain Husband's sole and separate property free and I (' 8 . \\ l_ . 1 w\k,\"'\ l"\ +w....,A.." (;)0) f \""'l"\~~€r 0'" 'So,,\c\. JSu,.~d.,> WI 'O€. VWJ..Ql€-. . ~:;+::\ ~,\!:> stm~ ~e.. d..oI..+-e. ~e-c;rQ. 'LJi ~Cl.v'\~~<"' ace:. VI c.c..cl.l\ 'u) i Ic;\-,', n. -tw ~ (~o > cA..~$) ~.h~..e So_-\-) .,; \ "-.\'1 ~ \ 5 ~ II Q. (\ [\ oH , clear of any right, title, claim andlor interest of Wife. In order to accomplish this transfer, the parties agree that Husband's counsel shall prepare a Qualified Domestic Relations Order or a Domestic Relations Order, whichever is necessary in a form acceptable to both parties. Both parties shall cooperate in providing Husband's counsel with any and all information or authorizations needed for him to prepare the QDRO or DRO. (1) PSECU Checkin!!'/Sltvin~s Account. The parties acknowledge and agree that Husband shall remain the sole and exclusive owner of his PSECU checking/savings account free and clear of any right, title, claim andlor interest of Wife and that Wife shall remain the sole and exclusive owner of any such financial accounts in her name alone, free and clear of any right, title, claim andlor interest of Husband. (g) Children's United States SavID!!'s Bonds. The parties acknowledge that during the marriage they acquired United States Savings Bonds, some of which are titled in their names and, some of which are titled in the names of the children. The parties specifically agree that these bonds shall be maintained as presently titled with the understanding that said bonds will be utilized to fund the expenses of the parties' children's post high school education. -- -- --, (h) Equitable Distribution Payments. Husband agrees that he shall pay to Wife as and for equitable distribution the sum of One Hundred Twenty Five Thousand Four Hundred Ninety Four Dollars ($125,494) payable as follows: (1) One Hundred Thousand Dollars ($100,000) payable within forty eight (48) hours of the entry of a final decree in divorce; and (2) Twenty Five Thousand Four Hundred Ninety Four Dollars ($25,494) payable upon Husband's obtaining refinancing of the mortgage associated with the 9 Marital Residence which Husband shall obtain within thirty (30) days of the date of execution of this Agreement. (i) Miscellaneous Properly. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 0) Pro\lerty to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (k) Propertv to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awa~ded to him py th~ terms .o[tbis - - -~ - Agre~~nt. -Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (I) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those 10 ~~-------- .' '- described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court ~d <Icmal _ attomeyis -fee~ incurred by Husband in connection therewith. (0) Warranty as to Future Obli~ations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 11 - ~ " Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Except as provided for below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Notwithstanding the above, effective March 1,2002, and every month thereafter, for a period of thirty-six (36) months, Husband shall pay to Wife as and for alimony pendente lite, prior to the entry of the parties' diyorce decree, and as and for alimony, after the entry of the parties' divorce decree, the sum of One Thousand Four Hundred Dollars ($1,400) per month. Said alimony pendente lite/alimony payments shall not be modifiable for any reason ap.g shall - terfuiiliite only upon the first of the following to occur: (i) Wife's cohabitation; (ii) Wife's remarriage; (Hi) Wife's death; (iv) Husband's death; or (v) The expiration of the thirty-six (36) month period. 