HomeMy WebLinkAbout99-03693 (2)
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
nw, a
CYNTHIA KIM POWLEY
Plaintiff
N O. 99-3693
VERSUS
MICHAEL JASON POWLEY
Defendant
DECREE IN
DIVORCE
AND NOW, L Ce "7 L C) t , 2003 , IT IS ORDERED AND
DECREED THAT CYNTHIA KIM POWLEY ,PLAINTIFF,
AND MICHAEL JASON POWLEY ,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marriage Settlement Agreement dated October 30, 2003 and
filed with the Court on November 3, 2003, is incorporated
herein, but not merged herewith.
BY THE COURT: i
ATTE Sr: I - U? J.
PROTHONOTARY
1?2 S- aAjel
'Id
CYNTHIA HIM POWLEY,
Plaintiff
V.
MICHAEL JASON POWLEY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLANDCOUNTY, PENNSYLVANIA
: NO. 99-3693
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
Ground for Divorce: irretrievable breakdown under Section X 3301(c) or
_ 3301(d)(1) of the Divorce Code.
2. Date and manner of service of the Complaint: Certified mail, return receipt requested as
evidenced by Certificate of Service filed to the above number on November 9,1999
3. Complete either Paragraph A. or B.
A.1 Date of execution of the Affidavit of Consent required by Section 3301 (c)
of the Divorce Code by Plaintiff: October 27, 2003
by Defendant: October 27, 2003
A.2 Date of filing of Plaintiff's and Defendant's Waiver of Notice of Intent:
by Plaintiff: November 3, 2003
by Defendant: November 3, 203
B.1 Date of execution of the Plaintiff's Affidavit required under Section 3301(d) of
the Divorce Code:
B.2 Date of service of Plaintiff's Affidavit upon Defendant:
Date of service of Notice to Intention to Enter:
FORF,NRN & FOR AN, P.C.
Dated: November 19, 2003
Bnke D. Foreman, Elquire
Attorney ID 21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717)236-9391
Attorney for Plaintiff
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99-393 ?1???,
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT is made this ?Orx-n day of Ocb. n ,
2003, by and between MICHAEL JASON POWLEY (hereinafter referred to as "Husband")
-AND-
CYNTHIA KIM POWLEY (hereinafter referred to as "Wife")
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married in September 5,1992; and
WHEREAS, diverse unhappy marital difficulties have arisen between the parties
causing them to believe that their marriage is irretrievably broken, as a result of which they now
live separate and apart from one another, the parties being estranged due to such marital
difficulties; and
WHEREAS, there is one minor child born of this marriage being, Aerie Powley, born
September 24, 199o, who is, in the best interest of the child, in the custody of the mother with
liberal periods of temporary custody in the father; and
WHEREAS, the parties hereto are desirous of compromising and settling fully and
finally their respective financial and property rights and obligations as between each other,
including, without limitation by specification: the settling of all matters between them relating
to the ownership of real and personal property; and in general, the settling of any and all claims
and possible claims by one against the other or against their respective estate, particularly those
responsibilities and rights growing out of the marriage relationship, inter alia past, present or
future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and
expenses, and equitable distribution, whether or not the parties reside together; and
WHEREAS, the parties have made full disclosure to each other of their assets and
liabilities and have agreed on a settlement of all property rights and differences existing between
them; and
WHEREAS, the parties intend this Agreement to be a full and complete Marriage
Settlement Agreement, providing for the absolute and final settlement of all their respective
marital and property and all other claims.
NOW, THEREFORE, in consideration of the premises and of the promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, the
receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each
intending to be legally bound hereby, covenant and agree as follows:
1. SEPARATION. It shall be lawful for each party, at all times hereafter, to live
separate and apart from the other, at such place or places as he or she may, from time to time,
choose or deem tit. Each party shall be free from interference, authority or control by the other,
as fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart from the
other. The foregoing provision shall not be an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not
void the provisions of this agreement.
Should a decree, judgment or order of separation or divorce be obtained by either of the
parties in this or any other state, country orjurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be affected in any way by any such
separation or divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this Agreement, whether
or not either or both of the parties shall remarry, it being understood by and between the parties
hereto that this Agreement shall be incorporated in but shall not be merged into any decree,
judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of
this Agreement or the substance of the provisions thereof, may be incorporated by reference
into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a
merger, it being the specific intent of the parties to permit this Agreement to survive any
judgment and to be forever binding and conclusive upon the parties.
2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of
execution" or "execution date", defined as the date upon which-it is executed by the parties if
they have each executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement. Transfer of property, funds and/or documents shall occur on the
effective date unless otherwise specified herein.
3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be
considered to affect or bar the right of either party to a divorce on lawful grounds as may be now
or hereafter available to either party. This Agreement is not intended to be and shall not be a
condonation on the part of either party of any act or acts of either party hereto. Both parties
hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof
to execute any and all affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right
to request Court ordered counseling.
4. DEBTS AND OBLIGATIONSAND REAL ESTATE. Each party hereto represents
and warrants that he or she has not, and in the future will not, contract or incur any debt,
obligation or liability for which the other party or his or her estate may be responsible or liable,
except as provided for in this Agreement. Each party hereto agrees to be solely responsible for
the prompt and timely payment of the debts identified to be paid by him or her. Each party
hereto agrees to indemnify and hold harmless the other from any and all claims, debts,
obligations or demands made against him or her by reason of debts or obligations incurred by
him or her or identified to be paid by him or her. Husband agrees to pay all debts, including but
not limited to mortgage, insurance, taxes, all utilities and up keep for the joint, marital
residence at 764 Wertzville Road, Enola, Pennsylvania, 17025 and to immediately sell the same
with one-half (1/2) of the net proceeds to Wife and one-half (1/2) of the net proceeds to
Husband. The net proceeds are the gross proceeds less the costs of sale, and current mortgage
and taxes. All past due taxes, mortgage and costs are the burden of Husband from his sale
proceeds.
5- MUTUAL RELEASES. Husband and Wife hereby mutually remise, release,
quit-claim and forever discharge the other and the estate of such other, for all time to come, and
for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the
estate of such other, of whatever nature and wherever situate, which he or she now has or at any
time hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights,
family exemption or similar allowance or under the intestate laws; or the right to take against
the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all
other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or
any other country; or any rights which either party may now have or at any time hereafter have
for past, present or future support or maintenance, alimony, alimony pendente lite, counsel
fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except
and only except all rights and agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision thereof. It is the intention of
Husband and Wife to give to each other by the execution of this Agreement a full, complete and
general release with respect to any and all property of any kind or nature, real, personal or
mixed, which the other now owns or may hereafter acquire, except, and only except, all rights
and agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. It is further agreed by each party that this
Agreement constitutes a full and final resolution and settlement of all claims of any kind, and
especially and claims arising under the Pennsylvania Divorce Code, which either party may have
against the other.
6. DIVISION OF REAL ESTATE HOUSEHOLD AND PERSONAL
PROPERTY. The parties acknowledge that Husband has rights in a retirement annuity to
IBEW Local No. 143 which had a value at separation of approximately Twenty Five Thousand
and 00/100 ($25,ooo.oo) Dollars and Wife has a 401K through Highmark Blue Cross/Blue
Shield which had an approximate value at the date of separation of Four Thousand and oo/loo
($4,ooo.oo) Dollars.
Husband agrees that he will transfer to Wife, by way of a QDRO, Twelve Thousand and
00/100 ($12,ooo.oo) Dollars, and pay all costs for the same. Husband has an ab iolute duty to
obtain the QDRO as set forth hereinabove within six (6) months
In any event and notwithstanding anything to the contrary herein contained, Husband
agrees that he will be solely responsible for all costs arising from the previot sly identified real
estate including current payments on mortgage, late payments on mortP:,ge, penalties on the
mortgage and the cost of all taxes, utilities, insurance and upkeep of the property.
7. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect
have been fully explained to Wife by her counsel, Bruce D. Foreman, Esquire. Husband
understands that he has a right to an attorney and has either consulted with an attorney or
waives his right to an attorney after voluntarily and intelligently understanding his right to the
same. Husband and Wife each covenants that he or she has made a full financial disclosure to
the other of his or her respective property, holdings and income. Husband and Wife each
acknowledge that each fully understands the facts of this agreement and has been fully informed
as to her or his legal rights and obligations and each party acknowledges and accepts that this
Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and
voluntarily, with such knowledge and that execution of this Agreement is not the result of any
duress or undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements.
8. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time,
at the request of the other, execute, acknowledge and deliver to the other party any and all
further instruments, deeds, titles or documents that may be reasonably required to give full
force and effect to the provisions of this Agreement, including all papers necessary to transfer
title.
9. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently
own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or
her, with full power to dispose of the same in all respects and for all purposes; as though he or
she were unmarried.
10. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties
hereby agree and express their interest that any transfer of property under this Agreement shall
be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to
as "the Act," and specifically the provisions of the Act pertaining to property transfers between
spouses and former spouses. The parties agree to sign and file any elections or other documents
required by the Internal Revenue Service to apply the Act to transfers under this Agreement
without recognition of gain and subject to the carry-over basis provisions of the Act.
11. MODIFICATION AND WAIVER. A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the
same formality as this Agreement. The failure of either party to insist upon the strict
performance of any of the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
12. ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the parties, and there are no representations, warranties, covenants or undertakings other than
those expressly set forth herein.
13. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or obligations
of the parties.
14. INDEPENDENT SEPARATE COVENANTS. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be
a separate and independent agreement.
15. BREACH. If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach, to terminate
any further payments required to the other hereunder or seek such other remedies or relief as
may be available to him or her, and the party breaching this contract shall be responsible for
payment of legal fees and costs incurred by the other in enforcing their rights under this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
16. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other as an
inducement to enter into this Agreement. The parties acknowledge that there has been no
formal discovery conducted in their pending divorce action and that neither has filed and
Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code.
The rights of either party to pursue a claim for equitable distribution of any interest owned by
the other party in an asset prior to the date of execution hereof which interest was not disclosed
or known by the other party or his or her counsel prior to the execution of this Agreement is
expressly reserved.
17• APPLICABLE LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
18. VOID CLAi ES, If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and, in all other respects,
this Agreement shall be valid and continue in full force, effect and operation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
WIFE:
AW4, i MICHAEL JASO POWLEY
HUSBAND:
k ovv
N? HIA KIM POWLEY
WITNESS:
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTYOF
On this the -1k)V-A- of , 2003, before me, the
undersigned officer, personally appear CYNTHIA KIM POWLEY, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he executed the same for the purposes therein contained.
1
Notary Public
My commission expires:
NOTARALSEAL
[M1y1tC' HELE A. RENEKER, Notary Public
ty of Ha rrisburg, Duphin County
Commission Expres March 17, 2007
N%NNNN%%NNNNNN%NNNNNN%NNN%NNN%NNNMNNN%NNNN%%NNNNNNN%%%NN%NN%N%%NNNN%%NNN%%%%%%
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF
On this the 0gVy'A- of ?UC/C 2003, before me, the
undersigned officer, personally appeared MICHAEL JASON POWLEY, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he executed the same for the purposes therein contained.
i
Notary Public
My Commission Expires:
NOTARIAL SEAL
MICHELE A. RENEKER, Nolary Public
City of Harrisburg, Dauphin Canty
MpCOmmission Expires March 17, 2007
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CYNTHIA KIM POWLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 99. 3(0 q3 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant IN DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR
EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE
RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
Carol J. Lin ay; Esquire
ID # 44693
11 East.' Street
Carlisle, PA 17013
(717) 243-5513
Date: ?? ??
Powley ... Complaint June 1, 1999
CYNTHIA KIM POWLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. CIVIL ACTION - DIVORCE
NO. 99 - 36 93 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant IN DIVORCE
COMPLAINT
CYNTHIA KIM POWLEY, Plaintiff, by her attorneys, FLOWER, FLOWER & LINDSAY, P.C.,
respectfully represents:
1. The Plaintiff is Cynthia Kim Powley, who currently resides 408 Pitt Street, Enola,
Cumberland County, Pennsylvania, where she has resided since May 1, 1999.
