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Home My WebLink About01-7233 FX '" '"I"" , ,-,'~ - .'" ,~, '-"-""., i ,~ '. 1'''iJ.i;Lli-j. . . . .. . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . STATE OF PENNA. . . FREDERICK L. CORNMAN . . Plaintiff NO. Civil 01-7233 VERSUS DIANNA K. CORNMAN. . . Defendant . . . . . . DECREE IN DIVORCE AND NOW, s. '2--00Y, IT IS ORDERED AND """t DECREED THAT FREDERICK L. CORNMAN , PLAINTIFF, . DIANNA K. CORNMAN AND , DEFENDANT, . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . The Marria~e Settlement ~reement dated January 21, 2004, and signed . by the parties is hereby incorporated into this decree but not merged. . . . . . :Ii '" ;f.;f. . PROTHONOTARY By THE COURT: . . J. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :i~laI~lil!iltM~~':iIlI~~I'1"1;;L~~,Miit,~4ii~~,~J:i<J"._ifW~w,4i:-.-'<,~';:,"i"',,"''''lriMMjJl~~'-' ~ ?P ':Z __~>if r~?t, ~r?'~~)/'9 .. ;,. '. .ti \~- "...: 'l, . . cS ~ >i1l~IJJa,--"4, ..:"~. LJI!!,lillL.J : "U J~,J.Jm: ,,;.~U.J!i~~ ",".,=M'(>.'.--"''''__"" ,",~""""",,#I~>;!'-P:'.= ~h,"_~~"""",-,,__~ ''f',''''!~~'',l~^~__~,,, c,'..,." ~,"" ,,~ ~. "'~~o~>."'-""'IiIIlit~ iN:? '7 "5 Ar.J- 1 ? ,'-","~. .~, 'M=_~~~.. ~ ~-, . " ~< ~~ . ","' '~'''r"'NO''h~" -- . =, FREDERICK L. CORNMAN, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION .. LAW : 01-7233 CIVIL TERM v. DIANNA K. CORNMAN, Defendant. : 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 Section 330l(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Dianna K. Cornman on December 28, 2001. An Affidavit of Service was filed with the Prothonotary's Office on March 29, 2004. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 330l(c) of the Divorce Code: by plaintiff: March 18,2004; by defendant: March 26,2004 (b)(l) Date of execution of the affidavit required by Section 330l(d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 330l(c) Divorce was filed with the Prothonotary: March 29, 2004. Date defendant's Waiver of Notice in Section 330l(c) Divorce was filed with the Prothonotary: March 29, 2004 ~Yi ;1iJ)AJ Donglas . MiUer;Esquir~ Attorney for Plaintiff Date: March 29, 2004 '''' '~,. "."-""""""'-";/~i ," Z~I~~~'iIJ. ~ 'Jl<j '.',;i;"""'"'i'" ~',' .~ijhli' ;;~w~ita~,.;.\-''''-x..~-,J , '~". '" rftn~" ,<=,,~ s-- e~ ~~I~J__0,;1;J,,,,,,,Jb-" ,~U\"J;"Jf",,",'t "!',$d!x;",:';-B[,~d~"i"~,:,,,,, ?>.~k~,.~r~;'~;'~'i,J~,;a-:;i,JI",~~o"d+hi,f,'<~';'h~J! ',}' {fl." "", ~ "~~ <<"~ , """''''.'~_' ' do._ '~ "'~ "iII1' ~."... ,. 0 ..... C = ~ = """ J:- i"Jcr:: :z.,. iii:tJ fTIp-"! ""0 ~;i~) ::\;1 r- Oj~> N ~~ j=5:: CO ,<,0 "", "'0 5!''-i ~...C') "':"'C--:: :r ~~ >c! ~ Om ~ -I -, ,z:- ~ (J:J -< -1:~,-j"'T, ~'"O,'7"" ""","" >r ~__ ,.,~r,'.'.,,,,,",> ~ ~.., , , '.' , , "-<~. -".. "'-;"~;-"'~'~"""":^"~-":;'.~'"'J "'i1;l~;;>"" FREDERICK L. CORNMAN, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 7233 CIVIL DIANNA K. CORNMAN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this IS- r<- day of /l~ 2004, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated January 21, 2004, 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, Geo cc: Douglas G. Miller Attorney for Plaintiff Jerry A. Weigle Attorney for Defendant ,~~ :_II;-.O'{ ()-. :c 3 .~ti!!~i'lg;g;',j'ME;~*-!t"JlMJ"'~'"'j)''''':''''''';~,ie''''"'''~''''';''' l"'j"'lt;W-t';;~";,,:,,i'. "",,,~\,,-"'{.-<,j:~"-idC,~"*,:,~~'ci'~'~Mjtiili\}.imili,kt~;@Hjrt&,",,f~"'''~'-W'%~/i;Mt\;,.0;:~i6~a~0iflJli;'lM~'l'II",~'W__~it.w,~ AHT ";'/',Hl:J 7",,:0 lJ,J \.,'1 .... "~,_I i' .:3 ~d'~ ~nOl .' ,> '1"-" ,.~.' 11"-'\\ lel ::}I I'L ",0 ,"J::.:\i<~.l.)r-~i,.):'I_.Vt.'1' ~Jr. - 3JU:\O-'O:1l\j ~~ldc':<"'J,,,,,<;<p.L,,,-,..,.J__,,;.~1[~!.~J",, "",-~JJ\([\,J)"~",",,,,"''-"hf'R'', JI!L"""-.,_."",, ,,- ""'A~,"r,.""", ",,,,.<,,,"',j<-,",~,,, ...,"~< <~ H~ ,,~~. ~,.," ~~ "~, ,,,; k'~'~ i~:ID: ,~"~ 'J. L..I. . ,,', ~~~. ., 01- 7;1.33 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this~ IS- day of '"l[ulllCl (~J 2001, by and between DIANNA K. CORNMAN, (hereinafter referred to as "WIFE") and FREDERICK L. CORNMAN, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on February 4, 1963; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, but not limited to the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates, and the equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. ".11 . 'I ,"~',," _ ;, _~" ,~ "-~""'-~,,"J'. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (l) Is represented by counsel of his or her own choosing, or if not represented by counsel, understands that he or she has the right to counsel: HUSBAND is represented by Douglas G. Miller, Esquire of Irwin & McKnight; WIFE is represented by Jerry A. Weigle, Esquire of Weigle & Associates, P.c.; 2 -~' , ,- ", '.,',' _'i',",.>!1~.H,'" (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) Is entering into this Agreement voluntarily after receiving the advice of counselor after choosing not to consult an attorney; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect of each provision. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to.the rights of each party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each 3 " "" J'~ '.'.., ~~",,,,-\,.;,,i,, party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 7. REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may have in that marital property located at 614 North Middle Road, Newville, Cumberland County County, Pennsylvania, 17241 and any improvements thereon to HUSBAND and releases all claims which she may have regarding said real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding payments on any mortgages on said property, as well as all real estate taxes, insurance, and any maintenance and repair costs, and hold WIFE harmless from any obligations on said payments and indemnify her if any claim is made against her. In furtherance of the transfer of all right, title and interest in said real estate, WIFE hereby agrees to execute a Deed conveying her interest in the property to HUSBAND_ HUSBAND further agrees to pay WIFE the sum of Twenty Thousand and 00/100 ($20,000.00) Dollars. The payment of this amount to WIFE is conditional upon her signature of this Agreement as well as her payment in full of the outstanding Sears Mastercard bill as referenced in Paragraph 11 below. If WIFE should fail to pay the outstanding credit card balance HUSBAND will deduct the amount due to Sears Mastercard from the Twenty Thousand and 00/100 ($20,000.00) Dollars to satisfy the outstanding balance and pay the remainder of said sum to WIFE. 4 ~ " , ,j., --'",y"-' ,~ ,'," '-'~-' 8. SUPPORT: Following the execution of this Agreement, it is the mutual desire of the parties that HUSBAND will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE, and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or any other financial support to HUSBAND. It is recognized that HUSBAND is currently paying alimony pendente lite to WIFE through an order with the Cumberland County Domestic Relations Office. The parties agree that HUSBAND shall remain responsible for the payment to WIFE of any support amounts including any arrearages existing on December 31, 2003. Any charges or withholdings from HUSBAND occurring after December 31,2003 shall either be credited to said amounts existing on December 31, 2003, or, in the event there is no arrearage amount, refunded to HUSBAND. 9. PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any right, title and interest which he has in the personal property of WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 10. AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that HUSBAND currently owns or may own in the future, and within thirty (30) days of this 5 ~ i', '~ J.........,.l " ,.' c '",' ' . .;'....."'~~ft.oi"'" Agreement agrees to execute all documents necessary to transfer title of any jointly titled vehicles that HUSBAND may have in his possession. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and purchase of any vehicle he may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in the future, and within thirty (30) days of this Agreement agrees to execute all documents necessary to transfer title of any joiutly titled vehicles that WIFE may have in her possession. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. il. MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. In particular, WIFE hereby agrees to assume all liability for and pay and indemnify HUSBAND against the outstanding bill owed on the Sears Mastercard in the approximate amount of $1,115.77, together with all accrued charges, interest, and late charges, and shall ensure that HUSBAND'S name is not associated with said account, including, if necessary to cancel said credit card. 6 ,,' . ~ , "'""""~:,,,,~,,~,. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. 13. BENEFITS. STOCK AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he may have in the savings or checking or any other bank accounts of WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 7 , ",-,~, '-",.' , '.-om,' r,'''''-M/I;",,,', 15. BREACH: If either party breaches any provisions of this Agreement, 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, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, are fully understood by both parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvalua Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 8 "' ,,,- '~'" ;' -';l~'i.'i\"'<l-" 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees and costs incurred in the settlement of the divorce and economic issues surrounding this divorce. 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, 9 -- --~ ~ '- '",' ; "" .'~ '."~ ..~,' , ')lljf"'!;"';';\i'""",,, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: /il)~A~~ /,(. (O,-n()1~'" (SEAL) DIANNA K. CORNMAN ~~~4t.';l C;~2~' FREDERICK L. CORNMAN (SEAL) 10 - " I .~, MO' ~ 'I'~Otnt;;> STATE OF FfC:f2-/DII-- COUNTY OF PA---~CO SS: tPERSONALLY APPEARED BEFORE ME, this }/~f' day of 'i'a.1.<'''-'' { cf 200:t, a Notary Public, DIANNA K. CORNMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ,.",,~,~ i~""''''',,;\ JUDY O. PADGffi 1'iA';"1 MY COMMISSION # 00 1184,"2 ",. '.- EXPIR '%;f~'''i~V ES: May lS, 200S ',..",foi SomfudThniNororyPW,lliCUrnItlrwrllers ~oJi?~~ No&-y Publi~~ COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this ;)hd day of ffJ..7iVfLJtr 200~, a Notary Public, FREDERICK L. CORNMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal, :rH OF PENNSYLVANIA NoIariaI seal Mil11hll L. Noel, NtltaiY PublIc cattls\8!li1ro, c..!1bel1anlI CoonIy Mv~'" f...,..... Sept, 1&. 2IJJ7 MeI!lIYflt, ~~.... Assod8IiOO 01 NOla/lIS ~te:e/ 11 "" ,--'';;...~~i__ ., FREDERICKL. CORNMAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNA NO. 01-1').,3,3 CIVIL TERM DIANNA CORNMAN Defendant CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIMS RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Street Carlisle, Pennsylvania 17013 (717) 249-3166 ~"'::-,.;;."....,~ ,-.,.- "" ".' ',; ,,, ~,~-.".--~--~"-,,,. T FREDERICKL. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01- '7;(3-3 CIVIL TERM DIANNA CORNMAN Defendant CIVIL ACTION-LAW DIVORCE COMPLAINT 1. Plaintiff is Frederick L. Cornman who currently resides at 614 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Dianna Cornman, who currently resides at 302 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania. 3. Frederick L. Cornman has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the fuing of this Complaint. 4. The Plaintiff and Defendant were married on February 4, 1963. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court to require the parties to participate in counseling. c; _""'.w""= Date: .J. ,~' ~L; .I.,. '~.o..,"'" ~> _J~ ,.;;.,<, ~ ~". -" " , .:..,''''''~~"~,; 8. Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, Ahom & Kutulakis, L.L.P. ~)~ J on P. Kutulakis, Esqrure Attorney LD. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff ~,.~~ ,,= "'-~"'~- '" " " ~ ',ri ,. '~. ,I ,"',-- """"';'_:"""'C'-..i"~c:' VERIFICATION I, Frederick L. Cornman, hereby verify that the facts set forth in the foregoing Divorce Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 54904, relating to unsworn falsification to authorities. Date: 1tJ.