12 ,. Wife shall be responsible for taking all steps necessary to notify the Domestic Relations Office of the Court of Common Pleas of Cumberland County, Pennsylvania, through whom the alimony pendente lite order is currently in effect, of the date of entry of the divorce decree and of the fact that the order should be converted from an alimony pendente lite order to an alimony order. The parties acknowledge that alimony pendente lite/alimony amount was arrived at by the parties after consideration of Wife's obligation to Husband for child support. The parties specifically agree that the alimony payments are to be reported by Wife on her income tax returns as taxable income to her and are to be deducted by Husband as alimony on his income tax returns. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as oftheex.ecu!i?~_cl~~_q(this Agr.eement,.Husband-and Wife eaeh . - - waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 13 - -. ~ - "~ - . "'~ I J , -. c. , 9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the tenns of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms oithis Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 10. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement Furthermore, except-as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future, However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or 14 '-' t right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date ofthis Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate fro~ _~y ~~ all rights, <:lai.!p.~, 9.emands.Ol: ._ - - - - - obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to 15 . , participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 11. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date oftherr divorce decree all financial records relating to the marital estate, and each party will allow the, other party access to those records in the event of tax audits. 12. MODIFICATION. No modification, rescission, or llll1endment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 13. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 14. BREACH, If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breacbing party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16 .... , ,-, '" 15. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Andrew H. Cline 257 Carol Street New Cumberland, P A 17070 and to Wife, ifmade or addressed to the following: Eileen Cline Delbrook Apartments 410 Brook Circle Mechanicsburg, PA 17050 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be -C0nstroed and enforced IIDder the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as oithe date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or ifnot on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 17 ,-A I ~ ,. )l 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a. reconciliation. This Agreement also shall continue in full force and effect in the event of the parties'divorce. There shall be no modification or waiver of any of the temlS hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Bach party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 18 L I ~ , ,,' (, JI 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 25. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~f')/uMIf ~ ' . ~.J/}.) 01...110, E EEN CLINE 19 ,~__~ - On ~" ~" ~ , , I ", ~ ~.a"'""j.t\' l ~ . "AJ ... COMMONWE ) ) ) COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared ANDREW H. CLINE known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of V1lftLY ,2002. My co=ission expires: NOTARIAL SEAL tlE~ ~ NQlARV-1'll8Ut. C1lY OF HAllRlSBUIlG. OAllPHIN COUNTY MY COMMISSION EXl'lRES AUG. 29 2005 20 "-'<_b_. ~ . - ,,'" . ,'~, ~ COMMONWEALTH OF PENNSYLVANIA COUNTYOF (}.//mlu-/and .