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HomeMy WebLinkAbout03-3111LISA A. OHRN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO.63- 311CIVIL TERM DANIEL J. OHRN, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Lisa A. Ohrn, an adult individual who is sui juris and resides at 2247 Brigade Road, Enola, Cumberland County, Pennsylvania. 2. Defendant is Daniel J. Ohrn, an adult individual who is sui juris and resides at 2247 Brigade Road, Enola, Cumberland County, Pennsylvania. The present whereabouts of the Defendant, Daniel J. Ohrn, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 22, 1997 in Fairfax County, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. B. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG, P.C. By:?l?'y?? San L. Me" ton P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff 54509.1 Verification I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ^r 15-A Cif ? ! IIV? Lisa A. Ohrn Dated: C? ?9' `9 -2003 w ? g ? w -o O 1 - z c.^ Cr) a r ? Li U c f'1? T 7 -. ca LISA A. OHRN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 03-3111 CIVIL TERM DANIEL J. OHRN, , Defendant IN DIVORCE I, Lisa A. Ohrn, do hereby elect to resume my prior name, to wit: Lisa A. Cubbison (or Lisa Ann Cubbison). As noted above, I am a party in the divorce action entered to the above number and term, and give this written notice avowing my intention in accordance with the provisions of 54 Pa.C.S.A. Section 704, as amended by Act 2000-92, effective January 21, 2001. ?1' 0v", Lisa A. Ohrn be known as ,L? a cii, ` Lisa A. Cubbison Sworn to and subscribed before me this day of 2003. 2'?7 N tary Pub lc (SEAL) VICKI DRAKE Notary Public State of Nevada 60664.1 No. 86-1577-1 MY appt, GAP, Sept. 5, 2005 Its. ? , 1 . L ifr> 1 ? I? LISA A. OHRN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3111 CIVIL TERM DANIEL J. OHRN, IN DIVORCE PRAECIPE TO THE Please rei the Divorce Complaint for service on the Defendant. TUCKER ARENSBERG & SWARTZ By: ?(?cJ ry/?iL/rt' 7? 1 Sandra L. Meilton I.D. #32551 111 Front Street P.O. Box 889 Harrisburg, PA 17108 DATED: November 3, w v Tr_ 7l ,J j COMMONWEALTH OF PENNSYLVANIA nn, flkl v na. rLOMHIN .. { Commonwealth of Pennsylvania Pennsylvania State Constable Michael P. Maugans Pager 780-8201 (717) 5454448. SERVICE OF PRRCE C)3 - 31 /1 C't u i, FIL3-y? 1q: 0 #/-{a/ ` VS. DEFENDAN-r: N MEandADDRESS L ?Flo/h',?ifl J Docket No.: A Dat Filed: CNMVtR<A11 Cec?AJ7" Served upon )CAI/ i L J V b ll _ , by handing a copy of Describe Document(s): (Person to be served) / ve pp C C 7//l 7c%gf to (Person Actually Served) - (Relationship) on 1111o , at 4" /?- 9 .M., at (Date) (Time) - (Location) For Landlord/Tenant complaints: Since none of the above found, served by posting a copy of the complaint conspicuously on the premises on (Date) , at (Time) • M•, at Miles Traveled: za'4? (Signature) ?f ???cNAc L i? MA?1 AAlf - , AOPC 624-95 (Print Name and Title) c5 c CO w?a T, rni -, t vc ca =, z r LISA A. OHRN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-3111 DANIEL J. OHRN CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as counsel for the Defendant in the above- captioned matter. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 DATE: July 23, 2007 Counsel for Defendant CERTIFICATE OF SERVICE AND NOW, this 23?d day of July, 2007, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Praecipe for Entry of Appearance by mailing a true and correct copy via United States first class mail, addressed as follows: Sandra L. Meilton, Esquire 1029 Scenery Drive Harrisburg, PA 17109 LAW OFFICES OF MARK K. EMERY By: Mark K. Emery co 1 SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeiiton0-dgmmzlaw.com LISA A. OHRN, now LISA A. CUBBISON, Plaintiff CIVIL ACTION - LAW V. DANIEL J. OHRN, Defendant PRAECIPE PROTHONOTARY: Please withdraw the appearance of Sandra L. Meilton, Esquire, of Tucker Arensberg, P.C. as counsel for the Plaintiff. n '4 r DATED: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3111 CIVIL TERM IN DIVORCE Jame G. Morgan,'J'rl, eEquire TU ER ARENSBERG, P.C. 11 N. Front Street, P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Please enter the appearance of Sandra L. Meilton, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, as counsel for the Plaintiff. Dated: Sandra L. Meilton, squire, I.D. 32551 Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 l CERTIFICATE OF SERVICE AND NOW, this 26th day of July, 2007, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm, Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that have, this day, served the within document on counsel for Defendant, by depositing a copy of the same in the United States mail, first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Mark K Emery, Esquire 410 North Second Street Harrisburg, PA 17101 Daley zucker Meilton