The URL can be used to link to this page

Home My WebLink About99-01896 (2) J 'j j ,.i ,'~ ,,-" ",:to:-- -:c. ... .. ->>.-:w "*" .. '...'-...~ ....-....:c- -:c-' oX- ... ':C-' o3t) ... (Co')(~<C<;"~:>:c-:;-<<<,<:o:.>' -:+>.'o3IC<:,*,~ ~ . ~-~ - l~ ?- ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ $ OF CUMBERLAND COUNTY $ Q ~ ; STATE OF .. PENNA. l ~ $ ,', ~ SCOTT C. PENWELL s N (). H~,~,7..1,~,~.E?'Hq.Yf'~H'HH 19 ~ ~.' 'I :1 '"' ~. VCl'SllS NADINE Y. PENWELL " ;i , , . , ' . . . . . . . , , , I II il $ ~ '.~ w '.' .j", ~ v ~ :.' ~ ,', ~ ./ ~ ,; ~ ,'. *- ~.~ ~ .. (: W ~.' ~ ~.~ ~ ~~ ~ ~'; ~ r-: ~ " ~ w t.; ~ .'. ;.~ ~ ~ ~.~ ~ ,', 8 ~ ~ ~ ~ :;( - ~.~.~~--~~--~--------- DECREE IN DIVORCE AND NOW, . . . ,. ,... t~'7'.ery", ,~.~... ., t9,~" it is ordered and Scott C. Penwell . , decreed that ',...,.,.".,"'"....,...,.""",."",.",...., plaintiff, Nadine Y. Penwell ond ',.,.,.",.."....,..,..""...."""", , , , . , , , , , , , , . , , " 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 hos not yet been entered; Alimony, Alimony Pendente Lite, Equitable Distribution, Counsel Fees and Costs, ........ ...................................... ...... ,. .................... . .................... ... ... ...... ......................... c:urlL "H,dHHUH H~ ........ J. H Prothonotary ~~-_.~~..,~--_..~. j ~ ..:+:..:+:.' .:+:. ':0:' :.:.:. .:.;. .:+;. .:.;. .:.:- .:.:.. i '.' . .'~ . ~ ,', ~ ~ " :; ~ a f ~ ~ ~.~ a .>. " ~ ;.~ ~ $ ;.", ., ~ n *- '.~ f; ~ ::; ~ ?: ~ ~.~ ~ ? *- ~" ~ ~.~ ~ '< ~ '.~ ~ ~ '.~ ~ ... * ... ~ ~ ~ )1\Wp\l'LMUlNO\9fn....cli-dI~....pd \fI'''' v. ; NO. Y1' /&9& , ~ SCOTT C, PENWELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA NADINE Y. PENWELL, Defendant : CIVIL ACTION - LA W : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You arc 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 Plainti ff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, 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 THIS PAPER TO YOUR LA WYER 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. r .....1 I . . uater Cumberland County Cetl.t1.ot!se &v-- }.'5'5cc-ccJ-(gy\ i (', I II -- ::J'1~~'~' Futllth rI6/lr / ,f , J Carlisle,Pa 17013 c1 w J--er{ '-I lfUr... (717) 21" '~M ( c:L ~tf- j ( ~? .... . . .- '" II \w,.ruAD~"1 an. ""'1110,19'1'1 SCOTT C. PENWELL, Plainti IT IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certifY that a true and correct copy of the Complaint in Divorce was served upon the Defendant by certified mail, return receipt requested, on the 7'h day of April, 1999. The original signed return receipt, number P 397 74 I 177, is attached hereto and made a part hereof. Maria P. Cognetti, E Sup, Ct.I.D. #27914 200 North Third Street Twelfth Floor P.O, Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 MttUJA, Sworn to and subs~Iibed before m" this fir.!.... day of fl/JA..I. ,J- ,1999. , NotarfaJ Seel Karen A, Sheriff, Nolary Public Herrlsburg, Dauphin County My Commission Explres March g, 2002 Member, PennsylVania AssociatIon 01 NOfDrios >- ,.., '- n;; 0 (-; ~- ,-. ..,. N :-)~ u,r) ()"'7 ()" : ~ ,. . -(, 0: .~ u.... l":;J c.:; i.: ._>- , l, "', '(f) c,r- . 'l:;'~ L"(i:- ""Z __IV c:: :"jll} U:'i (t. '.,~!(J,.. {'.- "'" .' IL (TI =j CJ en 0 : '-/. '-- ~ tf~ >- ,.... '- c.; c to. ~': I.'~ .,' ,,( u,r'.-' '.,' , I ~ >: 1::':" '.,... ~ C-. ,- " ::<; (') ,:(,; ti:i: ' . . '.'. i;'l (.,.I: 1 r: ;..< - L~. ~.~~ f" ~ ." lL m ~:J l.' C1\ U I ~ ( I 'oC1....11If....,..,.....n.M....'1A1IIIIIlMol UtWUtt "-....-..1 11)'11100 r. f: ~ MARIA p, COGNETII & ASSOCIATES MARIA P. COGNETII, ESQUIRE Attorney I.D, No. 27914 210 Grandview Avenue, Suile ]02 Camp Hill, PA 17011 Telephone No. (717) 909-4060 I v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-1896 CIVIL TERM Attornevs for Plaintiff SCOTT C, PENWELL, Plaintiff NADINE y, PENWELL, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You arc 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, When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, 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 THIS PAPER TO YOUR LA WYER 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, Fourth Floor Carlisle, Pa 17013 (717) 240-6200 i j I \ 1 MARIA P. COGNETfI & ASSOCIATES MARIA P. COGNETfI, ESQUIRE Allomey J.D. No. 27914 210 Grnndview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Allomevs for Plaintiff SCOTT C, PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 99-1896 CIVIL TERM v. NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE I. Plaintiff is SCOTT C. PENWELL, whose current mailing address is 305 North Front Street, Fifth Floor, Dauphin County, Pennsylvania. 2. Defendant is NADINE y, PENWELL, who has resided at 904 Walnut Street, Wormleysburg, Cumberland County, Pennsylvania, since 1988, 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six ~6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 10,1974 in Mt. Joy, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces, 7. The Plaintiff and Defendant are both citizens of the United States, 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by lhc Court. COUNT I - DIVORCE 9, The Plaintiff avers that the grounds on which the action is based are as follows: t (a) That the marriage is irretrievably broken; and (b) That Plaintiff and Defendant have been living separate and apart for a period in excess of two (2) years. WHEREFORE, Plaintiff requests the Court enter a decree in divorce, Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: October II, 2000 By: J 210 Grandview Avenue, Suite 102 Camp Hill,PA I7011 Telephone No, (717) 909-4060 Attorney for Plaintiff >1 !.f. (f) , b '.I Co -0 "'I .. 0 u ',' (f) " b 0 8 .) ~~ >- co ~ ~ -" z ,-- c.:: =>;5; U_Jr-! ":J .- , -~ ~:-: 0.: (.J5e i.J... "71;:i ", C>;'. :'~~;0 .J.' 1--' "" lL' "2 >- 'tJ!.L.l U ,un.. CO ~ -, " 0 ::.> CI c:> (,) - ',. . ' Sender: -RE: PENWELl, V, PENWELL MARIA P. COGNETTI, ESQUIRE MARIA P. COGNETII & ASSOCIATES 210GRANOVIEW AVENUE,STE 102 CAMP IIILL. PA 17011 , 7, Dale 01 Delivery :;~. T 'J ~(!!'.: 4a. Article Number : P 902 067190 2. 0 RESTRICTED DELIVERY 4b. Service Typo CERTIFIED 5. Re I ad By: 6. Signature: (QAddresse8 or DAgont) X '. 11111111111111111111111111111111111111111111111111111111111111111111111111111111 P902067 190 , 8. Addrossee's Address IlIdi~lrwn_uu>>dbY_1 3. Artlc!oAddressed 10: 'ii~;Y"Addi;;u'niilieTAiii"Tf.oo;"'ipi..s.'p;'(,jj",.j.;;ii,j RONALD M. KATZMAN, ESQUIRE GOLDBERG, KATZMAN & SHIPMAN 320 MARKET STREET 1',0, ROX 1266 IIAIlIlISBURG I'A 17/08,1266 .ii.i;;.iy..iiiici;iiii................................................-.......... .::;iiy..................................... .siiii............zjp..;....COd. . PS f~rm 3811, December 1994 '-'USA 4199 CMF.oS8 DOMESTIC RETURN RECEIPT 4. Petitioner filed a Complaint in Divorce on or about March 31. 1999, Said Complaint requested a divorce based upon irrelrievable breakdown under Section 3301(c) of the Divorce Code. S, Petitioner filed an Amended Complaint in Divorce simultaneously with the filing of this Petition. Said Amended Complaint rcquestcd a divorce based upon irretrievable breakdown under Section 3301(d) of the Divorce Code, 6. The parties have been unable to settle various property issues which are still outstanding, 6. The parties have been separated in excess of two years and Petitioner no longer wishes to be married to Respondent. 7. Petitioner has suffered and is suffering due to his inability to restructure his own personal life, 8. Neither of the party's property rights would be cffected in any way by a bifurcation of the divorce from the pending economic issues, 9. Petitioner believes and therefore avers that the advantages of bifurcation of this action are substantially greater than the disadvantages for the following reasons: a. A speedy resolution of the divorce issue would allow the parties to restructure their personal lives. b, Bifurcation will further the policy behind Pennsylvania's Divorce Code in making the legal dissolution of marriage effective for dealing with the realitics of the matrimonial experience by taking into primary VF.RIFICA TION I, SCOTf C, PENWELL, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements made herein arc made subject to the penalties of 18 Pa, C.S,A *4904 relating to unsworn verification to authorities, Dated: !OjlDIDO ~ cfo~~ SCOTf C. PENWELL MARIA P. COGNETTI & ASSOCIATES Moria P. Cognetti, Esquire Attorney 1.0. No. 27914 210 Grandview Avenue Suile 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attornevs for Plainliff/Pelitioner SCOTT C. PENWELL, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA V. No, 99-1896 CIVIL NADINE Y. PENWELL, DefendantIRespondent CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, to wit, this day of , 2000, upon consideration of the foregoing Petition for Bifurcation, it is hereby ORDERED AND DECREED that a hearing is scheduled for the day of , 2000, at 0' clock _.m, in Courtroom Number of the Cumberland County Courthouse, Carlisle, Pennsylvania, BY THE COURT: ], '....-..-..._......_.._~,_. {, , , ,- :.5 , -- 0 .;) C) , . . . ;\1Al{I/, P. COU>:ETTJ P.. A~;~:i( }(~IATE~; AU()1'lIe)'.\' and COUIISt'!IJ1"S af 1.1111' 210 Grand\'i~\\' AV.CIIlW, Suite 102 Comp Hill, P^ 17011 (717).909,4069 Fox (717) 909-4068 nt'T r ;; 7nm>, 'UC:f~ GOWBERG, KA1ZMAN . SIlIPMAN, P.C. Tho.... J. Wobe1, Eaqulro. J.D. #58853 ^Honwys for Def.ndants 320 Morkat Stroot p, O. !lox 1268 Ha....burg. PA 17108-\268 (717)234-4\6\ SCOlT C. PENWELL. PlalntlfflPetltioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY, PENNSYLVANIA NO. 99-1896 CIVIL v. NADINE Y. PENWELL. Defendant/Respondent CML ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: Marie P. Cognetti, Esquire Marla p, Cognettl & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 You are hereby notified to plead to Defendant's Answer with New Matter to Petition for Bifurcation within twenty (20) days from service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C, By: /I f.2 // I- I :.;y..f/ J~,S-t~' ....- Ronald M. Katznian, Esq ire Atty. !.D. #07823 ' 320 Market Street, P. 0, Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorneys for Defendant Date: October 30, 2000 54056.1 6. It Is admitted that Petitioner leFt the marital residence In September, 1998. 7. Denied. Ills specifically denied that Petitioner has suFfered or Is suffering In any way or that he has been unable to restructure his own personal life as a result of the pending divorce. Proof of how Petitioner has suffered or Is suffering or how he has been unable to restructure his personal life Is hereby demanded. 8. Denied. Contrary to Petitioner's assertion, the property rights of the Respondent will be adversely affected by a bifurcation of the divorce from the pending economic Issues. 9. Denied. It Is specifically denied that the advantages, If any, of biFurcation at this time are substantially, or to any extent, greater than the disadvantages. To the contrary, the disadvantages to Respondent outweigh any perceived advantages of a bifurcation. a. Denied. It is specifically denied that a speedy resolution of the divorce Issue would allow the parties to restructure their personal lives and proof of Petitioner's assertion is hereby demanded. b. Denied. It Is specifically denied that bifurcation of this matter will further the policy behind the Pennsylvania Divorce Code to any extent. c, Denied. It is specifically denied that either party's personal life is being held hostage to economic demands. d. Denied. It is specifically denied that bifurcation of the divorce action will not prejudice, diminish or impair Respondent's economic claims under the Divorce 2 Code, To the contrary, blfurcallon will substantially and unalterably prejudice, diminish and Impair Respondent's economic claims. NEW MATTER 10. Defendant/Respondent believes that If a bifurcation Is granted, Petitioner will continue to delay and obstruct an equitable resolution of the pending economic Issues based upon his past acllons, Including the failure to respond to requests for economic Information In a timely manner. The Issuance of a bifurcated decree In divorce will perpetuate Respondent's dilatoriness In addressing the economic Issues. 11. Informal discovery has been ongolngforseveral months. Petitioner has notfully responded to requests for Information, and therefore, formal discovery will have to be undertaken. 12. Defendant/Respondent may be disadvantaged by il bifurcation for the following reasons: A. In the event of Plaintiff/Petitioner's death, Defendant/Respondent may be precluded from the enjoyment of benefits under the Probate, Estate and Fiduciary Code; B. There may be a negative effect on Defendant/Respondent's right to receive the proceeds of life Insurance policies; C. Any pension benefits to which Defendant/Respondent would be entitled may be terminated or adversely affected; and 3 ~~ ">- <1> >- n; ..:J '7 ., lp,: r. ?,< ,.'., ~~~.~ ::j "- 8~ .. " {~ ()::J ,~~ +>- ..i:jl,1) , , C"O _f:Z t- :lIu..J c...; 00- C. ~ .,. I!. (7) :-.) I":> t.7) (.) ,~' ;:~ 00lDBr.R0. t<AlVW't Ii altlPMN't, P.c. RcnIId "'" I'l.M.vNr\ EAq~. S~.. Cout ID ,D712J J20~Mtsu..c. P.O, I1c.-. 1261 twnet.ug. PA 111 Q8.12U -'''''''- \ " (~ !f' , SCOTI C. PENWELL. PllllntifflPetltioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNn'. PENNSYLVANIA NO. 99-1896 CML CMLACTION - LAW IN DIVORCE 'I .~ v. NADINE Y. PENWELl, Defendllnt/Respondent ANSWER AND COUNTERCLAIM 1. Admitted. ") Admitted, ~. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. COUNT I - DIVORCE 9. (a) Admitted. (b) Admitted. WHEREFORE. Plaintiff requests that the Court refrain from entering a decree In divorce. WHEREFORE, Defend/lnt respectfully requests the Court to enter /In /lw/lrd of spous/ll support /lnd/or /llImony pendente lite untll fln/ll he/lrlng lInd thereupon to enter /In order of /llImony l In her f/lvor pursu/lnt to Sections 3701 (II) /lnd 3702 of the Divorce Code, /IS /lmended. COUNT III REQUEST FOR COUNSEL FEES. COSTS AND EXPENSES UNDER SECTIONS 3104(/1)(1), 3323Cb) AND 3702 OFTHE DIVORCE CODE 16. Paragr/lphs 1 through 15 of this Answer and Counterclaim are Incorporated herein by reference thereto. 17. Defendant has employed Goldberg, Katzman & Shipman, P.C. and Ronald M. Katzman, Esquire, to represent her in this matrimonial cause. 18. Defendant is unable to pay her reasonable counsel fees, costs and expenses and Plaintiff is more than able to pay them. Plaintiff is employed as an attomey and has the ability to pay Defendant's counsel fees, costs and expenses in full, 19, Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, afterflnal hearing, the Court order Plaintiff to pay her reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104(a)(1), 3323(b) and 3702 of the Divorce Code, as amended, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses, 3 qI~ >- co f;; c,' ~ .;: =>:3: h [~ lJJ.";. (~~7 c.., ~ ;, "- '~4...,.. ~ 1+:)": c.. G.:...J (~);- . >- ,'-'V) L, , c'> '1;;:: "' 0, ,........... ," , >- i"'LU i.... LJ irJa.. ~o C;; :::: IL e> ::::l 0 c> (J I MARIA p, COGNETII & ASSOCIATES MARIA P. COGNETII, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attornevs for Plaintiff SCOTT C, PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V, No. 99-1896 CIVIL NADINE Y. PENWELL. Defendant CIVIL ACTION - LA W IN DIVORCE MOTION FOR HEARING AND NOW, comes Plaintiff, Scott C. Penwell, by and through his attorney. Maria P. Cognetti, Esquire and files this Motion for Hearing and in support thereof, avers as follows: I. Plaintiff is Scott C, Penwell, whose current mailing address is 305 North Front Street, Fifth Floor, Harrisburg, Dauphin County, Pennsylvania, 17101. 2, Defendant is Nadine Y. Penwell, who currently resides at 904 Walnut Street, Wonnleysburg, Cumberland County, Pennsylvania. 3, The parties were married on August 10, 1974 in Mount Joy, Pennsylvania and separated on or about September 14, 1998. 4, On or about March 31,1999, Plaintiff filed a Complaint in Divorce. 5, On or about October 13, 2000, Plaintiff filed an Amended Complaint in Divorce. 6, On or about October 13,2000, Plaintiff filed a Petition for Bifurcation, 7, On October 17,2000, the Court entered a Rule upon the Defendant directing the VERIFICATION I, SCOTI C. PENWELL. hereby verify and state that the facts set forth in the foregoing document arc true and correct to the best of my information, knowledge and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa, C.S,A, ~4904 relating to unsworn verification to authorities. ~~J SCOTI C. PENWELL DATE: /1, /(P,OO , ' CERTIFICATE OF SERVICE I, Maria p, Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Motion for Hearing by depositing a true and exaet copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Ronald M. Katzman, Esquire GOLDBERG, KATZMAN & SHIPMAN 320 Market Street P,O, Box 1266 Harrisburg, P A 17 I 08- I 266 MARIA p, COGNETTI & ASSOCIATES Date: November 17,2000 I i I I , , By: MARIA ,CO TTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, P A 170 I I Telephone No. (717) 909-4060 Attorney for Plaintiff '... - '-:1 <..., ..I ~ > c::> z: <::l = ,,) MARIA p, COGNEyn & ASSOCIATES A/tome)'.\" and CorOl.w:lors (II Law 210 Grandvicw Avenue, Suite 102 Camp Hill, PA 170 II (717) 909,4060 fax (7 J 7) 909.4068 NUv z 1 LO~ Answers and Counterclaim thereto arc incorporated herein by reference thereto, 13. Denied. It is specifically denied that Defendant is unable to sustain herself during the course of this liligation. 14, Denied. It is specifically denied that Defendant lucks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15, This avennent is more properly a prayer for relief and therefore no answer is required thereto, WHEREFORE, Plaintiff requests this Honorable Court deny Defendant's request for spousal support, alimony pendente lite, and alimony, COUNT III - REOUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104 (a)(1), 3323 (b) AND 3702 OF THE DIVORCE CODE 16, Paragraphs 1 through 15 of Plaintiffs Complaint in Divorce and Defendant's Answers and Counterclaim thereto are incorporated herein by reference thereto. 17, Admitted. 18, Denied. It is specifically denied that Defendant is unable to pay her reasonable counsel fees, costs, and expenses and Plaintiff is more than able to pay them, While it is admitted that Plaintiffis employed as an attorney, it is specifically denied that he has the ability to pay Defendant's counsel fees, costs and expenses in full, 19, This avennent is more properly a prayer for relief and therefore no answer is required thereto. WHEREFORE, Plaintiff requests this Honorable Court deny Defendant's request for counsel fees, costs and expenses, qi~ ,:(: ~" /11 (~G ("I"f'" I 'ij :1: ',5 C'~'.. C".' .( '. r., ....;\.rl' i ;L!\'i' \':J ':L'.~ ',: ~l\ - COMMONWEALTII OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: SCOITC.PENWELL. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PlllintilT v, NADINE y, PENWELl.. NO. 99,1896 Defendant MOTION FOR API'OINTMENT OF MASTER AND NOW, .l:i2fl. :i' ,2000, comes the undersigned attorney for the plaintiff and certilies 10 Ihe Court thllt the above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment ofa Master, The following motters are at issue between the plainliff and the defendant: (X ) Grounds for divorce; (X) Alimony Pendente lite, ( ) Support; Counsel fees; (X ) Alimony; ( ) Patemiry; (X ) Equitable distribution of ( ) Custody; property; ( ) Other Service of the complaint was made on the above named defendant on April?, 1999 by certilied mail. An appearance on behalf of the defendant has been entered by Ronald M. Katzman. Esquire. The following attomeys have been interested in other matters arising between the plaintiff and defendant: None Contest has been indicated. J(~ MARIA 1'. C NEITI, SUIRE Attomey for Plaintiff AND NOW, ,1~/.(It.f7//UA, I;;L ,2000, e 6/cv<--r-- [46;{,,, . Esq., is hereby appointed Master in this proceeding to hear the testimony and return Ihe record and a transcript to the Court together with report and recommendation. BY THE COURT: ,p. j, fl ~ 00 !- (/r I?-' I~~~ ~o t~ .~.' :~l 00 fl':"(' t ~ l,ii Ii: ?t, C..",' , '. : 1.,'~.(J.fi( i"L.j\~;\\."(~.'.,/ ;T.-\ - ~ t'i f.....,I...'n"..".........It."'l'ff...'..Il\.."ro.l.I~"'f,..lI,flJl'..'.......r-I ''*''''''t'l'.ll WHEREAS, Wife's Answer raised claims for equitable distrihution, alimony,lIlimllny pcndclllc Ii/c, attorneys fees lInd costs; lInd WHEREAS, both Pllrties acknowledge that the marriage is irretrievllbly broken and desire the entry of u bifurcuted Divorce Decree, NOW, THEREFORE, intending to be legully bound hereby, the parties hereto stipulate and agree as follows: I, The parties hereby agree to promptly request that a bifurcated divorce decree be entered by this Honorable Court and that the Court retain jurisdiction over any and all economic claims which have been raised in this action and for which a final order has not yet been entered, 2, The parties agree that all economic issues between them shall survive the Divorce Decree. The economic rights of the parties shall not be impaired or diminished by the death of either party, 3. The parties agree that until final economic resolution, neither party shall alienate, assign, conceal, convey, dissipate, encumber, hypothecate, pledge, secret, transfer or otherwise dispose of any marital property without prior notice to and written approval of the other party, which approval shall not be unreasonably withheld. However, Plaintiff may conduct stock transactions relating to Eastern Holding Company, without the prior approval of Defendant, so long as he gives prompt notification to Defendant prior to any such action, -2- 1(.k""rlo'''....\f'...,,,U\rlf.,t.....\''I'''I.......r...n,r....a1..'''..pd I of.'",,~ , 1'M)1 4. Each party hereby waives. on behalf of his or her estllte, the provisions of the Dead Man's Statute in the event of his or her death prior to final resolution of all economic claims raised in the divorce action, 5. All marital property of the parties shall be held in custodia legis after entry of the Divorce Decree, including any and all rights which Wife may have ander the Retirement Equity Act of 1984, Husband shall take whatever steps arc necessary to preserve Wife's right in any retirement interests. such as pensions, profit sharing plans or other similar assets that may exist. This would include maintaining Wife as a surviving spouse entitled to death benefits upon Husband's death even though the parties are divorced, until such time as all economic issues are resolved. 6, In the event of either party's death prior to the resolation of the economic claims, the action for divorce shall continue as ifboth parties were living, The Executor/Administrator of the estate of the deceased spouse shall act on behalf of the estate in the divorce action until its conclusion, 7. The Order for spousal support docketed to no, 969 S 2000, P ASCES No. 960102812, shall become an Order for alimony pendente lite upon the entry of a final Decree in Divorce and shall remain in effect until further Order of Court or agreement between the parties. 8, Until further Order of Court or agreement of the parties and so long as it is available to her at no cost, Wife shall provide post,divorce medical coverage for Husband under ,3, .' .,t,}_I........'.,."'_II.\,...W'lIjj.\h,..J..IOIIl''''.M'''',..IO.....'''' " a health care insumnce policy which provides, at a minimum. henefits which arc com para hIe to those availahle to II spouse under Wile's existing health insurance, 9. J lushand shall continue to maintain Wife as beneficiary on the State "ann Life Insumnce Company policy which insures his life for $750,OOO.lInd shall provide Wife with verification of his compliance with the terms of this provision, 10. The Court shall retain jurisdiction to enforce the provisions of this Bifurcation Stipulation. I J, The parties further agree that this Bifurcation Stipulation shall be entered as an Order of Court and as such the Bifurcation Stipulation shall have the full and same force and effect as if the malter had been tried and decided. 12. This Bifurcation Stipulation and Order of Court shall continue in full force and effect until further Order of Court or amended agreement in writing belween the parties, 13. The parties hereby waive their rights to present this agreement in open Court or to have their case heard by the Court at this time. < ~cf~ SCOTT C, PENWELL ~A-~~_ WITNESS U' '-I NADINE Y. PE /.-(:~J ,4, ht'_~'.:~)l _. 0;,_<.. ...~......_.~~._ ~ .,., d_~'~'" . l .. ~ OOlJlBWW, KATZMAN & SIIII'MAN, \',C l<olUlhl M. KUl.lJIIIU1, EMluirc Supreme Court 10 #07823 320 MUI~et SlrL'CI. \',0, Box 1268 lIurri,burg,I'A 17Wg.1268 AttDnle}'3/0f'VtfflJcla'" SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION OF DEFENDANT, NADINE Y. PENWELL, FOR SANCTIONS AND NOW, comes Defendant, Nadine Y. Penwell, by and through her counsel, Goldberg, Katzman & Shipman, P.C" who files this Motion for Sanctions by respectfully stating the following: I, This Motion is related to the issue of equitable distribution. 2. On November 30, 2000, Defendant Nadine Y. Penwell ("Mrs, Penwell") served a Request for Production of Documents upon the Plaintiff, Scott C. Penwell ("Mr. Penwell"), by mailing the same to his counsel. A copy of the transmittal letter for this Request for Production of Documents is attached hereto as Exhibit "A". A copy of the Request for Production of Documents is attached hereto as Exhibit "B". 3. Pa.R.Civ.P. 4009,12 provides, illlel' alia, as follows: a. The party upon whom the request is served shall within thirty (30) days after the service of the request: . ~ ,to, i, serve an answer including objections 10 each numbered paragraph in the request, and ii. produce or make available to the party submilting the request those documents and things described in the request to which there is no objection. 4. Responses to this Request for Production of Do cum en Is were due on January 2, 200 I. 5. Under date of January 2,200 I, counsel for Mr. Penwell sem counsel for Mrs. Penwell a letter stating that an additional thirty (30) days was needed 10 respond. A copy of said letter is attached hereto and marked Exhibit "C", 6. That additional thirty (30) days expired more than one month ago, and still Mr, Penwell has not provided even one document in response to the discovery requests, nor has he made any objection to any of the items requested. 7. The Request for Production of Documents requested production of documenls relating to the valuation of various assets held by Mr, Penwell which require expert valuation analysis and opinions. 8, In late January, 2001, Mr. Penwell informed Mrs. Penwell that he had not even started to assemble any of lhe documents in response to the Request for Production of Documents. 9. Pa,R.Civ.P. 40 19(a)( 1 )(viii) states, "[t]hecourt may, on motion, make an appropriate order if. , . a party or person otherwise fails to make discovery or to obey an order of court respecting discovery." 10. Rule 40 1 9(c)(2) states, "[t]he court, when acting under subdivision (a) of this rule, may make . . . an order refusing to allow the disobedient party to support or oppose designated 2 JZO MARICIT liT. STRAWBERRY SOU ARE P.O. Box lZ68 . "ARRU'URO, PJ"'''lSYLVA~IA 11108.IZ68 ',. ...) 717.ZH.