~ 13,2001 -td~ .t az~ Frederick L. Cornman ,~/./ J,,',. <:', ....... if\,y' / '" '.'"*"",,,,, .'. ,'~ ~" I. . "'Ch"'i"'."~.".. '~"~'h-:' FREDERICKL. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO.6t-7~43 CIVIL TERM DIANNA CORNMAN Defendant CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding f1led in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with ~3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Cumberland County Courthouse, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ""'~"' . " ~ ~ -i-I , ""," - ,,' ". ";u~ ""~itU~tI.ii&;.i'"""'" CERTIFICATE OF SERVICE I, Jason P. Kutulakis, Esquire, hereby certify that on this day of December, 2001, a true and correct copy of the within DIVORCE COMPLAINTwas served upon counsel for Defendant by United States Mail, First Class, postage pre-paid, addressed as follows: Jerry A. Weigle, Esquire Weigle, Perlcins & Associates 126 East King Street Shippensburg, PA 17257-1397 '0' ~.....," '"~ ,I ~~H.J ;.-".,~'- ';j@ ~ J':"" . , FREDERICK L. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. CIVIL 1ERM DIANNA CORNMAN Defendant CIVIL ACTION-LAW ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce and acknowledge receipt of said Complaint on behalf of the above-named Defendant. Weigle, Perkins & Associates Date: Jerry A. Weigle, Esquire 126 East King Street Shippensburg, PA 17257-1397 (717) 532-7388 ~ "~'''-''.'. ".n,:H~,D.,i.,'", ~',^, ,,:,'~" ;Cnl'$'tfH""!t~j:Ji'}~~~ll!ll~"'~~t"hl,;",t;;'!,,",_'Jbg-"',~'1-~..l>I#-.w~lf~i!iSH,k4il8h~i~~lil!j~Jr ~ ~.~ Ii\: (") 0 0 (:) C ,'1 )j ~ s: a :-j ~ ~ vet> rq ;::n;1 ft:- ...... mr':"~ C") 9 0 z:n N ;~3~ 0 h Zl..,. ~;-:: 0:> ...... ....... & t..),{} ~ g Br ;;;Cl "D ~;Q ~ :>('; :Ji:: 0 Zc ;~~~r~ ~ I ~c l)? 01. ..... I --"~l ~ p:: '7 c- :55 ~ :~ (.;l :-< ~ r ';~9r~"<,,,,J,,~,,,-~1lJ,~:tSt,UlmlJlJltJ "~~' . __'V1,',""')"""'''^'..,,,''="--',~__",.,, ~~_ ";t'1;-~_." """"" "",."".'" '~?"",,, ..,'c."'.. ,"",., ,__ ',~'~_'.'~ c .' ~ '.,"" ~,~"~ ~ ~", < _ ~d ._."_ ~~. , ,~--. - -.. c ,"", ' - ~~ I" '",~ '" '" '<' FA",""~ --:''''''''"'''-'''-, ~---"' , "I>\."""'~'" -(~"" '.' - '(~i~;1 FREDERICK L. CORNMAN, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION.. LAW : 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant. : IN DIVORCE ACCEPTANCE OF SERVICE I, Jerry A. Weigle, Esquire, attorney for the Defendant, Dianna K. Cornman, in the above-captioned matter, hereby accept service of the Complaint which was filed on December 28,2001. / / Qr ;-1 ':1 ! i \...- Date: January 5,2002 .t.liI'ji,~'" '__'L"" ';"~".f.' -;"JliiI.~~iijjiiiijl.j~t;j;iilii!iijidjljIi:i:.J ,0" ___N<~' ."-.--.""~~ " "',,' ,~ ~rM':c)',c' >~~,,~~~~.f;,m:, IJ~~,!,,,~JL,.,~lJJ ,~,.","L~/'Lo"";"'__""'<') I~~__[~, ..,,~'''"~' -be ,,'.,', ",',N".,t,,~,= ,"","','__"' "'"_',",~,,'~h,',__~,,~C..",, """"""'~'_' _ ..",,,_ ';" 'IiT ,. 1'-" 0 C::J =, ~''n .c- H._l :,~ ::e -n -0 f11.r=:: :;:::; ""'Om '~9 _co N 00 =--.=:1',; -r:i .__L---ri ~?o ~, 'j:",~rT1 J"" ,~ 72 --I rv ~ =< 0:> -<. ,,", .',,"0,. Cc ., '"">_'~_ "'~"",,' '~" ~"--. -;,,_<,""',',V',' ~,.",b',~-"'_',,,,'" ',. ~- ;l, -' ;..; ,;.I"", '", ,j'"'-~"~'~'~""',i'"""',,,h~<' ;-,";":~,A',,,'~'~"";;' '""," ,., .,' "-" ,,,.' , t"t:,;; " FREDERICK L. CORNMAN, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant. : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 28,2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ~ - LG ~OL-/ {J~ f e~ DIANNA K. ~ORNMAN Defendant - ,,;;j~f~' ,"~"~~' '<~'~, '''''".....i.~ --0' """iil~_-~>~ii.e;,~, 'M~~L':~~~W-t,~~;'; .:',-"~ ;" ",' .",,' " ~< ~ ;:'!~+";,:4'4:l ,L,J,JM;P.1IJt"~;~.L~:~,JJ~ri ,J[ J J,.:, ..'" t",., "",. -'"J~:,p.ko'-"'_;~k","",'",,,_ r' ,~ .,,' ,,"';, '''''''~0-,,~' ''. ''-'~' o~'" [ W' ~',-~~, ,. ~" t'--> 0 "''' = -n J,.- "'" .--1 .-v ~:JJ ;;;;J . " -om N :gy C) (A-- :::;i-1~ -0 r:'\::I2 --'-~ ~,;:::C) x=- t'")fY, 5: 1''' ~D -< C,) C< ,<~,. ,,' -.,., ~~ . ~ ~._ 0 ^' _, . ''--'''~'''' ,1- . __,;_~:O"_'; ~, ,,~, i~^ t..~..;,'"".o., ' '_';~A; ~'___-;"';"'--"'-fu"2i-' ~~'iA:'--':" c,,''.."____''~'. ',;~-'{__i FREDERICK L. CORNMAN, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /3 -d~ -() Y ~E~ DIANNA K. CORNMAN Defendant >JJ~~W~il.;S'~ ~"":-,."~.,,,,~ "liII;'"'--"'"'~~~~~~j.~;';d;~~~~":-":' "'i'.,;,,..,";:'- ,,'., ~ !~,I ,~J;)~jjl.,~Q,.JL~ c,. U~[fA!h,l'1CJ:l~t~~,,,,.,Lr.JCl:~,,,:--~U:"JUU~,I!J.,"Jl~IWt,( ",;J,t"'~ ,~~ ,~__ ,"~"'"'' -' '., . ~,~,~ ' '~, ""''"''~__'" .,," "C' ,~,~,,__, "~~,,~<',r',',~,N'~'.., .. "'-', = = ..c- :?::l.. -c; :::::; o -n ---{ :J.:----r. rn-." -or:;:; :DO O_j :T.i~Ti ~32~ grn ~:; =< 1'0 ;] N CO - """. --"'---"', ,"I' ^' ,"' "j "~,w"'~_ ",c, '--~,"<'" ,,,,,,,. '~H '.. "" '," '>"'';;:' ""-,,,~"",~%,gA';i"" '"" """"!'irI-i:-.,,,,.'i:S; DIANNA K. CORNMAN, Defendant. : IN DIVORCE FREDERICK L. CORNMAN, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : 01-7233 CIVIL TERM PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on December 28,2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 3~/.1'-t!>"" ~;I~ FREDERICK L. CORNMAN Plaintiff "'" d~jl~~~' ~,:- ..,,~i' <-:~ [-'~I~~~~!'SMi>tioMl!@~&lt.l""-:'^'V""J!iJ ~~Ir"~L"""",,,,,,,,_,," q_,""I""_~ ~". '.',>N.''''''' '"" "~,"",~,",~""",, ,~' .~',', ''''''',',."'<'F_~,"''',,''f0'.''.fd>'''''.^..,',, _, .,,^,,",""'^,,' ... ,__, ,~,. <~ ,,~,< 0'"'" -,~ ""', .. . ',,' ~, 0",' ".-,/," ~ .d'" -'-- ~"j-- if - " 0 ..... 0 ,"" I~'- = ~- .C' 'n <-.-- ::ll: :1:! "T}t:T} n j! ~" ;0. f11 :n -:".""'!'" = r- ,,----', 7;"~ N :89 ~:~~,:: en Qt:> ~ -0 --r-rj -"TI "';;.c: ~. Qo j~l;,~ .... Cf! om L_ ~,-t >' , w ~ ._(. U1 "<'- ,'" .,,",'",,' '~,.".,",~,,-,..,. ,'", '"- 1""<' ',~"" _ ,.'-,)->.", ,'<~,;J__M";"--'~~,,~_,,~,,-,; "'<' -:~ ( v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 01-7233 CIVIL TERM FREDERICK L. CORNMAN, Plaintiff, DIANNA K. CORNMAN, Defendant. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~rt~4l'" FREDERICK L. CORNMAN Plaintiff Date: J. / tt- " '/ .....r; ~;~:;jjJrrr ~,.;.,^- 'O'i""""""""l'tP""''-"^' ~""'"~ ".', ~iliK.",.!!lii\:i~j<'J'l' m':a.,':4il;t'l;:"1 \ , ill! ~,~ 1 ;'v~~n!;UWi!JI:LY..'~~"M{;r~:,J;).:~, "--8,1,.1.. " ~',1,;},t;~,+,~~M,-~JvJlc{~J!l>,ICL~.ttJtli'~,"IT. ..,..",~~Jl~:",h~l,' '-."--~'/" ''-'''' ;:;,. ", -' o c < '!::;\.:i~ n1fT ~r; '" 2~~~ .J>c :~ .-< , ~,' ',-'"c','.,.O" "~""''''''''''~' ,'~"--.<"" ,.~~~ ~ ~_ !~^ "'~"",~,,'''~"''''''~','' ,.." = C.:J .c' ::J::: ::;.. ::0 1'.) (j\ -0 ::0: '1? (.,.) c.n ~ ::? ---n rnp "nf'1 :09 ~.~ <S:Il '70 of"f1 ----l ):". ~ "" . ""~ . , ~~,[' NO. 2001-7233 19 I~ THE COURT OF COMMON PLEAS OF CUMBERLAND CO~TY, PENNSYLVANIA FREDERICK L. coRNMAN. Plaintiff vs. DIANNA K. CORNMAN, Frederick L. Cornman a master with respect to the (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente MOTION FOR APPO~~~T OF MASTER (Plaintiff) (D.;..<<..'), following claims: moves the court to appoint Lite ( X) ( ) ( ) ( ) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointma~t of a master is requested. h (2) The defendant (has) ("hu~') aotJeared in (by ..m attorney, Jerrv A. Weigle . . (3) The staturorJ ground(s) for divorce (is) the action (t'.~~.,u~~ ,Esquire) . (are) 3301 (c) following claims: (4) Delete the inapplicable paragraph(s) : (a) The action is not contested. . (b) An agreement has been reached with respect to the (c) The action is contested with respect to the following claims: equitable distribution (5) The action (iBXaxxHs) (does not L~volve) complex issues of law or fact. (6) (7) The hearing is a--.:pected to take 1 (lsaous:) (days). Additional information, if any. relevant to the motion: ~f::~~~tfdv'/1 . (llllll-liIUlll~ ORDER APPOINTING ~STE~ebecca R. Hugfies.Esqu re ,;r ,l-g~ <2. P../).A_h,I r.LuJ~ Esquire, respect to the following claims: ~ Date: /-/1--03 AND NOW is appointed /J ':)nW~~..wiii~~~l!I!iit'&,,~t;i{"'iti(jU;"1'i,;;hr:-!:;~-,:.t,:u"" ',~,:"".,i~"""""j!,,;;;t,~,w3li,~<'Ii!f,>%'itiiiif'4~il1illii~'rJlR' '""""w'~'iI~,*.iJ(~,~"~lIi""lj!a~,~~~'~~ '~ '< ~ ~ lllRHiUi l!O~l'l1 FILE:D-OFFICE OF 1'1 'c' ~,"..,-~ '~"O-AlRY ;~1t i'......f1 ,I L.r 1, I ,I. ,I ,.jll,.);'Ij 03JAN24 M'IfI: 30 CUMBERLANLJ COUNTY PENNSYLVANIA g <::> 0 r:.:J -n ;;::: '- ..-l :r.:,1'1 rHW- ~ :-nh= Z""'~ -', ~ Ui. r' N '.dO ~. c..:> qq. ~' ::.::: . ~G' -,:> :1:-ri ~o :;It ~J(~ Zf1- --0 tit 0' J>'c: ~ -? .- 3. 0:> ;.<; !tl~,bi!!xJ,~;';l.l!li!UJl: . '.1 :,lIIli!t".Il\)ILU,::l....lJUMI.Av~i.Jtlh.".!)"i.... LILl1i.$J.IJJ," "".k" ." ,"'L '~I ,; '--,"'",'~,,;w '," '~" '-"'; ii!",,,";~, ~'dJ ~ ',,"' 'r',~j FREDERICK L. CORNMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Plaintiff CIVIL ACTION - LAW 01 - 7233 NO. CIVIL 19 DIANNA K. CORNMAN DATE: a~~ .2-~ I ~I)... 'fll S Ibf IN DIVORCE Defendant STATUS SHEET ACTIVITIES: .-.-, ~. ~, ~~ ,JEii ~, ~ - . I, I. -- " , d', "-'_" ',~ ". .;.; ",,' < '"' ~'"L ' :,';'}:"t: .. ., FREDERICK L. CORNMAN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v$. NO. 01 - 7233 CIVIL DIANNA K. CORNMAN, Defendant IN DIVORCE TO: Jason P. Kutulakis , Attorney for Plaintiff Jerry A. Weigle , Attorney for Defendant DATE: Thursday, August 22, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ~~ ..I -~,,;---~~ ,', ",' 'I -':' ,. ~ ;"'--" ~ ".'.;" Q",' ., '~ -- ' +.MAA:iI~k,~, ,. (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. .... o __~ " ," <~,: -'.' 'J. <c.>~"~" "~."~~I __,'-or,"' ' . ',:O,;",,",,',~,,,,,, ,,~,",' ','--,-'~-1' --,..." "- , .' ,"~ ,,'.0.ii~' LAW OFFICES IRWIN & McKNIGHT ROGER B. IRWIN MARCUS A. McKNIGHT, III DOUGlAS G. MIllER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013.3222 (717) 249.2353 FAX (717) 249-6354 E-MAIL: OFFICES@lMHLAW.COM HAROW S. IRWIN (1925-1977) HAROLD S. IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (I956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003- ) April 13, 2004 TRACY COLYER OFFICE OF DIVORCE MASTER 13 NORTH HANOVER STREET CARLISLE, PA 17013 RE: CORNMAN v. CORNMAN NO.: 01-7233 Dear Tracy: Enclosed please find two copies of the signed Marriage Settlement Agreement regarding the above-captioned matter. Please vacate the appointment of Master in this case. Thank you for your attention to this matter. Very truly yours, IRWIN & McKNIGHT 4~ DGM:tds Enclosures -'" . " ~ ., '~,' . "r="'.''-'' --...',,< ,,"', '" ". '~c".~,. ....,,,"'" ',"" '. ""mLi;' CORMAN VS. CORMAN NO. 01 - 7233 CIVIL Note for the file: Spoke to Attorney Hughes on 1/28/03 to let her know that I received her appointment for Master dated 1/24/03; told her that we were already appointed back in August of 2002 by Jason Kutulakis. Certifications were sent out and I received Jerry Weigle's back indicating that discovery was not complete. Left her know what information he needed and told her to respond accordingly and then let us know when they were ready to go ahead. I also asked her to do the praecipes withdrawing and entering appearances. mi~~ I nr N~I~ I {ftf. jt~ - ~, ~ " .' " ' , 'J " I' ': ~. ~ 1. "" 1 WEIGLE & ASSOCIATES, P.c. Attorneys-at-Law 126 EAST KING STREET SHlPPENSBURG, PENNSYLVANIA 17257-1397 JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of COUDSe! THOMAS L. BRIGHT TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-5289 September 10, 2002 E. Robert Elicker, II Cumberland County Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Cornman v. Cornman No. 01-7233 Civil In Divorce Dear Bob: I enclose herewith your discovery status information sheets prepared and executed on behalf of the Defendant, Dianna K. Cornman, in the above-referenced matter. Very truly yours, IATES, P.C. squire JA W/plt Enclosure cc: Jason Kutulakis, Esquire (with enclosure) ~jl '"" ""~ - ",,, ._',__b:"-', "I' '<-"",',''".h;'"" '" ""',",'..-';;;,,, '''''"''~i, . FREDERICK L. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 7233 CIVIL DIANNA K. CORNMAN, Defendant IN DIVORCE TO: Jason P. Kutulakis Attorney for Plaintiff Jerry A. Weigle , Attorney for Defendant DATE: Thursday, August 22, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 1. Appraisal values on the following: the marital residence (land improved with mobile home, deck, three-car garage, and detached shed); house and garage contents; two vehicles; and three lawn tractors. 