Miner & Gingrich, LLC r "?;? - /? , Gloria M. Rine, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 -2- N ?Ct C,. M {-- zz 51- LISA A. OHRN, nqw LISA A. IN THE COURT OF COMMON PLEAS OF CUBBISON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . Vs. DANIEL J. OHRN, Docket No. 03-3111 CIVIL TERM Defendant MOTION FOR APPOINTMENT OF MASTER LISA A. CUBBI SOIL (Plaintiff) (Dzfsudwl? moves the court to appoint a master with respect to the following laims: (x) Divorce) Distribution of Property () Annulme?t ( ) Support O Alimony O Counsel Fees () Alimony endente Lite () Costs and Expenses and in support of the moon states: is complete as to the claims (s) for which the appointment of a master is (1) Discovery (2) The Mark Eme (3) The Ldant (has) appeared in the action (by his attorney, , Esquire). Staturory ground (s) for divorce (is) (are) 1(c) and 3301(d) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agrffment has been reached with respect to the following claims: one c. The action is contested with respect to, the following claims: equitable distribution (5) The a 'on *(does not involve) complex issues of law or fact (6) The h aring is expected to take one half (1l) (days). (7) Additi nal information, if any, relevant to the motion: Date: 10/10/07 Attorney for (Plaintiff)/ Print Att*ey Name ......... Sandra L. Meilton ORDER APPOINTING MASTER , AND NOW, )20 07 is appointed master with respect to the following claims: By the Court: Esquire J. G a sy C` •- lok LISA A. OHRN, now LISA A. CUBBISON, Plaintiff V. DANIEL J. OHRN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3111 CIVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 or 1-800-990-9108 Z'0? Az/"'? Sandra L. Meilton, No. 3 551 Attorney for Plaintiff DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 r % Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton r ,dzmmglaw.com LISA A. OHRN, now LISA A. CUBBISON, Plaintiff V. DANIEL J. OHRN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 03-3111 CIVIL TERM IN DIVORCE AMENDED COMPLAINT UNDER SECTION 3301(c OR 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Lisa A. Cubbison, and avers as follows: COUNTI 1. Plaintiff is Lisa A. Cubbison, an adult individual who is sui juris and resides in Las Vegas, Nevada. 2. Defendant is Daniel J. Ohrn, an adult individual who is sui juris and resides at 2247 Brigade Road, Enola, PA 17025. The present whereabouts of the Defendant, Daniel J. Ohm, to the knowledge of the Plaintiff, is the same. 3. Defendant has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Amended Complaint. 4. The Plaintiff and Defendant were married on January 22, 1997, in Fairfax County, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are that the parties hereto have lived separate and apart for a period of at least two (2) years, Plaintiff will be filing an Affidavit alleging said fact; and that the marriage is irretrievably broken. COUNT II PETITION FOR EQUITABLE DISTRIBUTION 9. Plaintiff and Defendant are the owners of real estate located at 2247 Brigade Road, Enola, Cumberland County, Pennsylvania, which is subject to equitable distribution by this court. 10. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to grant the relief requested including: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitable distributing all property owned by the parties hereto; and C. For such further relief as the Court may determine equitable and just. Sandra L. Meilton, Es, re DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Plaintiff in the within action; that she takes this affidavit on behalf of Plaintiff as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Amended Complaint Under Section 3301(c) or 3301(d) of the Divorce Code are true and correct to the best of her knowledge, information and belief. andra L. Meilton Sworn to and subscribed before me this day of 2007 rC"`"" N Notary Public NOTARKL g GLORLA M. RINE CITY OF NMRftuRG, MY Comm Drq(?p?N COUNTY won Expo Nov 6, 2007 CERTIFICATE OF SERVICE AND NOW, this It day of 4rC c l? , 2007, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm, Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have, this day, served the within document, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Mark Emery, Esquire 410 North 2°d Street Harrisburg, PA 17101 Counsel for Defendant DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Gloria M. Rine, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 n W ? Q4 V W s+ d 0 C F^ a 2 4n --i d 'Ls CJt MM -? G a ff ;A LISA A. OHRN, now LISA A. CUBBISON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DANIEL J. OHRN, V. Defendant NO. 03-3111 CIVIL TERM IN DIVORCE INVENTORY AND APPRAISEMENT OF LISA A. CUBBISON I, LISA A. CUBBISON, file the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. I verify that the statements made in this inventory and appraisement 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. i - . LISA A. CUBBISON, Plaintiff r ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor vehicles () 3. Stocks, bonds, securities and options O 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts O 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) O 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans O 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) O 26. Other r 4. MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of all Owners 1. 