~lbl. 717.ZJ4.6808 (FA~ GOLDBERG, KATZMAN 6e SHIPMAN, P.C. November 3D, 2000 OF COUNSEL F. LEE SHIPMAN JOSHUA D. LOCK Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 ARTHUR L. GOLDBERG (19SI-ZOOO) HARRY B. GOLDBERG (1961-1998) Re: Penwell (Your File No. 00-103) Dear Maria: RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. 1A' COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANGaKUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JBRRY J. Russo MICHAEL J. CROCENZ( THOMAS }. WEBER ARNOLD B. KOGAN ROYCE L. MORRIS EVAN 1. KLINE, 1II JOHN DELoRENZO STBVEN E. GRUBB JOHN R. NINOSKY DAVID M. STECKEL Since [ have not heard anything from you concerning the furnishing of information for valuation purposes, I have prepared and herewith serve upon you our Request for Production of Documents. With respect to the bifurcated divorce issue, you had indicated at our conference that you would be sending to me a draft of an agreement that you felt would protect Mrs. Penwell and thereby encourage her consent to that being granted. We are still awaiting the same and trust you will send it to me forthwith so that we can consider whether the hearing scheduled for late December could be avoided. Very truly yours, ""~ K.luru." RMK:gkd cc: Nadine Penwell 55399.1 CARLISLE OFFICE: 717.245.0597 . YORK OFFICE: 717.B43.7912 Exhibit B .r"'~D0 ~ 0\.' GOLDBERG, AATZfoW't Ii SHIPWoN, P.C. Ronald M. !<oll"",n, Esqulro Supremo Court 10 107623 J20""'rkoIStroo~P.O.Box 1268 Harrisburg, PA 17106-1268 Attorneys lor o.lendent,lRospondont SCOTI' C. pENWELL. PlaintifflPetitloner IN THE COURT OF COMMON PlEAS CUMBERU\NDCOUN1Y. PENNSYLVANIA NO. 99-1896 CML v. NADINE Y. PENWELL. Defendant/Respondent CML ACf\ON - LAW IN DIVORCE ~,' DEFENDANTS REQUEST FOR PRODUCf\ON OF DOCUMENTS TO: Scott C. Penwell, Plaintiff, and Maria Cognetti, Esquire, Attorney for Plaintiff Pursuant to Pa. R.C.P. 1930.5(b) and 4009.1 et seCl., please produce the following documents within thirty (30) days of the date of service by providing copies thereof to counsel for Defendant or by making the originals available for a reasonable period of time for copying by counsel: ,,"'- ~.': -, ro'. '..,L;~~l~;;;;~,{t\ ,,'::::./-:,'i/.:('._"'" Income tax returns, K-1 forms, and all attachments and schedulesforthe\gi'/< , ',~'>~':'~;';-;:":;'/ 1. following entities as specified. .' ~ ';i" a. Duane, Morris & Heckscher, LLP (for the years 1995 through>~,,' inciusive)..);r: b. Educators Alliance of Lancaster, Pennsylvania (for the yea~~.'J 1999, inclusive, or for the life of the company).'" u. Ust of major customers or clients. v. Copies of sales forecasts. w. Ust of the company's busIness lines. x. Ust of the product and service lines. y. Ust of the markets In whIch the business operates. z. Ust of sales by market for the most recent three years. aa. Copies of wrItten sales policIes. bb. Copies of operations and/or production manuals. cc. CopIes of product guarantees or warranties. dd. Ust of suppliers of the cornpany. ee. LIst of all major competitors. ff. Identify trademarks, copyrIghts, service marks, etc. gg. CopIes of licenses and certificates issued by regulatory agencies. hh. CopIes of prior offers to purchase the business. ii. Agreements affecting the transfer of stock or partnershIp interests. 11. CopIes of documents describing all pending lawsuits. kk. inventory schedules. II. Schedule of marketable securities. mm. Accounts receivable schedule, with aging. nn. Notes receivable schedule, with aging. 4 00. Axed asset schedule with descriptions, dates acquired, and costs. pp. Accounts payable schedule. qq. Notes payable schedule. rr. Uabilitles schedule. ss. Copies of all prior asset appraisals. tt Year-end adjusting journal entries. uu. Financial budgets, if any. w. Projected financial statements, if any. ww. Copies of all IRS audit reports. xx. Copies of bank statements and canceled checks for the last two years. yy. Copy of employee handbooks. zz. Personnel list with job titles. aaa. Key management job descriptions. bbb. Ust of key managers with background Information. ecc. Copies of profit sharing or pension plan documents. ddd. Expense reimbursement policies. eee. Copies of employee fringe benefit plans. fff. Copies of executive compensation plans. ggg. Schedule of life insurance policies on key personnel. hhh. All documents with respect to admissions of new partners or shareholders and repurchase of departing partners' and shareholders' interests for the last five years. 5 . . . \" '. , CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of Defendant's Request for Production of Documents upon the person(s) and In the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P.c. By: g-^,,);J)j(!._U~ Ronald M. Katzman, Esquii'~; Attomey J.D. #07198 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attomeys for Defendant Dated: November 30, 2000 '- " - Exhibit c . .:....,,0 _. . - '- , - ,. . :,i ;+. i~ CERTIFICATE OF SERVIC.; .'t }" " ~~ '" r I hereby certify that I am this date serving a copy of the foregoing documenl upon the ,y" person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civill'rocedure, by depositing a copy of same in Ihe United Slates Mail, Harrisburg, Pennsylvania, with lirst-c1ass postage, prepaid, as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~~~ Romild M. Katzman, Esqu . Attorney I.D. #07198 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Dated: March 6, 2001 >- el) ... a; <.: ~ :'~: L1I() ('1 :::>.:t; ( J~. x: 8-" f: ~ ~ ,-~ ;;: (.:;.:) o. (.)> .C;! f::: r- :;'L) ,- I . I.~ 4 LI C.: {;";.." 1.!IU ;.: ....: ~_! a.. ;::; .0 LCo :-:> u 0 u '-- . . f~ '- -, - r MARIA p, COGNEITI & ASSOCIATES MARIA P. COGNEITI, ESQUIRE Allorncy I.D. No. 27914 210 Grandview Avenue, Suile 102 Carnpllill,PA 17011 Telephone No. (717) 909-4060 Allorneys for Plaintiff SCOIT C. PENWELL, Plainliff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION. LAW IN DIVORCE ORDER OF COURT AND NOW, this /171Jday of 4'()UlJ/ht-\ , 2001 upon consideration of the attached Petition to Reduce Alimony, it is hereby ORDERED AND DECREED that a hearing be held on the 7fli day of (}I'MJ1W/I- ,2001, atl: Xl o'c1ock-,z..m., in Courtroom No. If of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. , MARIA P. COGNEITI & ASSOCIATES MARIA P. COGNEITI, ESQUIRE Altomey 1.0. No. 27914 210 Umndview Avenue. Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Altom.ys for Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 99-1896 CIVIL SCOIT C. PENWELL, Plaintiff NADINE Y. PENWELL, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION TO REDUCE ALIMONY AND NOW, comes Plainliff, Scoll C. Penwell, by and Ihrough his attorney, Maria P. Cognelli, Esquire and files this Pelition to Reduce Alimony and in support thereof avers as I. Plaintiff is SCOIT C. PENWELL, whose current mailing address is 1114 follows: Tunbridge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is NADINE Y. PENWELL, who has resided at 904 Walnut Street, Wormleysburg, Cumberland County, Pennsylvania, since 1988. 3. Plaintiff and Defendant were married on August 10, 1974, and were divorced on February 22, 2001. 4. The parties enlered into a comprehensive Property Scttlement Agreement on July 11,2001. See Exhibit "A" allached hereto and made a part hereof. 5. Paragraph 24 of the said Agreement states: ~ ~~~ scan c. PENWELL VEIUFICATION I, SCOTI C. PENWELL, hereby verify and stale that the facts sel forth in the foregoing document are true and correct to the best of my infonnalion, knowledge and belief. I understand that false stalements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verificalion to aUlhorities. DATE: Ya?/~I -. '_'1 .- , .. \r) I a... -. ..., en 0 -,j . . f\lAIUA P. COGNln-n 8~o: A~I[)OCJA'J'E5 A ffO/"lleYs lIlld COUI/I'e!o/'s at Law 210 (irardvil.:w A \'t'1l111~, Suil<,: 102 (::llllp lIill. PA 1701 r (717) 1)(Jt)..lf)!l11 LL\ (7/7) 9WI-.106S .;; i bY ~ '>- ~r; c:: l" , t~~ .;,-01 ) : J "~. . , :J ':::l - i;;~ c.;: I :....; co-: <- I u: : - :=s , .- , c:> U -- . , .. SCOTI C. PENWELL, Plaintiff : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO.9l)-1896 CIVIL NADINE Y. PENWELL, Dclcndanl : CIVIL ACTION- LAW : IN DIVORCE ORDER AND NOW, 10 wit, this /'1 - day of ClIt,'c/ ,2001, it is hereby ORDERED AND DECREED that the attached Stipulation of the Parties is made an Order of Ihis Court and said Slipulation is adopted in its entirely and incorporated herein as an Order of Court. BY THE COURT: ... MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRF. Attorney 1.0. No. 27914 210 Grandview Avenue, Suile 102 Camp Hili, PA 17011 Telephone No. (717) 909.4060 Attorneys for Plaintiff SCOrf C. PENWELL, Plaintiff : iN THE COURT 01' COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. No. 99-1896 CIVIL NADINE Y. PENWELL, Defendanl CIVIL ACTION - LAW IN DIVORCE STIPULATION OF THE PARTIES AND NOW,this ~ day of oc;f:- ,2001, come the parties, Scott C. Penwell, Plaintiff herein, and Nadine Y. Penwell, Defendant herein, and do hereby agree and stipulate as follows: 1. The parties entered into a comprehensive Property Settlement Agreement on July 11,2001. 2. On August 1,200 I, Defendant began cohabitating with her boyfriend, Rick Biller. 3. Pursuanl to the terms of the parties' Property Setllement Agreement, Plainlirrs alimony shall be reduced to Ihe sum of $1,500.00 per month effective Augusl I, 2001, for a period of one year from August 1,2001. 4. Plaintiffs alimony payments shall cease complelely on July 31, 2002. 5. Any monies which Plaintiff has overpaid 10 Defendant as a result of the delay in the Domestic Relalions Office effectuating the terms oflhis Slipulalion shall be repaid to .JUt 0 8 2001 Scott C. Pcnwcll IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION. LA W Nadinc Y. Billcr f'lk/a Nadinc Y. Pcnwcll NO. l)l).IH96 QUALIFIEJ> DOMESTIC I{ELATIONS ORDER I. Thc partics to Ihis action havc cntcred inlo a Propcrty Sclllcmcnt Agrecmcnt datcd July 11,2001. 2. This Order crcates and rccognizcs the cxistcncc of an Altcmalc Payec's righl to rcceivc a portion of the Participanl's bencfils payablc undcr an cmploycr sponsored defincd conlribution plan which is intended to bc qualificd undcr Intemal Revcnue Codc of 1986 ("Code") g401(a). The Court intcnds this order to be a Qualified Domeslic Rclalions Order ("QDRO") within Ihe meaning of Code g414(p). Thc Coart cntcrs this QDRO pursuanl to its authority undcr the 23 P.C.S.A. g3502. 3. This QDRO applies to thc Duanc Morris & Hcckschcr LLP Retiremcnt Plan ("Plan"). Furthcr. this Ordcr shall apply 10 any successor plan 10 the Plan or any other plan(s) to which liability for provision of the Participanl's benefits describcd bclow is incurrcd. Any benefits accrucd by the Participant under a predecessor plan of the employer or any othcr defined contribulion plan sponsorcd by the Participanl's cmployer, whereby liabilily for bcnefits accrued undcr such predccessor plan or other defined contribution plan has been transferred to the Plan, shall also bc subjecl to the terms of this Order. Any changes in Plan Administralor, Plan sponsor, or name of thc Plan shall not affccl Allematc Payee's rights as stipulated under Ihis Order. 4. Scott C. Penwell ("Participant") is a participant in the Plan. Nadine Y. Biller ("Alternate Payee"), the former spouse oflhc Participant, is the alternalc payce for purposcs of this QDRO. 5. Thc Participanl's name, mailing address, Social Security number and date of birth are: Scott C. Penwell 1114 Tunbridge Lanc Mechanicsburg. PA 17055 Social Sccurity #: 189-44-1344 Datc of Birth: December 14. 1952 QDRO Page 2 6. birth are: The AlIemale Payee's name, mailing address, Social Security number and date of Nadine Y. Biller 904 Walnul Street Wormleysburg, PA 17043 Social Security # 189.44.1256 Dale or Birth: June 30, 1952 The Alternate Payee shall have the duty to no~ify the Plan Admiuislralor in wriling of any changes in this mailing address subsequent 10 the entry oflhis Order. 7. The portion orthe Partieipanl's plan benefils payable to Ihe Alternate Payee under this QDRO is $223,402.00 plus simple interest atlhe rate of8% per annum from September 14, 1998, untillhe dale of distribution. 8. The QDRO does not require Ihe Plan to provide any type or fonn of benefit Ihe Plan does nol otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously detennined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. II. The Plan shall dislribute the amount designated in Paragraph 7 of this Order, as soon as adminislratively feasible following the Plan Administralor's approval of this Order. 12. The distribution shall be a direct rollover to Alternate Payee's Individual Retirement Account with Allflrst Trust Company, accounl no. 77875 established for the benefit of Nadine Y. Penwell. 