2. The Defendant is Michael Jason Powley, who currently resides at 764 Wertzville Road,
Enola, Cumberland County, Pennsylvania, where he has resided since December, 1995.
3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on September 5, 1992, at Marysville,
Pennsylvania.
5. That there have been no prior actions of divorce or for annulment between the parties in
this or in any other jurisdiction.
6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is
irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce
Code.
Powley ... Complaint June 1, 1999
7. Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate in marriage counseling, and does not request
counseling.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By: /
Carol J. Lind y, Esquire
I D # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Date:
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904,
relating to unsworn falsification to authorities.
0(121 V14 4C L
Date: ' / //
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Powley ... proof of service November 8, 1999
CYNTHIA KIM POWLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
MICHAEL JASON POWLEY,
Defendant
CIVIL ACTION - DIVORCE
NO. 99 - 3693 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
AND now, this 9 day of 1999, I, CAROL J.
LINDSAY, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY, Attorneys, hereby certify that
I served the Defendant, Michael Jason Powley, on July 1, 1999 with the Complaint in Divorce by
Certified Mail, Return Receipt Requested, Restricted Delivery, Addressee Only, addressed to:
Mr. Michael J. Powley
764 Wertzville Road
Enola, PA 17025
and proof thereof, the signed Return Receipt Card, is attached hereto.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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Powley ... Proof of service November 8, 1999
CYNTHIA KIM POWLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - DIVORCE
NO. 99 - 3693 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant IN DIVORCE
PROOF OF SERVICE
1
SENDER:
•Can : sent t "Or 2 for edasorW wNon. I also wish to receive One
•CampYe narrr. 3, ft, and 4b. foloMng services (for an
aPdnt your name and addrsse on sa nnw of W form w that we con mm 1Ns extra fee):
nrd b
•Wt W form to tlw sonl of IM mYIPMp, or an IM back N spw oap not 1? Addressee's Address alumR.mpRpwlw'wgfril. "&ovf'upar?i4f? nS e2.?ReaMcledDelivery
ye
•1M Rqx= Reoalpr wa Yaw to whom ep utWe wes deewred and the dwW n
ddhwod. Consuff poshRestar for fee.
3. Article Addressed to: 4a. Article Number
Mr. Michael J. Powley 2332 878 768
764 Wertzville Road 4b. Service Type
Enola, PA 17025 ? Registered in Certllled
? Express Mall ? Insured
GtAetumRecelptfor MerduMee ? COD
7. Date of Delivery i 1 --9
eived a?? dnf ems) s 8. Addressee's Address (Only Nrequested
6. Sig>,: ( f and fee RESTRICTED
! PS Form 3811, Decembe 1694 IJ m Receipt
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CYNTHIA KIM POWLEY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-3693
MICHAEL JASON POWLEY, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF C_ ONSENT
19991. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 18,
•
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (9o)
days have elapsed from the date of filing and service of the Complaint.
3• I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the decree.
4• 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. §4904 relating to
unsworn falsification to authorities.
Date: i a I OJ 1 ??
Cynthia Min Powley, Plaintiff
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CYNTHIA KIM POWLEY,
Plaintiff
V.
MICHAEL JASON POWLEY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3693
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
ilnRrF rIArD VL` .,,.,,,,,,..........___ _
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3• I understand that I will not be divorced until a Decree in Divorce is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Date: 1%7/03 ?Ih is 7 l?
Cynthia Kim Powley, Plaintiff
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CYNTHIA KIM POWLEY, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. ° NO. 99-3693
MICHAEL JASON POWLEY,
Defendant CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1999• 1• A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 18,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (go)
days have elapsed from the date of filing and service of the Complaint.
3• I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the decree.
4• 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 A Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Date: Z-t b
ichael Jason P vley, Defendan
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CYNTHIA HIM POWLEY,
Plaintiff
V.
MICHAEL JASON POWLEY,
Defendant
WAIVER OF NOTICE
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3693
CIVIL ACTION -LAW
IN DIVORCE
OF INTENTION TO REQUEST ENTRY OF A
1. I consent to the entry of a final decree of divorce without notice.
2 I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Decree in Divorce is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Date: J!-91 ZIo 3 ffl?wd
ichael Jason Pow eyLe
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CIO
CYNTHIA KIM POWLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
Vs. CIVIL ACTION - DIVORCE
NO. 99-3693 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant IN DIVORCE
ORDER OF COURT
AND now this z°' day of January 2000, upon consideration of the within Petition a rule is
issued upon the Respondent to show cause why he should not be compelled to produce the
documents requested by Petitioner. Rule returnable ZO days from the date of service hereof.
By the Court:
RK3
-- ' C?
3'.1 L,;-4L i .J
CYNTHIA KIM POWLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
Vs. CIVIL ACTION - DIVORCE
NO. 99-3693 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant IN DIVORCE
PETITION TO COMPEL DISCOVERY
NOW comes Cynthia K. Powley by and through her counsel FLOWER, FLOWER & LINDSAY
and Petitions this Honorable Court as follows:
On September 13, 1999, Petitioner served on the Respondent a Request for
Production of Documents, a copy of which is attached hereto as Exhibit A.
2. On November 8, 1999, Petitioner requested from Respondent's counsel a response to
the Request for Production of Documents.
On November 10, 1999, Respondent provided his 1998 Federal Income Tax Return
and a pay stub. He did not, however, provide his retirement information which is necessary in order
to provide a valuation of all marital assets.
The Request for Production of Documents was served after the failure of informal
requests for Discovery.
WHEREFORE, Petitioner prays this Honorable Court to order the Respondent to provide the
documents requested.
FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff
i
C,
By
arot!J. Lindsay,E uire
11, 5ast High Stree
Carlisle, PA 17013
(717) 243-5513
I. D. #44693
VERIFICATION
I, hereby verify that the statements made in the within instrument are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
By
a? 1 J. Lindsay, quire
Date ??l ? ?i' , 2000
CERTIFICATE OF SERVICE
AND now, this------j4-day a0WFLOWER 2000Carol J. Lindsay, Esquire, of the law firm of LINDSAY, P.C., Attorneys,
hereby certify that I served the within Petition to Compel Discovery this day by depositing same in
the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Kristin R. Reinhold
SILLIKER & REINHOLD
5922 Linglestown Road
Harrisburg, PA 17112
FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
Carol J Lindsay, E;
ID#44 3
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Cynthia Powley (Request for Dow)
CYNTHIA KIM POWLEY
Plaintiff
January
O?V
IN THE COURT OF COMMON PLEAS OOFJ
CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-3693 CIVIL TERM
CIVIL ACTION -DIVORCE
MICHAEL JASON POWLEY,
Defendant IN DIVORCE
REQUEST FOR PRODUCTION OF DOCUMENTS
TO: Mr. Michael J. Powley
C/O KRISTEN R. REINHOLD, ESQUIRE
5922 Linglestown Road
Harrisburg, PA 17112
PLEASE TAKE NOTICE THAT, pursuant to Pa.R.C.P. 4003.3 and 4009, you are
required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like
reproduction of the materials concerning this action or its subject matter which are in your possession,
custody or control and which are not protected by the attorney/client privilege; or, in the alternative,
produce the said matter at said time to permit inspection and copying thereof:
1. Most recent pay-stub.
2. Most recent statement any pension, retirement, 401 K, IRA, or other retirement benefit through your
employment or Union or through employer or Union for whom you did work in the course of the marriage.
3. A copy as filed of your 1998 Federal Income Tax return along with any W-2 forms or 1099 forms issued
to you for the tax year 1998.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Carol J. Lindsay, Esquire
EXHIBIT ID#44693
J 11 East High Street
A Carlisle, PA 17013
(717) 243-5513
o U
I
Powley'... proof of service April 17, 2001
CYNTHIA KIM POWLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. : CIVIL ACTION -DIVORCE
: NO. 99.3693 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant/Respondent IN DIVORCE
ORDER OF COURT
AND NOW this _ 23 r day of A 1 , 2001,
upon consideration of the within Petition for Rule Absolute, the Rule of this Court
issued on January 20, 20000 is absolute. Respondent is ordered to produce the
documents requestedcwiibL, 3o d??S lo??s d'``
o 0
c, -n
SAIDIS r
SI'III 'IT'i FLOWER ;
N
& LINDSAY
ATrORNEMAT•LAW .-
26 W. Nigh street r -7.
rn
Carlisle, PA EP L
e rn
By the Court,
0
a
Powley'... proof of service April 17, 2001
CYNTHIA KIM POWLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - DIVORCE
: NO. 99 - 3693 CIVIL TERM
MICHAEL JASON POWLEY,
DefendanVRespondent : IN DIVORCE
PETITION FOR A RULE ABSOLUTE
NOW COMES Cynthia Kim Powley, by and through her counsel, SAIDIS,
SNUFF, FLOWER & LINDSAY and states as follows:
1. On January 18, 2000, Petitioner filed a Petition to Compel Discovery.
2. On January 20, 2000, a Rule was issued by the Court providing
Respondent 20 days from service to show cause why the discovery should not be
provided. A copy of the Rule is attached hereto as Exhibit "A".
3. The Rule was served upon Respondent by letter to his counsel of
January 27, 2000. A copy of the letter is attached hereto as Exhibit "B".
4. Despite repeated requests, Respondent has failed or refused to provide
the discovery requested, in particular, information regarding his pension entitlements.
WHEREFORE, Petitioner prays this Honorable Court to make the Rule issued
SAIDIS
SHUFZ FLOWER
& LINDSAY
ATrORNEY&AT•LAW
26 W. High Street
Carlisle. PA
on January 20, 2000 absolute, and to require Respondent to produce the documents
requested.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By: lL-
ardl J. Lindsay, E quire
ID#`44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Powley'... proof of service April 17, 2001
VERIFICATION
f, the undersigned, hereby verify that the statements made herein are true
SAIDIS
SHUFF, FLOWER
& LINDSAY
nrmxtavs•nr•uw
26 W. High Street
Grliele, PA
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.:
C of J. Lindsay, Esquire
Powley-_ proof of service April 17, 2001
CYNTHIA KIM POWLEY,
Plaintiff/Petitioner
Vs.
MICHAEL JASON POWLEY,
DefendantlRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -DIVORCE
: NO. 99 - 3693 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
AND now, this__L?__day of
2001, I, Carol J. Lindsay, Esquire, of the law firm o AIDIS, SHUFF, FLOWER &
LINDSAY, P.C., Attorneys, hereby certify that I served the within Petition for Rule
Absolute this day by depositing same in the United States Mail, First Class, Postage
Prepaid, in Carlisle, Pennsylvania, addressed to:
Kristin R. Reinhold, Esquire
SILLIKER & REINHOLD
5922 Linglestown Road
Harrisburg, PA 17112
SAIDIS
SHUFF, FLOWER
& LINDSAY
Arragr?rs•Ar•uw
26 W. High Street
Carlisle, PA
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By.
Cal'ol . Lindsay, Esquire
ID# 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
JAN 1 9 2000 A`
CYNTHIA KIM POWLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
Vs. CIVIL ACTION - DIVORCE
NO. 99-3693 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant IN DIVORCE
ORDER OF COURT
AND now this 2Ltkday of January 2000, upon consideration of the within Petition a rule is
issued upon the Respondent to show cause why he should not be compelled to produce the
documents requested by Petitioner. Rule returnable ?O days from the date of service hereof.
A/
By the Court:
AL;Z(24i?-
liarid
Prothowtary
CYNTHIA KIM POWLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 99-3693 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant IN DIVORCE
PETITION TO COMPEL DISCOVERY
NOW comes Cynthia K. Powley by and through her counsel FLOWER, FLOWER & LINDSAY
and Petitions this Honorable Court as follows:
On September 13, 1999, Petitioner served on the Respondent a Request for
Production of Documents, a copy of which is attached hereto as Exhibit A.