2. Verification of all bank and retirement account balances as of the date of separation. 3. Verification of cash surrender value of Defendant's life insurance policy. .. ". .', 'f '-".l~;".-"""----" ,-'''~~'".'~'';'"' "',,"' "c;:"~-"':';';""'^Wl!ll~l:~l~'~~~': (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. '* Mrs. Cornman is without funds to secure the requisite appraisal information (see APL Order dated 8/6/02 and my correspondence dated 8/13/02 enclosed). ** The marital home and its contents are in the sole control and possession of the Plaintiff who has monthly income almost twice that of the Defendant. *** No present action has been initiated by the Defendant to secure the necessary appraisal information due to lack of funds and lack of control over most items to be appraised. The Motion for Appointment of the Cumberland County Divorce Master was just filed on 8/15/02. Both parties should IDIltually agree upon the appraiser(s) to be used. **** With cooperation. all discovery should be completed within forty-fiv to sixty (45 to 60) days. / //tl/tJL DATE IGLE. ESQUI F 'R PLAINTI FOR DEFEND ( ) (XX) 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. A d" ,~"-,,, """~ ..... .'-,~ .' , , FREDERICK L. CORNMAN, Plaintifi7Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE DIANNA K. CORNMAN, DefendantIPetitioner NO. 2001-7233 CIVIL TERM IN DIVORCE DRII 31664 Pacses# 333104468 ORDER OF COURT AND NOW, this 6tlt day of August, 2002, based upon the Court's detennination that Petitioner's monthly net income/earning capacity is $901.51 and Respondent's monthly net income/earning capacity is $1,378.37, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $200.00 per month payable monthly as follows; $191.00 for alimony pendente lite and $9.00 on arrears. First payment due within five days from this date. Arrears set at $764.00 as of August 6,2002. The effective date of the order is April 17, 2002. Husband is to make a direct payment to wife for the month of August 2002 and wife to report to DRO that she received said payment to credit the account. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.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: Dianna K. Cornman. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU andm2.iJed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 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. J'" 1 ,~"= ' ....1~..;, ,; ~.~ ;', ',' ,"" O;~~"'<<~!.ti<-"" . . Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Neither party 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.J. Shadday Mailed copies on 8-7-02 to: < BY THE COURT, Petitioner Respondent Jerry Weigle, Esquire Jason Kutu1akis, Esquire ;>--" ~4. Kevin A. Hess 1. '~ ~ ,. '~, " "---:." ,,-, " k'~~.~""""",,,,,";,>" . . WEIGLE & ASSOCIATES, P.c. Attorneys~at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 TELEPHONE (717)531-7388 or (717) 776-4295 FAX (117) 531-5289 JERR.Y A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER,JR. or Coun.el THOMAS L. BRIGHT August 13,2002 Domestic Relations Section ATTENTION: Ricki Shadday 13 North Hanover Street Carlisle, PA 17013 BEING SENT VIA 1st CLASS & FAX 1240-6248 6 PAGES BEING SENT. IlARD COPY WILL FOLLOW. Re: Cornman v. Cornman Docket #01-7233 Civil PACSESCase #333104468 Dear Ricki: You will recall that ~ou held an APL conference in the above-captioned matter last Tuesday, August 6'. Pursuant to the Order of Court entered, please be advised that Mrs. Cornman has, in fact, received a cash payment from Mr. Cornman in the amount of Two Hundred Dollars ($200.00). In revieWing your calculations, however, it appears that you based Mrs. Cornman's earnings on a 40 hour work week. In reality, she has only averaged 32 hours per week. Based upon her Pennsylvania earnings to date for calendar year 2002, it looks to me like her net monthly income is $721.21 per month rather than $901.51 as per your report. Enclosed .are her Pennsylvania Burger King bi-weekly statements which you used to make your calculation a week ago. I would appreciate a call when you have time. Very truly yours, IATES, P.C. sqUire JA W/plt Enclosure cc: Mrs. Dianna Cornman Jason P. Kutulakis. Esquire (without enclosure) - I ~ ~, .1,,'. ,',-" '.",~,\.-^ - .. FREDERICK L. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-7233 CIVIL TERM DIANNA K. CORNMAN Defendant CIVIL ACTION-LAW ORDER FOR APPOINTMENT OF MASTER AND NOW, this I ~ 1\- day of ~002, upon consideration of the within Motion of Jason P. Kutulakis, Esquire, Attomey for the Plaintiff, IT IS HEREBY ORDERED THAT E. ~"Wa.J4. p,. is appointed Master with respect to the following claims: [ X ] Divorce [ X ] Distribution of Property [ ] Annulment [ X ] Support [X] Alimony [X] Counsel Fees [ X ] Alimony Pendent Lite . [X ] Costs and Expenses BY THE COURT: J. ~.di.'~"' ""~'~:i~~Aii ~J ". """,,.._,. .'."lllflrdlNd--'U ' :l~~OOi!iiM~""l#''1kl~~~<('""~-"""",",,,..,~'I'' - m ,^", 1.'",' "",' I!.H ,,~~".~,"__ "', ,~',~__~,,"_C y;-~,. ',"-~ ",0, 'J".q'NIN'Jr\ "r\~h It:l'..)l'" :J--< f") ;\l\<~\~'C::~"~! >l~~ \ (;.\. r~:;F~1\\;.-, :; :'\ .1....,..,,' ~d 'j\r~ (".. jJ - :2ilIIII!IlBlii .. ",_,"~, ";'J..,',p',_"",, "-,:""_""'''''',''-,,,~,,,,,~,,,,,',,''''''." ~",,~~_. ,~ "__'~"'. - -~- - ",'n", J' . ~, ,~ ,':01 "" ,~-- ~" , .1i!:i!l.~~;" '. FREDERICK L. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-7233 CIVIL TERM DIANNA K. CORNMAN Defendant CIVIL ACTION-LAW MOTION FOR APPOINTMENT OF MASTER Frederick L. Cornman, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ X ] Divorce [ X ] Distribution of Property [ ] Annuhnent [ X ] Support [X] Alimony [ X ] Counsel Fees [ X ] Alimony Pendent Lite [ X ] Costs and Expenses In support of the Motion the Plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The Defendant has appeared in the action by her attomey,Jerry A. Weigle, Esquire. 3. The statutory ground for the divorce is: Fault-based grounds of (a) willful and malicious desertion without reasonable cause for a period of one or more years and (b) adultery pursuant to 23 Pa.C.S. ~ 3301(a). 4. . The action is contested with respect to the following claims: All claims ~ I ,;", i I" ~~"':^,., '. , .. 5. The hearing is expected to take one-half day. 6. Additional information, if any, relevant to the motions: None. Respectfully Submitted, ABOM & KUTULAKIS, L.L.P. P.Kuhliillris,Esqlitte Atto ey I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attornry)Or Plaintiff , ~ ;. """""'~~" ,~ CERTIFICATE OF SERVICE Lith. Jitu o.l1,~tt '. AND NOW, this 1'1 dayof ~ 2002, I, Jason P. Kutulakis, Esquire, by and tlu:ough ABOM & KUTULAKIS, L.hP., hereby certify that I did serve a true and correct copy of the foregoing Motion For Appointment of Master upon the below listed counsel of record and/or parties by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Jerry A. Weigle, Esquire Weigle & Associates, P.c. 126 East King Street Shippensburg, PA 17257 Date: f -)'-1 ~J"C ABOM & KUTULAKIS, L.L.P. Jaso P. Kutulakis, Esquire Attorney LD. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney fOr Plaintiff i~~~Yr ;"<1',";",,;, ,~" ^'~'^~"-;~~i'<..~':';~'';':.lr~''~m1''-'o1ijjj''U&ii4W.i:Wii'!$~~t~., , ~' \1!',n...,!tJl !,.,',."'~, ~ ~ ~.~- . ~' o ~ -0<:,.. -0 {X! rI;r~, ~~f~:;. ~i;(~' ~5~~ -;,' :::J -- ,,__ ""__!11~,""",,,,, ,~,"', ''''''';=~"'''''''~''!!'''''''-"'~o'1',>'''i'''-.l """w',,, ~__>,~~-"''','^''~''''~,.'''''', ~,,', ,~ "_,,, ,,,<, ~" ''',~,,, ,'~ , ,~ ".__ ,,""'0," . , ,~,~, > "~~," ." ',~'~. " r? r",) ~ c"" o -n (.;1 .,-,1 ---=-....,.., '--IF ,In ',,0 '-.~~~ '~~ ';J.c') 2.S (n --\ ?6 -< ~"o ",..."'~ r;: cJ ,,... .~. . ^ ~~ .", 'n_' ,~--,;" ~.,I ..0..i.,~', '" ~. .' ",__ 0,"""''';''' '"i'__-.!..,~, ,:;-->'<, -""-"',', '.--"'<~~~"~':;"--'~i WEIGLE & ASSOCIATES, P.C, Attorneys-at-Law 126 EAST KING STREET SHlPPENSBURG, PENNSYLVANIA 17257-1397 JERRY A. WEIGLE Associ_ JOSEPH P. RUANE RICHARD L. WEBBER, JR. OfCounseJ THOMAS L. BRIGHT TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-5289 August 19, 2002 E. Robert Elicker II Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Cornman v. Cornman NO. 01-7233 Civil Dear Bob: 1 received a copy of a Motion for Appointment of Master in the above captioned matter filed by Jason Kutulakis, Esquire, Attorney for the Plaintiff In his Motion Jason indicates that all Discovery has been completed. In point of fact, Discovery has not even been started. I request that you set a Discovery schedule in this case and advise counsel accordingly. Thank you for your cooperation. Very truly yours, WEIGLE & ASSOCIATES, P.C. 9 ~ C?tJJ.;,Q. Jerry A. Weigle, ESquireV" JAW/paf cc: Jason Kutulakis, Esquire . Diana Cornman "'~ J'.'~:, ~~~M;1i~~~"" , II FREDERICK L. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant, Dianna K. Cornman. Dated: ~ - I'~ -02- WEIGLE. PERKINS & ASSOCIATES - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA n257~1397 II .iJ~ ~ ,;,,^" ~:.,i~ tr)ltt~ft~~:ir i~JgL~~"'['~t;.~,J..,(.,;"......, ""'" :l:'!O'ccs"i,L~",""'":"J.,,","'j~diljf~~~~h IMIliM"-"-" . !l" - .," <"",."~e,__'~"~,~~'l"_"''''''~'''''__'~_~,~" ~__ ow_, ,~,'" "',U~__'""'" ,~',--..,"" -# r2 c:: ?~ t <) "'0 , <1l Z C :;:;;:: CD c..,'::. r;:C: 1 "I '~C__J " j;~~ c;.. ~-? , L ;:;j ~__;J --.I :0 , -< '"'O~" ..,~::, ,'" .. ,", '. '0 ,'-- ,"",", ,~'~,~ __, ''-'" ,~,~',~_" .'~,,<,,~.,..,;_ ~"'!F,'~~.' ,,"?~" '^ , . "--"'~', <"','; -"',-;-T,;-<''''',,,,,,~,,,,~,,,,,,=,t''~ ~ ,,, -'- I. -. -,",~^,' ~'j~,"~"" , . FREDERICK L. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant CIVIL ACTION - LAW NOTICE TO PLEAD To: FREDERICK 1. CORNMAN You are hereby notified to file a written response to the enclosed Answer to Complaint in Divor4:e and Counterclaim within twenty (20) days from the service hereof or a judgment may be entered against you. WEIGLE & ASSOCIATES, P. By: Q. WEIGLE & ASSOCIATES. Re. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 . I..;,w":' ,,"", .U ~',~IOi'.",' FREDERICK L. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant CIVIL ACTION - LAW ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM AND NOW comes the Defendant, Dianna K. Cornman, by her counsel, Jerry A. Weigle, Esquire, and Weigle & Associates, P.C. who answers the Complaint and asserts a counter claim as follows: i i l. ;,1 2. 3. 4. II 5. .1 I 6. I 7. II Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. Denied as stated. Defendant has no way of knowing what advice the Plaintiff may have received, and strict proof thereof is demanded. 8. Admitted. of divorce. Defendant joins in Plaintiff s request that the Court enter a decree COUNTERCLAIM COUNT 11- EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 of Plaintiffs Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full context. 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from February 4,1963 until November 15, 2000, the date of separation. WEIGLE & ASSOCIATES, RC - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ". J~ J ~c' """ ',:', "~"~~~;"~";--c' ',-C' " ,.'~,,~j, WHEREFORE, Defendant requests Your Honorable Court to determine what is marital property, to equitably divide all marital property, and to return all non-marital property that may belong to the Defendant to her. COUNT II1- COUNSEL FEES, COSTS AND EXPENSES 11. Paragraphs 1 through 10 of Plaintiff s Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full context. 12. Defendant has incurred and will continue to incur counsel fees, costs and expenses for her representation in this action that are substantial and continuing. 13. Plaintiff presently has exclusive control over the vast majority of the marital estate, thereby denying the Defendant an opportunity to help defray the costs oflitigation. 14. Defendant, although employed, has a net weekly take-home pay of approximately $146.00 per week and, therefore, lacks sufficient funds, income or assets to pay for the expenses of litigation. 15. It is expected that Defendant will need to retain the services of an appraiser and other experts with respect to this action. 16. Plaintiff is financially able to help defray the above-referenced costs and expenses. WHEREFORE, Defendant requests Your Honorable Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereafter award such additional counsel fees, costs and expenses as may be deemed appropriate. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 17. Paragraphs 1 through 16 of Plaintiffs Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full context. 18. Defendant lacks sufficient means of support at present to fully provide for her reasonable needs, despite the fact that she is employed. 19. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 20. Plaintiff is financially able to provide for the reasonable needs of the Defendant. d II WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 w: ~" , , I WHEREFORE, Defendant requests Your Honorable Court to enter an award of alimony pendente lite until final hearing and thereupon to order a permanent award of alimony. Respectfully submitted, WEIGLE, PERKINS & ASSOCI TES Date: L/-- ( Z - V' L eigle, Esquire orney r Defendant Attorney ID #01624 126 East King Street Shippensburg, P A 17257 (717)532-7388 II WEI(3l.E & ASSOCIATES, RC. - ATTORNEVS AT l.AW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257~1397 ~ , .lli"",~-",~ '~il rr ~"~ '" L", --, ""~,~'ill';'h',.,- VERIFICATION I verify that the statements made in the foregoing Answer to Complaint in Divorce and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated:.----f:: 1 L, - D ;;L J~ll ~ DIANNA K. CORNMAN weiGLE & ASSOCIATES. RC. - ATTORNEYS 'AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 -~ J>~""~~--H""" --""""""",\..~,-"-~ ~..Hjf:k!1;j~~qm'!" _ I, """~"""' t\li:1N~ lflil .:.~ ~ ......... 9-J -t.. ~ \-> ::J"';. + ~ Q '-!,,- ~,Wd,""*,"',,,"" ~--,~- _.~'", _ ,"",,.,,J..~~..,,."""',<<" .__r,= __ ~!!!l ,,~~~<, ~, ,~, . ,~,.".;A""""~""'"" "~~liIl!f!l~ '. '., ~'W~*jil......;-.....~~~ 1~!,t"',1<!.'*.,;rN I ~ ~ 3- ~ ~ ~\ )::;> t~_a.- ~ r~ ~ ~ -..::::. ci It :fJ ('t, * 6 .,""''Y~",',' ,"'., ,-,,-',,"".__ ~~',",~", 'c""'''''',~, w~""~"~, , '''1f( ,.,,~ . . (') c ;~F 4"...., ::;~~J '-:..,1, O. .'. .....[ ~I~' '=::(j .J>C: :2.::- ~<! ,..~_f<<.""''''~ .v, c~ ,,~~, _, <"~ "'~ , o l'\:) ~ oO"i,') ::-0- o 'i'J ::-j , ..., "r _:=i P=! .~ ,", J :::::;c, '~J~ I':"~r:"q "..J ;:;.::J 5j -< -.J 2:...... ~-.t.. ':? => '" _. -, L ~ ~"~k~"'~.,,"~~, """.'jQ~kl:! , ~ FREDERICK L. CORNMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, DIANNA K. CORNMAN, DEFENDANT 01-7233 CIVIL TERM ORDER OF COURT AND NOW, this ~day of May, 2002, plaintiff may amend its complaint to state a count in divorce based on fault to reflect newly discovered evidence. Jason P. Kutulakis, Esquire For Plaintiff Jerry A. Weigle, Esquire For Defendant :saa ~ ~ S/02.Jo::>.. ...s..'f. --"1 ""ii~~j~'w'W:''''i..'4l"'ii:;i,j;,<<,,:mWillJ"~2\'<M;J;4U!iib\ilif;.~~~'ii1,;,j;yiffi';~,\>~itY,Joil1'.>I!','k",~1,~,,,',';":,ioW~""t,\I'Pf<l"Jli'i!ffl.EMl\J!li'j;jjMO;%1f&Ra>>i~J~- ;~I"','y~0"",~ "', ,'>~~",= """","'.""~"'''~~.'X'~'~,',, ,"" .. "!'-~e~,~ '- :'} " ,f, ~/.i",! :;'{1 . ~" ~.'U " . oi,.J ;\HV.U . , ","~. ,""', I", P,,,",' n""',~" "".'^",,, O'.1'c",--, _, ",~, "" Ie ...."""'--"'..-.,..-=~~"~.,~~- "'~ ,- ,'''"",,o''Y /:",\'''~~''', s~ "",,",,,,," , -~,~"-.,-,,>='.,. . , . '-'" '~', ~ ,;.'WisiijL~:,,; .. " . FREDERICK 1. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-7233 CIVIL TERM DIANNA K CORNMAN, Defendant CIVIL ACTION-LAW TO THE HONORABLE JUDGES OF SAID COURT: PETITION FOR LEAVE TO AMEND DIVORCE COMPLAINT AND NOW, this at) t.4.day of April, 2002, comes the plaintiff, Frederick 1. Cornman, by and through his attorney, Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P. and files this Petition for Leave to Amend, pursuant to Pa.R.C.P. 1033 as follows: 1. Plaintiff is Frederick 1. Cornman who currently resides at 614 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Dianna K Cornman, who currently resides at 302 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff filed the original Divorce Complaint in this case on December 28, 200 I. 4. On April 17, 2002, a Support Hearing was held before Support Master, Michael R. Rundle. At this hearing, Defendant testified to having adulterous relations with another man during her marriage to the Plaintiff. The Defendant also admitted that these adulterous relations have continued since the Defendant's separation from the Plaintiff. 5. At the Support Hearing on April 17 , 2002, the Defendant served the Plaintiff with a Counterclaim to the Plaintiffs Divorce Complaint. Within that Counterclaim, the Defendant requests Child Support, Alimony Pendente Lite and Alimony. " ." "' .. . < , 6. The Plaintiffs original Divorce Complaint does not contain any averments as to the adulterous relations of the Defendant due to this information not being discovered until after the filing of that pleading. WHEREFORE, the Plaintiff respectfully requests that this Petition for Leave to Amend be granted in order to allow the original Divorce Complaint to reflect the evidence that has been newly discovered. Respectfully submitted, Abom & Kutulakis, L.L.P. Date: fI ~ ;;:?9~ Jaso P. Kutulakis, Esquire Atto ey LD. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff " ",,'%i..'i~"j:):;l.. - .~ I" , '.., ,", - ~ .i.""'-tii; . , , FREDERICK 1. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW, this -:z.q%y of April, 2002, I, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, 1.1.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Leave to Amend upon Jerry A. Weigle, Esquire, Attorney for Defendant, by mail at the following: WEIGLE & ASSOCIATES, P.C. Jerry A. Weigle, Esquire 126 East King Street Shippensburg, P A 17257 Respectfully submitted, Abom & Kutulakis, L.L.P. Date: ~, 3fI- -0'2- 2c-I.t" - _ . Kutulakis, Esquire Att ey I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff "'1 ~i~Jl"~l_llti!iiilll'flYi~:~lm'\:to'Mii,-\m~,~"",.l'ij''''i'i''',:'" ,"C""i\ifi;:!",~,}j!!B<",,"lli'ii~;iI~~~~JlW..~ T b.eiUiJ~ !\\tit, < ,oro "" ~,<",>~."~ . ,~ .=~~,.., '"',"<~C~ ^' w,c~_,",",",,__~, " ~.. ~,'" .~ ~__~ 0, . o QS~ Z't' CD }> ~':';,." ~~:" ....-' ~:~,:, >'C ;? -'~ -<C - ,_="0_," .~" " (,'j ~0 "'" '~LJ ::0 o -n ,.,,1 -I: -n , '?::;:' ~\~;8 ~~(~) I. '.';,)75 :;,:::;;-n u -, )> :n -< f'.) \..0 ~v [',,) :.,) ()1 ,.". - ~ M~"'" c~~,~ IN RE: SPECIAL ASSIGNMENT OF DISTRICT mSTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSL V ANIA CIVIL ACTION - LAW 2002-180 CIVIL TERM ORDER OF COURT AND NOW, April 30, 2002, after having received a written request from District Justice Thomas A. Placey that he be disqualified to hear the case of Tanya Jenkins vs. Gerald Slaseman & Ye Olde Ale House, it is hereby directed that District Justice Robert V. Manlove be assigned to hear the case. The hearing is scheduled for Monday, May 20,2002 at 10:00 A.M. at District Justice Manlove's office. By the Court ~ Thomas A. Placey District Justice 09-3-04 - ~ ~S"I1!./o'J,. ~.f. Robert V. Manlove District Justice 09-1-02 , t\liilhr'!l~~1iliJii.,gIll~~Th,-jij,iL"',"_,~1V:;t1;",i;ri;~;""'ml","":i~'J;,'1<Ii""',,,i,.i"" ~",,,~>-..y,,-I,,,',,', ~-,., ~..,,'~'~,.c ,~, ,~ ,,,i,~",:o:-;,, "'".:..i,o.".q",,;o,~~,"'~,""l5l">i;'U<>!I,~"""""-'N'''''''''''~''''''"''''~~=--_._"-~--,,-" ~) ",'.~ -", "-"",?I,,,,~,.. _",',,~'~"'~,.' ~, .~, ""', ,~,' .~,,' -"'~. ~,~ , - ""-' o ~~; dl p:~" ~/;'~' ....,---; ~(",' l~ ~~~' ~ r,:::; f"" ,~ c) "1 r,.) (h ~, I 5.,,- .:l.J -< 65 ifl! ',", ,,__ >',__~"~~,~" ~",~W~~'~,'''d''~W ",~.' "" .." -'I~_,,,,-- . "'. ~'" "e.~'_, d"~ ", ~',,'-- '-miii!.~j.' FREDERICK L. CORNMAN, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE DIANNA K. CORNMAN, Defendant/Petitioner NO. 2001-7233 CIVIL TERM IN DIVORCE DR# 31664 PacseS# 333104468 ORDER OF COURT AND NOW, this 7th day of May, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on June 17, 2002 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 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: (I) a true copy of your most recent Federal Income Tax Return, including W -2' s as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1I@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Jndge Mail copies on 5-7-02 to: ,.~~ 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. Petitioner < Respondent Jerry Weigle, Esquire Jason Kutu1akis, Esquire t' ,,. ,( 'Ii j,,,.! l\, , R. Date of Order: May 7, 2002 CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ti&l~~W,*,fd.'iiiit.'dl.I!-C0;>:~;&i,'EB%')f15i)"'tJ2'::".rX;,"ii~,i"'i,' ';.~,,--1,3', ,,,: ""6"'~"'" 'i,,,,.,!;(!0WdMili~~R~~;;<~~~=ciH;;o_"~~.\f"<",-"'''''''''''''''''''''''I!'''''''",,'''-'''='''-~'''''--"~~~,~.=~---- '~..r,,",,'''", '^ ," '-">. ~ ,~ ,~,"_"'~"~^'~;v""' ",~,'~''''''''.~' ..'l'o ~,,-,<,'''''_' ,,,,,,,,..,v,,,,,,',,,,~,,, --,,"",",", ",,' "'*'?'" ..,,;'"-H ',,",," C) f; 1::"" rr:,j'".: .~. '-,- .--:'.. ~ (,::) ,~~: ~(~: :ij:;c,-;: 5,Q i~ {;,) 0\l ",y, G:) ~\~1 ~~ 1~'0 "'~('~ (:jril ~~ .:0 -< \0 .~ ,"", ,,'",'~",", .,co.",,',.", '~,"',' . :v-",;, ,~, _ _",....'^", ..~ A" - "~,~.",~,. 'l". " " '- '"~J ~'<' L~ .. ". "4''>;--*'~, FREDERICK 1. CORNMAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant CIVIL ACTION-LAW TO THE HONORABLE JUDGES OF SAID COURT: AMENDED DIVORCE COMPLAINT AND NOW, this 1'3~day of ~ , 2002, comes the plaintiff, Frederick 1. Cornman, by and through his attorney, Jason P. Kutulakit;-Esquire, of ABOM & KUTULAKIS, L.1.P. and files this Amended Divorce Complaint as follows: 1. Plaintiffs original Divorce Complaint is incorporated herein by reference as if set forth in its full text. 2. Plaintiff is Frederick 1. Cornman who currently resides at 614 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant is Dianna K. Cornman, who currently resides at 302 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 4. Plaintiff filed the original Divorce Complaint in this case on December 28, 2001. 5. Upon learning of the Defendant's adulterous relations at a Support Hearing on April 17,2002, the Plaintiff filed a Petition for Leave to Amend Divorce Complaint on April 29,2002. 6. This Honorable Court granted the Petition for Leave to Amend on May 1,2002. COUNT II: FAULT BASED GROUNDS FOR DIVORCE, 23 PA.C.S. !l3301(a) 7. Paragraphs one (1) through six (6) are incorporated herein by reference. f -, ,'" L <~, - ,~':~ ",' ,", ,. 11 , ^ ". >,""' .;.., "-T~i 8. The Plaintiff requests this Court to enter a Fault Based Decree of Divorce based upon the Support Master's Findings of Fact from the April I?, 2002, Support Hearing. Relevant findings offact are as follows: a. The Defendant left the marital residence before the Plaintiff returned home from work on November 15,2000, left a note stating that she was going away for awhile "to get her head straight", and gave the Plaintiff no indication of if or when she would be returning b. The Defendant did not inform the Plaintiff of her intention to leave the marital residence prior to that date. c. The Defendant left the marital residence and went to the residence of Clarence Myers, the person she was having adulterous relations with, to stay. d. The Defendant lived with Clarence Myers in Pennsylvania from November 15, 2000 until December 26, 2000, lived with him in Florida from early January 2001 until late February 2001 and also lived with him in Florida from January 2002 until March 2002.. e. The Plaintiff never consented to the Defendant leaving the marital residence. f. The Defendant began a sexual relationship with Mr. Myers in late 2000 or early 200 I. Sexual relations occurred on average two times per month and continue today. (Support Master's Findings of Fact attached as Exhibit A) 9. Plaintiff therefore avers that the Defendant has (a) committed willful and malicious desertion without reasonable cause for a period of one or more years and (b) has committed adultery. 10. Plaintiff is an innocent and injured spouse. , ;; ~. '" .1 '~,.1~'~.., WHEREFORE, the Plaintiff requests this Court to enter a Divorce Decree based on grounds offault, pursuant to 23 Pa.C.S. S 3301(a). COUNT III: ATTORNEYS FEES, ALIMONY AND ALIMONY PENDENTE LITE II. Paragraphs one (1) through ten (10) are incorporated herein by reference. 12. Plaintiff has incurred and will continue to incur counsel fees, cost and expenses for his representation in this matter that are substantial and continuing. 