13. On and after the date that this order is deemed 10 be a QDRO, but before the AlIemale Payee receives distribution under the Plan, the Alternale Payee shall be entitled to all of the righls and election privileges that are afforded 10 active participants, including but nOllimited to, the rules regarding withdrawals and dislributions, the right to name a beneficiary, and the right 10 direct her Plan investments to Ihe exlent penniued under Ihe Plan. 14. All payments made pursuant 10 Ihis order shall be conditioned on the certification by the Alternate Payee and the Participant 10 the Plan Administralor of such infonnation as the Plan Adminislrator may reasonably require from such parties. QDRO Page 3 15. II is the intention oflhe parties Ihalthis QDRO continue 10 qualify as a QDRO under Code 94] 4(1'), as it may be amended from lime to lime, and thallhe l'lan Administrator shall reserve the right to reconfirm the qualified status orthe order utthe time benefits become payable hereunder. ] 6. In the evenllhat Ihe Plan inadvertently pays to the Participanl any benefils Ihat are assigned to the Alternale Payee pursuanllo the lerms oflhis order, Ihe Participant shall immediately reimburse Ihe Alternate Payee to the extent that he has received such benefil payments and shall forthwith pay such amount so received directly 10 the Allemate Payee wilhin ten (1 0) day~ of receipl. In the event Ihat Ihe Plan inadvertenlly pays to the Altemate Payee any benefits that are assigned to Ihe Participant pursuant to the terms oflhis order, Ihe Altemale Payee shall immediately reimburse Ihe Participant 10 the extenllhat she has received such benefit payments and shall forthwith pay such amounl so received directly to Ihe Participant wilhin ten (10) days of receipt. 17. After payment of the amount required by Ihis QDRO, the Alternate Payee shall have no further claim against the Participant's inlerest in the Plan. 18. The Alternate Payee assumes sole responsibilily for the tax consequences of the distribution under this QDRO. 19. The Altemate Payee's right 10 the amount assigned to her under Ihis QDRO shall not be affected by Ihe Participant's dealh (whelher before or after benefil payments to the Alternate Payee have commenced). In the event oflhe Altemate Payee's death prior to Ihe commencement ofbenefil payments to the Allernate Payee pursuant to this QDRO, the Plan shall pay the remaining benefils under this QDRO as soon as practicable to any beneficiary designated by the Altemate Payee and recorded with Ihe Plan Administralor under the terms of the Pia'!. If no designated beneficiary survives IIJe Allemate Payee, benefits shall be paid to the Altemate Payee's estate. 20. The Plan shall treal this QDRO in accordance with Code 9414(1')(7). While the Plan is determining whether this order is a qualified domeslic relations order, the Plan Administrator shall separately accounl for the amounls which would have been payable to the Alternate Payee while the Plan is determining the qualified status oflhis QDRO. , '. QDRO Page 4 21. The Plan Adminislrator promptly shall notify Ihe Participant nnd the Altemate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for delermining the qualified slalUS oflhis QDRO. The Plan Administralor shall determine Ihe qualified status of the QDRO and shall notify the Participanl and Ihe Altemale Payee of the determination wilhin a reasonable period of time after receipl oflhis QDRO. 22. The Court shall retain jurisdiction with respect to this Order to the exlenl required to maintain its qualified slatus and the original inlent oflhe parties as stipulated herein. EXECUTED this IS" day of Atr,... " . ,20~. BY THE COURT CONSENT TO ORDER /l4- PLAINTIFFIPARTlCIPANT DEFENDANT/ALTERNATE PAYEE ~~~A Signature '1/u,t;" -(j-. ~ Signature 7-/1-0;2- f l (, \. 0"1- Date Date , ATTORNEY FOR DEFENDANT/ ALTERNATE PAYEE Signatf4~ RonD. ~J m. 1< a.h.rno../\) Signature ~a Date /2(.- '2.-. v' Date \ C. 0 P \ e.s. '\t\o..\~cI ~.16'o~ ~.s M:\ Wp\PLEAtlING\penwell-div. wpd 3123/99 SCOTT C, PENWELL, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA t : NO. 11- /g9if ~~ NADINE y, PENWELL, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, 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 THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HA VE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, C I I A . I -11ter Cumberland County G8t:lllh6USe ~ ft<"o5tX.-l u {iQy\ i ('u I lL. -- S"1~"""''''' f vtuth fl66r f. 4 Carlisle, Pa 17013 cl [;. J--e,{ 'J /.' U-c.. (717) 21^ r"^^ f c2- 4-tc/j ( ~? v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, q 9 - I J'9t (!;;;J y;~ SCOTT C. PENWELL, Plaintiff NADINE y, PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1, Plaintiff is SCOTT C, PENWELL, who has resided at 760 State Street, Lemoyne, Cumberland County, Pennsylvania, for the last six months, 2, Defendant is NADINE y, PENWELL, who has resided at 904 Walnut Street, Worrnleysburg, Cumberland County, Pennsylvania, since 1988, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on August 10, 1974 in Mt. Joy, Pennsylvania 5, There have been no prior actions of divorce or for annulment between the parties. 6, Neither of the parties in this action is presently a member of the Armed Forces, .. 7. The Plaintiff and Defendant are both citizens of the United States, 8, Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court, COUNT I - DIVORCE 9. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken, WHEREFORE, Plaintiff requests the Court enter a decree in divorce. Dated: March 22, 1999 RespectfullY~S~bmitted' /1 . . . ,{{aucz/v;:tL Maria p, togn~ Esquire Sup. Ct. I.D, #27914 200 North Third Street Twelfth Floor P,O. Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 VERIFICATION I, SCOTT C, PENWELL, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S,A, 94904 relating to unsworn verification to authorities, ~~ SCOTT C, PENWELL DATE: 3/ I 'J/rct ~ ,,- H:\ WpIPLEADING\penwell.aff. wpd April 10, 1999 SCOTT C, PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 99-1896 CIVIL NADINE y, PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA p, COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce was served upon the Defendant by certified mail, return receipt requested, on the 7th day of April, 1999, The original signed return receipt, number P 397 741 177, is attached hereto and made a part hereof. Maria p, Cognetti, E Sup. Ct. LD. #27914 200 North Third Street Twelfth Floor P.O, Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 Sworn to and subssribed before my this .Ii!!2 day of I1Ltu~. ,1999. I Notaria} Seal Karen A. Sheriff, Notary Public Harrisburg, Dauphin County My Commission Expires March 9, 2002 Member, Pennsylvania ASSOCiation of Notaries ,.0 ...0 ~~ '<I -, , ' 7;? :::;:> .-1 -", ~ S : '0 - Complete iteme 1 lI'IdIor 2 for addItioMI seMceS. Ii -Complete iteme3, 4a, and 4b. eD - Print your name and address on the reverse of this form 80 that we can return this I! card to you. . ~ -Attach this form to the front of the mailpiece, or on the back if space does not e permit . -Write'Return Receipt ReqUNted' on the mailpiece below the article number. .c -The Return Receipt will show to whom the article was delivered and the date ~ delivered. o '0 I ii E o u ~:'.n;r;.~ \{ l~~~ \I q;'~ L0~\ vurl- Jt~eJtt W()w\~\",b~ PA 170B 5. Received By: (Print Name) .. ::I o >- .!! .Sh to receive the f g services (for an extra fee): .; 1. 0 Addressee's Address ~ 2. ~ Restricted Delivery ~ Consult postmaster for fee. 15. 4a. Article Number 1 3 ~ 4b. Service Type .; o Registered t2f ce~.ified ~ o Express Mail YO'lns red ,5 o Retum Receipt for Merchandise 0 CO ~ 7. Date of Delivery .e ::I ~ ~ c ca .c to- Domestic Return Receipt ') / t .,-, ~J '.10.1 , ') , , '~ '\:1 .' I r~, ). -_I l:\Clienl Directory\Penwell-S\Pleadings\Amended Divorce Complaint.wpd 10/11/00 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No, 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attornevs for Plaintiff SCOTT C. PENWELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO, 99-1896 CIVIL TERM NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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, Court Administrator Cumberland County Courthouse 1 Courthouse Square, Fourth Floor Carlisle, Pa 17013 (717) 240-6200 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD, No, 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attornevs for Plaintiff SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 99-1896 CIVIL TERM NADINE y, PENWELL, Defendant CIVIL ACTION - LA W IN DIVORCE AMENDED COMPLAINT IN DIVORCE 1. Plaintiff is SCOTT C. PENWELL, whose current mailing address is 305 North Front Street, Fifth Floor, Dauphin County, Pennsylvania, 2, Defendant is NADINE y, PENWELL, who has resided at 904 Walnut Street, Wormleysburg, Cumberland County, Pennsylvania, since 1988. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 10, 1974 in Mt. Joy, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties, 6, Neither of the parties in this action is presently a member of the Armed Forces. 7, The Plaintiff and Defendant are both citizens of the United States. 8, Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling, Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. COUNT I - DIVORCE 9, The Plaintiff avers that the grounds on which the action is based are as follows: (a) That the marriage is irretrievably broken; and (b) That Plaintiff and Defendant have been living separate and apart for a period in excess of two (2) years, WHEREFORE, Plaintiff requests the Court enter a decree in divorce, Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: October 11,2000 By: ,; 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, SCOTT C, PENWELL. hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S,A, ~4904 relating to unsworn verification to authorities. ~cP~ SCOTT C, PENWELL DATE: ItJj; O/ob l~ I, ~ I , .. MARIA P. COGNETTI & ASSOCIATES Maria p, Cognetti, Esquire Attorney I.D, No, 27914 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attornevs for PlaintifflPetitioner SCOTT C, PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-1896 CIVIL NADINE y, PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you, or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1, The parties to this action separated on September 14, 1998 and have continued to live separate and apart for a period of at least two years, 2, The marriage is irretrievably broken. 3, I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted, I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, S 4904 relating to unsworn falsification to authorities. Date: October 10, 2000 ~ cif~ SCOTT C, PENWELL ..' i, f ~ ~ I Ii 11 ~ ! ill 1 : i I fI :i [1 l' j '..j.'.... .1 ','j.1 Ii , I ~~Ji i I i ~ '.' :H !i hi 'I' ',.Il ! l ~I ij! 'I! Iii ~... i.,... I f "I ill II 'Ii 11 '.,..1.1.. '.. " ~ i ill :.11 r i fi ~ ~l 'II ',I I ',1.1. I ill " ('I I ~i I ~l I, i'l I :II I ill... I 'j! " 'Ii j! '.,1'. ,I 'll Ii ~~ i 1..j,I.. t i i ~ '.1,1. ~! I :11 ' ; ~j' , ~. g c:::> q ~ SCOTT C. PENWELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNlY, PENNSYLVANlA v. CMLACTION -LAW NADINE Y. PENWELL, Defendant NO. 99-1896 CML IN DIVORCE COUNTER-AFFIDAVIT UNDER ~ 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) --X- (b) I do not oppose the entry of a divorce decree, I do oppose the entry of a divorce decree because SEE 2(b) BELOW,: (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years, _ (ii) The marriage is not irretrievably broken, 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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, --X- (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. No decree in divorce should be granted until all of the economic claims are fully and finally resolved. I understand that in addition to checking (b) above, I must also fIle all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims, I verify that the statements made in this counter-affidavit 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, Date: /0 - ;!(;.,. , t--,o NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER- AFFIDAVIT 53498.1 C) ~;: ......:.~ '1)(1' ~:r' ~~J '< ~F; ( /~.~ r'. >~;; .t.._ --.t -< :::) .-') .~- { ~J.J :....J .' (}') "..-- ... . . MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No, 27914 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attornevs for Plaintiff SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 99-1896 CIVIL TERM NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA p" COGNETTI, ESQUIRE, do hereby certify that true and correct copies of the Amended Complaint in Divorce, Plaintiffs 3301(d) Affidavit and the Petition for Bifurcation with Rule to Show Cause were served upon the Defendant by certified mail, return receipt requested, on the 23rd day of October, 2000. The original signed return receipt, number P 902 067 190 is attached hereto and made a part hereof, Date: October 30, 2000 By: Respectfully Submitted: z:- ~OT iZCIATES MARIA ~~GNE~SQUlRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorney for Plaintiff Sworn to and subsqt;ibed before me this .3Cl!! day of~ 2000. otaila eal Karen A. Sheriff, Notary, Publ!c Harrisburg, Dauphin -Jaunty My Commission Expirs3 March 9, 2002 , . _ J Member, Peilnsyll;",nic Assoc::::,U:i1 ~f ~:Q:c:~ies UNITED STATES POSTAL SERVICE RETURN TO: (>.. First-Class Mail Postage & Fees Paid USPS ermit No. G-10 -------~-~~----------,~ MARIA P. COGNETTI, ESQUIRE MARIA P. COGNETTI & ASSOCIATES 210 GRANDVIEW AVENUE, STE 102 l.dI3::>3~ N~n1.3~ ::>ll.S311\100 880-.:111\I::> 66ft "sn/~ 99Z1-801Ll Vd mIfl8snnlVH 99Z1 X08 Ud 133.~.LS 13)l~VW OU: NVWdlHS is' NVV\1ZI V)I 'D~38G10D 3~mOS:I 'NVWZIV)l 'W a1VNO~ :01 passaJpp'o' aIO!IJ'o"f: t66~ Jaqwa~ao '~~8t W.W:i Sel ~~??.t.:"..':l!~........... a.l.':!~. ............................. ........ .~l!;:' ~~-~~ ~-~~. -~;~~~! ~~-q ! ~/!.':?.I'!..! ~!!.~.. ~~':?!~!... ~??I.~.!. :!~~.!. .~~!~.~. J. .~~.~:~!'.'?'. .~P:?~???~. (lepues,(q pesn sSaJppe WOJ) /UaJ9JJIP JO ssaJPPV' s,aassaJpPV' '9 061 L90 'W6 d 1111I111111111111111111111111111111111111111111 111111111111111111111111111111111 " X (luat5tf 0 JO aassaJPPtfo) :aJnlBUfl!S'9 031.:11ll13:l A~3^1l3CJ D CJ31::>I~lS3~ 'l 061 L90 '1:06 d adlil a:>!^Jas 'qp JeqwnN eIO!IJV' 'et }()[)Z ( (i l..jO AJe^!Iea ~o elBa . L -- .. . . 