2. On November 8, 1999, Petitioner requested from Respondent's counsel a response to
the Request for Production of Documents.
3. On November 10, 1999, Respondent provided his 1998 Federal Income Tax Return
and a pay stub. He did not, however, provide his retirement information which is necessary in order
to provide a valuation of all marital assets.
4. The Request for Production of Documents was served after the failure of informal
requests for Discovery.
WHEREFORE, Petitioner prays this Honorable Court to order the Respondent to provide the
documents requested.
II FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff
T E COPY FROM RECORD By in ; mony wharad, I tiara uato sat M hana Carol, . Lindsay,Espuire
and seat said Ccert lit Cartsi9, Rs 1 Mast High Street
Th Carlisle, PA 17013
(717) 243-5513
pr onciery I.D. #44693
VERIFICATION
I, hereby verify that the statements made in the within instrument are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities.
e ,
By
ar I J. Lindsay, quire
Date2g1 /? , 2000
CERTIFICATE OF SERVICE
AND now, this_ day of GGG 2000_, I,
Carol J. Lindsay, Esquire, of the law firm of OW FLOWER LINDSAY, P.C., Attorneys,
hereby certify that I served the within Petition to Compel Discovery this day by depositing same in
the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Kristin R. Reinhold
SILLIKER & REINHOLD
5922 Linglestown Road
Harrisburg, PA 17112
FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
I D # 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Cynthia Powley (Request for Docs)
CYNTHIA KIM POWLEY
Plaintiff
VS.
MICHAEL JASON POWLEY,
Defendant
January2 O
GJD::P.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99.3693 CIVIL TERM
CIVIL ACTION - DIVORCE
IN DIVORCE
REQUEST FOR PRODUCTION OF DOCUMENTS
TO: Mr. Michael J. Powley
C/O KRISTEN R. REINHOLD, ESQUIRE
5922 Linglestown Road
Harrisburg, PA 17112
PLEASE TAKE NOTICE THAT, pursuant to Pa.R.C.P. 4003.3 and 4009, you are
required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like
reproduction of the materials concerning this action or its subject matter which are in your possession,
custody or control and which are not protected by the attorney/client privilege; or, in the alternative,
produce the said matter at said time to permit inspection and copying thereof:
1. Most recent pay-stub.
2. Most recent statement any pension, retirement, 401 K, IRA, or other retirement benefit through your
employment or Union or through employer or Union for whom you did work in the course of the marriage.
3. A copy as filed of your 1998 Federal Income Tax return along with any W-2 forms or 1099 forms issued
to you for the tax year 1998.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Carol J. Lindsay, Esquire
EXHIBIT ID#44693
11 East High Street
A Carlisle, PA 17013
(717) 243-5513
LAW OFFICFS
FLOWER, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
I1 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 170133016
JAMES D. FLOWER
JAMES D. PLOWER, JR.
CAROL J. LINDSAY
THOMAS E. FLOWER
January 27, 2000
Kristen R. Reinhold, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
RE: Powley v. Powley
No. 99 -3693 Civil Term
Dear Kristen:
(717) 213-3513
PAX (717) 213{310
FFLEsq* oLmm
Please find enclosed a certified copy of the Court's Order of January 20, 2000,
providing your client 20 days from the date of this letter to produce the documents
requested.
Very truly yours,
FLOWER, FLOWER & LINDSAY, P.C.
Carol J. Lindsay
CJUtjb
Enclosure
cc: Cynthia Powley
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Powley ... petition for contempt August 29, 2001
CYNTHIA KIM POWLEY,
Plaintiff/Petitioner
Vs.
MICHAEL JASON POWLEY,
DefendantlRespondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -DIVORCE
NO. 99 - 3693 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW this S Iii day of t~ J 2001,
upon consideration of the within Petition for Contempt, a Rule is issued upon
Michael Jason Powley to show cause why he should not be held in contempt of this
Court's Order of April 23, 2001 and why he should not be required to pay the
attorneys' fees incurred by Petitioner in her attempt to obtain discovery permitted
under the Pennsylvania Rules of Civil Procedure.
RULE returnable at a hearing set for the oV 9e4 day of
SAIDIS
SNUFF, FLOWER
& LINDSAY
ATmxeaxs•AT•uw
26 W. High Street
Carlisle, PA
/pTn 1?z.? 2001, in Court Room No. 1 of the Court House at Carlisle,
Pennsylvania, ett el, '30 /?' In
Leh C l?a<-r?uP? ?Ci/Y
m,,...QscL 9 . oG•v i
By the Court,
? _.
Powley ... petition for contempt August 29, 2001
CYNTHIA KIM POWLEY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. : CIVIL ACTION -DIVORCE
: NO. 99 - 3693 CIVIL TERM
MICHAEL JASON POWLEY,
DefendantIRespondent : IN DIVORCE
PETITION FOR CONTEMPT
NOW COMES Cynthia Kim Powley, by and through her counsel, SAIDIS,
SHUFF, FLOWER & LINDSAY and states as follows:
1. On January 18, 2000, Petitioner filed a Petition to Compel Discovery.
2. On January 20, 2000, a Rule was issued by the Court providing
Respondent 20 days from service to show cause why the discovery should not be
provided. A copy of the Rule is attached hereto as Exhibit "A".
3. The Rule was served upon Respondent by letter to his counsel of
January 27, 2000. A copy of the letter is attached hereto as Exhibit "B".
4. On April 19, 2001, Petitioner filed a Petition for a Rule Absolute.
5. On April 23, 2001, this Honorable Court provided Respondent 30 days
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. Nigh Street
Carlisle, PA
to provide the documents requested. A copy of this Court's Order of April 23, 2001 is
attached hereto as Exhibit "C".
6. The Court Order of April 23, 2001 was served on counsel for
Respondent, Kristin R. Reinhold, Esquire, who advised by letter of April 25, 2001 that
she had received the copy and forwarded it to her client, but that she would no longer
represent Mr. Powley. A copy of the letter of counsel of April 25, 2001 is attached
hereto as Exhibit "D".
Powley ... petition for contempt August 29, 2001
7. In addition to serving Respondent's counsel, the undersigned served a
copy on Michael J. Powley directly by First Class Mail at the address where original
process in this case was obtained.
8. No documents have been provided by the Respondent.
9. Petitioner has incurred attorneys' fees in an attempt to secure discovery
required by the Rules of Civil Procedure.
WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon
Michael Jason Powley to show cause why he should not be held in contempt of this
Court's Order of April 23, 2001 and why he should not pay the reasonable counsel
fees of Petitioner in attempting to obtain discovery.
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIORHEYS?AT-
26 W. High Street
Carlisle, PA
V 4693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
ay:
J. Lindsay, Esquire
JAN
CYNTHIA KIM POWLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
Vs. CIVIL ACTION -DIVORCE
NO. 99-3693 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant IN DIVORCE
ORDER OF COURT
AND now this day of January 2000, upon consideration of the within Petition a rule is
issued upon the Respondent to show cause why he should not be compelled to produce the
documents requested by•Petitioner. Rule returnable -2 Q days from the date of service hereof.
/s/
By the Court: --/, /9-1 ) , /m 1. , I /I / /, - - - 7' - 17 J.
BED
J: RED 1cC
' -err.• tr, - "y hand
and the seal -f said Court at arlisla, Pa.
l i7i' .......?.I...... ay f.. -110-4
Prothonotary
CYNTHIA KIM POWLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
MICHAEL JASON POWLEY, N0.99-3693 CIVIL TERM
Defendant IN DIVORCE
PETITION TO COMPEL DISCOVERY
NOW comes Cynthia K. Powley by and through her counsel FLOWER, FLOWER & LINDSAY
and Petitions this Honorable Court as follows:
1. On September 13, 1999, Petitioner served on the Respondenta Request for
Production of Documents, a copy of which is attached hereto as Exhibit A.
2. On November 8, 1999, Petitioner requested from Respondents counsel a response to
the Request for Production of Documents.
3. On November 10, 1999, Respondent provided his 1998 Federal Income Tax Return
and a pay stub. He did not, however, provide his retirement information which is necessary in order
to provide a valuation of all marital assets.
4. The Request for Production of Documents was served after the failure of informal
•equests for Discovery.
WHEREFORE. Petitioner prays this Honorable Court to order the Respondent to provide the
iocuments requested.
II FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff
4T E CaPY FROM PEOORD By tin T , 1 hwra Uaw set ory hero roll, Lindsay, -uire
whw
and seal WkI Cau Cartlsw, AL 11i?ast High SF'
Carlisle, PA 17013
i ?qoJ\ (717) 243-5513
V I.D. #44693
VERIFICATION
I, hereby verffy that the statements made in the within instrument are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities.
sy
a I J. Lindsay, quire
Date: 2000
CERTIFICATE OF SERVICE
AND now, this day of 2000 I,
Carol J. Lindsay, Esquire, of the law firm of OW FLOWER LINDSAY, P.C., Attorneys,
hereby certify that I served the within Petition to Compel Discovery this day by depositing same in
the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Kristin R. Reinhold
SILLIKER & REINHOLD
5922 Linglestown Road
Harrisburg, PA 17112
FLOWER, FLOWER &. LINDSAY
Attorneys for Plaintiff
By:
Carol J Lindsay, &
ID#44 3
-? 11 East High Street
Carlisle, PA 17013
(717) 243-5513
C.yntnte Pewley (Request for C)oo)
CYNTHIA KIM POWLEY
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99-3693 CIVILTERM
MICHAEL JASON POWLEY, _ CIVIL ACTION -DIVORCE
Defendant IN DIVORCE
REQUEST FOR PRODUCTION OF DOCUMENTS
TO; Mr. Michael J. Powley
C/O KRISTEN R. REINHOLD, ESQUIRE
5922 Linglestown Road
Harrisburg, PA 17112
PLEASE TAKE NOTICE THAT, pursuant to Pa.R.C.P. 4003.3 and 4009, you are
required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like
reproduction of the materials concerning this action or its subject matter which are in your possession,
custody or control and which are not protected by the attomey/client privilege; or, in the alternative,
produce the said matter at said time to permit inspection and copying thereof:
1. Most recent pay-stub.
2. Most recent statement any pension, retirement, 401K, IRA, or other retirement benefit through your
employment or Union or through employer or Union for whom you did work in the course of the marriage.
3. A copy as filed of your 1998 Federal Income Tax return along with any W-2 forms or 1099 fortes issued
to you for the tax year 1998.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
Carol J. Lindsay, Esquire
EEXHIBIT I0#44693
11 East High Street
1 Carlisle, PA 17013
(717) 243-5513
LAW OFFICES
FLOWER. FLOWER & LINDtSAY
A PROFESSIONAL CORPORATION '
11 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013.3016
JAMES O. PLOVER
JAMES O. FLOWER. JR.
CAROL J. MMSAY
THOMAS L PLOVER
January 27, 2000
Kristen R. Reinhold, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
RE: Powley v. Powley
No. 99 -3693 Civil: Term
Dear Kristen:
(717) 243-SSU .
FAM (717) N]i716
Please find enclosed a certified copy of the Court's Order of January 20, 2000,
providing your client 20 days from the date of this letter to produce the documents
requested.
Very truly yours,
FLOWER, FLOWER & LINDSAY, P.C.
Carol J. Lindsay
CJL/qb
Enclosure
cc: Cynthia Powley
q?0 .-)0110aLcea, ?2 sLtr a Coal
<=:-/c C'LL.n'LQ_it. >L? U
Powley ... proof of service April 17, 2001
CYNTHIA KIM POWLEY,
Plalndff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Vs. : CIVIL ACTION -DIVORCE
: NO. 99 - 3693 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant/Respondent : IN DIVORCE
ORDER OF COURT
AND NOW this 2 3.Ar 4_ day of _?..P 2001,
upon consideration of the within Petition for Rule Absolute, the Rule of this Court
issued on January 20, 2000 is absolute. Respondent is ordered to produce the
dl. .
documents requested. o;3 0 01-?