13. Plaintiff lacks sufficient means of support at present to fully provide for his reasonable needs, despite the fact that he is employed. 14. Plaintiff requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court to enter an award of Attorneys Fees including costs and expenses, an award of Alimony Pendente Lite, and a [mal award of Alimony after final hearing. Respectfully submitted, Abom & Kutulakis, L.L.P. Jas n P. Kutulakis, Esquire Att ey J.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff I ,,~~...,-_.. ~ "" "" > ""'"'"'~ I, 'f' 0__ ~~ t~~~, ",,~,,"_ '.~ ,~ "''''''''''''....'''''''''..'....i;'~~.'" DIANNA KAY CORNMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION FREDERICK LEE CORNMAN, Defendant PACSES NO. 150103935 NO. 863 SUPPORT 2001 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on April 17, 2002, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Dianna Kay Cornman, who resides at 302 Meadow Drive, Shippensburg, Pennsylvania. 2. The Defendant is Frederick Lee Cornman, who resides at 614 North Middle Road, Newville, Pennsylvania. 3. The parties are husband and wife having married on February 4, 1963. 4. The parties'separated on November 15,2000, when the Plaintiff left the marital residence. 5. The Defendant had slapped the Plaintiff over a petty matter in August, 2000. 6. The parties had been arguing in November, 2000. 7. In November, 2000, the Defendant made a comment to the Plaintiff that he was considering "ending everything." 8. The Plaintiff left the marital residence before the Defendant returned home from work on November 15, 2000. 9. The Plaintiff did not inform the Defendant of her intention to leave prior to that date. 10. The Plaintiff left the Defendant a note stating that she was going away for awhile "to get her head straight." 11. The Plaintiff gave the Defendant no indication if or when she would be returning. Exhibit "All @ ..,~"'"""" ~~ '"' I_....,;.".;_~~... 1"""-- ';'.;1!"-"""'-"'-""~'<\I"'-""""C':,' 12. The Plaintiff went to the residence of Clarence Myers to stay. 13. Mr. Myers is an elderly gentleman for whom the Plaintiff had performed nurse's aide services earlier in the year. 14. The Plaintiff stayed with Mr. Myers in his home from November 15, 2000, until December 26, 2000, when Mr. Myers left for Florida. 15. The Plaintiff relocated to the home of a girlfriend on December 26, 2000. 16. In early January, 2001, Mr. Myers contacted the Plaintiff and suggested that she come to Florida to stay with him in his motor home. 17. The Plaintiff went to Florida, stayed with Mr. Myers, and returned to Pennsylvania with him in late February, 2001. 18. Upon returning to Pennsylvania the Plaintiff stayed at Mr. Myers' home for approximately ten days before moving to an apartment. 19. In January, 2002, the Plaintiff accompanied Mr. Myers to Florida where they resided together in his motor home until March, 2002. 20. The Plaintiff began a sexual relationship with Mr. Myers in late 2000 or early 2001.' 21. Shortly after November 15, 2000, the Defendant boxed up the Plaintiffs clothing and personal effects and put them on the porch of the residence. 22. The Plaintiff gave the Defendant her keys to the marital residence in March, 2001. 23. The Defendant did no consent to the Plaintiffs leaving the marital residence in November, 2000, but he has not asked her to return. 24. The Plaintiff filed a complaint for spousal support on October 17, 2001. DISCUSSION The facts of this case raise two legal issues. First, did the Plaintiff have adequate legal cause for leaving the marital residence such that she is entitled to receive spousal support? Second, has the Plaintiff, through her post-separation I The Plaintiff initially testified on direct examination that she never had been sexually involved with Mr. Myers but subsequently changed her testimony. She admitted that she and Mr. Myers engaged in sexual relations from late 2000 or early 200 I on average two times per month. -""'- ~. w" "'~~~~ ..,.., j, " J'" ',...';.", 1,~I~,_,,~ "-",,"..".<,;':"",l;''''~'''.' conduct, given the Defendant grounds for a fault divorce thereby forfeiting her entitlement to support? A wife who seeks spousal support following a voluntary, nonconsensual departure from the marital home has the burden of proving that her husband's conduct gave her adequate legal cause to leave the marital home. McKolanis v. McKolanis, 644 A.2d. 1256 (Pa. Super. 1994). Although the phrase "adequate legal cause" is not subject to an exact definition, the conduct need not rise to such a level as to constitute grounds for a divorce. Rock v. Rock, 560 A.2d. 199 (Pa. Super. 1989). The conduct must be more than a mere allegation that the husband has made marital life unbearable without providing supporting facts. Martin v. Martin, 423 A.2d. 6 (Pa. Super. 1980). In this case the Plaintiff gave uncontradicted testimony that the Defendant slapped her on one occasion in August, 2000, three months before her departure, that the couple had been arguing in November prior to her departure, and that the Defendant had said he was considering "ending everything." This testimony, without more, is insufficient to establish adequate legal cause for leaving. However, immediately following the Plaintiff's initial departure from the home, the Defendant packed up her clothing and personal belongings (the Plaintiff had taken only three days change of clothing with her when she left the home) and put them on the porch of the residence. Assuming arguendo that this action on the part of the Defendant gave the Plaintiff adequate legal cause to remain out of the home, we must next determine whether the Plaintiff forfeited her entitlement to support by her own conduct. A dependent spouse is entitled to support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d. 155 (Pa. Super. 1993). Adultery is a ground for a fault divorce. 23 Pa. C.S. Section 3301 (a)(2). Although proof of adultery must be by clear and convincing evidence, Levitz v. Levitz, 185 A.2d. 620 (Pa. Super. 1962), here the Plaintiff admitted to having had a sexual relationship with another man beginning shortly after the separation and continuing to the present. This conduct, even if the Plaintiff had adequate legal cause to leave the marital residence, defeats her entitlement to an award of spousal support. RECOMMENDATION The Plaintiff's claim for spousal support is denied and her complaint is dismissed. ~DV' \ 2--'-/, 2--002- Date' \~~Q~~k Michael R. Rundle Support Master ~ ~ .... , ~, l. ,__j"~ .'_I_,~ c~~,,",'" FREDERICK L. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2002, I, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Amended Divorce Complaint upon Jerry A. Weigle, Esquire, Attorney for Defendant, by mail at the following: WEIGLE & ASSOCIATES, P.C. Jerry A. Weigle, Esquire 126 East King Street Shippensburg, P A 17257 Respectfully submitted, Abom & Kutulakis, L.L.P. :b n P. Kutulakis, Esquire Arney LD. No. 80411 Suite 204 8 South Hanover Street Carlisle,PA 17013 (717) 249-0900 Attorney for Plaintiff .~,. alli:"'oi....__'__J."""i.m<"""', "-",>'~.., " , .- ".<;,,;; ;'f,,;ii't4W,jml~~~;,~~J&,ji@itkrA\'jI&!~~~m.!J:ar ,,,I"!1..:....LLJ~WI!Il.tll.Jllllll!IIHm~.~..ljl,J.J"l.Jm".s..,,.,~L..",L,..,.,..."~,,, ..'" ","' ". ", ,", ." '" -- .fMIi!!!!U " 0 0 0 C N ;;?--- '''q' "DeIi :;:: :;i (!.1ni :>>- -< ;:2<,11 ~~ '''P=:: ,"<.[ "ilm (J) ... w 'F? ~2"; "."-'-0 50' -0 ~~~! ~'H ",:0 :z: ~C} ~~C) .l> <f'-: J::" (:sr'n Z :;;' ::;J '0 ~ , " ) ,"~;'9fi'ii{?Q%J&T\~:~:~' d~1!::~X&:~-!2J\&."f~,~~~'(f,w~;;m,:~~~ . II, C!;'" "'~ V) "' R ~~ t,.... ~ :5i,~ -< ~ >= ""'.....:l '" >l O~~ ~~ ~ :;i", ~~~ ;:J oj o ., 'flU 00 - I'- (J) C') ~ , I'- (])o LO .S ~ ~ tJl ~ g<(-<( Wo1l3l1l.. (])- en _ _ C:-Cl "6>.- (f) ~ .-.:c O):::::J (])(])c:..c SIl..S2~ <(. <D . (]) - W a. C" ,Q> (0 .9- -a>C\I..c ..9:ls~(f) I".. Ilkli,0;;;;;iX~~;~~;:;?:Yi~'1;':;'V;ff,~,t~;~1~',~l:St~1{~~~1~'~@)B.i'i,&'iiM\:hi~~~ - ~ " ~ .~.l_ ~ I-~~~ ~>' -, --,--, "<-'-'otii FREDERICK 1. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-7233 CIVIL TERM DIANNAK. CORNMAN, Defendant CIVIL ACTION-LAW TO THE HONORABLE mDGES OF SAID COURT: AMENDED DIVORCE COMPLAINT AND NOW, this 1'Zt>- day of ~ ,2002, comes the plaintiff, Frederick 1. Cornman, by and through his attorney, Jason P. K~squire, of ABOM & KUTULAKIS, 1.1.P. and files this Amended Divorce Complaint as follows: I. Plaintiffs original Divorce Complaint is incorporated herein by reference as if set forth in its full text. 2. Plaintiff is Frederick 1. Cornman who currently resides at 614 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant is Dianna K. Cornman, who currently resides at 302 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 4. Plaintiff filed the original Divorce Complaint in this case on December 28, 200 I. 5. Upon learning of the Defendant's adulterous relations at a Support Hearing on April 17, 2002, the Plaintiff filed a Petition for Leave to Amend Divorce Complaint on April 29, 2002. 6. This Honorable Court granted the Petition for Leave to Amend on May 1,2002. COUNT II: FAULT BASED GROUNDS FOR DIVORCE, 23 FA.C.S. ~ 3301(a) 7. Paragraphs one (1) through six (6) are incorporated herein by reference. ~ ~ L_ .= . . ,~- .1;] 8. The Plaintiff requests this Court to enter a Fault Based Decree of Divorce based upon the Support Master's Findings of Fact from the April 17, 2002, Support Hearing. Relevant findings offact are as follows: a. The Defendant left the marital residence before the Plaintiff returned home from work on November 15, 2000, left a note stating that she was going away for awhile "to get her head straight", and gave the Plaintiff no indication of if or when she would be returning b. The Defendant did not inform the Plaintiff of her intention to leave the marital residence prior to that date. c. The Defendant left the marital residence and went to the residence of Clarence Myers, the person she was having adulterous relations with, to stay. d. The Defendant lived with Clarence Myers in Pennsylvania from November 15, 2000 until December 26, 2000, lived with him in Florida from early January 2001 until late February 2001 and also lived with him in Florida from January 2002 until March 2002. e. The Plaintiff never consented to the Defendant leaving the marital residence. f. The Defendant began a sexual relationship with Mr. Myers in late 2000 or early 2001. Sexual relations occurred on average two times per month and continue today. (Support Master's Findings of Fact attached as Exhibit A) 9. Plaintiff therefore avers that the Defendant has (a) committed willful and malicious desertion without reasonable cause for a period of one or more years and (b) has committed adultery . 10. Plaintiff is an innocent and injured spouse. , " L'" _to ,.,,;,- ""<;j'i;t WHEREFORE, the Plaintiff requests this Court to enter a Divorce Decree based on grounds offault, pursuant to 23 Pa.C.S. g3301(a). COUNT III: ATTORNEYS FEES, ALIMONY AND ALIMONY PENDENTE LITE 11. Paragraphs one (1) through ten (10) are incorporated herein by reference. 12. Plaintiff has incurred and will continue to incur counsel fees, cost and expenses for his representation in this matter that are substantial and continuing. 13. Plaintiff lacks sufficient means of support at present to fully provide for his reasonable needs, despite the fact that he is employed. 14. Plaintiffrequires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court to enter an award of Attorneys Fees including costs and expenses, an award of Alimony Pendente Lite, and a final award of Alimony after final hearing. Respectfully submitted, Abom & Kutulakis, L.L.P. Jas n P. Kutulakis, Esquire Att . ey J.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff . -, "' ,- I'""'" ~ " ~~^ ,:. H'J:,:'J;~i DIANNA KAY CORNMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 150103935 NO. 863 SUPPORT 2001 FREDERICK LEE CORNMAN, Defendant SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on April 17, 2002, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Dianna Kay Cornman, who resides at 302 Meadow Drive, Shippensburg, Pennsylvania. 2. The Defendant is Frederick Lee Cornman, who resides at 614 North MiGldle Road, Newville, Pennsylvania. 