2247 Brigade Road Joint Enola, PA 5. Joint PNC Bank checking account Joint Acct. No. 50-0107-7635 6. Legg Mason money market account Joint Acct. No. 369-01117 6. Rite Aid Credit Union savings account Joint 19. Rite Aid retirement Husband 25. Household goods; personal property; Joint furnishings and appliances Appreciation on all pre-marital accounts Joint I h NON-MARITAL PROPERTY Plaintiff lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Name of Reason for Item Number Description of Property all Owners Exclusion 2. Wife's current vehicle Wife Post-separation 19. Legg Mason retirement account Husband Pre-marital Acct. No. 369-02989 19. Franklin Templeton Investments Share Code-Account No. 199-19911433213 Husband Pre-marital 19. Oppenheimer Funds Acct. No. 735 7350221925 Husband Pre-marital 25. Household Goods Husband Pre-marital 25. Household Goods Wife Pre-marital (currently in Husband's possession) PROPERTY TRANSFERRED Plaintiff lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: Item Number Description of Property 2. 1996 Chrysler (vehicle currently stopped running and Plaintiff has arranged with a car dealer to have the car disposed of) 2. 1984 Chevrolet Monte Carlo (disposed of by Defendant in some fashion after date of separation) 19. Legg Mason Individual IRA Acct. No. 369-72053 (closed by Plaintiff after date of separation) 19. Charles Schwab Simple IRA Names of all Owners Joint Husband Wife Wife (closed by Plaintiff after date of separation) . 1% LIABILITIES OF PARTIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date action was commenced: Name of Names of Description of Debt Creditors All Debtors Mortgage on marital Washington Mutual Bank, FA Joint residence Loan No. 8022222445 Second lien on marital residence PNC Bank Joint Wife's vehicle loan (replacement vehicle after Chrysler stopped running) Husband's school loan Bank of America Acct. No. 650-10007191595 AFSA Data Corporation Acct. No. 481-64-0355-1 Line of Credit PNC Bank Acct. No. 40 03 048012618376 Medical bill Hershey Medical Center Acct. No. 2771525 Wife Husband (pre-marital) Joint Husband CERTIFICATE OF SERVICE L.hk AND NOW, this / day of CMG 7G r?? , 2007, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm, Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have, this day, served the within Inventory and Appraisement on Defendant, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Mark Emery, Esquire 410 North 2"d Street Harrisburg, PA 17101 Counsel for Defendant DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Gloria M. Rine, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 rv f_ ?, . '? (STS C C- w? Q LISA A. OHRN, now LISA A. IN THE COURT OF COMMON PLEAS CUBBISON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. NO. 03-3111 CIVIL TERM DANIEL J. OHRN, Defendant IN DIVORCE INCOME AND EXPENSE STATEMENT Attached hereto is the Income and Expense Statement of Plaintiff submitted pursuant to Pa. R.C.P. No. 1920.31. -Vandra L. eil on Attorney for Plaintiff (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on pages 8 and 9 of this Income and Expense Statement.) INCOME AND EXPENSE STATEMENT OF LISA A. CUBBISON INCOME Employer: Tririga Address: 6700 Via Austi Pkwy., Las Vegas, NV 89119 Type of Work: Clerical, Receptionist Pay Period (weekly, biweekly, etc.): biweekly Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Employee Medicare Health 401(k) Net Pay per Pay Period: (see attached electronic paystub) Other Income: Interest/Dividends Pension/Annuity Social Security Rents/Royalties Expense Account Gifts Unemployment Comp. Workmen's Comp. $ 1,269.23 $ 146.53 77.05 18.02 26.39 76.15 $ 925.09 Week Month (Fill in Appropriate Column) $ n/a $ n/a n/a n/a n/a n/a n/a n/a n/a Year Total $ 0 $ $ TOTAL INCOME $ 2 004.36/monthly net ($925.09 x 26 = $24,052.34 _ 12 = $2,004.36 monthly net income) EXPENSES Weekly Monthly (Fill in Appropriate Column) Home Rent $ $ 500.00 Maintenance Utilities Electric Gas Oil Telephone 40 Water Sewer Employment Public $ $ Lunch 20 $80.00 Taxes Real Estate $ $ Personal _ Income Insurance Homeowners Automobile 130.69 Yearly Life Accident Health Other Automobile Payments Fuel Repairs/Maintenance Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) Education Private school Parochial school