-' "^' ; ok.' I ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared EILEEN CLINE known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Jj.. /15 day of rrZt ,2002. l dJdj Notary Public in and for Commonwealth ofPennsy ania Typed or printed name of Notary: My commission expires: - NOTARIAL SEAL Can~th 'l Hill, Notal'JPublic Fainiew Twp.. York Cov.Dty My Cmnml<sion E2pires lift 19. 2005 21 , ~- .-,- - ~~:- " ~ " ' _,.-~ I ~J,,",,~' lli~ii I I I I , i I I ....' .. ......... . EXHIBIT ''A'' List ofItems to be Removed by Mrs. Cline 1. Chandelier 2. Lamp in dining room 3. Side board in sun porch 4. China closet in dining room 5. Tall-mirrored seat 6. Sofa in living room 7. Grandpap's chair in basement 8. Gr~dpap's dresser in basement 9. Bamboo shades 10. Heavy oak mirror in basement 11. Make-up table in bedroom (desk) 12. Computer table in basement 13. Grammy's end table in bedroom 14. Silver dollars from grandparents - 1800's, 3 or 4 - -IS. Vacuum cleaner 16. Notes andjoumals from Caron 17. Stained glass tools 18. Wicker chair in basement 19. Yz offami1yphotos 20. Wicker table in guest bedroom 21. Some Christmas decorations 22. Fireplace screen in basement 23. Hope chest in Catherine's room 0-' ",-_",c-'_.,:c..,,_-~,_,~~"~, "-, ,_b,,___,_ ,_.,.jL",~_ <.:...;.l,"__,~,_:_ 'k~'",L,""L ;~"-"-:! ::"cL , '. '. . . .. .' " .. \ I' ... MARlA P. COGNETTI & ASSOCIATES MARlA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 CampHill,PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff EILEEN CLINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3084 ANDREW H. CLINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~ 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 4th day ofJune, 2001, through his attorney, Donald T. Kissinger, Esquire. An Affidavit of Acceptance of Service was filed on June 13,2001. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Plaintiff, on May 23, 2002; by Defendant, on May 10, 2002. 4. Related claims pending: Settled by Agreement dated May 10, 2002. '!:!t1\I';%;-:1;i~~~!li:l!l~~~-~"'~~ -"-'-~;illF.;{~:!il'l.'".,'1i'i-il1,."'-~'W'~1l:!_"~"""--" ':",,,,m,,..~I""""'" ~ ~-"'~"~"^'~'~~'"'''~''''''''~~' _..~-~ -. -- , I . -, ,-' :-,_ ',._,; ;. cO ~"-~~"_')"^,r~-o,:J. ".,c<, -,d ",,-i.b;,,~~,'-'_.J, "._,,' .<-,"__~,_,_",-,,"'.. "I.:" J-,.", ._' .",d. ,("c_.I, c,;"_,j',_ " , . " " " " . ( .. 5. Plaintiff's Waiver of Notice in 9 3301(c) Divorce was filed May 29, 2002. Defendant's Waiver of Notice in 9 3301(c) Divorce was filed May 29, 2002. MARIA P. COGNETTI & ASSOCIATES Date: June II ,2002 By: j{~ 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff .",-",,' ,'-_,", ',",,-,,-,,,,,,b ..--,---.~,~""c_-"-' ~ ~_ "'-.,-_,,,-,,J,",,,.ili,,,,,,,~,,-hd_- _, -,,_ __,_,) ,_,__",_~, ,,,,-,,-,,~_ ',,,--,' ,I, ." , , . . i ji;. CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Praecipe to Transmit Record by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire HOWETT KISSINGER & CONLEY 130 Walnut Street P.O. Box 810 Harrisburg, P A 17108 MARIA P. COGNETTI & ASSOCIATES ,2002 By: ~~~ Attorney I.D. No. 27914 Date: June I ( 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ~.",. "---'~-m.,;l%'li' --~- ~~'7't~,~~%l>:!!'#;!:l\,;f)N" "I;'-"""""'''''''~_'''-''''''=''''-'-''''=-''''''''''~~''''''''' ,_~ _,,_,~ - _.,~ 0". ----~-". - ~",,'"----- -- , "c...;""_",,..L'h.-,_,_",,~j.,..~". , , . , ... (") c::> 0 C ,-C> -1'1 ;;;: '- .-{ -0 OJ c::: i:~~~ OJo ,;e 4C....- ~J...' -,~l-n ZC r'-" -;CO (j'''-'' :~~~)l ~~ ~"'~J -" .z -r1 ~Q --.- ~'>io :;;g brn "Z '" ~ ~ rv ~~ "''Ii: --w,,'",t"" ,,',--.,'.;:" ',' '.,- '"-,~ .