3. The parties are husband and wife having married on February 4, 1963. 4. Thl'l parties' separated on November 15, 2000, when the Plaintiff left the marital residence. 5. The Defendant had slapped the Plaintiff over a petty matter in August, 2000. 6. The parties had been arguing in November, 2000. 7. In November, 2000, the Defendant made a comment to the Plaintiff that he was considering "ending everything." 8. The Plaintiff left the marital residence before the Defendant returned home from work on November 15, 2000. 9. The Plaintiff did not inform the Defendant of her intention to leave prior to that date. 10. The Plaintiff left the Defendant a note stating that she was going away for awhile "to get her heac:l straight." 11. The Plaintiff gave the Defendant no indication if or when she would be returning. . Exhibit "A" 'w ~ , . ' . "- -~ - . - -~-- c. -I" "- - " ~~-. ",- ~;::::;~ 12. The Plaintiff went to the residence of Clarence Myers to stay. 13. Mr. Myers is an elderly gentleman for whom the Plaintiff had performed nurse's aide services earlier in the year. 14. The Plaintiff stayed with Mr. Myers in his home from November 15, 2000, until December 26, 2000, when Mr. Myers left for Florida. 15. The Plaintiff relocated to the home of a girlfriend on December 26, 2000. 16. In early January, 2001, Mr. Myers contacted the Plaintiff and suggested that she come to Florida to stay with him in his motor home. 17. The Plaintiff went to Florida, stayed with Mr. Myers, and returned to Pennsylvania with him in late February, 2001. 18. Upon returning to Pennsylvania the Plaintiff stayed at Mr. Myers' home for approximately ten days before moving to an apartment. 19. In January, 2002, the Plaintiff accompanied Mr. Myers to Florida where they resided together in his motor home until March, 2002. 20. The Plaintiff began a sexual relationship with Mr. Myers in late 2000 or early 2001.1 21. Shortly after November 15,2000, the Defendant boxed up the Plaintiff's clothing and personal effects and put them on the porch of the residence. 22. The Plaintiff gave the Defendant her keys to the marital residence in March, 2001. 23. The Defendant did no consent to the Plaintiff's leaving the marital residence in November, 2000, but he has not asked her to return. 24. The Plaintiff filed a complaint for spousal support on October 17, 2001. DISCUSSION The facts of this case raise two legal issues. First, did the Plaintiff have adequate legal cause for leaving the marital residence such that she is entitled to receive spousal support? Second, has the Plaintiff, through her post-separation 1 The Plaintiff initially testified on direct examination that she never had been sexually involved with Mr. Myers but subsequently changed her testimony. She admitted that she and Mr. Myers engaged in sexual relations from late 2000 or early 2001 on average two times per month. ,,^ , I ~~ " -"'''''~ " '-""''''$fu~j} conduct, given the Defendant grounds for a fault divorce thereby forfeiting her entitlement to support? A wife who seeks spousal support following a voluntary, nonconsensual departure from the marital home has the burden of proving that her husband's conduct gave her adequate legal cause to leave the marital home. McKolanis v. McKolanis, 644 A.2d.1256 (Pa. Super. 1994). Although the phrase "adequate legal cause" is not subject to an exact definition, the conduct need not rise to such a level as to constitute grounds for a divorce. Rock v. Rock, 560 A.2d. 199 (Pa. Super. 1989). The conduct must be more than a mere allegation that the husband has made marital life unbearable without providing supporting facts. Martin v. Martin, 423 A.2d. 6 (Pa. Super. 1980). In this case the Plaintiff gave uncontradicted testimony that the Defendant slapped her on one occasion in August, 2000, three months before her departure, that the couple had been arguing in November prior to her departure, and that the Defendant had said he was considering "ending everything." This testimony, without more, is insufficient to establish adequate legal cause for leaving. However, immediately following the Plaintiff's initial departure from the home, the Defendant packed up her clothing and personal belongings (the Plaintiff had taken only three days change of clothing with her when she left the home) and put them on the porch of the residence. Assuming arcuendo that this action on the part of the Defendant gave the Plaintiff adequate legal cause to remain out of the home, we must next determine whether the Plaintiff forfeited her entitlement to support by her own conduct. A dependent spouse is entitled to support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d. 155 (Pa. Super. 1993). Adultery is a ground for a fault divorce. 23 Pa. C.S. Section 3301 (a)(2). Although proof of adultery must beby clear and convincing evidence, Levitz v. Levitz, 185 A.2d. 620 (Pa. Super. 1962), here the Plaintiff admitted to having had a sexual relationship with another man beginning shortly after the separation and continuing to the present. This conduct, even if the Plaintiff had adequate legal cause to leave the marital residence, defeats her entitlement to an award of spousal support. RECOMMENDATION The Plaintiff's claim for spousal support is denied and her complaint is dismissed. ~Vl \ 2_'-/, 2('02- Date' ~'vu~~ R ~~ Michael R. Rundle Support Master -~ -~~ d - ."~ --~- FREDERICK 1. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW, this ~day of May, 2002, I, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, 1.1.P., hereby certify that I did serve a true and correct copy of the foregoing Amended Divorce Complaint upon Jerry A. Weigle, Esquire, Attorney for Defendant, by mail at the following: WEIGLE & ASSOCIATES, P.C. Jerry A. Weigle, Esquire 126 East King Street Shippensburg, P A 17257 Respectfully submitted, Abom & Kutulakis, L.L.P. n P. Kutulakis, Esquire A rney J.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff 0iY.~'i!;2?,rJ;i');lltr;::~Z10i~;:f\t:~~t:'1.Bt*~-R:';'i{\e;:~'4';.~J5;;~~~;I,,;. lW ' "^ ." , " ~I~'~'I ~'L_ 1_, " i III I I" -.r ~ p..; Q) . ...... H '5 'r/) H " ^ ...... '" Q) <") ~ Q) ...'-< ......0 ";:/r/)t- -i:l ...'-< a~--< ,.:<; 0 ~ ~ ~ Q)^ - E ::r: .;a o . ~ ,.cr/)oj --<ooU ct;", N_ V} '" R ~t) ~ ~ ~ (/')~ z -< ~~ ~....:l '"~ O~ ~~ ~::J. ~ ~ :J: :;j b - ;J oJ o ." O/lU 00 -~:t'~if:,;_it:i!iJi'P'~0;~~tW;~wi1;j~,,7,t:"{;th;.;~F~;1;\'&it~~,g~: ,-,~ , , '-, hi' 1- ,- ~~,,;~-:.,.~-,~ FREDERICK 1. CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-7233 CIVIL TERM DIANNAK. CORNMAN, Defendant CIVIL ACTION-LAW TO THE HONORABLE mDGES OF SAID COURT: AMENDED DIVORCE COMPLAINT AND NOW, this nt>- day of ~ ,2002, comes the plaintiff; Frederick 1. Cornman, by and through his attorney, Jason P. K~Esquire, of ABOM & KUTULAKIS, 1.1.P. and files this Amended Divorce Complaint as follows: 1. Plaintiffs original Divorce Complaint is incorporated herein by reference as if set forth in its full text. 2. Plaintiff is Frederick 1. Cornman who currently resides at 614 North Middle Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant is Dianna K. Cornman, who currently resides at 302 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 4. Plaintiff filed the original Divorce Complaint in this case on December 28, 200 I. 5. Upon learning of the Defendant's adulterous relations at a Support Hearing on April 17,2002, the Plaintiff filed a Petition for Leave to Amend Divorce Complaint on April 29, 2002. 6. This Honorable Court granted the Petition for Leave to Amend on May 1,2002. COUNT II: FAULT BASED GROUNDS FOR DIVORCE, 23 P A.C.S. ~ 3301(a) 7. Paragraphs one (1) through six (6) are incorporated herein by reference. ~_."_o, _._~ ,'; I ~ ~. I-~ . "'~.-, ~" 8. The Plaintiff requests this Court to enter a Fault Based Decree of Divorce based upon the Support Master's Findings of Fact from the April 17, 2002, Support Hearing. Relevant findings offact are as follows: a. The Defendant left the marital residence before the Plaintiff returned home from work on November 15, 2000, left a note stating that she was going away for awhile "to get her head straight", and gave the Plaintiff no indication of if or when she would be retuming b. The Defendant did not inform the Plaintiff of her intention to leave the marital residence prior to that date. c. The Defendant left the marital residence and went to the residence of Clarence Myers, the person she was having adulterous relations with, to stay. d. The Defendant lived with Clarence Myers in Pennsylvania from November 15, 2000 until December 26, 2000, lived with him in Florida from early January 2001 until late February 2001 and also lived with him in Florida from January 2002 until March 2002. e. The Plaintiff never consented to the Defendant leaving the marital residence. f. The Defendant began a sexual relationship with Mr. Myers in late 2000 or early 2001. Sexual relations occurred on average two times per month and continue today. (Support Master's Findings of Fact attached as Exhibit A) 9. Plaintiff therefore avers that the Defendant has (a) committed willful and malicious desertion without reasonable cause for a period of one or more years and (b) has committed ,ldultery . 10. Plaintiff is an innocent and injured spouse. . , ~ J. J '0_. ~-. ~'", h!!l"""w;; WHEREFORE, the Plaintiff requests this Court to enter a Divorce Decree based on grounds offault, pursuant to 23 Pa.C.S. g3301(a). COUNT III: ATTORNEYS FEES, ALIMONY AND ALIMONY PENDENTE LITE 11. Paragraphs one (1) through ten (10) are incorporated herein by reference. 12. Plaintiff has incurred and will continue to incur counsel fees, cost and expenses for his representation in this matter that are substantial and continuing. 13. Plaintiff lacks sufficient means of support at present to fully provide for his reasonable needs, despite the fact that he is employed. 14. Plaintiffrequires reasonable support to adequately maintain himself in accordance with the standard ofliving established during the marriage. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court to enter an award of Attorneys Fees including costs and expenses, an award of Alimony Pendente Lite, and a final award of Alimony after final hearing. Respectfully submitted, Abom & Kutulakis, L.L.P. Jas n P. Kutulakis, Esquire Att ey J.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff "fiJ " , 1;-. -~..,~., ~r- .0., '-'''-1-' '.-l>j~i' DIANNA KAY CORNMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION V. FREDERICK LEE CORNMAN, Defendant PACSES NO. 150103935 NO. 863 SUPPORT 2001 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on April 17,2002, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Dianna Kay Cornman, who resides at 302 Meadow Drive, Shippensburg, Pennsylvania. 2. The Defendant is Frederick Lee Cornman, who resides at 614 North Middle Road, Newville, Pennsylvania. 3. The parties are husband and wife having married on February 4, 1963. 4. The parties separated on November 15, 2000, when the Plaintiff left the marital residence. 5. The Defendant had slapped the Plaintiff over a petty matter in August, 2000. 6. The parties had been arguing in November, 2000. 7. In November, 2000, the Defendant made a comment to the Plaintiff that he was considering "ending everything." 8. The Plaintiff left the marital residence before the Defendant returned home from work on November 15, 2000. 9. The Plaintiff did not inform the Defendant of her intention to leave prior to that date. 10. The Plaintiff left the Defendant a note stating that she was going away for awhile "to get her head straight." 11. The Plaintiff gave the Defendant no indication if or when she would be returning. Exhibit ".A" "i\1 It - ~ . _. ,', ".~ .,-," ~ """, -." "[:S.jj~g'; 12. The Plaintiff went to the residence of Clarence Myers to stay. 13. Mr. Myers is an elderly gentleman for whom the Plaintiff had performed nurse's aide services earlier in the year. 14. The Plaintiff stayed with Mr. Myers in his home from November 15, 2000, until December 26, 2000, when Mr. Myers left for Florida. 15. The Plaintiff relocated to the home of a girlfriend on December 26, 2000. 