110LI Vd 'llIH dWV;) 'WI 3IS '3f1N3AV MaIAGNWD OIZ S3.LVI;)OSSV tfl I.Ll3NDO;)'d vnrvw 3~IflOS3 'I.L.l3NDO;) 'd vnIVW 113MN3d 'A 113MN3d :3lt' :J8pU8S '- .., MARIA P. COGNETTI & ASSOCIATES Maria p, Cognetti, Esquire Attorney J.D. No. 27914 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attornevs for PlaintifflPetitioner SCOTT C, PENWELL, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V, No. 99-1896 CIVIL NADINE y, PENWELL, DefendantJRespondent CIVIL ACTION - LA W IN DIVORCE PETITION FOR BIFURCATION AND NOW, comes Petitioner, Scott C, Penwell, by and through his attorney, Maria p, Cognetti & Associates and files this Petition for Bifurcation and in support thereof, avers as follows: 1. Petitioner is Scott C, Penwell, whose current mailing address is 305 North Front Street, Fifth Floor, Harrisburg, Dauphin County, Pennsylvania, 17101. 2, Respondent is Nadine Y. Penwell, who currently resides at 904 Walnut Street, Wormleysburg, Cumberland County, Pennsylvania, 3. The parties were married on August 10, 1974 in Mount Joy, Pennsylvania and separated on or about September 14, 1998, 4, Petitioner filed a Complaint in Divorce on or about March 31, 1999. Said Complaint requested a divorce based upon irretrievable breakdown under Section 3301(c) of the Divorce Code. S, Petitioner filed an Amended Complaint in Divorce simultaneously with the filing of this Petition, Said Amended Complaint requested a divorce based upon irretrievable breakdown under Section 3301(d) of the Divorce Code. 6. The parties have been unable to settle various property issues which are still outstanding. 6, The parties have been separated in excess of two years and Petitioner no longer wishes to be married to Respondent. 7. Petitioner has suffered and is suffering due to his inability to restructure his own personal life, 8. Neither of the party's property rights would be effected in any way by a bifurcation of the divorce from the pending economic issues. 9, Petitioner believes and therefore avers that the advantages of bifurcation of this action are substantially greater than the disadvantages for the following reasons: a. A speedy resolution of the divorce issue would allow the parties to restructure their personal lives. b. Bifurcation will further the policy behind Pennsylvania's Divorce Code in making the legal dissolution of marriage effective for dealing with the realities of the matrimonial experience by taking into primary consideration the welfare of the family rather than the vindication of private rights. 23 Pa, C.S.A, ~3102(a), c. Bifurcation of this divorce action will also separate the dissolution of the marriage from the distribution of property so that the marriage and each party's personal life is not held hostage to economic demands. d, Bifurcation of the divorce action will in no way prejudice, diminish or impair Respondent's economic claims under the Divorce Code, WHEREFORE, Petitioner respectfully requests that this Honorable Court grant him a bifurcated divorce. Respectfully Submitted: Date: October 10, 2000 By: 210 Grandview Avenue Suite 102 Camp Hill, P A 17011 Telephone No, (717) 909-4060 Attorney for Plaintiff/Petitioner VERIFICATION I, SCOTT C. PENWELL, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A 94904 relating to unsworn verification to authorities, Dated: 10/ID/ DO ~~ SCOTT C. PENWELL CERTIFICATE OF SERVICE I, Maria p, Cognetti, Esquire, Attorney for Plaintiff/Petitioner herein, do hereby certify that on this date I served the foregoing Petition for Bifurcation by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Ronald M. Katzman, Esquire GOLDBERG, KATZMAN & SHIPMAN 320 Market Street P.O, Box 1268 Harrisburg, P A 17108 Respectfully Submitted: Date: October 10, 2000 By: 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 MAltlAP" COQ-NB'T'TI & ASSOCIATES Attorneys and Counselors at Law 210 Gl'andview AvenlJe, Suite 102 Camp Hm,PA 170B (717) 909-4060 Fax (717) 909-4068 _cr"~ ... AND NOW, to wit, this / 7" day of Oc:nl:xr , 2000, upon MARIA P. COGNETTI & ASSOCIATES Maria P. Cognetti, Esquire. Attorney J.D. No, 27914 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attornevs for Plaintiff/Petitioner SCOTT C, PENWELL, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No, 99-1896 CIVIL NADINE Y. PENWELL, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE consideration of Plaintiff s Petition for Bifurcation, a Rule is hereby issued upon Respondent to show cause, if any, why the relief requested should not be granted, RULE RETURNABLE .:2..tJ DAYS FROM SERVICE. BY THE COURT: ~. /l d J. tc5f1I'W -Jf)a3J 10 - J 7~()O RX~ GOlDBERG, KATZMAN & SHIPMAN, P,C, Thomas J. Weber, Esquire - I.D. #58853 Attorneys for Defendants 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 SCOTI C. PENWELL, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-1896 CML NADINE Y. PENWELL, Defendant/Respondent CML ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: Marie P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 You are hereby notified to plead to Defendant's Answer with New Matter to Petition for Bifurcation within twenty (20) days from service hereof. GOLDBERG, KAlZMAN & SHIPMAN, P.C. " ) By: Ronal~Ka~:a~ Atty. I.D, #07823 . 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: October 30,2000 54056.1 GOLDBERG, KATZJo1AN 5- SHIPMAN, P.c. Ronald M. Katzman, Esquire Supreme Court 10 #07823 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant/Respondent SCOTI C. PENWELL, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERlAND COUNlY, PENNSYLVANIA v, NO. 99-1896 CML NADINE Y. PENWELL, DefendanVRespondent CMLACTlON - LAW IN DIVORCE ANSWER WITH NEW MAnER TO PETITION FOR BIFURCATION AND NOW, comes Respondent, NADINE Y. PENWELL, by and through her counsel, Goldberg, Katzman & Shipman, P.C. and Ronald M. Katzman, Esquire, and answers the Petition for Bifurcation as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. It is admitted that the parties have not resolved all of their outstanding property and other economic issues. Respondent believes and therefore avers that the issuance of a bifurcated decree in divorce will adversely affect the parties' economic status quo and will unduly delay the final resolution of the economic issues. 6. It is admitted that Petitioner left the marital residence in September, 1998. 7. Denied. It is specifically denied that Petitioner has suffered or is suffering in any way or that he has been unable to restructure his own personal life as a result of the pending divorce. Proof of how Petitioner has suffered or is suffering or how he has been unable to restructure his personal life is hereby demanded. 8. Denied. Contrary to Petitioner's assertion, the property rights of the Respondent will be adversely affected by a bifurcation of the divorce from the pending economic issues, 9. Denied. It is specifically denied that the advantages, if any, of bifurcation at this time are substantially, or to any extent, greater than the disadvantages. To the contrary, the disadvantages to Respondent outweigh any perceived advantages of a bifurcation. a. Denied, It is specifically denied that a speedy resolution of the divorce issue would allow the parties to restructure their personal lives and proof of Petitioner's assertion is hereby demanded. b. Denied. It is specifically denied that bifurcation of this matter will further the policy behind the Pennsylvania Divorce Code to any extent. c. Denied. It is specifically denied that either party's personal life is being held hostage to economic demands. d. Denied. It is specifically denied that bifurcation of the divorce action will not prejudice, diminish or impair Respondent's economic claims under the Divorce 2 Code. To the contrary, bifurcation will substantially and unalterably prejudice, diminish and impair Respondent's economic claims, NEW MATIER 10. Defendant/Respondent believes that if a bifurcation is granted, Petitioner will continue to delay and obstruct an equitable resolution of the pending economic issues based upon his past actions, including the failure to respond to requests for economic information in a timely manner. The issuance of a bifurcated decree in divorce will perpetuate Respondent's dilatoriness in addressing the economic issues. 11. Informal discovery has been ongoing for several months. Petitioner has not fully responded to requests for information, and therefore, formal discovery will have to be undertaken. 12, Defendant/Respondent may be disadvantaged by a bifurcation for the following reasons: A. In the event of PlaintifflPetitioner's death, Defendant/Respondent may be precluded from the enjoyment of benefits under the Probate, Estate and Fiduciary Code; B. There may be a negative effect on Defendant/Respondent's right to receive the proceeds of life insurance policies; C, Any pension benefits to which Defendant/Respondent would be entitled may be terminated or adversely affected; and 3 D. The conversion of the parties' real estate currently held as tenants by the entireties to tenancy in common would subject the property to possible attachment by creditors of either spouse individually. WHEREFORE, Defendant/Respondent, by her counsel, respectfully requests that this Honorable Court deny PlaintifflPetitioner's Petition to Bifurcate. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By !, , /-) MA ~ RONAU/M. ~ '~ESQUlRE 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID #07823 Attorneys for Defendant Date: October 30, 2000 53497.2 4 VERIFICATION I verify that the statements contained in the foregoing ANSWER WITH NEW MATTER TO PETITION FOR BIFURCATION are true and correct to the best of my knowledge, information and belief I understand that false statements contained herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ( /l......, /l,7 " - - ~,j " ~. '" a, ..p/J,I () Date: _It? - 1-6 ~ C('..J '--? ~~ Y~VL.~JC... NADINE Y. PE LL CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: I / ./ ,,/.) I I ./ . -~-~.~k~ ///1.. /.' L/f fIV' ,/I. Ronald M. Katzman, Es re Attorney I.D. #07198 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Dated: October 30, 2000 n ~:;. "'C..-~, (J[', rnl: ;:_~ .:.t /, ~;. r', <: "- 5; >: to. ' .~ 'J ..j : '-' -< r~ co GOWBERG, KAlZMAN Be SHIPMAN, P.C. Thomas J. Weber, Esquire - J.D. #58853 Attorneys for Defendanis 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 SCOlT C, PENWELL, Plaintiff/petitioner IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA v, NO. 99-1896 CML NADINE Y. PENWELL, Defendant/Respondent CML ACfION - LAW IN DIVORCE NOTICE TO PLEAD TO: Marie p, Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 You are hereby notified to plead to Defendant's Answer and Counterclaim within twenty (20) days from service hereof. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~/ ',_ Ron ld M, Katzman, Esq . e Atty. 1.0. #07823 320 Market Street, p, 0, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Da~: October30,2000 54056.1 GOLDBERG, KATZMAN & SHIPMAN, P.c. Ronald M. K/ltzrmm, Esquire Supreme Court ID #07823 320 M/lrket Street, P.O. Box 1268 H/lnisburg, PA 17108-1268 Attorneys for Defel1Clanl/Respondent SCOTT C, PENWELL, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 99-1896 CML NADINE Y. PENWELL, DefendanVRespondent CMLACTION - LAW IN DNORCE ANSWER AND COUNTERCLAIM 1. Admitted. 2. Admitted, 3. Admitted. 4, Admitted. 5. Admitted. 6. Admitted. 7, Admitted. 8. Admitted. COUNT I - DIVORCE 9, (a) Admitted. (b) Admitted. WHEREFORE, Plaintiff requests that the Court refrain from entering a decree in divorce. COUNTERClAIM COUNT I REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERlY UNDER SECTION 3502(a) OF THE DNORCE CODE 10. Paragraphs 1 through 9 of this Answer are incorporated herein by reference thereto. 11, Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests that the Court preserve her right to seek the entry of an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code, as amended. COUNT II REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THE DNORCE CODE 12, Paragraphs 1 through 11 of this Answer and Counterclaim are incorporated herein by reference thereto. 13, Defendant is unable to sustain herself during the course of this litigation, 14. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. 2 WHEREFORE, Defendant respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code, as amended. COUNT III REQUEST FOR COUNSEL FEES. COSTS AND EXPENSES UNDER SECTIONS 3104(a)(1). 3323(b) AND 3702 OF THE DIVORCE CODE 16. Paragraphs 1 through 15 of this Answer and Counterclaim are incorporated herein by reference thereto. 17. Defendant has employed Goldberg, Katzman & Shipman, P.C. and Ronald M. Katzman, Esquire, to represent her in this matrimonial cause. 18, Defendant is unable to pay her reasonable counsel fees, costs and expenses and Plaintiff is more than able to pay them. Plaintiff is employed as an attorney and has the ability to pay Defendant's counsel fees, costs and expenses in full. 19. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay her reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104(a)(1), 3323(b) and 3702 of the Divorce Code, as amended, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. 3 COUNT IV REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POUCIES INSURING UFE OF COUNTERCLAIM- DEFENDANT UNDER SECTION 3502(d) OF THE DIVORCE CODE 20. Paragraphs 1 through 19 of this Answer and Counterclaim are incorporated herein by reference thereto. 21. During the course of the marriage, Plaintiff has maintained certain life insurance policies for the benefit of Defendant. 22. Pursuant to Section 3502(d), Defendant requests Plaintiff be directed to continue maintenance of said policies for the benefit of Defendant. WHEREFORE, Defendant respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Plaintiff to continue to maintain certain life insurance policies for the benefit of Defendant. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C, By 12 ' ' . ..,afll..:tp. ~< RONALD M. KAT' , ESQUIRE 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID #07823 Attorneys for Defendant Date: October 30,2000 53497.1 4 VERIFICATION , . I verify that the statements contained in the foregoing ANSWER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: Jo - :2.& - 00 (f'lactl . '-- ,. Ie- '" AfU- NADINE Y. PE y:J&tuu d!J} L J CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P,C. By: Ron~~~~~~~-; Attorney I.D, #07198 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Dated: October 30, 2000 c) F a:~ .';' .,,-:'. ~.-' ~( ~,- '.....- ~[;-;: ,', (::c. ,=, ....~ ~;. ~ C~.t t..::; '==::> ') .,.-/ L) :...) <:;0 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff/Respondent SCOTT C. PENWELL, PlaintifflPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No, 99-1896 CIVIL NADINE y, PENWELL, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE ANSWER TO NEW MATTER AND NOW, comes Plaintiff, Scott C. Penwell, by and through his attorney, Maria P. Cognetti, Esquire and files this Answer to New Matter and in support thereof, avers as follows: 10. Denied. It is specifically denied that PlaintifflPetitioner will delay and obstuct an equitable resolution of the pending economic issues, Plaintiff/Petitioner's conduct thus far has been nothing but cooperative and he has pressed Defendant/Respondent for a quick and speedy resolution of the economic issues, It is further denied that the issuance of a bifurcated decree in divorce will perpetuate Respondent's dilatoriness in addressing the economic issues. PlaintifflPetitioner stands ready, willing and able to settle this matter in as amicable a fashion as possible. 11. Denied. It is specifically denied that Plaintiff/Petitioner has not fully responded to requests for information, and therefore, formal discovery will have to be undertaken. 12. Denied. It is specifically denied that Defendant/Respondent would be ~ disadvantaged by a bifurcation for the following reasons: A. Plaintiff/Petitioner would be willing to protect Defendant/Respondent's rights to claim a spousal election under the Estates, Probate and Fiduciaries Code until such time as there has been a final resolution of the economic claims; B, Plaintiff/Petitioner would be willing to retain Defendant/Respondent as the beneficiary on life insurance policies which existed at the date of separation until such time as there has been a final resolution of the economic claims; C. Plaintiff/Petitioner would be willing to retain Defendant/Respondent as the beneficiary on pension/retirement benefits which existed at the date of separation until such time as there has been a final resolution of the economic claims,; and D. Plaintiff/Petitioner would agree that all marital property of the parties be held in custodia legis after entry of the Divorce Decree and until such time as there has been a final resolution of the economic claims, WHEREFORE, Plaintiff/Petitioner respectfully prays this Honorable Court grant his request for a bifurcated divorce. Date: November 16,2000 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES g~~~ Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorney for Plaintiff ~ VERIFICATION I, SCOTT C. PENWELL. hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief, I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A. S4904 relating to unsworn verification to authorities. ~c;E~ SCOTT C, PENWELL DATE: 11-/&-00 .. CERTIFICATE OF SERVICE I, Maria p, Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Answer to New Matter by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Ronald M, Katzman, Esquire GOLDBERG, KATZMAN & SHIPMAN 320 Market Street P,O, Box 1266 Harrisburg, PA 17108-1266 MARIA P. COGNETTI & ASSOCIATES Date: November 17,2000 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorney for Plaintiff COGNETTI & ASSOCIATES Counselors at Law Avenue, Suite 102 Camp Hill, PA 17011 (717) 909-4060 Fax (717) 909-4068 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No, (717) 909-4060 Attorneys for Plaintiff SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V, No. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR HEARING AND NOW, comes Plaintiff, Scott C, Penwell, by and through his attorney, Maria P. Cognetti, Esquire and files this Motion for Hearing and in support thereof, avers as follows: 1. Plaintiff is Scott C. Penwell, whose current mailing address is 305 North Front Street, Fifth Floor, Harrisburg, Dauphin County, Pennsylvania, 17101. 2. Defendant is Nadine Y. Penwell, who currently resides at 904 Walnut Street, Wormleysburg, Cumberland County, Pennsylvania, 3. The parties were married on August 10, 1974 in Mount Joy, Pennsylvania and separated on or about September 14, 1998, 4, On or about March 31, 1999, Plaintiff filed a Complaint in Divorce. 5.. On or about October 13,2000, Plaintiff filed an Amended Complaint in Divorce. 6., On or about October 13,2000, Plaintiff filed a Petition for Bifurcation. 7. On October 17, 2000, the Court entered a Rule upon the Defendant directing the Defendant to show cause, if any, why a bifurcated divorce should not be granted, 8. On or about October 30, 2000, Defendant filed an answer to said Rule, WHEREFORE, Plaintiff respectfully prays this Honorable Court enter an Order setting this matter for hearing on the issue of a bifurcation of the divorce from the economic issues. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: November 16,2000 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, SCOTT C. PENWELL. hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S.A. S4904 relating to unsworn verification to authorities, ~ceJ SCOTT C. PENWELL DATE: /1/ / {p~ Of) CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Motion for Hearing by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Ronald M. Katzman, Esquire GOLDBERG, KATZMAN & SHIPMAN 320 Market Street P.O. Box 1266 Harrisburg, PA 17108-1266 MARIA P. COGNETTI & ASSOCIATES Date: November 17,2000 By: MARIA . CO TTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff i I , I , I I i , ' , I j! (, C' I i I I 'i 81 :%1 ';li I ~ :; 1 t! i n \.1 ...j., if, , i , i , i ! i I i i - MARlA P. CQGN81it?PL A ttorneys and Ctnt 210 Grandview AvenUe; Camp Hill, PA 1'10!) (717) 909-4060 Fax (71'1') ---- MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attornevs for Plaintiff SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, to wit, this '1.J.nd day of ).1A~~ , 2000, upon consideration of the foregoing Motion for Hearing, it is hereby ORDERED AND DECREED that a hearing is scheduled for the ~ ~ day of O.JJ' P/Y~~ ,2000, at 0' clock ~.m. in Courtroom Number i Courthouse, Carlisle, Pennsylvania. /0:0-0 of the Cumberland County BY THE COURT: ./1L ta-p';D 1Y1JJ. J I - .2. A. -00 RKg I; -''7"',.1 ..! l, < I . ; " ..... - ~ ,;..- ' MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attornevs for Plaintiff SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER TO COUNTERCLAIM AND NOW, comes Plaintiff, Scott C. Penwell, by and through his attorney, Maria P. Cognetti, Esquire and files this Answer to Counterclaim and in support thereof, avers as follows: COUNT I - REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION S 3502(a) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of Plaintiffs Complaint in Divorce and Defendant's Answers thereto are incorporated herein by reference thereto. 11. This averment is more properly a prayer for relief and therefore no answer is required thereto. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitable divide all marital property. COUNT II - REOUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 370Ha) AND 3702 OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of Plaintiff s Complaint in Divorce and Defendant's Answers and Counterclaim thereto are incorporated herein by reference thereto. 13. Denied. It is specifically denied that Defendant is unable to sustain herself during the course of this litigation. 14. Denied. It is specifically denied that Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. This averment is more properly a prayer for relief and therefore no answer is required thereto. WHEREFORE, Plaintiff requests this Honorable Court deny Defendant's request for spousal support, alimony pendente lite, and alimony. COUNT III - REOUEST FOR COUNSEL FEES. COSTS AND EXPENSES UNDER SECTIONS 3104 (a)(1). 3323 (b) AND 3702 OF THE DIVORCE CODE 16. Paragraphs 1 through 15 of Plaintiffs Complaint in Divorce and Defendant's Answers and Counterclaim thereto are incorporated herein by reference thereto. 17. Admitted. 18. Denied. It is specifically denied that Defendant is unable to pay her reasonable counsel fees, costs, and expenses and Plaintiff is more than able to pay them. While it is admitted that Plaintiff is employed as an attorney, it is specifically denied that he has the ability to pay Defendant's counsel fees, costs and expenses in full. 19. This averment is more properly a prayer for relief and therefore no answer is required thereto. WHEREFORE, Plaintiff requests this Honorable Court deny Defendant's request for counsel fees, costs and expenses. COUNT IV - REOUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE OF COUNTERCLAIM - DEFENDANT UNDER SECTION 3502(d) OF THE DIVORCE CODE 20. Paragraphs 1 through 19 of Plaintiffs Complaint in Divorce and Defendant's Answers and Counterclaim thereto are incorporated herein by reference thereto. 21. Admitted. 22. This averment is more properly a prayer for relief and therefore no answer is required thereto. WHEREFORE, Plaintiff requests this Honorable Court deny Defendant's request to remain as the beneficiaries of his life insurance polies. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: November 16,2000 Pe<<u By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, SCOTT C. PENWELL. hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. ~cP~ SCOTT C. PENWELL DATE: I/~/{P~()O CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Answer to Counterclaim by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Ronald M. Katzman, Esquire GOLDBERG, KATZMAN & SHIPMAN 320 Market Street P.O. Box 1266 Harrisburg, P A 17108-1266 MARIA P. COGNETTI & ASSOCIATES Date: November 17,2000 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff · 'II II II .. .'1 II LI . ill I! II 1, I I I 1 j I ,1 I I i I :1 il 1 : I I MARIA P. COGNETTI & ASSOCIATES Attorneys and Counselors at Law 210 Grandview A venue, Suite 102 Camp Hill, PAl 70 I I (717) 909-4060 Fax (717) 909-4068 .. MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-1896 CIVIL TERM NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, to wit, this 11ft- day of 1>~ , 2000, the hearing scheduled in this matter for December 27,2000 is canceled. A new hearing is set for the 7th day of February, 2001, at 1 :30 o'clock p.m. in Courtroom Number 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: j-o/14 . t.apUD-fY/J1 IJ-- J~-OO "'RX.3 'ii!\l\// ;l,AS(\! f\13 c! ,~lr<:i.: .",' "'; S tl :~; i: AH'/.\;_'; I_L;j ",J (}~) ~ COMMONWEAL TH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: SCOTT C. PENWELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NADINE y. PENWELL NO. 99-1896 Defendant MOTION FOR API"OINTMENT OF MASTER AND NOW, JJ2I!.. J ,2000, comes the undersigned attorney for the plaintiff and certifies to the Court that the above action in Divorce is at issue; that no issue has been directed by the Court to be tried by jury, and therefore respectfully moves the Court for appointment ofa Master. The following matters are at issue between the plaintiff and the defendant: (X ) Grounds for divorce; (X ) Alimony Pendente lite, ( ) Support; Counsel fees; (X ) Alimony; ( ) Paternity; (X ) Equitable distribution of ( ) Custody; property ; ( ) Other Service of the complaint was made on the above named defendant on April 7, 1999 by certified mail. An appearance on behalf of the defendant has been entered by Ronald M. Katzman, Esquire. The following attorneys have been interested in other matters arising between the plaintiff and defendant: None MARIA P. C NETT!, S Attorney for Plaintiff AND NOW, 'le/~thLuA.I /d-.- ,2000, t'-' 6/L.t:A/ U<:::~'.'\ , Esq., is hereby appointed Master in this proceeding to hear the testimony and return the record and a transcript to the Court together with report and recommendation. Contest has been indicated. BY THE COURT: ?-1. j1 ~ 00 '- (I r I ?-' I~~~ - VII\VFMS,\JNJd }JJ\~rlS.:~) r~:.< i-J (; : ! I ;"N (, i J.:.U GO )..UJ1;..'. .. \- I:\Client Directory\Penwell-S\Pleadings\Stipulation for Bifurcation.wpd February 5, 2001 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR BIFURCATION AND NOW, comes SCOTT C. PENWELL (hereinafter referred to as "Husband") and NADINE Y. PENWELL (hereinafter referred to as "Wife"), who file this Stipulation for Bifurcation and state as follows: WHEREAS, Husband and Wife were married on August 10, 1974. WHEREAS, the parties separated on September 14, 1998. WHEREAS, Husband filed a Complaint in Divorce on or about March 31, 1999, under 93301(c) of the Divorce Code and an Amended Complaint in Divorce on or about October 13, 2000, under @3301(d) of the Divorce Code; WHEREAS, Wife filed an Answer and Counterclaim to the Complaint in Divorce on or about October 30, 2000; I\Client DirectorylPenwell-SlPleadingslStipulation for Bifurcation.wpd February 5, 200 I WHEREAS, Wife's Answer raised claims for equitable distribution, alimony, alimony pendente lite, attorneys fees and costs; and WHEREAS, both parties acknowledge that the marriage is irretrievably broken and desire the entry of a bifurcated Divorce Decree. NOW, THEREFORE, intending to be legally bound hereby, the parties hereto stipulate and agree as follows: 1. The parties hereby agree to promptly request that a bifurcated divorce decree be entered by this Honorable Court and that the Court retain jurisdiction over any and all economic claims which have been raised in this action and for which a final order has not yet been entered. 