~'" --L,~".JJ"'_'""C'_,_:cJ~.._, ".',~,_. _," ,--,-~_;""j '-"_LL_~,__,. <<J-,c",_J.,," ' MARlA Po COGNETTI & ASSOCIATES Attorneys and Counselors at Law Practice Limited to Matrimonial Law Maria P. Cognetti* Attorney at Law Karen A. Sheriff Paralegal *FeItow, American Academy of Ma.trimonial Lawyers Candith Y. Hill Paralegal November 2, 2001 E. Robert Elicker, II, Divorce Master Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE: Cline v. Cline Our File No. 240 Dear Mr. Elicker: Enclosed please find Plaintiff's Discovery Certification. Should you have any questions, please do not hesitate to contact us. MPC/cyh Enclosure cc: . Eileen Cline, w/enclosure John C. Howett, Esquire, w/enclosure 210 Grandview Avenue, Suite 102 . Camp Hill, PA 170 II Telephone (717) 909-4060 . Fax (717) 909-4068 Email CognettiLaw@aol.com ""~- ~-'- , ,,~"'~ --~. ,-~~. , ~ ". U L oj _. ' ~_""'~ I -, ~ ~ > ~'" - ~ a.u.l, ~"-"_~"*,;_,,,,,,-__ ., . DIVORCE INFORMATION SHEET PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTIVE JANUARY 1,2002. THE PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF THE VITAL STATISTICS FORM. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DOCKET NUMBER: 01-0384 DATE OF MARRIAGE: March 2. 1986 .";,~"=,,-",,.., ~ .:-. _. .~ '""-... I~.J ''tJL c~ , ,~I , ~~~~~M#~'j; , ~ ",' .. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney 1.0. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff EILEEN CLINE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-3084 ANDREW H. CLINE, Defendant : CIVIL ACTION - LAW : IN DIVORCE SOCIAL SECURITY NUMBERS OF THE PARTIES The social security number of the Plaintiff, Eileen Cline, is as follows: 179-48-9933. The social security number of the Defendant, Andrew H. Cline, is as follows: 196-42- 8874. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: Maya 2002 By: MARIA . CO TTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff "" EILEEN CLINE ANDREW H. CLINE DATE: \(11 'r /01 ~ I') <) }.ArtJ 1.._ ,'~ .....~~11 L ~J._ ~ . "'-~'~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 01 - 3084 19 CIVIL IN DIVORCE Defendant STATUS SHEET ACTIVITIES: ~'ja;~~:W';i ~ " ~>>~~-' .~ . ._.~ . ".",,-,- -- I ;---1 EILEEN CLINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3084 CIVIL ANDREW H. CLINE, Defendant IN DIVORCE TO: Maria P. Cognetti Attorney for Plaintiff John C. Howett, Jr. Attorney for Defendant DATE: Wednesday, October 31, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ,q -"Lil:iL!lliliJ-JiiJ ~ :~.- ;,,- ~"- - ',-.-.1 - '''''"''' I';' ,_ 'c;c,,- _' b-' ,-,-. .'--"jf (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. , ~- "-" - ,-,- - 0 '~ - _~, .I.....u.; , - .- ,";.' ~--, - ,., ,.-'" "rrd "' l LAW OFFICES OF HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POST OFFICE BOX 810 HARRISBURG, PENNSYLVANIA 17108 JOHN C. HOWETf, JR, DONALD T. KISSINGER CINDY S. CONLEY DARREN 1. HOLST (717) 234-2616 FAX (717) 234-5402 DEBRA M, SHIMP Legal Assistant November 26, 2001 E. Robert Elicker, II 9 North Hanover Street Carlisle, P A 17013 Re: Cline v. Cline Docket No. 01-3084 Dear Mr. Elicker: Enclosed please find your Discovery Certification which I have executed in the above-referenced case. If you have any questions, please do not hesitate to contact me. Sincerely, John C. Howett, Jr. JCH/djk Enclosure cc: MariaP. Cognetti, Esquire (w/encl) Andrew H. Cline (w/encl) , ~w , Mi.@,d:.~. -~,j .' ~ ". , "'o~"_ . EILEEN CLINE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3084 CIVIL ANDREW H. CLINE, Defendant IN DIVORCE TO: Maria P. Cognetti Attorney for Plaintiff John C. Howett, Jr. Attorney for' Defendant DATE: Wednesday, October 31, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. .s~-e (b) b -eJ.O'UJ , fut.--- - ~~ .. -I. '. -'; "I " -.~. c.-.".<,C'; '""'-1,__1 "]lm, (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ))1~COVe.('j Sho\llcA blL CDI'Y'I ~\€.{c. W~H->~ SIl<t1. (1.0') ctCU-jS ~ n.da.l.{S ol~k.. DR-W.ndClNrt- f'ro\lId-tcl-. (,€.5fov):>e..s ~ rlG4\nn.en blS.Co"'~'\ ~~I.lesrs on l\.)ov",-VVl:\:l-er Jo, ';l001. i::k41'Clc.tn't- 5e('~ ?.Qcun+-i-~ ~~HI D,::.co~~.