By the Court,
/;/ O?, 0, .1 0
7 . J.
i
SAMIS
SHUFF, FLOWER
& LINDSAY
rs?7f0?lLYSMTMAW
26 W. High Sheet
Caelbk. PA
TRUE COPY FROM RECORI
M1 Teeftoy whereof, I here unto set my h
W the ual of said Court at Carlh k, ft.
Powley .., proof of service April 17, 2001
CYNTHIA KIM POWLEY,
Plaintiff/Petitloner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Vs. CIVIL ACTION -DIVORCE
NO. 99.3693 CIVIL TERM
MICHAEL JASON POWLEY,
Defendant/Respondent : IN DIVORCE
PETITION FOR A RULE ABSOL UTE
NOW COMES Cynthia Kim Powley, by and through her counsel, SAIDIS,
SHUFF, FLOWER & LINDSAY and states as follows:
1. On January 18, 2000, Petitioner filed a Petition to Compel Discovery.
2. On January 20, 2000, a Rule was issued by the Court providing
Respondent 20 days from service to show cause why the discovery should not be
provided. A copy of the Rule is attached hereto as Exhibit "A".
3. The Rule was served upon Respondent by letter to his counsel of
January 27, 2000. A copy of the letter is attached hereto as Exhibit "B".
4. Despite repeated requests, Respondent has failed or refused to provide
the discovery requested, in particular, information regarding his pension entitlements.
WHEREFORE, Petitioner prays this Honorable Court to make the Rule issued
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Suter
CarWre, PA
on January 20, 2000 absolute, and to require Respondent to produce the documents
requested.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
26 West High Street
Carlisle, PA 17013
(717) 243-6222
?. II Powley ... Proof of service April 17, 2001
VERIFICATION
i
I, the undersigned, hereby verify that the statements made herein are true
and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities.
c C I J. Lindsay, Esquire
j Date:
SAIDIS
SHUF$ FLOWER
& LINDSAY
,. rstia,?nu-w
26 W. High Strw
hdW@, PA
N
Powley ... proof of service April 17, 2001
CYNTHIA KIM POWLEY,
Plaintiff/Petitioner
Vs.
MICHAEL JASON POWLEY,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -DIVORCE
: NO. 99 - 3693 CIVIL TERM
IN DIVORCE
AND now, this 1 day of
r '
2001, I, Carol J. Lindsay, Esquire, of the law firm of AIDIS, SHUFF, FLOWER &
LINDSAY, P.C., Attorneys, hereby certify that I served the within Petition for Rule
Absolute this day by depositing same in the United States Mail, First Class, Postage
Prepaid, in Carlisle, Pennsylvania, addressed to:
Kristin R. Reinhold, Esquire
SILLIKER & REINHOLD
5922 Linglestown Road
Harrisburg, PA 17112
SAIDIS
SHUFF, FLOWER
& LMDSAY
- addarefsnndew
16 W. HI66 Strad
CuMe, PA
SAIDIS, SHUFF, FLOWER 8 LINDSAY, P.C.
Attorneys for Plaintiff
By:
Carol . Lindsay, Esquire
ID# 44693
26 West High Street
Carlisle, PA 17013
(717)243-6222
SILLIKER & REINHOLD
LAW OFFICES
5922 LINGLESTOWN ROAD
HARRISBURG, PENNSYLVANIA 17112
MARK T. SILLIKER
KRISTIN R. REINHOLD
April 25, 2001
Carol Lindsay, Esquire
26 West High Street
Carlisle, PA 17013
Re: Powley v. Powley
Dear Carol:
PHONE: (717) 671-1500
FAX: (717) 671.8968
Pursuant to your letter dated March 14, 2001, I have attempted to contact my client, but
have been unsuccessful. Based upon this, I feel I can no longer represent Mr. Powley.
As I have not formally entered my appearance in this matter. I do not believe I need to
file a Petition to Withdraw as counsel. Therefore, I would suggest that you direct all
future correspondence to Mr. Powley directly. As well, I would note that I have
forwarded a copy of the Order of Court dated April 23, 2001, to Mr. Powley. However,
you may want your office to serve him directly.
Should you have any questions regarding this matter, please feel free to contact me.
Sincerely,
Reinhold
KRR/rsd
Cc: Michael Powley
., II Powley ... petition for contempt August 29, 2001
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true
SAIDIS
SM", FLOVRX
& LINDSAY
Arroarrevs•AT-LAW
26 W. High Street
Carlisle, PA
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: Gf t-DOI
C rol . Lindsay, Esquire
PoWley ... petition for contempt August 29, 2001
CYNTHIA KIM POWLEY,
Plaintiff/Petitioner
Vs.
MICHAEL JASON POWLEY,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 99 - 3693 CIVIL TERM
: IN DIVORCE
AND now, this 30 day of
2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER &
LINDSAY, P.C., Attorneys, hereby certify that I served the within Petition for
Contempt this day by depositing same in the United States Mail, First Class, Postage
Prepaid, in Carlisle, Pennsylvania, addressed to:
Michael J. Powley
764 Wertzville Road
Enola, PA 17025
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATmxrren•M•uW
26 W. High Street
Carlisle, PA
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By: A"""\
C I . Linds y, Esquire
ID# 693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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CYNTHIA KIM POWLEY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
MICHAEL JASON POWLEY,
Defendant No. 99-3693 CIVIL TERM
ORDER OF COURT
AND NOW, this 29th day of October, 2001,
upon consideration of Plaintiff's Petition for Contempt
filed in the above-captioned matter, and pursuant to an
agreement reached in open court between the Defendant and
Plaintiff through her counsel, Carol J. Lindsay, Esquire,
it is ordered and directed as follows:
Michael Powley is adjudged in contempt of
court, but his contempt is purged by his agreement to pay
to Petitioner $300.00 within 10 days of the entry of decree
in divorce in this case and his continued cooperation in
obtaining an appraisal of the marital home.
In the event that a purge condition is not
met, appropriate sanctions will be imposed.
By the Court,
Carol J. Lindsay, Esquire
For the Plaintiff
Michael J. Powley, Pro Se
764 Wertzvile Road
Enola, PA 17025
Defendant
wcy
CYNTHIA KIM POWLEY,
Plaintiff
V.
MICHAEL JASON POWLEY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLANDCOUNTY, PENNSYLVANIA
NO. 99-3693
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
:ss
CYNTHIA HIM POWLEY, formerly known as CYNTHIA KIM BATES, being duly
sworn according to law, deposes and says that she is the Plaintiff in the above-captioned
divorce action in which a final decree from the bonds of matrimony was entered and she
hereby elects to resume her prior surname of CYNTHIA KIM BATES, and, therefore,
gives this written notice avowing said intention, in accordance with #704 of the Act of
November 15, 1972, P.L. lo63, 54 Pa.C.S.A. 704.
Sworn and subscribed
me this - day of _
My Commission Expires
To Be known as
chi
L 2003.
NOTARIAL SEAL
MICHELE A. RENEKER, Notary Public
City of Harrisburg, Dauphin Canty
o? Commission Expires March 17, 2W7
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RECEIVED APR 111005,
CYNTHIA KIM POWLEY now : IN THE COURT OF COMMON PLEAS
known as CYNTHIA KIM BATES, : CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner/Plaintiff
V. : NO. 99-3693
MICHAEL JASON POWLEY, : CIVIL ACTION - LAW
Respondent/Defendant : IN DIVORCE
ORDER
AND NOW, this I I l day of ? t I 2005, the
attached Stipulation and Agreement between the parties is incorporated with, but not merged
into this Order of Court.
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BY THE COURT:
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CYNTHIA KIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3693
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION
1. Under a marital settlement agreement entered into by the parties, Defendant is
by QDRO to transfer $12,000.00 from Defendant's IBEW Pension Fund to Plaintiff.
2. The parties stipulate that the Court sign the attached Qualified Domestic
Relations Order to carry out Defendant's responsibility under the marriage settlement
agreement.
WHEREFORE, the parties, intending to be legally bound by the terms of this
Stipulation and Agreement, do hereunto place their hands and seals.
? (I/ k 6(
Cynthia Kim Bates
Dated:
Michael Jason owley
M/Domestic Relalimm/Divorce/Powity -STIPULATION 3-28-05
Attorney ID #21193
44o9 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorney for Plaintiff
CYNTHIA KIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-3693
: CIVIL ACTION - LAW
: IN DIVORCE
QUALIFIED DOMESTIC RELATION ORDER
This Order is intended to be a Qualified Domestic Relations order ("QDRO"), as that
term is defined in Section 2o6(d) of the Employee Retirement Income Security Act of 1974
("ERISA") and Section 414(p) of the Internal Revenue Code of 1986 ("Code").
Section 1. Identification of Plan
This Order applies to benefits under the IBEW Local No. 143 Annuity ("Plan").
Section 2. Identification of Participant and Alternate Payee
a. Michael Jason Powley is hereafter referred to as the "Participant." The
Participant's address is 764 Wertzville Road, Enola, PA 17025. The Participant's Social Security
number is 2o9-5o-8953•
b. Cynthia Kim Bates is hereafter referred to as the "Alternate Payee." The alternate
Payee's address 51 North Enola Road, Enola, PA 17025. The Alternate Payee's Social Security
number is 178-58-6768.
C. It is the responsibility of the Alternate Payee to keep a current mailing address on
file with the Plan at all times.
Section 3. Amount of Benefit to be Paid to Alternate Payee
a. The portion of the Participant's Plan benefits payable to the Alternate Payee is
$12,ooo.oo. The Plan shall not treat the Alternate Payee as the Participant's spouse for
purposes of the Participant's joint and survivor annuity resulting from the accrued benefit in
which the Participant retains a separate interest.
b. The Plan shall not treat the Alternate Payee as the Participant's spouse for
purpose of the Participant's pre-retirement survivor annuity resulting from the accrued benefit
in which the Participant retains a separate interest.
FOREMAN & FOREMAN, P.C
Dated: 4 -/c-6s' 7 ,?-
Bruc ' of man, Esquire
Attorney ID #21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorney for Plaintiff
H:\Michele\DOMESnC\Divorce\Powley- Qualified Domestic Relations Order 03-29-o5.doc
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CYNTHIA KIM POWLEY IN THE COURT OF COMMON PLEAS OF
now known as CYNTHIA KIM CUMBERLAND COUNTY, PENNSYLVANIA
BATES,
Plaintiff
V.
MICHAEL JASON POWLEY,
Defendant
CIVIL ACTION - LAW
NO. 99-3693 CIVIL TERM
ORDER OF COURT
AND NOW, this 5`h day of April, 2005, upon consideration of Plaintiff's Motion
for Civil Contempt for Disobedience of Court Order, a Rule is hereby issued upon
Defendant to show cause why the relief requested should not be granted.
RULE RETURNABLE at a hearing scheduled for Wednesday, May 4, 2005, at
1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
Bruce D. Foreman, Esq.
4409 North Front Street
Harrisburg, PA 17110-170
Attorney for Plaintiff r
Michael Jason Powley
764 Wertzville Road
/Yyt C?-L?-e °?-
Enola, PA 17025
Defendant, pro se
J115
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BY THE COURT,
FILED-Orf,C=
OF THE PROTF!HO ?OT!ti4Y
1005 APR -5 Pht 3, 41
FPCM43Yi;,,,? 'A'
A
RECEIVED MAR 31 M( p
CYNTHIA KIM POWLEY now
(mown as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3693
CIVIL ACTION - LAW
IN DIVORCE
RDER
AND NOW, this day of , 2005, upon
consideration of the foregoing petition, it is hereby ordered that:
(i) a rule is issued upon the respondent to show cause why the petitioner is
not entitled to the relief requested;
(2) the respondent shall file an answer to the petition within days
of this date;
(3) the petition shall be decided under Pa.R.C.P. NO. 2o6.7;
(4) depositions shall be completed within days of this date;
(5) argument shall be held on in Courtroom of
the Cumberland County Courthouse; and
(6) notice of the entry of this order shall be provided to all parties by the
petitioner.