2. The parties agree that all economic issues between them shall survive the Divorce Decree. The economic rights of the parties shall not be impaired or diminished by the death of either party. 3. The parties agree that until final economic resolution, neither party shall alienate, assign, conceal, convey, dissipate, encumber, hypothecate, pledge, secret, transfer or otherwise dispose of any marital property without prior notice to and written approval of the other party, which approval shall not be unreasonably withheld. However, Plaintiff may conduct stock transactions relating to Eastern Holding Company, without the prior approval of Defendant, so long as he gives prompt notification to Defendant prior to any such action. -2- L\Chen! Directory\Penwell.S\Pleadings\Stipulation for Bifurcation.wpd February 5, 2001 4. Each party hereby waives, on behalf of his or her estate, the provisions of the Dead Man's Statute in the event of his or her death prior to final resolution of all economic claims raised in the divorce action. 5. All marital property of the parties shall be held in custodia legis after entry of the Divorce Decree, including any and all rights which Wife may have under the Retirement Equity Act of 1984. Husband shall take whatever steps are necessary to preserve Wife's right in any retirement interests, such as pensions, profit sharing plans or other similar assets that may exist. This would include maintaining Wife as a surviving spouse entitled to death benefits upon Husband's death even though the parties are divorced, until such time as all economic issues are resolved. 6. In the event of either party's death prior to the resolution of the economic claims, the action for divorce shall continue as if both parties were living. The Executor! Administrator of the estate of the deceased spouse shall act on behalf of the estate in the divorce action until its conclusion. 7. The Order for spousal support docketed to no. 969 S 2000, PASCES No. 960102812, shall become an Order for alimony pendente lite upon the entry of a final Decree in Divorce and shall remain in effect until further Order of Court or agreement between the parties. 8. Until further Order of Court or agreement of the parties and so long as it is available to her at no cost, Wife shall provide post-divorce medical coverage for Husband under -3- .' LIClienl DireclorylPenwell.SlPleadingslSlipulalion for Bifurcalion.wpd February 5, 2001 a health care insurance policy which provides, at a minimum, benefits which are comparable to those available to a spouse under Wife's existing health insurance. 9. Husband shall continue to maintain Wife as beneficiary on the State Farm Life Insurance Company policy which insures his life for $750,000, and shall provide Wife with verification of his compliance with the terms of this provision. 10. The Court shall retain jurisdiction to enforce the provisions of this Bifurcation Stipulation. 11. The parties further agree that this Bifurcation Stipulation shall be entered as an Order of Court and as such the Bifurcation Stipulation shall have the full and same force and effect as if the matter had been tried and decided. 12. This Bifurcation Stipulation and Order of Court shall continue in full force and effect until further Order of Court or amended agreement in writing between the parties. 13. The parties hereby waive their rights to present this agreement in open Court or to have their case heard by the Court at this time. )(tCttL2~ WITNESS SitkcfJ SCOTT C. PENWELL ~ ' Q.V"V-lk3t.....t!"-,~~ .,., . ( "\ .... WITNESS U , J -4- . .. r- IIClient Otrectory\Penwell.S\Pleadings\Stipulation for Bifurcation.wpd February 5, 200 I MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney J.D. No. 27914 2] 0 Grandview A venue, Suite 102 Camp Hill, PA ]701] Telephone No. (717) 909-4060 Attorneys for Plaintiff SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, to wit, this 'f~ day of F -cA" rrv., , 2001, upon consideration of the attached Stipulation for Bifurcation, it is hereby ORDERED and DECREED that: 1. The divorce action is bifurcated from any ancillary economic claims; tAIl \\ \oc... 2. The parties~ divorced from the bonds of matrimony;...".~ f ,... ..".I-~Y"':'" rf ~ de r-u.... 1..\ +10...... h ~~ I " .. W'\ . 3. The tenns of the Stipulation for Bifurcation are incorporated by reference in this Order; 4. This Court retains jurisdiction over any claims raised by the parties to this action for which a final order has not yet been entered. BY THE COURT: t~~ OJ,-/rJ~tJl R){3 co > .- L-_ l.. ,.. , ai' , GOLDBERG, KATZMAN & SHIPMAN, P,C. Ronald M. Katzman, Esquire Supreme Court ill #07823 320 Market Street, P,O, Box 1268 Hanisburg, PA 17108-1268 Attorneys for Defendant SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION OF DEFENDANT. NADINE Y. PENWELL. FOR SANCTIONS AND NOW, comes Defendant, Nadine Y. Penwell, by and through her counsel, Goldberg, Katzman & Shipman, P,C" who files this Motion for Sanctions by respectfully stating the following: 1. This Motion is related to the issue of equitable distribution. 2. On November 30, 2000, Defendant Nadine Y. Penwell ("Mrs. Penwell") served a Request for Production of Documents upon the Plaintiff, Scott C. Penwell ("Mr. Penwell"), by mailing the same to his counsel. A copy of the transmittal letter for this Request for Production of Documents is attached hereto as Exhibit "A", A copy of the Request for Production of Documents is attached hereto as Exhibit "B". 3, Pa.R.Civ.P. 4009,12 provides, inter alia, as follows: a, The party upon whom the request is served shall within thirty (30) days after the service of the request: .... . . /' " y 1. serve an answer including objections to each numbered paragraph in the request, and 11. produce or make available to the party submitting the request those documents and things described in the request to which there is no objection. 4. Responses to this Request for Production of Documents were due on January 2,2001. 5, Under date of January 2, 2001, counsel for Mr. Penwell sent counsel for Mrs. Penwell a letter stating that an additional thirty (30) days was needed to respond. A copy of said letter is attached hereto and marked Exhibit "C". 6. That additional thirty (30) days expired more than one month ago, and still Mr. Penwell has not provided even one document in response to the discovery requests, nor has he made any objection to any of the items requested. 7, The Request for Production of Documents requested production of documents relating to the valuation of various assets held by Mr. Penwell which require expert valuation analysis and opinions. 8. In late January, 2001, Mr. Penwell informed Mrs. Penwell that he had not even started to assemble any of the documents in response to the Request for Production of Documents. 9. Pa.R.Civ.P. 4019(a)(1 )(viii) states, "[t]he court may, on motion, make an appropriate order if. , . a party or person otherwise fails to make discovery or to obey an order of court respecting discovery." 10, Rule 4019(c)(2) states, "[t]he court, when acting under subdivision (a) of this rule, may make . . . an order refusing to allow the disobedient party to support or oppose designated 2 .. , , . I ~, y claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition." 11. Rule 4019(c)(5) states, "[t]he court, when acting under subdivision (a) of this rule, may make such order with regard to the failure to make discovery as is just." 12. Mr. Penwell's failure to provide any response to the Request for Production of Documents is a blatant disregard for the Rules of Court and for prior representations made to Mrs. Penwell's counsel. 13, As the documents requested by Mrs. Penwell go to the very heart of the equitable distribution in this matter, her ability to adequately prepare her case is severely prejudiced by Mr. Penwell's failure to respond to discovery; thus, this Court is well justified in exercising its discretion to sanction the Plaintiff, Scott C. Penwell, by: a. ordering him to produce each of the documents requested within ten (10) days; b. issuing an Order precluding him from offering any opinion testimony in this matter concerning the valuation of assets; and c. imposing a monetary sanction upon him for his obdurate failure to comply in a timely manner with the discovery requests. WHEREFORE, Defendant respectfully requests that this Honorable Court grant this Motion for Sanctions and that the Plaintiff: a. be ordered to produce within ten (10) days each of the documents requested in full and complete responses to the Request for Production of Documents; b. be precluded from offering opinion evidence or testimony concerning the valuation of assets in this matter; 3 ... to. , c. Date: March 6, 2001 59295,( .~ I pay the legal fees incurred by Defendant with respect to this motion. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~~tf.~ Ronald M. atzman, Es 're Attorney J.D. #07198 320 Market Street P. O. Box 1268 Harrisburg, PAl 7108-1268 (717) 234-4161 Attorneysfor Defendant 4 RtC'r CLEO .,.. ~ 320 MARKET EET . STR'AWBERRY SQUARE P.O. Box 1 268 . H A R R I S BUR G, P E ~'N S Y LV A N I A 1 7 1 08- 1 268 .... I' 7 1 7. 2 3 4 . 4 1 6 1 · 7 1 7 . 2 34. 6 8 0 8 (F A" , OF COUNSEL F. LEE SHIPMAN JOSHUA D. LOCK ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEFFERSON]. SHIPMAN JERRY J. Russo MICHAEL J. CROCENZI THOMAS]. WEBER ARNOLD B. KOGAN ROYCE L. MORRIS EVAN J. KLINE, III JOHN DELoRENZO STEVEN E. GRUBB JOHN R. NINOSKY DAVID M. STECKEL . ) GOLDBERG, KATZMAN & SHIPMAN, p.e. November 30, 2000 Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Re: Penwell (Your File No. 00-103) Dear Maria: Since I have not heard anything from you concerning the furnishing of information for valuation purposes, I have prepared and herewith serve upon you our Request for Production of Documents. With respect to the bifurcated divorce issue, you had indicated at our conference that you would be sending to me a draft of an agreement that you felt would protect Mrs. Penwell and thereby encourage her consent to that being granted. We are still awaiting the same and trust you will send it to me forthwith so that we can consider whether the hearing scheduled for late December could be avoided. Very truly yours, Ro~ Katzman RMK:gkd cc: Nadine Penwell 55398.1 CARLISLE OFFICE: 717.245.0597 · YORK OFFICE: 717.843.7912 RECYCLED , , I I .,. ..' ... I I t t I GOLDBERG, KATZMAN & SHIPMAN, P.c. Ronald M. Katzman, Esquire Supreme Court ID #07823 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant/Respondent seOTI C. PENWELL, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA v. NO. 99-1896 CML NADINE Y. PENWELL, Defendant/Respondent CMLACTION - LAW IN DIVORCE DEFENDANTS REQUEST FOR PRODUCTION OF DOCUMENTS TO: Scott C. Penwell, Plaintiff, and Maria Cognetti, Esquire, Attorney for Plaintiff Pursuant to Pa. R.C.P. 1930.5(b) and 4009.1 et sea., please produce the following documents within thirty (30) days of the date of selVice by providing copies thereof to counsel for Defendant or by making the originals available for a reasonable period of time for copying by counsel: 1. Income tax returns, K-1 forms, and all attachments and schedules for the following entities as specified. a. inclusive). Duane, Morris & Heckscher, LLP (for the years 1995 through 1999, b. Educators Alliance of Lancaster, Pennsylvania (for the years 1995 through 1999, inclusive, or for the life of the company). ..., .' I. c. Eastern Holding Company, Ltd. and all related companies (for the years 1995 through 1999, inclusive, or for the life of the company). d. The Legacy Bank (for the years 1995 through 1999, inclusive, or for the life of the company). e. Homestate PA Growth Fund (for the years 1995 through 1999, inclusive, or for the life of the company). f. Any other corporation, partnership, or other business entity of any nature in which you have held any legal or equitable ownership interest at any time from 1/1/95 to the present for the years 1995 through 1999, inclusive, or for the life of the company. 2. The following documents for the years 1995 through the present, inclusive, for all of the entities identified in subparagraphs a. through f. in Paragraph 1 above. a. Financial statements. b. Payroll tax returns. c. Forms W-2 and W-3. d. Forms 1099 and 1098. e. Sales tax returns. f. Pension plan tax reports. g. Depreciation schedules. h. Incorporation documents and by-laws. i. Corporate minute book with shareholder and director's minutes. j. Stockholder or partner lists showing the ownership interest of each. k. Copies of all leases, including: 2 .. j i · I Business facilities Real property Equipment Automobiles Other personal property 1. Copies of all loan agreements, including: All current loans outstanding Loans paid within the period from 1995 to the present Lines of credit Mortgages Capital asset financing contracts Security agreements and financing statements m. Copies of all employment contracts, including: Current employees Employees terminated during the period from 1995 to the present n. Copies of all noncompetition agreements, including: Current employees Employees terminated during the period from 1995 to the present o. Copies of all buy-sell agreements, including: Current agreements Agreements in force during the period from 1995 to the present p. Copies of all contracts with shareholders, partners and/or related parties. q. Organization chart for the company. r. List of all affiliated companies. s. List of all trade associations to which the company belongs. t. Credit rating reports. 