\ ~e~<.les.t..s. O'() \+,.: So ckJ-<.. v::.~'H-. ~S.~(\'i.e.~ c1"'-<:l... ~ V) ,4-w' ~ (~o ') c1:u.ts DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT (~) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. .. ..' ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ~ ' State Commonwealth of Pennsvlvania Co.lCity/Dist. of CUMBERLAND Date of Order/Notice 03/07/05 Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice EmployerNVithholder's Federal EIN Number RE: CLINE, ANDREW COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 Employee/Obligor's Name (Last, First, MI) 196-42-8874 Employee/Obligor's Sodal Security Number 4667100826 Employee/Obligor's Case Identifier ~~;~~~~~;171C;~::~~~t7~::;:~:;'~::~~,) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA nON: 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. $ 0.00 per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? 0 yes @ no $ 0 . 00 per month in current and past-due medical support $ 0 .00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 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 how much to withhold: $ 0 . 00 per weekly pay period. $ 0.00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per 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 Collections and 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, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER tv (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. .~. c---; ~..,.;-; ~r-;"?~ . . ~. '. I) P, ,,",;,~~1.;,:9 BY THE COURT c_..:-r.....'.. ~ 6l- - 0" Date of Order: M~.R - 8 2005. . /(G'WA/ 4':. ffE!i> /9. ~ .::JVJJt-ti: Form EN-028 Worker 10 $IATT Service Type M OMBNo.:0970.Q154 J~ ~ '" . J ,-,,~,-, ~ '.--i'~i~ . '~ ... ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If.,hecked you are required. to provide a copy of this form to your~mployee. if your employee ;yorks in a state that is dltterent from the state that ISsued this order, a copy must be provided to your employee even if the box is not checked. 1. Priority, Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federai 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. * Repoll;llg tile royJcitelDdll,:; dW:tI,I,oIJ;1I5' Yvu IIIUst Icpvll LlIC paydalelddtc of vv;lIllloldihg vvLeh sellJ;llg tile pay II lehl. Till,:; jJayJatt/datL v( vv;Ulllvldi"g;:) tile datc VII vvl I;....! I alllOUlIl vvciS vv:tI,lleIJ flVlI1 tile elllplvyee':) vva5d. You must comply with the law of the state of the employee'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 employee/obligor 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: 2321722990 EMPLOYEE'S/OBLlGOR'S NAME: CLINE , ANDREW EMPLOYEE'S CASE IDENTIFIER: 4667100826 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 govems 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 employee/obligor because of a support withholding. 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. 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. 91673 (b)l; 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 ofthe state that issued the order. 10. Additional Info: *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. II.Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARliSLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB No.: 0970-0154 ,",,,,,,.;'i,,,,",,,';",,j;,~,~-""""lr:~j)m,w~mm~';;~'~""'__~lI\k<l'~~_t!iM1iij~~,",~ ......w . .' , CJ "'" 0 = (.:: ""'" -n ~:, c..n ::.;1l: .-1 CE'i< ...,- J> m:Il ;::0 -chi :';7 r:'~' I ~i:'T -00 CO 06 f:;:C~ ..::::..j"1" )>c~, -0 X-d 0-- _""~ ...0 ?~(-) Ofl1 )>c: ~ -'-l .",,#, 3J ~ C" o~ .<; ;:;~: rt j'"'l e c1 ~ W ~~ .. "'3.',' '~'f>_ _~,"""",." ~_ _ ~."""^,, ,_,~."_",_ 1..,..". '.' ""~ ,.".- -~,"". '"" .~.." --, . >~, ~< ~ - ~ ~, " .