BY THE COURT:
/J/
, a
CYNTHIA KIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Dcfendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-3693
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF COURT ORDER
AND NOW, comes the Plaintiff, Cynthia Kim Powley, now known as Cynthia Kim Bates,
by her attorneys, Foreman & Foreman, PC, and respectfully represents:
1. The Petitioner was the Plaintiff in a divorce action filed on or about June 18, 1999
to the above-captioned term and number.
2. A Marriage Settlement Agreement dated October 30, 2003, (Exhibit "A" attached
hereto and made a part hereof) was filed to the above-captioned term and number, which
Agreement requires that Defendant immediately sell the former marital residence at 764
Wertzville Road, Enola, Cumberland County, Pennsylvania, 17025 and provide one-half (1/2) of
the net proceeds to Petitioner, with Defendant paying, out of his portion of the proceeds, past
due taxes, mortgage, maintenance, utilities and upkeep (paragraph 4) and that Defendant,
within six (6) months of the date of the Marriage Settlement Agreement transfer, by Qualified
Domestic Relations Order (QDRO) obtained at his expense, Twelve Thousand and oo/loo
(S12,ooo.oo) Dollars of a retirement annuity which Defendant has at IBEW Local No. 143.
3• Despite repeated requests and demands, Defendant has not sold the former
marital residence as required in paragraph 4 of the Marriage Settlement Agreement nor taken
any steps to achieve or attempt to achieve the same.
4. Despite repeated requests and despite the requirements of paragraph 6 of the
Marriage Settlement Agreement, Defendant has taken no steps to obtain a QDRO to transfer the
Twelve Thousand and oo/too ($12,000.00) Dollars interest in the retirement or annuity funds
due Petitioner.
5. Paragraph 15 of the said Marriage Settlement Agreement mandates in the event
that Defendant breaches the Marriage Settlement Agreement, Defendant shall be required to
pay all legal fees and costs incurred by Petitioner in enforcing her rights.
6. This Honorable Court by the Honorable J. Wesley Oler, Jr., Judge, entered a
Decree in Divorce on December 3, 2003, incorporating but not merging the Marriage Settlement
Agreement dated October 30, 2003, (Exhibit "B" attached hereto and made a part hereof).
Through the date hereof, Petitioner has incurred reasonable legal fees and costs
of enforcing her rights as set forth herein in an amount not less than One Thousand and oo/loo
($1,ooo.oo) Dollars.
WHEREFORE, Petitioner respectfully requests that a Rule to Show Cause be entered
against Defendant, Michael Jason Powley, to show cause, if any there be, why Defendant should
not be:
(1) held in contempt of court;
(2) ordered to immediately list the former marital home at 764 Wertzville
Road, Enola, Cumberland County, Pennsylvania, for sale and make best
efforts to sell the same;
(3) required to pay all maintenance, taxes, mortgage payments and utility
payments arising from or with regard to the said residence;
(4) ordered to split with Petitioner the net proceeds of the sale of the said
residence, after the payment of bills required of Defendant;
(5) ordered to immediately obtain a QDRO transferring a Twelve Thousand
and 00/100 ($12,ooo.oo) Dollar portion of his IBEW Local No. 143
retirement annuity;
(6) ordered to pay reasonable legal fees and costs in enforcement of this
matter in the minimum figure of One Thousand and oo/;too ($i,ooo.oo)
Dollars, plus additional fees to be incurred; and
(6) such other relief as the Court may find justified.
Dated: P1 M CGl L? LIt ,SODS
FOREMAN & FOR N, P.C.
/11
nruce i,. roreman,iLsgmre
Attorney ID 21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorney for Plaintiff
fl:\Michele\OOMF.sTIC\Ui,-urem\Ymvlec- Petition for 8nforcenunlt ny-2ro.9.dnc
CYNTHIA KIM POWLEY now : IN THE COURT OF COMMON PLEAS
known as CYNTHIA KIM BATES, : CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner/Plaintiff
V. ' NO. 99-3693
MICHAEL JASON POWLEY, : CIVIL ACTION - LAW
Respondent/Defendant : IN DIVORCE
VERIFICATION
I verify that the statements made in this Pleading 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.
Cynthia Kim Powley, now known as
Cynthia Kim Bates
Date: b 1 fp t (t, ^ 0? Uv S
CYNTHIA KIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3693
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Bruce/ D. Foreman, Esquire, do hereby certify that on this, the A day of
)r O-A CV, , 2005, I served a true and correct copy of said Motion for Civil
Contempt for Disobedience of Court Order, by sending the same by Certified, First Class U.S.
mail, postage prepaid, addressed as follows:
Michael Jason Powley
764 Wertzville Road
Enola, PA 17025
FOAWAN FO N, P.C.
nice ?.
D. orean, squire
Attorney ID 21193
44o9 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorney for Plaintiff
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT is made this ?01:?n day of
2003, by and between MICHAEL JASON POWLEY (hereinafter referred to as "Husband")
AND-
CYNTHIA KIM POWLEY (hereinafter referred to as "Wife") n wi;
WITNESSETH:
Z- -Z
WHEREAS, Husband and Wife were lawfully married in September 5, 19` ,and
WHEREAS, diverse unhappy marital difficulties have arisen betweee par'ties'
causing them to believe that their marriage is irretrievably broken, as a result of whicl& he t0
live separate and apart from one another, the parties being estranged due to such marital
difficulties; and
WHEREAS, there is one minor child born of this marriage being, Aerie Powley, born
September 24, 199o, who is, in the best interest of the child, in the custody of the mother with
liberal periods of temporary custody in the father; and
WHEREAS, the parties hereto are desirous of compromising and settling fully and
finally their respective financial and property rights and obligations as between each other,
including, without limitation by specification: the settling of all matters between them relating
to the ownership of real and personal property; and in general, the settling of any and all claims
and possible claims by one against the other or against their respective estate, particularly those
responsibilities and rights growing out of the marriage relationship, inter alia past, present or
future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and
expenses, and equitable distribution, whether or not the parties reside together; and
WHEREAS, the parties have made full disclosure to each other of their assets and
liabilities and have agreed on a settlement of all property rights and differences existing between
them;and
WHEREAS, the parties intend this Agreement to be a full and complete Marriage
Settlement Agreement, providing for the absolute {tnd final settlement of all their respective
marital and property and all other claims.
NOW, THEREFORE, in consideration of the premises and of the promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, the
receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each
intending to be legally bound hereby, covenant and agree as follows:
r. SEPARATION. It shall be lawful for each party, at all times hereafter, to live
separate and apart from the other, at such place or places as he or she may, from time to time,
choose or deem fit. Each party shall be free from interference, authority or control by the other,
as fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart from the
other. The foregoing provision shall not be an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not
void the provisions of this agreement.
Should a decree, judgment or order of separation or divorce be obtained by either of the
parties in this or any other state, country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be affected in any way by any such
separation or divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this Agreement, whether
or not either or both of the parties shall remarry, it being understood by and between the parties
hereto that this Agreement shall be incorporated in but shall not be merged into any decree,
judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of
this Agreement or the substance of the provisions thereof, may be incorporated by reference
into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a
merger, it being the specific intent of the parties to permit this Agreement to survive any
judgment and to be forever binding and conclusive upon the parties.
2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of
execution" or "execution date", defined as the date upon which-it is executed by the parties if
they have each executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement. Transfer of property, funds and/or documents shall occur on the
effective date unless otherwise specified herein.
3. AGREEMENT NOT A BAR TO DIVOR E. This Agreement shall not be
considered to affect or bar the right of either party to a divorce on lawful grounds as may be now
or hereafter available to either party. This Agreement is not intended to be and shall not be a
condonation on the part of either party of any act or acts of either party hereto. Both parties
hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof
to execute any and all affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right
to request Court ordered counseling.
4. DEBTS AND OBLIGATION AND REAL ESTATE. Each party hereto represents
and warrants that he or she has not, and in the future will not, contract or incur any debt,
obligation or liability for which the other party or his or her estate may be responsible or liable,
except as provided for in this Agreement. Each party hereto agrees to be solely responsible for
the prompt and timely payment of the debts identified to be paid by him or her. Each party
hereto agrees to indemnify and hold harmless the other from any and all claims, debts,
obligations or demands made against him or her by reason of debts or obligations incurred by
him or her or identified to be paid by him or her. Husband agrees to pay all debts, including but
not limited to mortgage, insurance, taxes, all utilities and up keep for the joint, marital
residence at 764 Wertzville Road, Enola, Pennsvlvania, 17025 and to immediately sell the same
with one-halt' (1/2) of the net proceeds to Wife and one-half (1/2) of the net proceeds to
Husband. The net proceeds are the gross proceeds less the costs of sale, and current mortgage
and taxes. All past due taxes, mortgage and costs are the burden of Husband from his sale
proceeds.
5• MUTUAL RELEASES. Husband and Wife hereby mutually remise, release,
quit-claim and forever discharge the other and the estate of such other, for all time to come, and
for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the
estate of such other, of whatever nature and wherever situate, which he or she now has or at any
time hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights,
family exemption or similar allowance or under the intestate laws; or the right to take against
the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all
other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or
any other country; or any rights which either party may now have or at any time hereafter have
for past, present or future support or maintenance, alimony, alimony pendente lite, counsel
fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except
and only except all rights and agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision thereof. It is the intention of
Husband and Wife to give to each other by the execution of this Agreement a full, complete and
general release with respect to any and all property of any kind or nature, real, personal or
mixed, which the other now owns or may hereafter acquire, except, and only except, all rights
and agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. It is further agreed by each party that this
Agreement constitutes a full and final resolution and settlement of all claims of any kind, and
especially and claims arising under the Pennsylvania Divorce Code, which either party may have
against the other.
6. DIVISION OF REAL ESTATE HOUSEHOLD AND PERSONAL
PROPERTY. The parties acknowledge that Husband has rights in a retirement annuity to
IBEW Local No. 143 which had a value at separation of approximately Twenty Five Thousand
and oo/loo ($25,000.oo) Dollars and Wife has a 401K through Highmark Blue Cross/Blue
Shield which had an approximate value at the date of separation of Four Thousand and oo/loo
($4,ooo.oo) Dollars.
Husband agrees that he will transfer to Wife, by way of a QDRO, Twelve Thousand and
oo/loo ($12,ooo.oo) Dollars, and pay all costs for the same. Husband has an absolute duty to
obtain the QDRO as set forth hereinabove within six (6) months
In any event and notwithstanding anything to the contrary herein contained, Husband
agrees that he will be solely responsible for all costs arising from the previously identified real
estate including current payments on mortgage, late payments on mortgage, penalties on the
mortgage and the cost of all taxes, utilities, insurance and upkeep of the property.
7. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect
have been fully explained to Wife by her counsel, Bruce D. Foreman, Esquire. Husband
understands that he has a right to an attorney and has either consulted with an attorney or
waives his right to an attorney after voluntarily and intelligently understanding his right to the
same. Husband and Wife each covenants that he or she has made a full financial disclosure to
the other of his or her respective property, holdings and income. Husband and Wife each
acknowledge that each fully understands the facts of this agreement and has been fully informed
as to her or his legal rights and obligations and each party acknowledges and accepts that this
Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and
voluntarily, with such knowledge and that execution of this Agreement is not the result of any
duress or undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements.
8. ADDITIONAL INST_ MENTTS. Each of the parties shall, from time to time,
at the request of the other, execute, acknowledge and deliver to the other party any and all
further instruments, deeds, titles or documents that may be reasonably required to give full
force and effect to the provisions of this Agreement, including all papers necessary to transfer
title.
9. AFTER-A IRED PR PERTY. Each party shall hereafter independently
own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or
her, with full power to dispose of the same in all respects and for all purposes; as though he or
she were unmarried.