16. In early January, 2001, Mr. Myers contacted the Plaintiff and suggested that she come to Florida to stay with him in his motor home. 17. The Plaintiff went to Florida, stayed with Mr. Myers, and returned to Pennsylvania with him in late February, 2001. 18. Upon returning to Pennsylvania the Plaintiff stayed at Mr. Myers' home for approximately ten days before moving to an apartment. 19. In January, 2002, the Plaintiff accompanied Mr. Myers to Florida where they resided together in his motor home until March, 2002. 20. The Plaintiff began a sexual relationship with Mr. Myers in late 2000 or early 2001.' 21. Shortly after November 15, 2000, the Defendant boxed up the Plaintiff's clothing and personal effects and put them on the porch of the residence. 22. The Plaintiff gave the Defendant her keys to the marital residence in March, 2001. 23. The Defendant did no consent to the Plaintiff's leaving the marital residence in November, 2000, but he has not asked her to return. 24. The Plaintiff filed a complaint for spousal support on October 17, 2001. DISCUSSION The facts of this case raise two legal issues. First, did the Plaintiff have adequate legal cause for leaving the marital residence such that she is entitled to receive spousal support? Second, has the Plaintiff, through her post-separation 1 The Plaintiff initially testified on direct examination that she never had been sexually involved with Mr. Myers but subsequently changed her testimony. She admitted that she and Mr. Myers engaged in sexual relations from late 2000 or early 2001 on average two times per month. ':I: I-~..'-',,~<.~ ~ ~ . b..::G.7'1l''''' -:,--"..~[, conduct, given the Defendant grounds for a fault divorce thereby forfeiting her entitlement to support? A wife who seeks spousal support following a voluntary, nonconsensual departure from the marital home has the burden of proving that her husband's conduct gave her adequate legal cause to leave the marital home. McKolanis v. McKolanis, 644 A.2d. 1256 (Pa. Super. 1994). Although the phrase "adequate legal cause" is not subject to an exact definition, the conduct need not rise to such a level as to constitute grounds for a divorce_ Rock v. Rock, 560 A.2d. 199 (Pa. Super. 1989). The conduct must be more than a mere allegation that the husband has made marital life unbearable without providing supporting facts. Martin v. Martin, 423 A.2d. 6 (Pa. Super. 1980). In this case the Plaintiff gave uncontradicted testimony that the Defendant slapped her on one occasion in August, 2000, three months before her departure, that the couple had been arguing in November prior to her departure, and that the Defendant had said he was considering "ending everything." This testimony, without more, is insufficient to establish adequate legal cause for leaving. However, immediately following the Plaintiff's initial departure from the home, the Defendant packed up her clothing and personal belongings (the Plaintiff had taken only three days change of clothing with her when she left the home) and put them on the porch of the residence. Assuming arQuendo that this action on the part of the Defendant gave the Plaintiff adequate legal cause to remain out of the home, we must next determine whether the Plaintiff forfeited her entitlement to support by her own conduct. A dependent spouse is entitled to support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d. 155 (Pa. Super. 1993), Adultery is a ground for a fault divorce. 23 Pa. C.S. Section 3301 (a)(2). Although proofofadultery must be by clear and convincing evidence, Levitz v. Levitz, 185 A.2d. 620 (Pa. Super. 1962), here the Plaintiff admitted to having had a sexual relationship with another man beginning shortly after the separation and continuing to the present. This conduct, even if the Plaintiff had adequate legal cause to leave the marital residence, defeats her entitlement to an award of spousal support. RECOMMENDATION The Plaintiff's claim for spousal support is denied and her complaint is dismissed. ~Vl\ z.L{, 2002- Date' \\u~-D Q ~~k Michael R. Rundle Support Master .,.~ .' ,......,;.,.. ri~ ~ """,., ,;4ilillL~E;~' . . FREDERICK 1. CORNMAN, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW, this ~day of May, 2002, I, Jason P. Kutulakis, Esquire, of Abom & Kutulakis, 1.1.P., hereby certifY that I did serve a true and correct copy of the foregoing Amended Divorce Complaint upon Jerry A. Weigle, Esquire, Attorney for Defendant, by mail at the following: WEIGLE & ASSOCIATES, P.C. Jerry A. Weigle, Esquire 126 East King Street Shippensburg, P A 17257 Respectfully submitted, Abom & Kutulakis, L.L.P. .~ n P. Kutulakis, Esquire A rney J.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff "". . "" "~ -" "-'.i=-,t'lMi~J1iliO:--ill.~ii>oWi>,,-AA#~t~- FREDERICK L. CORNMAN, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE DIANNA K. CORNMAN, DefendantIPetitioner NO. 2001-7233 CIVIL TERM IN DIVORCE DR# 31664 PacseS# 333104468 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this 21" day of June, 2002, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ. Shaddav on Aueust 6.2002 at 9:00A.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 ar~ further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs f~r the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY TIIE COURT, George E. Hoffer, President Judge Mail copies on 6-21-02 to: Petitioner < Respondent Jerry Weigle, Esquire Jason Kutulakis, Esquire ~e , .;JL Date of Order: June 21, 2002 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, PENNSYLVANIA 17013 (717) 249-3166 ~'i ~ . 'h ~ -' ^---"~~~;:+~,,,, , . .. ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT {)U. ;eOOI. 7 ;J.~3 (1(I//t.... State Commonwealth of Pennsvlvania A'Mod"<:"" 33 3f6Y'l~R' Co./City/Dist. of CUMBERLAND ~c.> Date of Order/Notice 08/28/02 Die. .fl/~ (, 'I' Court/Case Number (See Addendum for case summary) , @Original Order/Notice o Amended Order/Notice o Terminate Order/Notice JRE:CORNMAN, FREDERICK L. ) Employee/Obligor's Name (Last, First, Mil J J ) ) J J J 172-32-0389 Employee/Obligor's Social Security Number 5329100866 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, Virst, MI) EmployerlWithholder's Federal EIN Number PRESBYTERIAN HOMES INC EmployerNVithholder's Name 1217 SLATE HILL RD EmployerlWithholder's Address CAMP HILL PA 17011-8012 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. $ 191.00 per month in current support $ 9.00 per month in past-due support Arrears 12 weeks or greater? G9yes 0 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 $ 200.00 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: $ 46.15 per weekly pay period. $ n .31 per biweekly pay period (every two weeks). $ 100.0.0 per semimonthly pay period (twice a month). $ 200.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (1 0) 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: />.UG ::, 9 Z002 ~. /(fF'v,A' A. /-lESS /I. 4.. Service Type M ~,/~ ~", "\"P!::f ~n ' ~";'.' 'j j' , " -"I' "'_'_ -, ",.k'_'~'","-r,'," H,'C f. ...,,' .~~ ";;', "~;:;:;;' ,"~-' - OMB No.: 0970-0154 ExpirationqalE;!: 12/31/00 7LJbf.,C Form EN-028 Worker ID $IATT DOc' ~\r., .-1 ~_.. ~ "~ - ~ - ~1l;~_t~ . , . 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. * RepOltihg tile r'ardal~Date of\Vithholdillg. '/ou IllU5t lepolt lIle pardate/dale of vvitl,Lolding vvLell selldil Ig tire pay I lIeht. Tile pardale/Jate of n;lIllloldillg;5 till date 011 yvllicll ~moUllt vvcH nitllllcld from tile c.lllployee's vvag6. You must comply with the law of the state of the employee's/obligor's principal placeof 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 be10w) S. 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: 2313.814040 EMPLOYEE'S/OBLlGOR'S NAME: CORNMAN, FREDERICK L. EMPLOYEE'S CASE IDENTIFIER: 5329100866 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 questio'ns about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: YOU are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any 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, F-ederal, local taxes; Sodal Security taxesi and Medicare taxes. 10. *NOTE: If you or ybur 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. RequestingAgency: 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 (71 7) 240-6225 or by FAX at (7171 240-6248 or by Internet . @ Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMB" No.: 0970-0154 Expiration Date: 12/31/00 Sl'<. -~, .1 . ~ ij~ ~. 0 ~ ~hJit!~. , . '" ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CORNMAN, PACSES Case Number 333104468 IJ.,c,uc{ Plaintiff Name '( ... DIANNA K. CORNMAN Docket Attachment Amount 01::?233 CIVIL $ 200.00 Child(ren)'s Name(s): DOB FREDERICK L. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB (Jlf~~~c~ed,;oJa;~r~q~ir~d t~e~;;lit~~~~il~(r~n;..'. ... ........... identified above in any health insurance coverage available through the employee's/obligor's employment. dli~~~~k~d,you ~;ereqUired to~~rollth~ C~ild(ren)" . .... identified above in any health insurance coverage availabie through the employee's/obligor's employment. PACSES Case Number Plaintiff Name PACSES Case Number Plaintiff Name Docket Attachment Amount $0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB D 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. D 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 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB tli;~~~c~e~:~~~~r~;~~~i;~~;~~~r~'1 ;~~~~il~i;e~;"" identified above in any health insurance coverage available through the employee's/obligor's employment. D 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 Service Type M OMB No.: 0970-01:>4 Expiration Date: 12/31100 "-, ;;i\:.~\\l~~~&&l...~..f.'"",~iIifu!'C-"""l!iil!i;~.."e;;&\i'-;;"",'"('{,li'-",",...-j"i.8":'N.dL" ;:,~"O;;""~~'>'Jd.,,..,,,,~~M;<;.,1.mj:A,~--,~;:,,g"I{1;[,,wk",,,,;ii,,,;~~,,,~~-----~ . , " 0 0 ~ C r-V ~ > -00:.1 r-- ,;1 mu.~ (fj Z...>,c' ZC' f',...) ,,', 0 ~i! ~~; '.0 1. ~C) ,-} -0 -r'i >C.I :J!: ~:~~~ Z,-.::. J>C N ?lfn =t ~ .,-' 55 -< ~ ~'>jI"....u~L. __.'. ,. ~L ~ ~^~__ ,..",-",.',", . _~~^ ,"."'<.' '"."._ ,~~_, c'_'~O,..'''''' _.~""I,~_ "~'_ ""',"'",,_"'- _".."".^"!>"< .;". - ,., ",,<, - .' .,. ,'.' ,,~'" ,"', ~,w ,,_ ,.C'" ,. .=- > .~.~~, ~~.~~~~,.~ ^~ ." ,.,. ,." ,. ~ "M~r _ ~"",,~,~ ~-;";.~""',,,'~~L , .~ ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ,DJd, 4.fh;J1-7ol3o (!/tlIL State Commonwe:dth of Pennsvlvania 1J4e9'?<; 0331 {YIt;{P t Co.lCity/Dist. of CtlMBERLAND Date of Order/Notice 10/08/02 !Jj2 S-JIPC/I Tribunal/Case Number (See Addendum for case summary) ... . o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice PRESBYTERIAN HOMES INC 1217 SLATE HILL RD CAMP HILL PA 17011-8012 RE: CORNMAN, FREDERICK L. Employee/Obligor's Name (Last, First, MI) 172-32-0389 Employee/Obligor's Social Security Number 5329100866 Employee/Obligor's Case Identifier (500 Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) Employer/Withholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee'slobligor'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 (X) 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 $ 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, can riot exceed 55% of the emplOyee's/ obligor's aggregate disposable weekly earni,ngs. For the purpose of the limitation on withholding, the following information is needed (See #1 Oon 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 SCOU Send check to: Pennsylvania SCOU, 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: Service Type M OCT 8 2002 /)...- . .I'P. I<E-f/ / yI9 . I-Ie5 MA!LEDOMBNO.,0970.0154 / t1.1..:?J,). ___ 4.. Date of Order: .;)v})t.r:- Form EN-028 Worker ID $IATT t)tC! {p I --~ '.~,.' ~"-"'.'-li~I&ll<;." ''1~!i0~~~_ " ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS TI If.{;hecked you are required to provide a copy of this form to your employee. If your employee works 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. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. 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. 