3 . ... -' ",.. I u. Ust of major customers or clients. v. Copies of sales forecasts. w. Ust of the company's business lines. x. Ust of the product and service lines. y. Ust of the markets in which the business operates. z. Ust of sales by market for the most recent three years. aa. Copies of written sales policies. bb. Copies of operations and/or production manuals. cc. Copies of product guarantees or warranties. dd. List of suppliers of the company. ee. List of an major competitors. ff. Identify trademarks, copyrights, seIVice marks, etc. gg. Copies of licenses and certificates issued by regulatory agencies. hh. Copies of prior offers to purchase the business. ii. Agreements affecting the transfer of stock or partnership interests. jj. Copies of documents describing all pending lawsuits. kk. Inventory schedules. II. Schedule of marketable securities. mm. Accounts receivable schedule, with aging. nn. Notes receivable schedule, with aging. 4 I. t, ... --' 00. Fixed asset schedule with descriptions, dates acquired, and costs. pp. Accounts payable schedule. qq. Notes payable schedule. rr. Uabilities schedule. ss. Copies of all prior asset appraisals. tt. Year-end adjusting journal entries. uu. Financial budgets, if any. w. Projected financial statements, if any. ww. Copies of all IRS audit reports. xx. Copies of bank statements and canceled checks for the last two years. yy. Copy of employee handbooks. zz. Personnel list with job titles. aaa. Key management job descriptions. bbb. Ust of key managers with background information. ccc. Copies of profit sharing or pension plan documents. ddd. Expense reimbursement policies. eee. Copies of employee fringe benefit plans. fft. Copies of executive compensation plans. ggg. Schedule of life insurance policies on key personnel. hhh. All documents with respect to admissions of new partners or shareholders and repurchase of departing partners' and shareholders' interests for the last five years. 5 ,>' - . " 3. With respect to Duane, Morris & Heckscher, LLP, the following documents for the years 1995 through the present, to the extent they are not included within the above Paragraph 2: a. Source of fees by category, specialty, and sources of income other than fees. b. Analysis of fees as to whether from recurring clients or one-time clients. c. or others. A breakdown as to clients between corporate, individual, nonprofit, fiduciary, d. Schedule of clients, indicating the type of services provided, the fees for each service, and the number of years the service has been provided to the client. e. Source of new clients, time reports involving Plaintiff, showing chargeable and nonchargeable hours, vacation, time off, and total hours listed by the week or by the month. f. A listing of work in progress, as well as contingent work in progress, along with an historical realization rate on contingent fee work. g. earning. Retainers that have not been earned, their amount, and expected time of h. Contingent liabilities and possible losses for lawsuits against the firm. i. Any obligations not recorded on the firm's books. 4. Provide copies of all statements issued with respect to any pension account of any nature in which you have an interest for the period of 1995 through the present. 6 .JI \- ..' 1, .11' , . . 5. Copies of all statements issued on any checking, savings, mutual fund, brokerage, or other depository account of any nature in your name, jointly or individually with any other person, from January 1, 1995 to the present. 6. Copies of the declaration pages and annual statements or any other documentation issued from January 1, 1995 to the present showing the face amount, loan balances, and cash surrender value for any life insurance policy on which you are the insured and/or owner. 7. Documentation of all earned or unearned income or payments of any nature you have received or to which you were entitled from January 1, 1995 to the present from any source and for any purpose, excluding any such for which information has been supplied in response to any of the prior questions. 8. Copies of all certificates or other documentation of any nature evidencing the ownership of any stock, bond, or debenture you have owned from January 1, 1995 to the present, individually or jointly with any other person. 7 .. , ,--- - ! "") 4 t., C. . 9. Documents evidencing all dividends paid, stock splits, sales, transfers, or other transactions with regard to any stocks, bonds, or debentures you have owned individually or jointly with any other person from January 1, 1995 to the present. 10. Any appraisals or other statements of value of any asset owned by you, as well as any financial statements, loan applications, or net worth statements, individually or jointly with any other person, from January 1, 1995 to the present. 11. The inventory required by Rule of Civil Procedure 1920.33(a) in the form set forth in Pennsylvania Rule of Civil Procedure 1920.75. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: s2~~AlA<~-< Ronald M.. Katzman, Es e 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney I.D. #07198 Attorneys for Defendant Date: November 30, 2000 55390.1 8 .>,' .. ~. I ...., ,.. . CERTIFICATE OF SERVICE I hereby certify that I am this date selVing a copy of Defendant's Request for Production of Documents upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P.C. 11 .' V ,,-) J / ~>?-.- By: ,tJ.~,.;,) ~tv /({~---.l4;:'-.f1~ Ronald M. Katzman, Esqui.t~) Attorney J.D. #07198 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Dated: November 30, 2000 REC'(CLED .. . ... .. ' JAN 0 4 2001 MAR.1A Po COGNETTI & As~cIA TES It .. a At~orneys and Counselors at Law Practice Limited to Matrimonial Law Maria P. Cognetti * Attorney at Law H. Allison Wright Attorney at Law *Fellow-Amencan Academy of Matrimonial Lawyers Karen A. Sheriff Paralegal January 2, 2001 VIA FACSIMILE AND REGULAR MAIL Fax No. 71 '1-234-6808 Ronald M. Katzman, Esquire GOLDBERG, KATZMAN & SHIPMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 RE: PENWELL v: PENWELL Our File No. 103 Dear Ron: Please be advised that my client will need an additional thirty (30) days within which to respond to your discovery request. Please let me know immediately whether or not this will be a problem. I would like to have until February 1,2001, to file my discovery responses. Thank you for your attention to this matter. I look forward to hearing from you. Very truly yours, AMc-f! ro.~/~s Maria P. Cognetti MPC/clg cc: Scott Penwell, Esquire 210 Grandview Avenue, Suite 102 . Camp Hill, P A 17011 Telephone (717) 909-4060 . Fax (717) 909-4068 ,. .. ~ ..' . 't_ .., · CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P,C. By: ~,~ Ronald M. Katzman, Esqu . Attorney J.D. #07198 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Dated: March 6, 2001 (') ~:~ .....Ct ("'!'l 7 -;z en ~c ~" ~. ~,. ,,,' j~~ ~3 /.:. -~\ -<., c) ,..."" " ,) <' ') 1 .-! , ... ~'. -, 0) ..') -<..: r SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE IN RE: MOTION FOR SANCTIONS ORDER AND NOW, this LJ-- -, day of March, 2001, a brief argument on the within motion for sanctions is set for Thursday, April 5, 2001, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Maria Cognetti, Esquire F or the Plaintiff Ai Ronald Katzman, Esquire F or the Defendant :rlm \J1N\iJ\1J.SNN3d )lNnCO (ii\\l1~j?~'V'in8 6 fJ :(: ~~d 6 -. ~ V ~J I 0 J..8VLCA'i ~,;, - . .j~~'n-_~::~~;~,)- COt:-; ":{:;: .. ~ , . ~.f"-:':::;.:'+~':"':'+~':;: .::e.: >0::+::< ':.:..;>:;: }::+::( ::~.::e.::: :::.3t(}>>;.;:: :;..3t.(.::~.::+;>::: >.::+;.;:: :,:o>>x:::.::+::.:;:)>>-:.::: ::~.::e{ :::.::+-:.;:: }::+::>::: :::.::+::.:;:;*::::::~::*~:~~:c~~!::+~;~:::~::e!~:K+::!;;::::.>>::.::::::.>>-:.:::::.>>::.;:::::.3t.;::::oil ~ ~ ~ ~ x X ~ IN THE COURT OF COMMON PLEAS ~ ~ ~ ~I ~.~ ~ ,,' ,~.; ~ ~.~ ~.~ I I a ~.~ ~ ~ ~.~ i ~.~ i ~.~ ~.~ ~ ~ ~.'I. ~.; ~ ~.~ ~ ~.~ ~ ~.~ ~ i ~.~ OF CUMBERLAND COUNTY ~.~ ~ ~( ~l ~.~ ~ ,,~~ ~ PENNA. ;~~ * ~ ,.~ ~ :"..; ,.~ ~ ,.~ ~ ~.; ~ ~ ~.~ ~.s ~ ~ ~.~ ~ ~.'I. ~ ~.~ i ~.~ ~~. ;.~ ~ ~.~ ~ i ~.~ i ~.~ $ ~:.:i ~ ~.~ ~ ~ ~.~ ~ ~.~ i ~.~ ~ ~.~ ~ ~.~ ~ ~ ..,.~ ~ '.' ~ ~ ...~ J. ~ '.' STATE OF SCOTT C. PENWELL ,.~ ~ i ~.~ ~.~ ~\ ~ ~... N o. ..~.~.-:-..~.~.~.~... c~.Y.~.~....... 19 Versus NADINE Y. PENWELL ~ '.' a ...'1. _ . _ _. ~ i Prothonotary 2 ~ ~ v . )A " ~~~~~~~~~. ~ ..::.-:.( '.'.ag,,>_ .::,,~:.,:: ":.>>~., '>.~.:.:,_ '::-.;.;,':.:.:.;,,::.>>:( .:'.~.:.;:: '::.=+;.,:: '):.:( ',".:.::.;" )i:.~~;,: -'.::+},.: ):.~.;,: '_.:.::~,,: "',.::.:.,,".::.~.,,_ "+~.:. ,'.:.~., :;.::.::( ',::.:.:< :: .:..~.. '.::.::.::.':: >:.:.,:' :::_::+:. '_.=.~._, ,: .::.:< ,.::.;." :.:.::.~.:' ~ ~.~ ~ !t-.'J /~ ~ ~.~ i ~i DECREE IN DIVORCE ~ ~l ~.~ ~ ~e~ ~ t'.' AND NOW, . . . . . . . . . .~"!'.~. . . .~.~. .. ., ~.~.. it is ordered and Scott C. Penwell decreed that ................................................., plaintiff, Nadine Y. Penwell and ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , defendant, are divorced from the bonds of matrimony. The court retains iurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; Alimony, Alimony Pendente Lite, Equitable Distribution, Counsel Fees and Costs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~dt:';1 P ~ f{l17W ~ih . 1-:> ~ elf ~v1f /d&J 'f'J %~/ 1f 1'7/- " ~. . . " /0 IJfl-~ , ;;c C )O,~~,e ... MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview A venue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION TO REDUCE ALIMONY AND NOW, comes Plaintiff, Scott C. Penwell, by and through his attorney, Maria P. Cognetti, Esquire and files this Petition to Reduce Alimony and in support thereof avers as follows: 1. Plaintiff is SCOTT C. PENWELL, whose current mailing address is 1114 Tunbridge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is NADINE Y. PENWELL, who has resided at 904 Walnut Street, Wormleysburg, Cumberland County, Pennsylvania, since 1988. 3. Plaintiff and Defendant were married on August 10,1974, and were divorced on February 22, 2001. 4. The parties entered into a comprehensive Property Settlement Agreement on July 11, 2001. See Exhibit "A" attached hereto and made a part hereof. 5. Paragraph 24 of the said Agreement states: " HUSBAND shall pay to WIFE alimony in the sum of Three Thousand Dollars ($3,000.00) per month, commencing on the first day of the first month following the signing of this Agreement and shall continue until May 1, 2002. Thereafter, said payments shall be reduced to the sum of Two Thousand Five Hundred Dollars ($2,500.00) per month for an additional period of three years (or thirty six monthly payments) at which time said payments shall cease. The parties hereby agree that these payments shall be taxable to WIFE and deductible by HUSBAND. The parties further agree that in the event of WIFE's death or HUSBAND's death the alimony shall terminate immediately. In the event of WIFE'S remarriage or cohabitation said alimony shall be reduced to $1,500.00 per month and shall continue for a period of one year from remarriage or cohabitation, but in no event shall said alimony exceed the original term hereinabove. 6. On August 1,2001, Defendant began cohabitating with her boyfriend, Rick Biller. 7. Plaintiff believes and therefore avers that in accordance with the parties' Property Settlement Agreement alimony should be reduced to $1,500.00 per month effective August 1, 2001, and shall continue for a period of one year terminating on July 31, 2002. \VHEREFORE, Plaintiff requests this Honorable Court enter an Order modifying his alimony obligation to $1,500.00 per month effective August 1,2001 and directing that said alimony terminates on July 31, 2002. Date: August 21, 2001 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ..... VERIFICATION I, SCOTT C. PENWELL, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. ~0j~ SCOTT C. PENWELL DATE: r.n/t7! o - ~ "'"\5 \ (.1\ MARIA P. COGNETTI & ASSOCIATES Attorneys and Counselors at Law 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 (717) 909-4060 Fax (717) 909-4068 II ~' ... MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 99-1896 CIVIL NADINE Y. PENWELL, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this /f)71J day of ~J1Jif!\..' 2001 upon consideration of the attached Petition to Reduce Alimony, it is hereby ORDERED AND DECREED that a hearing be held on the 7fA day of Qf~1T1M,^- ,2001, at I ; So o'clock -fZ--.m., in Courtroom No. '1- of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. 1- ~ ~ ..... ,<::1. ~ .... .:" J (,', :>- 7: '~~ :.:.-t... ]~~ <:...~ , ----,... :~j~ :.) C) SCOTT C. PENWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 1896 CIVIL NADINE Y. PENWELL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this IOU day of (j~ 2006, counsel for the parties having failed to certify the status of discovery requested by the Master in December 2000, and no action having been taken thereafter by parties or counsel, the appointment of the Master is vacated. BY THE COURT, Q7J~ Edgar B. Bayley, P. J. Cc: ~ia P. Cognetti Attorney for Plaintiff co /0 '\..,.:::'J ~ :3 '-...' ~ ,::::;) ~,..) o .0-;:" ~.) o