10. APPLICABILITY OF TAX LAW TO PROPERTY TRAM FER The parties
hereby agree and express their interest that any transfer of property under this Agreement shall
be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to
as "the Act," and specifically the provisions of the Act pertaining to property transfers between
spouses and former spouses. The parties agree to sign and file any elections or other documents
required by the Internal Revenue Service to apply the Act to transfers under this Agreement
without recognition of gain and subject to the carry-over basis provisions of the Act.
11. MODIFICATION AND WAIVER A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the
same formality as this Agreement. The failure of either party to insist upon the strict
performance of any of the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
12. ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the parties, and there are no representations, warranties, covenants or undertakings other than
those expressly set forth herein.
13. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or obligations
of the parties.
14. INDEPENDENT SEPARATE COVENANTS. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be
a separate and independent agreement.
15. BREACH. If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach, to terminate
any further payments required to the other hereunder or seek such other remedies or relief as
may be available to him or her, and the party breaching this contract shall be responsible for
payment of legal fees and costs incurred by the other in enforcing their rights under this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
16. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other as an
inducement to enter into this Agreement. The parties acknowledge that there has been no
formal discovery conducted in their pending divorce action and that neither has filed and
Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code.
The rights of either party to pursue a claim for equitable distribution of any interest owned by
the other party in an asset prior to the date of execution hereof which interest was not disclosed
or known by the other party or his or her counsel prior to the execution of this Agreement is
expressly reserved.
17. APPLICABLE LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
18. VOID CLAUSES, If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and, in all other respects,
this Agreement shall be valid and continue in full force, effect and operation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
WIFE:
D
MICHAELJASO POWLEY
HUSBAND:
CYNTHIA KM FOWLEY
WTMESS:
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OF
On this the NaVA-_ of 6'&j'LeA , , 2003, before me, the
undersigned officer, personally appear CYNTHIA KIM POWLEY, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he exec ted the same for the purposes therein contained.
Notary Public
My commission expires:
NOTARWL SEAL
MICHELE A. RENEKER, Notary Public
City of Hartisburg, Dauphin Canty
My_Commission Expaes March 17, 2007
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF
On this thew of -,2003, before me, the
undersigned officer, personally appeared MICHAEL JASON POWLEY, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he executed the same for the purposes therein contained.
Notary Public
My Commission Expires:
NOTARIAL SEAL
MICHELE A. RENEKER, Ndary Public
City of Hanisburg, Dauphin Canty
My Commission Expires March 17, 2007
VV III "1 1, 1:111114;1111 1: 11
IN THE COURT OF COMON
OFCUMBERLANDCOUNTY PLEAS
STATE OF
PENNA.
CYNTHIA KIM POWIFV
Plaintiff No. 99-3693
VERSUS
MICHAEL JASON POWLEY
Defendant
DECREE IN
DIVORCE
AND NOW, December3
. 201L'?, IT IS ORDERED AND
DECREED THAT CYNTHIA KIM POWLEY
PLAINTIFF,
AND MICHAEL JASON POWLEY
DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marriage Settlement Agreement dated October 30, 2003 and
filed wth the Court on November 3, 2003, is
BY THE COURT:
J. Wesley Oler, Jr.
ATTEST .] J.
l _ //Jig lid J1.
PROTHONOTARY
Certified COPY Issued: December S, 2003
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CYNTHIA KIM POWLEY IN THE COURT OF COMMON PLEAS OF
now known as CYNTHIA KIM CUMBERLAND COUNTY, PENNSYLVANIA
BATES,
Plaintiff
` • CIVIL ACTION - LAW
MICHAEL JASON POWLEY,
Defendant : NO. 99-3693 CIVIL TERM
ORDER OF COURT
AND NOW, this 2"d day of May, 2005, upon consideration of the attached letter
from Bruce D. Foreman, Esq., attorney for Plaintiff, the hearing on Plaintiff's Motion for
Civil Contempt for Disobedience of Court Order previously scheduled for May 4, 2005,
is rescheduled to Thursday, June 9, 2005, at 10:30 a.m., in Courtroom No. I, Cumberland
County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
/race D. Foreman, Esq.
4409 North Front Street
Harrisburg, PA 17110-1709
Attorney for Plaintiff
Michael Jason Powley
764 Wertzville Road
Enola, PA 17025
Defendant, pro se
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OF THE f ;:,•,
2005 HAY -3 AN 11: 04
L4%V OFFICES
FOREMAN & FOREMAN, P.C.
-1104 NORT)I FRONT STREET
BRUCE IL FORE)LAN IIARIUSBURG. PA 171111.17114
JEFF FOREMAN
JONATHAN \I. CRIST
April 29, 2005
Via Facsimile 717-140-606$
First Class Mall
Honorable J. Wesley Oler, Jr., Judge
Cumberland Court of Common Pleas
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TELEPHONE t717) 236.0341
FAX (717) 83fi-6602
jCI$^7.(glomonforeman cram
brure@foreman•fetemnn com
k n o t h a nft m m a n• fo re m a n.mm
Re: Cynthia Kim Powley now known as Cynthia Kim Bates v.
Michael Jason Powley
No. 99-3693
Dear Judge Oler:
I represent the Plaintiff in the above-captioned action. Defendant, Michael
Jason Powley, who is acting pro se, has requested that we agree to a
continuance of the hearing which you have scheduled on Wednesday, May 4,
2005 at 1:30 p.m. in Courtroom No. 1 with regard to our motion for civil
contempt for disobedience of a court order. Mr. Powley has indicated to us
that with a period of time, he may be able to clear up our suggestion of
contempt without imposing upon the Court's time. We have consented to Mr.
Powley's request and we now join him in asking that the Court continue this
action to the next time convenient to the Court at least three (3) or four (4)
weeks from the scheduled time.
Very tr y yo
Bruce D. Foreman
BDF.mam
Cc: Michael Jason Powley !,y
Cynthia K. Bates
Y%.
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CYNTHIA KIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3693 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this --I&- day of June, 2005, upon consideration of the
attached letter from Bruce D. Foreman, Esq., attorney for Plaintiff, the hearing on Plaintiffs
Motion for Civil Contempt for Disobedience of Court Order previously scheduled for June 9,
2005, is rescheduled to Monday, August 22, 2005, at 9:30 a.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
Distribution:
ruce D. Foreman, Esq.
4409 North Front Street
Harrisburg, PA 17110-1709
Attorney for Plaintiff
VMichael Jason Powley
764 Wertzville Road
Enola, PA 17025
Defendant, pro se
O "
BY THE COURT.
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LAW OFFICES
FOREMAN & FOREMAN, P.C.
4.109 NORTH FRONT STREET
BRUCE U. FOREMAN HARRISBURG. PA 17110-1709 TELEPHONE (717) 280.0391
JEFF FOREMAN FAX (71 O 236.6602
JONATHAN M. CRIST iePoMforeman-foreman.mm
bruce@foreman-fomman.com
ionatha nAforem amforema n.mm
June 8, 2005
Via Facsimile 717-240-6264
First Class Mail
Honorable J. Wesley Oler, Jr., Judge
Cumberland Court of Common Pleas
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Cynthia Kim Powley now known as Cynthia Kim Bates v.
Michael Jason Powley
No. 99-3693
Dear Judge Oler:
I represent the Plaintiff in the above-captioned action. Defendant, Michael
Jason Powley, who is acting pro se, has requested that we agree to another
continuance of the hearing which you have scheduled on Thursday, June 9,
2005 at 10:30 p.m. in Courtroom No. 1 with regard to our motion for civil
contempt for disobedience of a court order. Mr. Powley has indicated to us
that with this period of time, he may be able to clear up our suggestion of
contempt without imposing upon the Court's time. We have consented to Mr.
Powley's request and per your secretary, have rescheduled this matter for
Monday, August 22, 2005 at 9:30 a.m.
Very truly yo
Bruce D. oreman
BDF.mam
Cc: Michael Jason Powley
Cynthia K. Bates
CYNTHIA KIM POWLEY IN THE COURTOF COMMON PLEAS OF
now known as CYNTHIA KIM CUMBERLAND COUNTY, PENNSYLVANIA
BATES,
Plaintiff
V.
MICHAEL JASON POWLEY,
Defendant
CIVIL ACTION - LAW
NO. 99-3693 CIVIL'fERM
ORDER OF COURT
AND NOW, this 19°i day of August, 2005, upon consideration of the attached
letter from Bruce D. Foreman, Esq., attorney for Plaintiff, the hearing on Plaintiffs
Motion for Civil Contempt for Disobedience of Court Order previously scheduled for
August 22, 2005, is cancelled.
BY THE COURT,
v°ruce D. Foreman, Esq.
4409 North Front Street
Harrisburg, PA 17110-1709
Attorney for Plaintiff
Xichael Jason Powley
764 Wertzville Road
Enola, PA 17025
Defendant, pro se
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OF THE F?','N 'OT,\5Y
2005 A0 22 PH 2: 06
LAW OFFIUS
FOREMAN & FOREMAN, P.C.
1109 NORTH FRONT STREET
BRUCE 1). FORF.\fAN HARRISBURG. 1':1171191711!1
JEFF FOREMAN
JONATHAN M. CRIST
August 19, 2005
Via Facsimile 717-240-6462
First Class Mail
Honorable J. Wesley Oler, Jr., Judge
Cumberland Court of Common Pleas
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TELEPHONE (717) 2399391
FAX (717) 25990112
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19Ilnth9nWm-mujQmmaO com
Re: Cynthia Kim Powley now known as Cynthia Kim Bates v.
Michael Jason Powley
No. 99-3693
Dear Judge Oler:
I am pleased to advise you that the above-captioned matter, which you have
scheduled for hearing before you commencing at 9:30 a.m. on Monday,
August 22, 2005, has been settled. Within the next twenty (20) days we
expect to be filing a Praecipe to mark the case settled, satisfied and
withdrawn. In the meantime, on behalf of the Plaintiff, who requested the
contempt hearing, we are withdrawing our request for the same.
Very truly y s,
r ce D. r an
BDF.mam
Cc: Michael Jason Powley
Cynthia K. Bates
Ynnj
F./
CYNTHIA KIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-3693
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION FOR CIVIL CONTEMPT FOR DISOBEDIENCE OF COURT ORDER
AND NOW, comes the Plaintiff, Cynthia Kim Powley, now known as Cynthia Kim Bates,
by her attorneys, Foreman & Foreman, PC, and respectfully represents:
1. The Petitioner was the Plaintiff in a divorce action filed on or about June 18, 1999
to the above-captioned term and number.
A Marriage Settlement Agreement dated October 30, 2003, (Exhibit "A" attached
hereto and made a part hereof) was filed to the above-captioned term and number, which
Agreement requires that Defendant immediately sell the former marital residence at 964
Wertzville Road, Enola, Cumberland County, Pennsylvania, 17025 and provide one-half (1/2) of
the net proceeds to Petitioner, with Defendant paying, out of his portion of the proceeds, past
due taxes, mortgage, maintenance, utilities and upkeep (paragraph 4) and that Defendant,
within six (6) months of the date of the Marriage Settlement Agreement transfer, by Qualified
Domestic Relations Order (QDRO) obtained at his expense, Twelve Thousand and oo/loo
($12,ooo.oo) Dollars of a retirement annuity which Defendant has at IBEW Local No. 143.
3. Despite repeated requests and demands, Defendant has not sold the former
marital residence as required in paragraph 4 of the Marriage Settlement Agreement nor taken
any steps to achieve or attempt to achieve the same.
Despite repeated requests and despite the requirements of paragraph 6 of the
Marriage Settlement Agreement, Defendant has taken no steps to obtain a QDRO to transfer the
Twelve Thousand and 00/100 ($r 2,000.00) Dollars interest in the retirement or annuity funds
due Petitioner.
Paragraph 15 of the said Marriage Settlement Agreement mandates in the event
that Defendant breaches the Marriage Settlement Agreement, Defendant shall be required to
pay all legal fees and costs incurred by Petitioner in enforcing her rights.