3. Combining Payments: You can combine withheld amounts from mare than one employee/obligar'sincome in a single payment to each agency requesting withholding. You must, however, separately identify the portion ofthe single payment that is attributable to each employee/obligor. 4. * Re,jUltil,g tl,e Pa,dorte!Date of Witl,l,oldir,g. You '"uslleporttl" pa,d"Wdale of "itlll,oldi"g "h,,, s",di"g t1" po,,, ""t. Tl.e ~aydate/date of vvitl,lloldil,g is 1Ile date all nLid. dlllOtlllt yvClS vvitl.l.eld fml,l tile efhploy~e'5 mlge;,. 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 fo!Ward the support payments. S. * 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 #1 0 below) 6. 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: 2313814040 EMPLOYEE'S/OBLlGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: CORNMAN. FREDERICK L. 5329100866 DATE OF SEPARATION: 7. 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. ' 8. 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. 9. Anti-discrimination: You are subject to a fine determined underState law for discharging an employee/obligo'r 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. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed bylhe Federal Consumer Credit Protection Act (1 S U.s.e. ~1673 (b)l; or 2) the amounts allowed by the State of the employee's/obligar'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. 11. Additionallnlo: * NOTE: II you or youragent are served with a copy of this order in the state that issued the order,yau are to follow the law of the state that issued this order with respect to these items. ' Submitted By: If you oryour 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 (7171 240-li24R or CARLISLE PA 17013. by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $IATT Serv; ce Type M OMB. No.: 0970-0154 ~ :;~li~~ ;:-;'-'~~~~:!lrjirJt;w.,:;0w>h.i,Pii,;""",,~'C;'1"'>k,-"""< "l,_",. ~"~~""".._%,d,..,h'I"'~'J@fiMii0i<liiw';~,~<!;,-:",""'i;;"",_"kcl'-J~<i!'~_"W.""",",i@;I.illiil1l!a.""i~~I4_--- -- () ~ '-'~ ~\2~ ~~;)..- ~:':~:, C~, I~~ . ~~~ F~l -.y' ~;~ '2 o -n (:;:J 1~"" C:) (, -' t;? ? <'l) -, .~~~ ~~. , . ~ :.c - o .,,1 '~ ~t:X,_;,,:~,t.,~,,_, _ ~~<=""c.,J,J."J",",-, _"'~'""" ",_..., ,'''',~'''J~ ""=_""~o_"."," ~~." ",,','YO, ,_~, _'. " ..".~ ,"'_,'," " "'"~,,,,~.= ~. .' ,. "~" .~, ~ ,,-~-,-,~ ~, ,,'.- -""..-?~" " ~. L ~~~! FREDERICK L. CORNMAN, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant. : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Conrthouse, Carlisle, Pennsylvania 17013. 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. . .. ..O""~ --- _,co ~ ,~ ~~''''''''''~"-~~''''''~,''''' -~ '-~il!iiil~_, FREDERICK L. CORNMAN, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant. : IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Frederick 1. Cornman, by and through his attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and files this Amended Complaint in Divorce against the Defendant upon the cause of action hereinafter set forth: COUNT I - EQIDTABLE DISTRIBUTION 1. The allegations of Paragraph 1 through 8 of the Divorce Complaint are incorporated herein as if fully set forth above. 2. The parties have been unable to determine and equitably dispose of their respective rights and interests in the marital property. 3. Defendant will, within 60 days after service of this Amended Complaint upon Plaintiff, cause to be filed an inventory and appraisement of all property owned or possessed at the time this Amended Complaint is filed. ~~,'.0>~~'~>","",,-_,,__. ~__,~ '''';;_~,! WHEREFORE, Defendant requests the Court to equitably divide, distribute and assign the marital property pursuant to the provisions of Section 3502 of the Divorce Code. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: ~ Re ecca R. Hughes, Es Attorney for Plaintiff 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court J. D. No. 67212 Date: January -.aL, 2003 !1.'& -"'= ,- ,-"'~_,_, .-_."'~~"_<'_' _."" h' '-":"'<-''''::;j , !~ CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 21st day of January, 2003, a copy of the , ~:i .1 .i I I I , i [1 foregoing document was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Jerry Weigle, Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257-1397 :I , , j7;~:l~ Traci D. Smith / :.! -.-~- ~~I~~i -:~~'''''''''' ;L!;.1f~~c~_~,-_.__)~!0i-.,-,__ _ J~f: ,:, .--~ ,)),r,U ~_~ ~"':-':-"'.", "l'lIiiili' ,- '",-.'" UW: 0 ~' ,-X~'~"'_ ~ '.-J-t~'ih~"l I I: ,.t;t:.'_1~,'^-,'j,.~",,,,,,J.1L~,L;,o~""" ",tl"',7:-,~L":lf'~"_.\ ',' ',,' .'C-e,!'>!', ~ .~, ~ ......... W w ~ -..l -,,' < .<, '-"--1~_'~~' '~" \'J ~ -..t ~ /L) /;-- ~IL ~ ~ ~~ \ t t ~, 0-"..".,' ,,,.~,' (") c: Z -otl~ mn Z:~:p Zl ~~~;~. ~i'~; )..""c..:: Z ::? ~ , ~ . o <.oJ o -o-n L.. ~. ;z "'''1- ;,:;::; ~!:! J8 ?~~ --! -.,...>-> :0 =< N 6J --0 :3: 't? (n -" .~ .." ~"', ." ,"",...' I I ~,' 1~ "'" . ~' ~~J-:- M'f~~~" ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Disl;. of' CUMBERLAND Date of Order/Notice 01/26/04 Tri\wnal/Case Number (See Addendum for case summary) 33.3\0-\ L\Lo~ 2.C.O 1- 12.3,:) C-i"i \ o Original Order/Notice o Amended Order/Notice @ Terminate Order/Notice ......,'... SOCIAL SECURITY ADMINISTRATION C/O BETH GRONINGER MINVIi',~'l(A MILLS BLDG ',;:,n E LOUTH~R ST CARLISLE PA 17013-2657 RE: CORNMAN, FREDERICK L. Employee/Obligor's Name (last, First, MI) 172-32-0389 Employee/Obligor's Social Security Number 5329100866 Employee/Obligor's Case Identifier (See Addendum for plaintiH names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) Emp1oy<rlWithholder's Federal EIN Number 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'slobligor'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? Oyes <Xl 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 $ 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 paydateldate 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'sl obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (5ee #10 on pg. 2). If remitting by EH/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 .4.4.. Date of Order: JAN Z 7 1004 lUuJlC\ 1\. ~I Service Type M OMBNo.:097Q.0154 ,.,.,. ~- . . J e'_ ~- " II.II!Il\I.Al" ",,!.,~~,.; i~IiIi<~J1"'-; " . ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If.~hecked you are requJred. to prO\(i(Je a copy of this form to youcemployee. If your employee works in a state that is dilterentfrom the state that Issued this order, a copy must be provided to your employee even ifthe box is not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. ~,. 'P'riority: 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 lis\ed below. 3. 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 singie payment that is attributable to each employee/obligor. -"""'4 ~.">...4.-'!"Repoltil,g tl,~ PAydotelDAOO of'Nitl,l,old;l,g. You IlltJ&t lepolt tile pdydate/date of nitlllloldiJlg nll~n sel,dil,g tll~ payl,1CI,t. Tile ~'rd)l6'l:Iat\!!.,;r~d:l.b i, the date 010 ..I,iel, an,ouIot.... ..itl,l,dd f,o", tl,e elo,~lo,ee" ..age,. You must comply with the law ofthe 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. S. * 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 hono, 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 #1 0 below) 6. 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 OrderINotice to the Agency identified below. WITHHOLDER'S ID: 8384100092 EMPLOYEE'S/OBlIGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: CORNMAN, FREDERICK L. 5329100866 DATE OF SEPARATION: 7. 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. 8. 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 iaw 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. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, ortaking 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. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 5 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. 11. 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. 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 (7171 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID $OINC Service Type M OMBNo.:0970-Q154 ~ .. ,.,ll . I,~.~~ - -~ -. ~~ '*'11:' ADDENDUM Summary of Cases on Attachment Defendant/Obligor: CORNMAN, FREDERICK L. PACSES Case Number 333104468 ,.!i'ralntlff Name DIANNA K. CORNMAN Dock&!, Attachment Amount 01-7233 CIVIL$ 0.00 Child(ren)'s Name(s): DOB b:j~~~~~;;:;~~:;~;~~~I;~J~~~~;~I;;~~~~:ldi;;~;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 ch i1d (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 .tslj~~!~~:~,~~.~...:;;;;~~I;~dt~..:~;;II;~:~~;ld;;:~ii..,..,..., ."," identified above in any health insurance coverage available through the employee's1obligor'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 empioyee's/obligor's employment. PACSES Case Number Pialntiff 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 OMS No.: 0970.0154 Addendum Form EN-028 Worker ID $OINC f~ ,,t;~I(;J ~",,,,,,"",",,, '" "'_,"""""0.',, ,,',.-"'_,.~,' ;.,"-1!:'_!-;'~'_::'4Mi#_~;j!ilfr~..,;j"~tO\!;:'M!<iiI,ll&lii..'iMili:;,",,'@"~\$ff.!i.\~~ifI~~"""<".i"''''''''~' -';, 4~ 'gV ~ "-~J'-;'-'_;'''', ",,""'-~,'~, ,-;-c", ,~>~ty~__".~""-"",_,,,,, ~T'_'~'. I'f.._, ,,, ',,^'_," ,-'___,",.-.'",." <-f-''' N, ", cw __~_.,~_, ~ __~,~=..,_ " ~ - " f P!g !! -,'~ l!t ~ ;f ,,3 , ,. ", -~ !i'!l ~..d ."". ,~ .,"' "." Ti!mi-i..J:,:~'l: In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DIANNA K. CORNMAN ) Docket Number 01-7233 CIVIL " Plaintiff ) vs. ) PACSES Case Number 333104468 <?..'.",<",.... -K.~ED~~:rCK L. CORNMAN ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 26TH DAY OF JANUARY, 2004 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or o Suspended or ~ Terminated without prejudice or 0 Terminated and Vacated, effective JANUARY 1, 2004 , due to: THE PARTIES' MARRIAGE SETTLEMENT AGREEMENT. THERE IS A REMAINING BALANCE OF $35.49 OWED TO THE PLAINTIFF THAT IS TO BE PAID IN FULL, EITHER BY THE NEXT WAGE ATTACHED PAYMENT OR BY THE DEFENDANT IF THE ATTACHMENT IS TERMINATED BEFORE THE NEXT PAY DATE. DRO: RJ Shadday xc: plaintiff defendant Jerry Weigle, Esquire Jason Kutulakis, Esquire BY T7T: /9. 4.. Keivl'i A. Hess JUDGE Service Type M Form OE-504 Worker ID 21005 .Ii' "'<""""'.-'_"',,,'<,,:_:.,::;;,;.;.lm>f,,\'dltk~$iilOi'J~~'li;~~-"""""'--~-~'-'- . . . , - . . <.. ,,(;" ~ i,i1,J,""~'~d,~ .' ;r.' ,'n,',,' . I ,~~~,.._",,,,,,,<c~","',~.' '0"""",",'" ,ht~ ,', ." 0'. ,"c',,',, ',~. ".~""'_" ".' -,."_.__1,~,,,'" ,",,, ~" _ -s' "",~,'.~., e,~'. ,~" ,".~".>~ ,'r, _,~ r~~',^, .'~ _~." ,_ _ ~ ~, ..." .~ , ~ i !:.o.. ~. 110 CO ;:, w " ut '..J::" ".'~ ~,.' ~ ~:::D ::j?,fn (j~ ~:!i ~~ ~ i , , : )~ ,,..I ,,,.J...-l/' - ,- n_ I'~ _ ~~ " ,~ ~ L-' ~~"': .~ .. FREDERICK L. CORNMAN, Plaintiff, v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : 01-7233 CIVIL TERM DIANNA K. CORNMAN, Defendant. : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE To Curtis R. Long, Prothonotary: Please withdraw the appearance of Jason Kutulakis, Esquire on behalf of the Plaintiff, Frederick 1. Cornman, in the above captioned case. Respectfully Submitted, Dated: 4 J}o ~ ,2004 J aso Kntulakis, Esquire Supr me Court J.D. No. 36 South Hanover Street 'Carlisle, Pennsylvania 17013 (717) 249-0900 PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Frederick L. Cornman, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT Date: ~ ,2004 Douglas . Miller, Esquire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 . ~~'~'--CI-:"~1 , CERTIFICATE OF SERVICE I the undersigned hereby certify that on this 5th day of May, 2004, a copy of the foregoing document was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Jerry Weigle, Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg,PA 17257-1397 IRWIN & McKNIGHT ~OfA U ji1iL raci D. Smith, Secretary to Douglas G. Miller, Esquire ~11l\il~~ "w,- m -.'',<-- 'tJ" t lIllO, u~um A -<'lliIii\lilf;;'di"&1f_a~~ml!}l /,~' \'J~0 ",~, ,'" "",'",",,"',,,,",,' _, ,',"", k",'''''' "'.S-~,"I,",,,,., ;','" ,'-"':,'~ ~. ,,- ~,~ "C", .~""_\. ~,. ~ _ ~.._'" __'-"~'" - o c ~9,~ ;;?'r- Ul./: ;:::;; . ~~ ~2 2: ~ "I, _, ~ ,= _ " ',' ."_~ ","_ ~. . < ...., = = .c- ::m: > -< o "1', -l :Cj~ rn~ -om :DC( 00 =?""1~; ~~~ (~I t i;! ..v ~~ I CJl "'t;l ::.t..:: w (--:) o "-,~ .,. ,= ~.,~ .", .