College Religious Weekly Monthly (Fill in Appropriate Column) $ $295.10 40 $160.00 25.00 Yearly Weekly Monthly (Fill in Appropriate Column) Personal Clothing $ $ Whatever Food is left Barber/hairdresser 35 Credit payments Credit card 110 (HSBC) Charge account 25 (Sears & Robinson's May) 40 Memberships Loans Citibank (for new bed) $ $ 25 Checking Acct. Overdraft 28.39 Miscellaneous Household help $ $ Child care Papers/books/magazines Entertainment Pay TV Vacation Gifts 20 Yearly Legal fees Charitable contributions Other child support Alimony payments Other IRS Weekly Monthly (Fill in Appropriate Column) $ $ 200 aprx. varies 100 TOTAL EXPENSES $ $1,814.18 PROPERTY OWNED Yearly Ownership* Description Value H W J See Inventory and Checking accounts Appraisement _ Savings accounts None See Inventory and Credit Union Appraisement _ See Inventory and Stocks/bonds Appraisement See Inventory and Real estate Appraisement _ See Inventory and Other Appraisement TOTAL $ *H=Husband; W=Wife; J=Joint INSURANCE Policy Coverage* Company No. H W C Hospital Blue Cross Other Medical Blue Shield Other Mediversal, Inc. x Health/Accident Disability Income Dental DDS, Inc x Vision Vision Service Plan x H=Husband; W=Wife; C=Child I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. §4904 related to unsworn falsification to authorities. Lisa A. Cubbison I verify that I have reviewed this form with my client and to the best of my knowledge the answers herein are true and correct. andra L. Meilt Attorney for Plaintiff CERTIFICATE OF SERVICE D ` ?? AND NOW, this / day of OC , 2007, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm, Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I have, this day, served the within document on Defendant, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Mark Emery, Esquire 410 North 2°d Street Harrisburg, PA 17101 Counsel for Defendant DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Y: Gloria M. Rine, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 ra ca o cn .x1 co OCT 162007 LISA A. OHRN, now LISA A. CUBBISON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. DANIEL J. OHRN. Docket No. 03-3111 CIVIL TERM Defendant MOTION FOR APPOINTMENT OF MASTER LISA A. CUBBISON (PlaintiM (Aefmaimt, moves the court to appoint a master with respect to the following claims: (x) Divorce) Distribution of Property () Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) gmmot appeared in the action (? ? (by his attorney, Mark Emery , Esquire). (3) The Staturory ground (s) for divorce (is) (are) 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agr1fment has been reached with respect to the following claims: one c. The action is contested with respect to. the following claims: equitable distribution (5) The action (does not involve) complex issues of law or fact (6) The hearing is expected to take one half WWI) (days). (7) Additional information, if any, relevant to the motion: Date: 10/10/07 Attorney for (Plaintiff)'() Print Attorney Name ......... Sandra L. Me i l t on V". .K A.rrViPl 1l U AND NOW, ( d` 1-7, 20 0 7 is appointed master with respect to the following claims: uire By' Court: .. G J. Y c 4 . i L ?7 r+' ILL, Y r d C-' C-4 t? V 1 h Q 6 C3 All C.; N C= t= t? --4 O ?aWl? cry J r? -cr 9 LISA A. OHRN/CUBBISON, Plaintiff VS. DANIEL J. OHRN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 3111 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this C day of , 2009, the economic claims raised it the proc I dings ha ng been resolved in accordance with a matrimonial settlement agreement dated January 19, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: /Sandra L. Meilton Attorney for Plaintiff VI'M'ark K. Emery Attorney for Defendant 126Ft'aj I'YLC'-LL LrLC'L /?Q !Q^q BY THE COURT, wloo Edgar B. Bayley, P.J. 7 t{C : ? 4ic1 6' -10 3 MATRIMONIAL SETTLEMENT AGREEMENT V4-1- THIS AGREEMENT, made this day of January, 2008, by and between Daniel J. Ohm of 2247 Brigade Road, Enola, Cumberland County, Pennsylvania ("Husband"), and Lisa A. Ohm, now known as Lisa A. Cubbison, of Las Vegas, Nevada ("Wife") Recitals: A. The parties hereto, being Husband and Wife, were lawfully married on January 22, 1997. B. Differences have arisen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their rights and duties or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the right to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference. 2. Divorce. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania at Docket No. 2003-3111. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 23 Pa. C.S.A. § 3301 of the Divorce Code is entered as soon as possible. In particular, the parties, within 10 days of the date of the Agreement, will execute and deliver to Wife's counsel all documents necessary to obtain a final divorce decree. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference but not merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. Marital Propert y. (a) Personal Property. Husband and Wife acknowledge that they currently have in their possession all of their separate and distinct personal property. Upon filing of a Praecipe to 2 Transmit Record, Wife, or Wife's representative, shall provide to Husband the following jewelry currently under Wife's control: i. small single round diamond pendant with chain; ii. gold chain bracelet; iii. pair of small diamond stub earrings; iv. gold wedding band; V. gold anniversary band with 9 small round channel set diamonds, vi. engagement ring with 5 round graduated height and sized diamonds. (b) Retirement. Pension. 401-K Plan. Husband and Wife assert that they possess the following retirement accounts which would constitute marital property, to wit: Husband: 1. Legg Mason; 2. Franklin Templeton Investments; 3. Oppenheimer Funds; 4. T Rowe Price. Wife: 1. Legg Mason; 2. Charles Schwab. Husband and Wife hereby relinquish all right, title and interest in the others above identified retirement accounts. (c) Real Propert y. Husband and Wife are the title owners of real property, and improvements situated thereon, located at 3 2247 Brigade Road, Enola, PA 17025. Husband shall, within forty-five (45) days of the full execution of this Agreement, take such steps as to remove Wife fully from any mortgage or other legal obligation on the Real Property, and further remove her from record on the deed. 4. Debts and Obligations. (a) Individual debts/obligations. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or +?.I, ?krzV-ez? ;s=(2a+bK- LX her on or after the date of this-, Agreadient If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. (b) Joint debts/obligations. Husband asserts that, aside from the first and second mortgage on the marital property addressed in Paragraph 3(c), there exists no outstanding debt in joint names. Husband hereby' asserts that all previously held joint credit cards or joint financial accounts have been previously closed. Husband shall provide to 4 Wife evidence that Wife has been removed from any utility or other service accounts. Husband shall further provide evidence that Wife has been removed from all past joint accounts, and all other past joint debts or obligations have been fully satisfied. Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may arise in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 5. Legal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 6. Automobiles. The parties agree that the 1984 Monte Carlo shall become the sole free and clear property of Husband, and that Husband shall insure and assume all liability therefore except as otherwise set forth herein. Wife waives any right, title or interest she may have in and to said automobile and shall properly execute any title or transfer documents necessary to fulfill this provision, either herewith or when presented to her. The parties further agree that the 1996 Chrysler shall become the sole free and clear property of Wife, and that Wife shall insure and assume all liability therefore except as otherwise set forth herein. Husband waives any right, title or interest she may have in and to said automobile and shall properly execute 5 any title or transfer documents necessary to fulfill this provision, either herewith or when presented to him. 7. Other Writings. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 8. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 9. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and demands, past, present and future, specifically from the following: alimony 6 pendente lite; alimony; spousal support; division of property; claims or rights of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other party's estate, all unless specified to the contrary herein or in a subsequent writing signed by the parties hereto. 10. Tax Return. Each party shall be solely liable for any tax liability from the date of separation, June 21, 2003, forward and each shall indemnify, defend and hold the other harmless from and against any such liability for tax years commencing in 2003 and thereafter. As to all tax years prior to 2003, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the person who failed to disclose such income or who inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the like which may be thereafter assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including reasonable attorney's 7 fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. 11. Medical/Health Insurance. Upon execution hereof, each party shall be responsible for their own medical/health insurance and the maintenance thereof, if any. 12. Entire Agreement. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 13. Legally Binding. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 14. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them; of all debts and encumbrances incurred in any manner whatsoever by each of them; of all sources and amounts of income received or receivable by each party; and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. Each party further represents and warrants that there are no undisclosed debts or obligations for which the other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. 8 15. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceedings. 16. Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: (a) Is fully and completely informed as to the facts relating to the subject matter of this Agreement and as to the rights and liabilities of both parties; (b) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; (d) Has carefully read each provision of this Agreement; and (e) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 17. Amendment or Modification. This Agreement may be amended or modified only by a written instrument signed by both parties. 9 18. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania as they exist on the date of this Agreement. 19. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 20. Severability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. [signatures to follow] 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WITNESS: WIFE: /Z?.' (?o ??l , LIS A. OHRN, now known as LISA A. CUBBISON 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS.. On this, the 10 day of January, 2008, a Notary Public, the undersigned officer, personally appeared Daniel J. Ohm, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF NEVADA COUNTY OF Notary Public My Commission Expire (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARK K. EMERY, Notary Public City of Harrisburu', Dauphin County r M my Commission 'r-*'-'2"*"f'? SS.: On this, the day of January, 2008, a Notary Public, the undersigned officer, personally appeared Lisa A. Ohm, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary blic My Commissi n Expires: 11-o7 a (SEAL) UBLIC EVADA f Clark . WOLF v. 28, 2009 RM r LISA A. OHRN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-3111 DANIEL J. OHRN CIVIL ACTION -LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 1, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of a notice of intention to request entry of the Decree. 4. 1 have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. DATE: /d . 31.0 8 el J. Ohrn c= C C= "tI r 1 ? ?t CP. V r 4 LISA A. OHRN IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03-3111 DANIEL J. OHRN CIVIL ACTION - LAW Defendant IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date ?d- 31 •o /- Daniel J. Ohm env ° " ,? . c rt '? t?.' r?-r t..,. z--? r; ?., ;?? ?? , ,.L `. ?' CIJ {?''7 ` ? F l ??: ? ?? ?T ,C" SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive, Harrisburg, PA 17109 (717) 657-4795 smeiltonAdzmmglaw.com LISA A. OHRN, now LISA A. : IN THE COURT OF COMMON PLEAS CUBBISON, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW V. NO. 03-3111 CIVIL TERM DANIEL J. OHRN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 1, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 12/31/08 / " Q . 0 Lisa A. Ohm G(, c, b 6 Lisa A. Cubbison q4r ? w ?a. ? .; _j Ss zr 1-C7...? - "Ti SANDRA L. MEILTON, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive, Harrisburg, PA 17109 (717) 657-4795 smeilton(&dzmmglaw. corn LISA A. OHRN, now LISA A. CUBBISON, Plaintiff V. DANIEL J. OHRN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 03-3111 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 12/31/08 Date: Lisa A. Ohm Lisa A. Cubbison rv 0 ca .o cn LISA A. OBRRN, now LISA A. IN THE COURT OF COMMON PLEAS CUBBISON, ' CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION DANIEL J. OBRN, NO. 03-3111 CIVIL TERM PRAECIPE TO TRANSNUT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) X0 of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: pergr_7na1 ner ! cue rm Nrnrpml,?r 11 2003. Affidavit of Service filed with the Court on November 13, 2003. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 12/31/08 ; by defendant 12/31/08 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Mailed to Prothonotary on 1/12/09 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: Mailed to Prothanotary on 1/12/09 Attorney for Plain N ? r ; = .._ rT i „? C.If LISA A. OHRN, now LISA A. CUBBISON, V. DANIEL J. OHRN, DIVORCE DECREE AND NOW, 2-c361-, it is ordered and decreed that LISA A. OBRN, now LISA A. CUBBISON , plaintiff, and DANIEL J. OBRN, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. z r J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3111 CIVIL TERM Prothonotary By the Court, %? i/"' ,? <?? f? ?? t • ?'• ? e. t 4 ,r' ? r .? .y I..y`. a _? Y S..