6. This Honorable Court by the Honorable J. Wesley Oler, Jr., Judge, entered a
Decree in Divorce on December 3, 2003, incorporating but not merging the Marriage Settlement
Agreement dated October 30, 2003, (Exhibit "B" attached hereto and made a part hereof).
Through the date hereof, Petitioner has incurred reasonable legal fees and costs
of enforcing her rights as set forth herein in an amount not less than One Thousand and oo/roo
($r,ooo.oo) Dollars.
WHEREFORE, Petitioner respectfully requests that a Rule to Show Cause be entered
against Defendant, Michael Jason Powley, to show cause, if any there be, why Defendant should
not be:
(1) held in contempt of court;
(2) ordered to immediately list the former marital home at 764 Wertzville
Road, Enola, Cumberland County, Pennsylvania, for sale and make best
efforts to sell the same;
(3) required to pay all maintenance, taxes, mortgage payments and utility
payments arising from or with regard to the said residence;
(4) ordered to split with Petitioner the net proceeds of the sale of the said
residence, after the payment of bills required of Defendant;
(5) ordered to immediately obtain a QDRO transferring a Twelve Thousand
and oo/ioo ($12,000.oo) Dollar portion of his IBEW Local No. 143
retirement annuity;
(6) ordered to pay reasonable legal fees and costs in enforcement of this
matter in the minimum figure of One Thousand and oo/loo ($1,ooo.oo)
Dollars, plus additional fees to be incurred; and
(6) such other relief as the Court may find justified.
Dated: i))(o aI ?? C41 ,BOO)i
FOREMAN & FOR N, P.C.
Druce u. roreman, T squire
Attorney ID 21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorney for Plaintiff
H.AMichele,UOMPI5T1O\lliv?reeAYOwley -Petition fir ]?nforcement o3-zi-o5.doc
CYNTHIA KIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3693
CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I verify that the statements made in this Pleading are true and correct. I understand
that false statements herein are made subject to the penalties of r$ Pa. C.S. §4904 relating to
unsworn falsification to authorities.
Cynthia Kim Powley, now known as
Cynthia Kim Bates
Date: s}10i(r,o? ? OaS
CYNTHIA HIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3693
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Bruce D. Foreman, Esquire, do hereby certify that on this, the Y day of
)at-L- C - ', 2005, I served a true and correct copy of said Motion for Civil
Contempt for Disobedience of Court Order, by sending the same by Certified, First Class U.S.
mail, postage prepaid, addressed as follows:
Michael Jason Powley
764 Wertzville Road
Enola, PA 17025
FOyt?MAN FO P.C.
Bruce D. Foreman, Esquire
Attorney ID 21193
44o9 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorney for Plaintiff
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT is made this day of ?z? (rte
2003, by and between MICHAEL JASON POWLEY (hereinafter referred to as "Husband")
-AND-
(1 C")
CYNTHIA KIM POWLEY (hereinafter referred to as "Wife")
WITNESSETH: ??-
1
WHEREAS, Husband and Wife were lawfully married in September 5, 191?' sand
WHEREAS, diverse unhappy marital difficulties have arisen betwee
causing them to believe that their marriage is irretrievably broken, as a result of w
live separate and apart from one another, the parties being estranged due to
difficulties; and
WHEREAS, there is one minor child born of this marriage being, Aerie Powley, born
September 24, 199o, who is, in the best interest of the child, in the custody of the mother with
liberal periods of temporary custody in the father; and
WHEREAS, the parties hereto are desirous of compromising and settling fully and
finally their respective financial and property rights and obligations as between each other,
including, without limitation by specification: the settling of all matters between them relating
to the ownership of real and personal property; and in general, the settling of any and all claims
and possible claims by one against the other or against their respective estate, particularly those
responsibilities and rights growing out of the marriage relationship, inter alia past, present or
future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and
expenses, and equitable distribution, whether or not the parties reside together; and
WHEREAS, the parties have made full disclosure to each other of their assets and
liabilities and have agreed on a settlement of all property rights and differences existing between
them; and
WHEREAS, the parties intend this Agreement to be a full and complete Marriage
Settlement Agreement, providing for the absolute and final settlement of all their respective
marital and property and all other claims.
NOW, THEREFORE, in consideration of the premises and of the promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, the
receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each
intending to be legally bound hereby, covenant and agree as follows:
r. SEPARATION. It shall be lawful for each party, at all times hereafter, to live
separate and apart from the other, at such place or places as he or she may, from time to time,
choose or deem fit. Each party shall be free from interference, authority or control by the other,
as fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart from the
other. The foregoing provision shall not be an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not
void the provisions of this agreement.
Should a decree, judgment or order of separation or divorce be obtained by either of the
parties in this or any other state, country or jurisdiction, each of the parties hereby consents and
agrees that this Agreement and all of its covenants shall not be affected in any way by any such
separation or divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this Agreement, whether
or not either or both of the parties shall remarry, it being understood by and between the parties
hereto that this Agreement shall be incorporated in but shall not be merged into any decree,
judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of
this Agreement or the substance of the provisions thereof, may be incorporated by reference
into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a
merger, it being the specific intent of the parties to permit this Agreement to survive any
judgment and to be forever binding and conclusive upon the parties.
2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of
execution" or "execution date", defined as the date upon which-it is executed by the parties if
they have each executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement. Transfer of property, funds and/or documents shall occur on the
effective date unless otherwise specified herein.
3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be
considered to affect or bar the right of either party to a divorce on lawful grounds as may be now
or hereafter available to either party. This Agreement is not intended to be and shall not be a
condonation on the part of either party of any act or acts of either party hereto. Both parties
hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof
to execute any and all affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right
to request Court ordered counseling.
4. DEBTS AND OBLIGATIONSAND REAL. ESTATE. Each party hereto represents
and warrants that he or she has not, and in the future will not, contract or incur any debt,
obligation or liability for which the other party or his or her estate may be responsible or liable,
except as provided for in this Agreement. Each party hereto agrees to be solely responsible for
the prompt and timely payment of the debts identified to be paid by him or her. Each party
hereto agrees to indemnify and hold harmless the other from any and all claims, debts,
obligations or demands made against him or her by reason of debts or obligations incurred by
him or her or identified to be paid by him or her. Husband agrees to pay all debts, including but
not limited to mortgage, insurance, taxes, all utilities and up keep for the joint, marital
residence at 764 Wertzville Road, Enola, Pennsylvania, 17025 and to immediately sell the same
with one-half (1/2) of the net proceeds to Wife and one-half (1/2) of the net proceeds to
Husband. The net proceeds are the gross proceeds less the costs of sale, and current mortgage
and taxes. All past due taxes, mortgage and costs are the burden of Husband from his sale
proceeds.
5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release,
quit-claim and forever discharge the other and the estate of such other, for all time to come, and
for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the
estate of such other, of whatever nature and wherever situate, which he or she now has or at any
time hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights,
family exemption or similar allowance or under the intestate laws; or the right to take against
the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all
other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or
any other country; or any rights which either party may now have or at any time hereafter have
for past, present or future support or maintenance, alimony, alimony pendente Cite, counsel
fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except
and only except all rights and agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision thereof. It is the intention of
Husband and Wife to give to each other by the execution of this Agreement a full, complete and
general release with respect to any and all property of any kind or nature, real, personal or
mixed, which the other now owns or may hereafter acquire, except, and only except, all rights
and agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. It is further agreed by each party that this
Agreement constitutes a full and final resolution and settlement of all claims of any kind, and
especially and claims arising under the Pennsylvania Divorce Code, which either parry may have
against the other.
6. DIVISION OF REAL ESTATE. HOUSEHOLD AND PERSONAL
PROPERTY. The parties acknowledge that Husband has rights in a retirement annuity to
IBEW Local No. 143 which had a value at separation of approximately Twenty Five Thousand
and oo/loo ($25,ooo.oo) Dollars and Wife has a 4o1K through Highmark Blue Cross/Blue
Shield which had an approximate value at the date of separation of Four Thousand and 00/loo
($4,ooo.oo) Dollars.
Husband agrees that he will transfer to Wife, by way of a QDRO, Twelve Thousand and
00/100 ($12,ooo.oo) Dollars, and pay all costs for the same. Husband has an absolute duty to
obtain the QDRO as set forth hereinabove within six (6) months
In any event and notwithstanding anything to the contrary herein contained, Husband
agrees that he will be solely responsible for all costs arising from the previously identified real
estate including current payments on mortgage, late payments on mortgage, penalties on the
mortgage and the cost of all taxes, utilities, insurance and upkeep of the property.
7. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect
have been fully explained to Wife by her counsel, Bruce D. Foreman, Esquire. Husband
understands that he has a right to an attorney and has either consulted with an attorney or
waives his right to an attorney after voluntarily and intelligently understanding his right to the
same. Husband and Wife each covenants that he or she has made a full financial disclosure to
the other of his or her respective property, holdings and income. Husband and Wife each
acknowledge that each fully understands the facts of this agreement and has been fully informed
as to her or his legal rights and obligations and each parry acknowledges and accepts that this
Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and
voluntarily, with such knowledge and that execution of this Agreement is not the result of any
duress or undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements.
8. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time,
at the request of the other, execute, acknowledge and deliver to the other party any and all
further instruments, deeds, titles or documents that may be reasonably required to give full
force and effect to the provisions of this Agreement, including all papers necessary to transfer
title.
9. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently
own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or
her, with full power to dispose of the same in all respects and for all purposes; as though he or
she were unmarried.
10. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties
hereby agree and express their interest that any transfer of property under this Agreement shall
be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to
as "the Act," and specifically the provisions of the Act pertaining to property transfers between
spouses and former spouses. The parties agree to sign and file any elections or other documents
required by the Internal Revenue Service to apply the Act to transfers under this Agreement
without recognition of gain and subject to the carry-over basis provisions of the Act.
11. MODIFICATION AND WAIVER. A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the
same formality as this Agreement. The failure of either party to insist upon the strict
performance of any of the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
12. ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the parties, and there are no representations, warranties, covenants or undertakings other than
those expressly set forth herein.
13. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or obligations
of the parties.
14. INDEPENDENT SEPARATE COVENANTS. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be
a separate and independent agreement.
15. BREACH. If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach, to terminate
any further payments required to the other hereunder or seek such other remedies or relief as
may be available to him or her, and the party breaching this contract shall be responsible for
payment of legal fees and costs incurred by the other in enforcing their rights under this
Agreement, or in seeking such other remedies or relief as may be available to him or her.
16. DISCLOSURE OF FINANCES. Each parry hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other as an
inducement to enter into this Agreement. The parties acknowledge that there has been no
formal discovery conducted in their pending divorce action and that neither has filed and
Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code.
The rights of either party to pursue a claim for equitable distribution of any interest owned by
the other party in an asset prior to the date of execution hereof which interest was not disclosed
or known by the other parry or his or her counsel prior to the execution of this Agreement is
expressly reserved.
1-.
APPLICABLE LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
18. VOID CLAUSES. If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and, in all other respects,
this Agreement shall be valid and continue in full force, effect and operation.
IN WYrNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
WIFE:
#L'r4g&?
MICHAEL JASON POWLEY
HUSBAND:
CYNTHIA TRIM POWLEY
WITNESS:
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OF
On this the J _ of Cdd -C L_ , 2oo3, before me, the
undersigned officer, personally appear CYNTHIA KIM POWLEY, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he executed the same for the purposes therein contained.
Notary Public
My commission expires:
=SFAL
MEb?-?-xic+r-u * ?t ?--?*x*+*-?? »at-pit ? at-?*-?a?x?-*a+? ?t?tx at ???-?t-??;r s-?tN-as-?t? ?z?-?t?*«-x»?ces?r** ar ?a+t * ?t?t?t ?t?+*
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF
On this the of oi_q r, 2003, before me, the
undersigned officer, personally appeared MICHAEL JASON POWLEY, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he executed the same for the purposes therein contained.
Notary Public
My Commission Expires:
NOTARIAL SEAL
MICHELE A. RENEKER, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires March 17, 2D07
VERSUS
MICHAEL JASON POWLEY
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
CYNTHIA KIM POWLEY
Plaintiff
Defendant
No. 99-3693
DECREE IN
DIVORCE
AND NOW, Qecember3 , ?00? , IT IS ORDERED AND
DECREED THAT CYNTHIA KIM POWLEY ,PLAINTIFF,
AND MICHAEL JASON POWLEY ,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED:
The Marriage Settlement Agreement dated October 30, 2003 and
filed wth the Court
herein,';but not mer
November 3, 2003, is incorporated
herewith.
BY THE COURT:
J. Wesley Oler, Jr.
ATTEST:
PROTHONOTARY
Certified Copy Issued: December 8, 2003
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CYNTHIA KIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3693
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION
1. Under a marital settlement agreement entered into by the parties, Defendant is
by QDRO to transfer $12,000.00 from Defendant's IBEW Pension Fund to Plaintiff.
2. The parties stipulate that the Court sign the attached Qualified Domestic
Relations Order to carry out Defendant's responsibility under the marriage settlement
agreement.
WHEREFORE, the parties, intending to be legally bound by the terms of this
Stipulation and Agreement, do hereunto place their hands and seals.
A
Cynthia Kim Bates
Dated: 4
/h V J. Y V/^A?_?//
Michael Jason 0wl0y
Bruce EV-FoEfman, 4sgi
Attorney ID #21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorney for Plaintiff
P.C.
M/Domestic Relations/Divorce/Powley -STIPULATION 3-28-05
CYNTHIA KIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-3693
: CIVIL ACTION - LAW
: IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
This Order is intended to be a Qualified Domestic Relations order (`!QDRO"), as that
term is defined in Section 2o6(d) of the Employee Retirement Income Security Act of 1974
("ERISA") and Section 414(p) of the Internal Revenue Code of 1986 ("Code').
Section i. Identification of Plan
This Order applies to benefits under the IBEW Local No. 143 Annuity ("Plan").
Section a. Identification of Participant and Alternate Payee
a. Michael Jason Powley is hereafter referred to as the "Particip4nt." The
Participant's address is 764 Wertzville Road, Enola, PA 17025. The Participant's Social Security
number is 209-50-8953•
b. Cynthia Kim Bates is hereafter referred to as the "Alternate Payee." The alternate
Payee's address 51 North Enola Road, Enola, PA 17025. The Alternate Paye?'s Social Security
number is 178-58-6768.
C. It is the responsibility of the Alternate Payee to keep a current mailing address on
file with the Plan at all times.
Section 3. Amount of Benefit to be Paid to Alternate Payee
a. The portion of the Participant's Plan benefits payable to the Alternate Payee is
$12,ooo.oo. The Plan shall not treat the Alternate Payee as the Participant's spouse for
purposes of the Participant's joint and survivor annuity resulting from the accrued benefit in
which the Participant retains a separate interest.
b. The Plan shall not treat the Alternate Payee as the Participant Is spouse for
purpose of the Participant's pre-retirement survivor annuity resulting from! the accrued benefit
in which the Participant retains a separate interest.
FOREMAN & FOREMAN, P.C.
Dated: t /r J(cS
Bruc ' . o man, Esquire
Attorney ID #21193
4409 North Front Street
Harrisburg, PA 17110-1709
(717) 236-9391
Attorney for Plaintiff
H:\Michele\DOMESTIC\Divorce\Powley - Qualified Domestic Relations Order 03-28-05.doc
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CYNTHIA KIM POWLEY IN THE COURT OF COMM
now known as CYNTHIA KIM CUMBERLAND COUNTY,
BATES,
Plaintiff
V.
MICHAEL JASON POWLEY,
Defendant
CIVIL ACTION - LAW
NO. 99-3693 CIVIL TERM
ORDER OF COURT
AND NOW, this 5`h day of April, 2005, upon consideration
for Civil Contempt for Disobedience of Court Order, a Rule is
Defendant to show cause why the relief requested should not be
RULE RETURNABLE at a hearing scheduled for
1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse,
BY THE COURT,
.r
Bruce D. Foreman, Esq.
4409 North Front Street
Harrisburg, PA 17110-17
Attorney for Plaintiff
Michael Jason Powley
J
764 Wertzville Road
Enola, PA 17025
Defendant, pro se
:rc
iAS OF
YLVANIA
Plaintiff s Motion
issued upon
, May 4, 2005, at
Pennsylvania.
I I '4 Wc.J S- M SUN
h +r1 `^,!"i1C?ju 3Hi ?Q
RECEIVED APR 1121M,\
CYNTHIA KIM POWLEY now : IN THE COURT OF COMMON PLEAS
known as CYNTHIA KIM BATES, : CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner/Plaintiff
V. : NO. 99-3693
MICHAEL JASON POWLEY, : CIVIL ACTION - LAW
Respondent/Defendant : IN DIVORCE
RDER
AND NOW, this ?1 l day of zoos, the
attached Stipulation and Agreement between the parties is incorporated with, but not merged
into this Order of Court.
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BY THE COURT:
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CYNTHIA KIM POWLEY IN THE COURT OF COMMON PLEAS OF
now known as CYNTHIA KIM CUMBERLAND COUNTY, PENNSYLVANIA
BATES,
Plaintiff
V.
MICHAEL JASON POWLEY,
Defendant
CIVIL ACTION - LAW
NO. 99-3693 CIVIL TERM
ORDER OF COURT
AND NOW, this 2"d day of May, 2005, upon consideration of the attached letter
from Bruce D. Foreman, Esq., attorney for Plaintiff, the hearing on Plaintiffs Motion for
Civil Contempt for Disobedience of Court Order previously scheduled for May 4, 2005,
rescheduled to Thursday, June 9, 2005, at 10:30 a.m., in Courtroom No. 1, Cumberland
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
D. Foreman, Esq.
North Front Street
sburg, PA 17110-1709
nev for Plaintiff
iael Jason Powley
Wertzville Road
a, PA 17025
:ndant, pro se
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LAW OFFICES
FOREMAN & FOREMAN, P.C.
4409 NORTH FRONT STREET
BRUCE; U FOREMAN HARRISBURG, PA 171101709
JEFF FOREMAN
JONATHAN \t. CRIST
April 29, 2005
Via Facsimile 717-240-6060
First Class Mail
Honorable J. Wesley Oler, Jr., Judge
Cumberland Court of Common Pleas
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TELEPHONE (717) 236-9391
FAX (71 7) 236 6602
ieftfgmn an-foreman.mm
hruce foreman foreman com
b1 nathau foreman- foreman com
Re: Cynthia Kim Powley now known as Cynthia Kim Bates v.
Michael Jason Powley
No. 99-3693
Dear Judge Oler:
I represent the Plaintiff in the above-captioned action. Defendant, Michael
Jason Powley, who is acting pro se, has requested that we agree to a
continuance of the hearing which you have scheduled on Wednesday, May 4,
2005 at 1:30 p.m. in Courtroom No. 1 with regard to our motion for civil
contempt for disobedience of a court order. Mr. Powley has indicated to us
that with a period of time, he may be able to clear up our suggestion of
contempt without imposing upon the Court's time. We have consented to Mr.
Powley's request and we now join him in asking that the Court continue this
action to the next time convenient to the Court at least three (3) or four (4)
weeks from the scheduled time.
Very tr y yo
Bruce D. Foreman
.mam
Michael Jason Powley !<??
Cynthia K. Bates
CYNTHIA KIM POWLEY now
known as CYNTHIA KIM BATES,
Petitioner/Plaintiff
V.
MICHAEL JASON POWLEY,
Respondent/Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3693 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this day of June, 2005, upon consideration of the
attached letter from Bruce D. Foreman, Esq., attorney for Plaintiff, the hearing on Plaintiff's
Motion for Civil Contempt for Disobedience of Court Order previously scheduled for June 9,
2005, is rescheduled to Monday, August 22, 2005, at 9:30 a.m., in Courtroom No. 1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
Distribution:
ruce D. Foreman, Esq.
4409 North Front Street
Harrisburg, PA 17110-1709
Attorney for Plaintiff
?4chael Jason Powley
764 Wertzville Road
Enola, PA 17025
Defendant, pro se
0?; ?tes?)
fb- -
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O06-0-C6
BY THE COURT.
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AENICINI?..')il taidd --].Hl 40
LAW OFFICES
FOREMAN & FOREMAN, P.C.
4409 NORTH FRONT STREET
BRUCE D. FOREMAN HARRISBURG, PA 17110.1709
JEFF FOREMAN
JONATHAN M. CRIST
June 8, 2005
Via Facsimile 717-240-6264
First Class Mail
Honorable J. Wesley Oler, Jr., Judge
Cumberland Court of Common Pleas
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TELEPHONE (717) 236-9391
FAY (717) 236-6602
ieff@foreman-foreman.com
bruce@foreman-foreman.com
jonathan@foreman-foreman.com
Re: Cynthia Kim Powley now known as Cynthia Kim Bates v.
Michael Jason Powley
No. 99-3693
Dear Judge Oler:
I represent the Plaintiff in the above-captioned action. Defendant, Michael
Jason Powley, who is acting pro se, has requested that we agree to another
continuance of the hearing which you have scheduled on Thursday, June 9,
2005 at 10:30 p.m. in Courtroom No. 1 with regard to our motion for civil
contempt for disobedience of a court order. Mr. Powley has indicated to us
that with this period of time, he may be able to clear up our suggestion of
contempt without imposing upon the Court's time. We have consented to Mr.
Powley's request and per your secretary, have rescheduled this matter for
Monday, August 22, 2005 at 9:30 a.m.
Very truly yo ,
y
Bruce D. oreman
BDF.mam
Cc: Michael Jason Powley
Cynthia K. Bates
CYNTHIA KIM POWLEY : IN THE COURT OF COMMON PLEAS OF
now known as CYNTHIA KIM : CUMBERLAND COUNTY, PENNSYLVANIA
BATES,
Plaintiff
V.
MICHAEL JASON POWLEY,
Defendant
CIVIL ACTION - LAW
NO. 99-3693 CIVIL TERM
ORDER OF COURT
AND NOW, this 19'h day of August, 2005, upon consideration of the attached
letter from Bruce D. Foreman, Esq., attorney for Plaintiff, the hearing on Plaintiff's
Motion for Civil Contempt for Disobedience of Court Order previously scheduled for
August 22, 2005, is cancelled.
Ace D. Foreman, Esq.
4409 North Front Street
Harrisburg, PA 17110-1709
Attorney for Plaintiff
Xchael Jason Powley
764 Wertzville Road
Enola, PA 17025
Defendant, pro se
:rc
BY THE COURT,
GU .Z Wd ZZ OR SON
,taViONuH icad 3+a1 J0
LAW OFFICES
FOREMAN & FOREMAN, P.C.
4409 NORTH FRONT STREET
BRUCE D. FOREMAN HARRISBURG, PA 17110-1.709
JEFF FOREMAN
JONATHAN M. GRIST
August 19, 2005
Via Facsimile 717-240-6462
First Class Mail
Honorable J. Wesley Oler, Jr., Judge
Cumberland Court of Common Pleas
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
TELEPHONE (717) 236-9391
FAR (717)'236-6602
ief Woreman-foreman.cam
bruce(Moreman-foreman com
onathan(Mbreman-foreman cram
Re: Cynthia Kim Powley now known as Cynthia Kim Bates v.
Michael Jason Powley
No. 99-3693
Dear Judge Oler:
I am pleased to advise you that the above-captioned matter, which you have
scheduled for hearing before you commencing at 9:30 a.m. on Monday,
August 22, 2005, has been settled. Within the next twenty (20) days we
expect to be filing a Praecipe to mark the case settled, satisfied and
withdrawn. In the meantime, on behalf of the Plaintiff, who requested the
contempt hearing, we are withdrawing our request for the same.
Very truly y s,
r ce D. r an
BDF.mam
Cc: Michael Jason Powley
Cynthia K. Bates